Loading...
HomeMy WebLinkAboutAgenda Packet - July 2, 2007 - CC OF c'd1fFOR�P AGENDA CITY COUNCIL, THE REDEVELOPMENT AGENCY, AND THE AZUSA PUBLIC FINANCING AUTHORITY AZUSA AUDITORIUM MONDAY, JULY 2, 2007 213 EAST FOOTHILL BOULEVARD 6:30 P.M. AZUSA CITY COUNCIL IOSEPH R. ROCHA MAYOR KEITH HANKS ANGEL CARRILLO MAYOR PRO-TEM COUNCILMEMBER URIEL E. MACIAS ROBERT GONZALES COUNCILMEMBER COUNCILMEMBER NOTICE TO THE PUBLIC Copies ofstaffreports or other written documentation relatingto each item of business referred'to on the Agenda are on file in the Office of the City Clerk and are available for public inspection at the City Library. Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a card requesting to speak and shall submit it to the City Clerk prior to the start of the City Council meeting. When called, each person may address any item on or off the agenda.during the public participation. CEREMONIAL Presentation of Certificates of Appreciation to Brownie Troop 902. Swearing In of new Officers as follows: Robert Chivas, Matthew Hendricks, Bertha Parra, and William Johnson. Promotional Acknowledgment of Corporal Jason Kimes, Jorge Sandoval, and Randy Schmidt. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. 54956.9 (a)) P. Hoh v. City of Azusa et al. Case No. CV06-3603 MRP (RCx) CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Organizations/Employee: APOA AND CAPP 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 REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 303 E. Foothill Boulevard, Azusa, CA 91702 Negotiating Parties: Maria Lopez, Tenant Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 303 E. Foothill Boulevard, 716 N. Dalton Avenue, 726 N. Dalton Avenue, 728 N. Dalton Avenue, 740 N. Dalton Avenue, Azusa, CA 91702 Negotiating Parties: Watt Genton Associates, LP_ Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 1 120 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: S &S Foods Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 1 140 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Price Self Storage Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 1030 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: R B Fiberfab Under Negotiation: Price and Terms of Payment 07/02/07 PAGE TWO i REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 1020 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Pro Auto Electric . Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec..54956.8) Address: 1 100 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Melco Steel Inc. Under Negotiation: Price and Terms of Payment. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 1050 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Corky's Place Under Negotiation: Price and Terms of Payment 7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL. • Call to Order • Pledge to the Flag • Invocation - Pastor Samuel Martinez of Christian Faith Center of the Valley A. PUBLIC PARTICIPATION (Person/Group shall be a//owed to speak without interruption up to rive (5) minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes time.) B. REPORTS, UPDATES, AND ANNOUNCEMENTS 1. Requests for Certificates of Welcome to members of the Sister City Youth Exchange. (To be presented at the July 16, 2007 Council Meeting.) 07/02/07 PAGE THREE C. SCHEDULED ITEM I. IOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AND THE CITY OF AZUSA APPROVING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE THAT WOULD RESULT FROM THE PROPOSED ANNEXATION OF THE NORTH-EAST CORNER OF AZUSA AVENUE AND ARROW HIGHWAY ANNEXATION 2005-44 . RECOMMENDED ACTION: Adopt Resolution No. 07-05 q, joint resolution approving the negotiated exchange of property tax revenue related to the T olosed annexation of the north- east corner of Azusa Avenue and Arrow Highway. P 2. CONSIDERATION OF THE ARCHITECTURAL BARRIERS COMMISSION'S (ABC) PROPOSED PARKING LOT RETROFIT. RECOMMENDED ACTION: Consider the Architectural Barriers Commission's proposed parking lot retrofit/design and issue direction to Staff. THE CITY COUNCIL TO CONVENE JOINTLY WITH THE REDEVELOPMENT AGENCY AND THE AZUSA PUBLIC FINANCING AUTHORITY TO ADDRESS THE FOLLOWING: D. JOINT CITY/AZUSA PUBLIC FINANCING AUTHORITY AND AGENCY ITEM 1. APPROVAL OF ISSUANCE OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AMENDED AND RESTATED MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA TAXABLE TAXALLOCATION BONDS, 2007 SERIES A.AND TAX ALLOCATION BONDS 2007 SERIES B: AND DEBT FINANCING DOCUMENTATION ASSOCIATED WITH THE PROPOSED BONDS. RECOMMENDED ACTION: City Council/APFA/Agency Board as prove the following Resolutions authorizing: a. Resolution No. 07-05 oP the City Council of the City of Azusa, California, Approving the Financing of Amend d and Restated Merged Central Business District and West End Redevelopment Project Area by the Redevelopment Agency of the City of Azusa and Other Matters Relating Thereto; and b. Resolution No. 07-P3, of the Azusa Public Financing Authority, Approving the Purchase and Resale of Bonds of the Redevelopment Agency of the City of Azusa, Approving a Form of Purchase Agreement and Certain Other Matters Relating Thereto; and c. Resolution No. 07-1120, of the Redevelopment Agency of the City of Azusa Approving the Issuance of its Amended and Restated Merged Central Business District and West End Redevelopment Project Area Tax Allocation Bonds, Approving Fifth Supplement to Trust Indentures, an Official Statement, a Purchase Agreement, Setting the Maximum Final Terms of the Sale of the Bonds and Making Certain Determinations Relating Thereto. THE AZUSA PUBLIC FINANCING AUTHORITY TO ADJOURN, THE REDEVELOPMENT AGENCY AND CITY COUNCIL TO CONTINUE JOINTLY 07/02/07 PAGE FOUR E. IOINT CITY/AGENCY ITEMS 1 . APPROVAL OF THE PURCHASE AND SALE AGREEMENT FOR THE SALE BY THE CITY AND ACQUISITION BY THE REDEVELOPMENT AGENCY OF PROPERTY LOCATED AT 850 W 10TH STREET MORE COMMONLY KNOWN AS THE CITY TRANSPORTATION YARD PROPERTY. RECOMMENDED ACTION: Approve the Purchase and Sale Agreement by and between the Redevelopment Agency of the City of Azusa ("RDA") and the City of Azusa providing for the purchase of the property located at 850 W. 10th Street by the RDA from City of Azusa and reimbursement by the RDA to the City of Azusa and to the Light Fund for acquisition costs as described here in. 2. REDEVELOPMENT AGENCY ADMINISTRATION/ADVANCE FROM THE CITY. RECOMMENDED ACTION: Approve Resolutions authorizing an advance of $1 ,285,490 from the City's General Fund to he Azusa Redevelopment Agency, Resolution No. 07-R21 (Agency) and Resolution No. 07-C (City), and authorize execution of the Note. THE REDEVELOPMENT AGENCY TO RECESS AND THE CITY COUNCIL TO CONTINUE F. 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 individua//y, it will be considered under SPEC/AL CALL ITEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF IUNE 18 2007 RECOMMENDED ACTION: Approve Minutes as written. 2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action r Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). 3. CITY TREASURER'S REPORT AS OF MAY 31 2007 RECOMMENDED ACTION: Receive and file report. 4. EXTENSION OF TERMS OF PROFESSIONAL SERVICES AGREEMENT WITH B/R PARTNERS. RECOMMENDED ACTION: Approve an amendment to the existing B/R Partners agreement, including extension to June 30, 2008, and authorize the Mayor to sign the amended agreement. 5. DISTRIBUTION OF FISCAL YEAR 2007-08 CAPITAL IMPROVEMENT PROGRAM AND BUDGET FOR COUNCIL REVIEW. RECOMMENDED ACTION: Review the proposed Capital Improvement Program (CIP) and budget for fiscal year 2007-08, and received and file. 6. APPROVAL OF PLACEMENT OF STOP SIGNS AT VARIOUS INTERSECTIONS. RECOMMENDED ACTION: Authorize staff to place stop signs at various intersections throughout the City. 07/02/07 PAGE FIVE a 7. LETTER OF SUPPORT FOR SENATE BILL 1028 - MOBILE SOURCE FAIR SHARE INITIATIVE. RECOMMENDED ACTION: Take a stance of support for the proposed Senate bill 1028 and authorize the Mayor, on behalf of the City to send a letter of support for the proposed Senate Bill. 8. SUPPLEMENTAL RETIREMENT PLAN FOR AZUSA MIDDLE MANAGEMENT ASSOCIATION (AM MA) AND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU). RECOMMENDED ACTION: This is an informational item only with no action required at this time. 9. WARRANTS. Resolution authorizing payment of warrants by the City. RECOMMENDED ACTION: Adopt Resolution No. 07-C� RECONVENE AS THE REDEVELOPMENT AGENCY G. AGENCY SCHEDULED ITEMS 1. TARGET STORE ENVIRONMENTAL IMPACT ANALYSIS SERVICES. RECOMMENDED ACTION: Approve Terry A. Hayes &Associates (TAHA) to provide environmental impact report consultant services in conjunction with the proposed Target store redevelopment project, and authorize the Executive Director to execute the City's standard professional services agreement in the amount of $90,925. H. 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 individuauy, it will be considered under SPECIAL CALL ITEMS I . APPROVAL OF MINUTES OF THE REGULAR MEETING OF JUNE 18, 2007. RECOMMENDED ACTION: Approve Minutes as written. 2. AGENCY TREASURER'S REPORT AS OF MAY 31,2007. RECOMMENDED ACTION: Receive and file the report. 3. MAKING A FINDING THAT PLANNING AND ADMINISTRATIVE EXPENSES MAY BE FUNDED FROM THE LOW-TO-MODERATE INCOME HOUSING FUND (20% SET ASIDE). RECOMMENDED ACTION: Adopt Resolution No. 07-R22, making a finding that the planning and administrative expenses to be funded from the low to-moderate income housing fund in fiscal year 2007/08 are necessary for the production, improvement or preservation of the community's supply of low and moderate income housing. 07/02/07 PAGE SIX r 4. WARRANTS. Resolution authorizing payment of warrants by the Agency. RECOMMENDED ACTION: Adopt Resolution No. 07-R23. I. ORDINANCES SPECIAL RESOLUTIONS 1. 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. RECOMMENDED ACTION: Waive further reading and adopt Ordinance No. 07-09. J. ADIOURNMENT 1. Adjourn. UPCOMING MEETINGS: July 16, 2007, City Council Meeting- 6:30 p.m. (Auditorium) July 23, 2007, Utility Board Meeting- 6:30 p.m. (L&W) August 6, 2007, City Council Meeting- 6:30 p.m. (Auditorium) September 4, 2007, City Council Meeting- 6:30 p.m. (Auditorium) In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting please contact the City Clerk at 626-812-5229. Notification three (3) workingdays prior to the meeting when special services are needed willassist staff in assuring that reasonable arrangements can be made to provide access to the meeting 07/02/07 PAGE SEVEN +;r � UJpF:g2� . I — C,4FOR�P- - AGENDA ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUCE COLEMAN, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT VIA: F.M. DELACH, CITY MANAGER,�rkJ DATE: JULY 2, 2007 SUBJECT: JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AND THE CITY OF AZUSA APPROVING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE THAT WOULD RESULT FROM THE PROPOSED ANNEXATION OF THE NORTH-EAST CORNER OF AZUSA AVENUE AND ARROW HIGHWAY (ANNEXATION 2005-44). RECOMMENDATION: Staff recommends that the City Council adopt the attached joint resolution approving the negotiated exchange of property tax revenue related to the proposed annexation of the north-east corner of Azusa Avenue and Arrow Highway. BACKGROUND: The City of Azusa has filed an application with the Los Angeles County Local Agency Formation Commission (LAFCO) to annex an unincorporated area consisting of approximately 5.7 acres of unincorporated territory located on the northeast corner of the intersection of Arrow Highway and Azusa Avenue. Upon receipt of an application, the LAFCO Executive Officer is required to notify any interested agencies that an application has been received. The Executive Officer must also notify the County Assessor and Auditor regarding the distribution of property taxes. Information from the Assessor and Auditor is used to commence negotiations regarding the distribution of property taxes. Pursuant to Section 99 of the Revenue and Taxation Code, the City and County are required to negotiate and determine the amount of property tax revenue to be exchanged between the affected agencies. C:\Temp�GWV-iewer,CC StaffReportjoint Reno PropT"Ezchange.doc Joint Resolution, Annexation 2005-44 July 2, 2007 Page 2of2 DISCUSSION The staff of the Chief Administrative Office (CAO) of the County of Los Angeles, and the City of Azusa staff have determined the amount of property tax revenue to be exchanged between their respective agencies should be as follows: 1 . The area within Annexation No. 2005-44 is currently within the jurisdiction of the Consolidated Fire Protection District and shall remain so and the Consolidated Fire Protection District shall continue to receive its share of the property tax revenues. 2. For fiscal years commencing on or after July 1, 2008, or the July 1 after the effective date of this jurisdictional change, whichever is later, Four Thousand, Eight Hundred and Thirty-Four Dollars ($4,834) in property tax revenue shall be transferred from the County of Los Angeles to the City of Azusa. In addition, for each fiscal year commencing on or after July 1 , 2008, or the July 1 after the effective date of this jurisdictional change,whichever is later, 0.177280155 percent of the annual property tax growth attributable to Annexation 2005-44 shall be transferred from the County of Los Angeles to the City of Azusa for Tax Rate Area 13543, and the County's share of incremental growth in the proposed annexation area shall be reduced accordingly. 3. For fiscal years commencing on or after July 1, 2008, or the July 1 after the effective date of this jurisdictional change, whichever is later, all property tax revenue received by Los Angeles County Library attributable to Annexation 2005-44 shall be transferred to the County of Los Angeles. FISCAL IMPACT: the above terms have been reviewed by the City Manager and Finance Director,and have been deemed .acceptable. The proposed tax rate to be shared with the City is commensurate with surrounding properties. ATTACHMENTS: Resolution Vicinity Map JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM THE ANNEXATION OF TERRITORY KNOWN AS ANNEXATION 2005-44 TO THE CITY OF AZUSA WHEREAS, pursuant to Section 99 of the Revenue and Taxation Code, for specified jurisdictional changes, the governing bodies of affected agencies shall negotiate and determine the amount of property tax revenue to be exchanged between the affected agencies; and WHEREAS, the area proposed for annexation is identified as Annexation 2005-44 and consists of approximately 5.7 acres of unincorporated territory located on the northeast corner of the intersection of Arrow Highway and Azusa Avenue; WHEREAS, the proposed annexation area is within the City of Azusa's West End Redevlopment project area; and WHEREAS, the Board of Supervisors of the County of Los Angeles, as governing body of the County, and the City-Council of the City of Azusa, have determined the amount of property tax revenue to be exchanged between their respective agencies as a result of the annexation of unincorporated territory identified as Annexation 2005-44 to the City of Azusa, is as set forth below: NOW, THEREFORE, BE IT RESOLVED as follows: 1. The negotiated exchange of property tax revenue between the County of Los Angeles and the City of Azusa, resulting from Annexation 2005-44 is approved and accepted. 2. The area within Annexation No. 2005-44 is currently within the jurisdiction of the Consolidated Fire Protection District and shall remain so and the Consolidated Fire Protection District shall continue to receive its share of the property tax revenues. 3. For fiscal years commencing on or after July 1, 2008, or the July 1 after.the effective date of this jurisdictional change, whichever is later, Four Thousand, Eight Hundred and Thirty-Four Dollars ($4,834) in property tax revenue shall be transferred from the County of Los Angeles to the City of Azusa. In addition, for each fiscal year commencing on or after July 1, 2008, or the July 1 after the effective date of this jurisdictional change, whichever is later, 0.177280155 percent of the annual property tax growth attributable to Annexation 2005-44 shall be transferred from the County of Los Angeles to the City of Azusa for Tax Rate Area 13543, and the County's share of incremental growth in the proposed annexation area shall be reduced accordingly. 4. For fiscal years commencing on or after July 1, 2008, or the July 1 after the effective date of this jurisdictional change, whichever is later, all property tax revenue Azusa Draft TTR.DOC Joint Resolution City of Azusa —Annexation 2005-44 Page 2 of 3 received by Los Angeles County Library attributable to Annexation 2005-44 shall be transferred to the County of Los Angeles. PASSED, APPROVED AND ADOPTED this day of 2007 by the following vote: AYES: ABSENT: NOES: ABSTAIN: Mayor, City of Azusa ATTEST: City Clerk I The foregoing resolution was on the day of 2007, adopted by the Board of Supervisors of the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts. SACHI A. HAMAI, Executive Officer Clerk of the Board of Supervisors of the County of Los Angeles By Deputy Joint Resolution City of Azusa —Annexation 2005-44 Page 3 of 3 APPROVED AS TO FORM BY COUNTY COUNSEL RAYMOND G. FORTNER, JR. By Deputy / / / / / / / / / / / VSf Zv do -UlD alll 01 -V-V-5003 'oN NOI,LVXE[NNV NOISIAIQ DXR fJgKlOMa VSIIZV do IUID y 00 Np� I NNS y m n c m b E.\\ o r -VE 0 gw NyN rN N �' qJ F� g Le ON NOLLdXaKNY kTdZHJLIOS 6aspanog ssnzi* l0 6ig) r 6 01-B Od 'jog EK P •\\\ sem io-L cm7 ATA v \\ O U y •\\ I V U \ \ x N EO'-""' O U o � ZZ oao II m z F z E7-i {W{�� pZp,, N m i 4z0 a I I 5AV NOSm In I N \\ (aRNa[LV VSR �� o e 6E AVMHJIH ivis . 4H 9 1��iSd ios sa ON ROLLI mLNFLLL �� AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL �/y� FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER/ _ VIA: F.M. DELACH, CITY MANAGER* DATE: July 2, 2007 SU3JECT: Consideration of the Architectural Barriers Commission's (ABC) Proposed Parking Lot Retrofit RECOMMENDATION It is recommended that the City Council consider the Architectural Barriers Commission's proposed parking lot retrofit/design and issue direction to Staff. BACKGROUND On April 17, 2007 the Architectural Barriers Commission addressed a letter to the City Council requesting consideration to designate two (2) handicapped parking spaces on the parking lot north of the auditorium. The Commission referenced section 4.6.2 of the American with Disabilities Act; "Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance." After reviewing the request with the Engineering &Street Division, on May 17, 2007 staff presented 5 alternative designs for the council's consideration. Per the council's request, retrofit design alternatives were presented to the Architectural Barriers Commission on June 19, 2007. The Commission recommended the following retrofit: Removal of planters on the northeast & western extremities of the parking lot. After further review it was determined not feasible to remove planter on northwest corner. ABC request parking spaces to be located on the north side of the lot. Retrofit will add one (1) additional parking space to the lot. Note: One of the currently assigned parking spaces will have to be forfeited to allow 2 handicapped parking spaces with proposed retrofit. We have considered various retrofit designs and have concluded that there is not a .reasonable cost effective retrofit to the existing parking lot that will add the recommended 2 additional parking spaces. Our Building Official has indicated per code; the referenced lot only requires one (1) handicapped parking space. FISCAL IMPACT Per Council's direction, Public Works crew will complete the retrofit. Estimated cost of engineering/construction is$10,000. Attachments: Proposed Parking Lot DesiRWLavout m% M rl • rl 3 z Q Em < H m ty MAYOR'S D PARKING a zz r- 70 r ri m -i £ a -` z xd �m b a� 3 N v O rq x y < b 0 a O Ni z "C-) � - z m r M ti Z M m x l A rri ti -a Z Z � d r. ❑ a v -a r �z y r K� xN z 0 mG m;o rrn z x d D /'0 r1 D A £ CONSTRUCT CURB M 3 EXIST. SIDEWALK z M Z za.ri m z DALTON AVE, D z m Z r-. IOINT CITY/APFA/AGENCY ITEM TO: THE HONORABLE MAYOR/CHAIRPERSON AND COUNCIL MEMBERS/MEMBERS OF THE BOARD FROM: ALAN KREIMEIER, ADMINISTRATIVE SERVICES DIRECTOR-CHIEF FINANCIAL OFFICER BRUCE A. COLEMAN, ECONOMIC AND COMMUNITYDEVELOPMENTDIRECTOR VIA: F.M. DELACH, CITY MANAGER/EXECUTIVE DIRECTOR k1kq DATE: JULY 2, 2007 `p SUBJECT: APPROVAL OF ISSUANCE OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AMENDED AND RESTATED MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA TAXABLE TAX ALLOCATION BONDS, 2007 SERIES A, AND TAX-EXEMPT TAX ALLOCATION BONDS, 2007 SERIES B; AND DEBT FINANCING DOCUMENTATION ASSOCIATED WITH THE PROPOSED BONDS RECOMMENDATION It is recommended that the City Council/APFA/Agency Board approve the attached Resolutions authorizing: a) A Resolution of the City Council of the City of Azusa, California, Approving the Financing of Amended and Restated Merged Central Business District and West End Redevelopment Project Area by the Redevelopment Agency of the City of Azusa and Other Matters Relating Thereto; b) A Resolution of the Azusa Public Financing Authority, Approving the Purchase and Resale of Bonds of the Redevelopment Agency of the City of Azusa, Approving a Form of Purchase Agreement and Certain Other Matters Relating Thereto; and c) A Resolution of the Redevelopment Agency of the City of Azusa Approving the Issuance of its Amended and Restated Merged Central Business District and West End Redevelopment Project Area Tax Allocation Bonds, Approving Trust Indentures, an Escrow Agreement, an Official Statement, a Purchase Agreement, Setting the Maximum Final Terms of the Sale of the Bonds and Making Certain Determinations Relating Thereto. BACKGROUND On December 4, 2006, the Agency Board decided to initiate the process to issue tax allocation bonds for various redevelopment projects in which the Agency has been actively involved, and selected C.M. de Crinis &Co., Inc., as financial advisor. Additionally, using Redevelopment signatory authority, staff selected Best Best &Krieger to provide Bond and Disclosure Counsel services, and HdL to provide a thorough fiscal analysis of the Agency's projected revenue stream and operating budget to determine the amount of bonds that the Agency can responsibly issue. Page 2 July 2, 2007 The Honorable Mayor/Chairperson And Council Members/Members of the Board Re: Approval of Issuance of the Redevelopment Agency of the City of Azusa Amended and Restated Merged Central Business District and West End Redevelopment Project Area Taxable Tax Allocation Bonds,2007 Series A.and Tax-Exempt Tax Allocation Bonds,2007 Series B:and Debt Financing Documentation Associated with the Proposed Bonds After review of the financial data and with the guidance of the Financial Advisor, C.M. De Crinis &Co., staff recommends issuing two series of bonds. The 2007 Series A Bonds would be taxable new money bonds in an amount not-to-exceed $18.OM and to net a minimum of $15 million in capital project proceeds, of which $10.218 million would be paid back to the City. Issuing taxable bonds will allow the Agency to reimburse the City's $10.218 million short-term loan and fund private activity projects. The Series A Bonds will be subordinate to the Agency's 2003 and 2005 Tax Allocation Bonds, insured and rated. The second 2007 Series B bonds not-to-exceed $6.OM would refund the Agency's 1997 Tax Allocation Bonds, of which $4,935,000 is currently outstanding, and would be tax exempt. The 2007 Series B Bonds will be subordinate to the 2007 Series A taxable bonds, uninsured and unrated. Although the 2007 Series B Bonds are estimated to provide some net present value savings, the primary benefit is to maintain level debt service on all series of bonds and to lower the interest cost of the debt. The new bonds will not exceed an aggregate principal amount of $24,000,000, and the interest rate will not exceed 6.5% interest on the taxable Series A Bonds, and 5.5% on the tax exempt Series B Bonds.. The final maturity of the bonds will be in 2036. An investment banking firm/underwriter is required to sell the bonds. In addition, the investment banking firm can provide assistance to the Agency by recommending a bond structure, given the credit characteristics of the Project Areas and the existing debt outstanding. The Agency's financial advisor and staff prepared and distributed a formal RFP, receiving proposals from five respondents which included UBS, De LA Rosa &Co., Citi, Bank of America and Stone &Youngberg. The proposals were reviewed by the financial advisor and Agency staff and are summarized below. Cost per Bond Certificate Respondent Recommended Structure Experience with taxable debt Other Comments Per$1,000 De la Rosa& Refund 1997 bonds,use 9 completed 2 in progress Structure met the Agency's Insured: $6.75 Co. senior/subordinate structure cash needs.Thorough Non-Rated: $9.00 for new money response with good recommendations Stone& Refund 1997 and some of 52 total,25 taxable Tax Allocation Structure met Agency's Insured: $9.45 Non-Rated: $12.75 Youngberg 2005 bonds. Use senior Bonds cash needs.Thorough /subordinate structure for new response with good money recommendations. Bank of Senior/subordinate structure 2 completed 1 In progress Structure did not meet Insured: $4.286 America for new monev Agency's cash needs Non-Rated: $16.036 UBS Financial Escrow and non-escrow new 1 California transaction in the past 3 Structure did not meet the - Insured: $4.50- Services money,refund 1997 and years Agency's cash needs Non-Rated: $8.00 2003 bonds Cltl Refund 1997 and Issue 24 Issues Structure did not meet the Insured&Non-Rated: E5.846 senior/subordinate bonds for Agency's cash needs new money Although all respondents are competent professionals, De La Rosa &Co. was selected for the following reasons: 1) Their proposal was thorough and thoughtful. Their recommendation met the Agency's needs. 2) Their experience in selling taxable bonds is sufficient to demonstrate their capability. 3) Their fee proposal was the lowest for firms that met the Agency's cash needs. The proposal provided by De La Rosa is_Co. is attached as "Exhibit J". Page 3 July 2,2007 The Honorable Mayor/Chairperson And Council Members/Members of the Board Re: Approval of Issuance of the Redevelopment Agency of the City of Azusa Amended and Restated Merged Central Business District and West End Redevelopment Project Area Taxable Tax Allocation Bonds, 2007 Series A,and Tax-Exempt Tax Allocation Bonds, 2007 Series B:and Debt Financing Documentation Associated with the Proposed Bonds The three Resolutions will effectuate the approval by the City/APF)VAgency of the issuance of the 2007 Tax Allocation Bonds, Series A and Series B, and the requisite bond documents. The documents to be approved by the Resolution and attached herewith are as follows: 1. Preliminary Official Statement with Continuing Disclosure Certificate, Fiscal Consultant's Report, and Form of the 2007 Tax Allocation Bonds, Series A and Series B 2. Trust Indenture Relating to the 2007 Tax Allocation Bonds, Series A 3. Trust Indenture Relating to the 2007 Tax Allocation Bonds, Series B 4. Bond Purchase Agreement 5. Escrow Deposit and Trust Agreement, 1997 Bonds FISCAL IMPACT Issuance of these bonds will provide funding to repay the City's $10.218M short-term Joan to the Agency, pay all issuance and underwriter costs associated with the bonds, and fund various other redevelopment projects, including but not limited to Downtown improvements, infrastructure and public works projects, and economic development projects. Debt service to pay these bonds will increase Agency obligations by about $1.4M annually, but is still within the debt coverage and bonded indebtedness limits of the Agency. The first debt service payment for this issue would not be due until February 1, 2008. These bond proceeds have not been budgeted in FY 2007/08. Prepared by: Roseanna J. Jara, Sr. Accountant-Redevelopment AK:BAC:Rjj/cs Attached Exhibits: - A) A Resolution of the City Council of the City of Azusa,California,Approving the Financing of Amended and Restated Merged Central Business District and West End Redevelopment Project Area by the Redevelopment Agency of the City of Azusa and Other Matters Relating Thereto B) A Resolution of the Azusa Public Financing Authority,Approving the Purchase and Resale of Bonds of the Redevelopment!Agency of the City of Azusa,Approving a Form of Purchase Agreement and Certain Other Matters Relating Thereto C) A Resolution of the Redevelopment Agency of the City of Azusa Approving the Issuance of Its Amended and Restated Merged Central Business District and West End Redevelopment Project Area Tax Allocation Bonds,Approving Fifth Supplement to Trust Indentures,an Official Statement,a Purchase Agreement,Setting the Maximum Final Terms of the Sale of the Bonds and Making Certain Determinations Relating Thereto D) Preliminary Official Statement with Continuing Disclosure Certificate and Form of 2007 Bonds E) Fiscal Consultant's Report F) Trust Indenture Relating to the 2007 Series A Bonds G) Trust Indenture Relating to the 2007 Series B Bonds H) Bond Purchase Agreement 1) Escrow Deposit and Trust Agreement, 1997 Bonds J) De La Rosa&Co. (Underwriter)Proposal U:\WPR0gC0R1r5POIB0NDS2(x)7 BondsWnOer tu_Apmisuanceoo ite Rev2.doc EXHIBIT A RESOLUTION NO. A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING THE FINANCING OF AMENDED AND RESTATED MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA BY THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND OTHER MATTERS RELATING THERETO WHEREAS, the Redevelopment Agency of the City of Azusa (the."Agency") is authorized pursuant to Part 1 of Division 24 of the California Health and Safety Code (the "Act") to issue bonds for any of its corporate purposes; and WHEREAS, the Agency, in connection with its Amended and Restated Merged Central Business District and West End Redevelopment Project Area (the "Project"), has indicated its intention to issue Redevelopment Agency of the City of Azusa Amended and Restated Merged Central Business District and West End Redevelopment Project Area Taxable Tax Allocation Bonds (Subordinate Lien), 2007 Series A (the "Series A Bonds") in an aggregate principal amount not to exceed $18,000,000 and its Tax Allocation Bonds (Second Subordinate Lien) 2007 Series B Bonds in an aggregate principal amount not to exceed $6,000,000 (the "Series B Bonds," collectively with the Series A Bonds, the `Bonds"), the proceeds of which will be used to finance the Project; and WHEREAS, Section 33640 of the Act requires the Agency to obtain the approval of the City Council of the City of Azusa prior to issuance of the Bonds; and WHEREAS, the City Council approves of the issuance of the Bonds as being in the public interests of the City of Azusa and of the Agency. . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE,DETERMINE AND ORDER AS FOLLOWS: Section 1. Approval of Financing. This City Council hereby approves the financing of a portion of the Project by means of the issuance of the Bonds in an amount not to exceed $18,000,000 for the Series A Bonds and $6,000,000 for the Series B Bonds pursuant to provisions of the Act, all subject to the requirements of the Act. Section 2. Purpose. The proceeds of the Series A Bonds shall be used to finance a portion of the Project. Proceeds from the Series B Bonds will be used to refund the Agency's outstanding Redevelopment Agency of the City of Azusa Merged Project Area Tax Allocation Bonds, 1997 Series A. RVPUB\MSHAHV34044A 1 Section 3. Effective Date. This Resolution shall take effect immediately upon adoption. PASSED, APPROVED and ADOPTED this 2nd day of July, 2007. Joseph R. Rocha,Mayor I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City of Azusa at a regular meeting thereof, held on the 2"a day of July, 2007. AYES: COUNCIL MEMBERS: . NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: City Clerk RVPUBWSHAH\734044. 1 2 EXHIBIT B RESOLUTION NO. PFA A RESOLUTION OF THE AZUSA PUBLIC FINANCING AUTHORITY, APPROVING THE PURCHASE AND RESALE OF BONDS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, APPROVING A FORM OF PURCHASE AGREEMENT AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, the City of Azusa (the "City") and the Redevelopment Agency of the City of Azusa (the "Agency") entered into a Joint Exercise of Powers Agreement (the "Agreement"), creating the Azusa Public Financing Authority(the"Authority"); and WHEREAS,pursuant to the Marks-Roos Local Bond Pooling Act of 1985 (the"Act") the Authority is authorized to purchase bonds issued by the Agency for financing and refinancing public capital improvements; and WHEREAS, pursuant to the Act and the Agreement the Authority is further authorized to sell bonds to the public or private purchasers at public or negotiated sale; and WHEREAS, the Authority desires to purchase from the Agency its Redevelopment Agency of the City of Azusa Amended and Restated Merged Central Business District and West End Redevelopment Project Area Taxable Tax Allocation Bonds (Subordinate Lien), 2007 Series A (the "Series A Bonds") in an aggregate principal amount not to exceed $18,000,000 and its Tax Allocation Bonds (Second.Subordinate Lien) 2007 Series B Bonds in an aggregate principal amount not to exceed $6,000,000 (the "Series B Bonds," collectively with the Series A Bonds, the "Bonds"), solely from the proceeds received for the Authority's concurrent sale of the Bonds to De La Rosa & Co. (the "Underwriter") pursuant to the Purchase Agreement (the "Purchase Agreement") by and among the Agency,the Authority and the Underwriter; and WHEREAS, the Board of Directors, with the aid of its staff, has reviewed the Purchase Agreement and wishes to approve and confirm the foregoing, as well as the other matters set forth below, in the public interests of, and for significant public benefits to, the Agency and the City; NOW, THEREFORE, THE AZUSA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Board hereby authorizes the purchase of the Bonds by the Authority from the Agency for concurrent resale by the Authority to the Underwriter pursuant to and in accordance with the Purchase Agreement in substantially the form on file with the Secretary together with any additions thereto or changes therein approved by the Executive Director, including any modifications necessary to implement the private placement of all or a portion of the bonds, and the execution thereof shall be conclusive evidence of such approval. The Authority hereby delegates to the Executive Director (or his written designee) the authority to accept an offer from the Underwriter to purchase the Bonds from the Authority; provided, however, that (a) the maximum yield payable with respect to the Series A Bonds shall not exceed six and five tenths percent (6.5%) per annum, and the purchase price paid by the Underwriter for the purchase of the Series A Bonds of the Bonds shall be not less than ninety-nine and three RVI'MMSHAM734034.1 1 hundredths and twenty-fifth tenths percent (99.325%) of the par amount thereof, excluding any original issue discount on the applicable Series A Bonds of the Bonds and (b) the maximum yield payable with respect to the Series B Bonds shall not exceed five and five tenths percent (5.5%) per annum, and the purchase price paid by the Underwriter for the purchase of the Series B Bonds shall be not less than ninety eight and eight tenths percent (98.8%) of the par amount thereof, excluding any original issue discount on the applicable series of the Bonds. Section 2. The Chairperson, the Executive Director, the Treasurer, the Secretary and the General Counsel of the Authority and any and all other officers of the Authority are hereby authorized and directed; for and in the name and on behalf of the Authority, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisition, agreements, notices, consents, and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the sale, .issuance and delivery of the Bonds to the Underwriter pursuant to the Purchase Agreement. Any officer of the Authority herein authorized or directed to take any action may designate another officer of the Authority to take such action on his or her behaif, such designation to b�-approved or ratified in writing with respect to the taking of the applicable action. Section 4. This resolution shall take effect from and after its adoption. PASSED, APPROVED, and ADOPTED this 2nd day of July, 2007. Joseph R. Rocha, Chairman I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Azusa Public Financing Authority of the City of Azusa at a regular meeting held on the 2A day of July, 2007. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary RV PUB\MSHAHV 34034.1 2 STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, Vera Mendoza, Secretary of the Azusa Public Financing Authority, DO HEREBY CERTIFY that the foregoing Resolution was duly passed, approved, and adopted by the Azusa Public Financing Authority, at a regular meeting of said Public Financing Authority held on the 2nd day of July, 2007. Executed this day of 2007 at Azusa, California. Vera Mendoza, Secretary RVPUB\MSHAH\734034.1 3 EXHIBIT C RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING THE ISSUANCE OF ITS AMENDED AND RESTATED MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA TAX ALLOCATION BONDS, APPROVING TRUST INDENTURES, AN ESCROW AGREEMENT AN OFFICIAL STATEMENT, A PURCHASE AGREEMENT, SETTING THE MAXIMUM FINAL TERMS OF THE SALE OF THE BONDS AND MAKING CERTAIN DETERMINATIONS RELATING THERETO WHEREAS, the Redevelopment Agency of the City of Azusa(the "Agency") is a redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law, being Part I of Division 24 of the Health and Safety Code of the State of California, and the powers of the Agency include the power to issue bonds for any of its corporate purposes; and WHEREAS, a redevelopment plan for a redevelopment project known as the Amended and Restated Merged Central Business District and West End Redevelopment Project Area (the "Merged Project") has been adopted, amended and approved and all requirements of law for, and precedent to, the adoption and approval of said plan have been duly complied with; and WHEREAS, the Agency proposes to issue its Amended and Restated Merged Central Business District and West End Redevelopment Project Area Taxable Tax Allocation Bonds (Subordinate Lien), 2007 Series A (the "Series A Bonds") in an aggregate principal amount not to exceed $18,000,000 and its Tax Allocation Bonds (Second Subordinate Lien) 2007 Series B Bonds in an aggregate principal amount not to exceed $6,000,000 (the "Series B Bonds," collectively with the Series A Bonds, the "Bonds"); and WHEREAS, the proceeds of the Series A Bonds will be used to finance a portion of the Project and such Series A Bonds will be secured from tax increment revenues of the Merged Project on a subordinate basis to currently outstanding obligations of the Agency; and WHEREAS, the proceeds of the Series B Bonds will be used to refund the Agency's Redevelopment Agency of the City of Azusa Merged Project Area Tax Allocation Bonds 1997 Series B (the "1997 Bonds") and such Series B Bonds will be secured from tax revenues of the Merged Project on a subordinate basis to currently outstanding obligations of the Agency and the Series A Bonds; and WHEREAS, there has been presented at this meeting an Escrow Deposit and Trust Agreement (the "Escrow Agreement") between the Agency and Wells Fargo Bank, National Association, as escrow bank, providing for the refunding of the 1997 Bonds; and WHEREAS, there has been presented at this meeting a form of the Trust Indentures for each series of Bonds providing for the issuance of the Bonds; and RVPU13\MSHAH\734036.1 I WHEREAS, the Agency proposes to sell the Bonds to the Azusa Public Financing Authority (the "Authority") which will concurrently sell the Bonds to De La Rosa & Co., as purchaser of the Bonds (the "Underwriter"), all on the terms and conditions herein set forth and as provided in the Purchase Agreement(the"Purchase Agreement") on file with the Secretary; WHEREAS, the Agency, with the assistance of C.M. de Crinis & Co., Inc. (the "Financing Consultant"), and Best Best & Krieger LLP, Disclosure Counsel, has caused to be prepared an Official Statement describing the Bonds, the preliminary form of which is on file with the Secretary(the"Official Statement"); and WHEREAS, the Agency, with the aid of its staff has reviewed the Indentures, the Purchase Agreement and the Official Statement and the Agency wishes at this time to approve the foregoing in the public interests of the Agency. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. _Approval of Issuance of Bonds. The issuance of not to exceed $18,000,000 in principal amount of the Series A Bonds, in order to provide a portion of the moneys required to finance a portion of the Amended and Restated Central Business District and West End Redevelopment Project Area and $6,000,000 in principal amount of the Series B Bonds are hereby authorized and approved. Section 2. Indenture. The form of Trust Indentures, for the Series A Bonds and the Series B Bonds and between the Agency and Wells Fargo Bank, National Association, as trustee (the "Indentures"), presented at this meeting are hereby approved and the Chairperson, the Executive Director/Secretary or the Treasurer is and each of them are hereby authorized and directed, for and in the name of and on behalf of the Agency, to execute, acknowledge and deliver the Indentures in substantially the form presented at this meeting with such changes therein as the officers executing the same may approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 3. _Appointment of Trustee. Wells Fargo Bank, National Association is hereby appointed as Trustee pursuant to the Indentures, to take any and all action provided for therein to be taken by the Trustee. Section 4. Escrow Agreement. The form of the Escrow Agreement presented at this meeting are hereby approved and the chairperson, the Executive Director/Secretary or the Treasurer is and each of them are hereby authorized and directed, for and in the name of and on behalf of the Agency to execute, acknowledge and deliver the Escrow Agreement in substantially the form presented at this meeting with such changes therein as the officer's executing the same may approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 5. Official Statement. The form of Preliminary Official Statement relating to the Bonds and presented at this meeting is hereby approved. The preparation of a Final Official Statement relating to the Bonds is hereby approved and the Chairperson, the Executive Director/Secretary or the Treasurer is and each of them are hereby authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver a Final Official RVPUB\MSHAH\734036.1 2 Statement containing such changes from the Preliminary Official Statement as may be approved by the Chairperson, the Executive Director/Secretary, the Treasurer, Bond Counsel and/or the Agency Counsel, and the distribution of such Preliminary and Final Official Statements in connection with the sale of the Bonds is hereby authorized. The Chairperson, the Executive Director/Secretary or the Treasurer is and each of them are also authorized and directed to deem the Preliminary Official Statement final within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934 (the "Rule"), omitting only such information as is permitted under such Rule, and to execute an appropriate certificate stating the Agency's determination that the Preliminary Official Statement has been deemed final within the meaning of such Rule. The Executive Director/Secretary or the Treasurer is authorized to execute such continuing disclosure obligation as may be necessary to comply with Rule 15c2-12. Section 6. Form of Bonds. The forms of each series of the Bonds as set forth in the respective Indenture as presented to this meeting are hereby approved and the Chairperson or the Vice Chairperson and the Secretary or any Assistant Secretary are hereby authorized and directed to execute by manual or facsimile signature, in the name and on behalf of the Agency and under its seal, such Bonds in either temporary and/or definitive form in the aggregate principal amount set forth in each respective Indenture and all in accordance with the terms and provisions of the Indenture. Section 7. Sale of the Bonds. The Agency hereby authorizes the sale of the Series A Bonds and the Series B Bonds to the Authority for concurrent resale by the Authority to the Underwriter pursuant to and in accordance with the Purchase Agreement in substantially the form on file with the Secretary together with any additions thereto or changes therein approved by the Executive Director, including any modifications necessary to implement the private placement of all or a portion of the Bonds and the payment of allocable placement agency fees, and the execution thereof shall be conclusive evidence of such approval. The Agency hereby delegates to the Executive Director (or the written designee thereof) the authority to accept an offer from the Underwriter to purchase the Bonds from the Authority and to execute the Purchase Agreement for and in the name and on behalf of the Agency; provided, however, that (a) the maximum yield payable with respect to the Series A Bonds shall not exceed six and five tenths percent (6.5%) per annum, and the purchase price paid by the Underwriter for the purchase of the Series A Bonds of the Bonds shall be not less than ninety-nine and three hundredths and twenty-fifth tenths percent (99.325%) of the par amount thereof, excluding any original issue discount on the applicable Series A Bonds of the Bonds and (b) the maximum yield payable with respect to the Series B Bonds shall not exceed five and five tenths percent (5.5%) per annum, and the purchase price paid by the Underwriter for the purchase of the Series B Bonds shall be not less than ninety eight and eight tenths percent (98.8%) of the par amount thereof, excluding any original issue discount on the.applicable series of the Bonds. Section 8. Credit Rating and Bond Insurance Expenses. The Agency staff and its consultants for the Bonds are hereby authorized and directed to make application to one or more credit rating agencies for assignment of a credit rating to the Bonds or to one or more insurance companies for bond insurance with respect to the Bonds, or both (as the Financing Consultant shall recommend), and the Agency shall pay expenses incident to any such application or shall reimburse the Financing Consultant for any advance of such expenses, such reimbursement to be made to the Financing Consultant not more than thirty (30) days following RVPUB\MSHAHV 34036.1 3 the date of any such advance (all expenses ultimately to be reimbursed to the Agency from the proceeds of the Bonds). Section 9. Official Action. The Chairperson, the Vice-Chairperson, the Executive Director, Assistant Executive Director, the Agency Treasurer, the Secretary, the Assistant Secretary, the Agency General Counsel and any and all other officers of the Agency are hereby authorized and directed, for and in the name and on behalf of the Agency, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, including, without limitation, requisitions for the payment Of costs of issuance of the Bonds, agreements, including, without limitation, agreements providing for investment of proceeds of the Bonds, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the issuance, sale and delivery of the Bonds. Any officer of the Agency herein authorized or directed to take any action may designate another officer of the Agency to take such action on his or her behalf, such designation to be approved or ratified in writing with respect to the taking of the applicable action. Section 10. Effective Date. This Resolution shall take effect upon adoption. PASSED, APPROVED AND ADOPTED this 2nd day of July, 2007. Joseph R. Rocha, Chairperson I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting held on the 2"d day of July, 2007. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary RVPUBNSHAH\734036.1 4 4 i C,Cff'OR�P CITY/AGENCY IOINT AGENDA ITEM TO: THE HONORABLE MAYOR/CHAIRMAN AND MEMBERS OF THE CITY C1 COUNCIUAGENCY MEMBER J S FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F. M. DELACH, CITY MANAGER/EXECUTIVE DIRECTOR DATE: JULY 2, 2007 SUBJECT: APPROVAL OF THE PURCHASE AND SALE AGREEMENT FOR THE SALE BY THE CITYAND ACQUISITION BY THE REDEVELOPMENT AGENCY OF PROPERTY LOCATED AT 850 W. 10"' STREET MORE COMMONLY KNOWN AS THE CITY TRANSPORTATION YARD PROPERTY RECOMMENDATION It is recommended that the City Council approve the attached Purchase and Sale Agreement by and between the Redevelopment Agency of the City of.Azusa ("RDA") and the City of Azusa providing for the purchase of the property located at 850 W. 10th Street by the RDA from City of Azusa and reimbursement by the RDA to the City of Azusa and to the Light Fund for acquisition costs as described here in. BACKGROUND In June 1993, the City of Azusa purchased the real property located at 850 W. 10th Street from Wynn Trust &Dyer Trust for a total purchase price of $828,000. The City purchased the property with funds borrowed from the Light Fund. The property, commonly known as the "City Transportation Yard", is located in the Merged Redevelopment Project Area of the City of Azusa. The subject property is located at the Southwest Corner of 10th Street and Vernon Avenue and is approximately 82,764 sq. ft. (1.9 acres). The site is improved with a 5000 sq.ft. maintenance building, is paved with asphalt and secured with a chain link fence throughout. The Agency desires to purchase the City Transportation Yard property and City desires to sell the property on the terms and conditions and for the consideration set forth in the attached Purchase and Sale Agreement. To date, the Light Fund has not been reimbursed by the City. The Redevelopment Agency is assuming the City's obligation to repay the funds borrowed from the Light Fund used to purchase the Property in 1993. In late 2006 and early 2007, the Agency purchased several properties as part of the land assembly effort in connection with the Downtown North and proposed Target projects. As part of the acquisition process the Agency settled with a number of businesses affected by the acquisition, which included land acquisition, relocation, and business goodwill payments. During the acquisition and negotiation phase, some of the businesses expressed interest to remain in the City of Azusa. The City and the Agency both Honorable Mayor/Chairman and Members of the City Council/Agency Member I&&Vernon City Property to Agency July 2, 2007 Page 2 of 2 recognize the benefits provided to the community by retaining businesses that have been a part of the community for a long period of time. Retaining the jobs and sales tax associated with these small businesses is an important part of the City and Agency's effort to revitalize this part of the community. job retention and creation are vital elements of any successful economic development program. Recognizing the value of these businesses and their desire to remain in the city, the Agency proposes to subdivide the subject property in the near future and potentially relocate some of these businesses to the property. TERMS FOR CONVEYANCE and PURCHASE AND SALE AGREEMENT The Agreement provides for reimbursement by the Redevelopment Agency to the City of Azusa in the amount of$1,615,877 for the purchase price, payable by a promissory note secured by a deed of trust. The purchase price is reflective of the City's acquisition price of$828,000 plus 5%simple interest over a 30 year term. The first payment would be due at year 15 with annual payments amortized over a period of 30 years culminating in a balloon payment at the close of the 30 year note. FISCAL IMPACT: The fiscal impact for this action includes the cost of staff time and minimal legal fees for the preparation of the purchase agreement,which will be paid from the 10'Street Property—Transportation Site budget #80-10-135-000-6301-RD003. There will be no cost to the City for the sale of the property. The proceeds from the sale of the Property will enable the City to repay the funds borrowed from the Light Fund used to purchase the Property in 1993. Under the agreement structure, the City will earn interest over the term of the agreement. Prepared by S. Benavides Attachments: 1) Resolution 2) Purchase and Sale Agreement BAC: SB : RESOLUTION NO. A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AND THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF AZUSA AND THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA FOR THE SALE AND ACQUISITION OF REAL PROPERTY LOCATED 850 WEST 10TH STREET IN THE CITY OF AZUSA WHEREAS, the City of Azusa (the "City") owns certain real property (the "Property") located at 850 West 10`h Street as described in a purchase and sale agreement ("Agreement") attached hereto as Exhibit 1 ; and WHEREAS, California Government Code Section 37350 authorizes the City to dispose of property for the common benefit; and WHEREAS, the Redevelopment Agency of the City of Azusa (the "Agency") has the authority to acquire real property pursuant to Health and Safety Code Section 33391 and 33334.2; and WHEREAS, the Agency desires to acquire the Property to assist it in the potential retention and relocation of businesses within the City who are or have been displaced; and WHEREAS, the Agency and City acknowledge and agree that the identification of suitable sites for the relocation of businesses and the retention of such businesses within the City is of benefit to the City, the Redevelopment Agency and the community of Azusa. WHEREAS, the City desires to sell and the Agency desires to buy the Property; and WHEREAS, the City and Agency have negotiated the Agreement, which sets forth the particulars of the transaction. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY AZUSA DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. The City Council and the Redevelopment Agency of the City of Azusa do hereby find that the sale by the City and the acquisition of this property by the Agency will assist the Agency in its business retention efforts and said efforts provide a common benefit to the City, Agency and community. Section 2. The City Council of the City of Azusa hereby approves the Purchase and Sale Agreement attached hereto as Exhibit 1 and authorizes the Mayor or his designee to execute said Agreement on behalf of the City and further authorizes the City Manager to take all other action necessary or desirable to carry out the Agreement. Section 3. The Redevelopment Agency of the City of Azusa hereby approves the Purchase and Sale Agreement attached hereto as Exhibit 1 and authorizes the Mayor or his designee to execute said Agreement on behalf of the Agency and further authorizes the Executive Director to take all other action necessary or desirable to carry out the Agreement. Section 4. That the City Clerk shall certify to the adoption of this resolution. Section 5. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 2nd day of July 2007. Mayor ATTEST: City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney City Manager AGREEMENT FOR PURCHASE AND SALE This AGREEMENT FOR PURCHASE AND SALE ("Agreement") is entered into by and between REDEVELOPMENT AGENCY. OF THE CITY OF AZUSA, a public body, corporate and politic("Buyer"), and THE CITY OF AZUSA, A municipal corporation("Seller"). Buyer and Seller are sometimes individually referred to herein as "Party" and collectively as "Parties." The Parties hereto have executed this Agreement on the dates set forth below next to their respective signatures. This Agreement shall be effective as of the date, following all legally required notices and hearings, this Agreement has been approved by Buyer's governing board or its delegated representative and signed by all Parties("Effective Date"). RECITALS A. Seller is the owner in fee of certain real property commonly described as 850 West Tenth Street bearing Assessor Parcel Number 8605-015-903, in the City of Azusa, County of Los Angeles, State of California,.and more fully described in EXHIBIT A attached hereto and incorporated herein by reference (the "Property"). The term "Property" as used herein shall . include, without limitation, all of Seller's right, title and interest in and to any and all improvements, fixtures, rights-of-way, utility rights, entitlements, claims or other benefits in any way connected with the Property. B. California Government Code Section 37350 authorizes Seller to dispose of the Property for the common benefit. Buyer desires to acquire the Property to assist it,in the potential retention and relocation of businesses within the City of Azusa ("Azusa") who are or have been displaced. Seller and Buyer acknowledge and agree that the identification of suitable sites for the relocation of businesses and the retention of businesses within Azusa is of benefit to Seller,Buyer and the community of Azusa. C. Buyer desires to purchase the Property from Seller and Seller desires to sell the Property to Buyer, upon the terms and provisions set forth herein. NOW, THEREFORE, in consideration of the above facts and for the covenants and agreements contained herein,the Parties hereto agree as follows: TERMS 1. PURCHASE AND SALE. 1.1 ProR Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller,upon the terms and provisions set forth herein. 1.2 Purchase Price. The total purchase price for the Property is One Million Six Hundred Fifteen Thousand Eight Hundred Seventy-Seven and 55/100 Dollars ($1,615,877.55)("Purchase Price'). RVI'UMI)GILSOM732973.3 1 1.3 Payment of Purchase Price. Buyer shall pay the Purchase Price to Seller by promissory note in substantially the same form as and with substantially the same payment provisions as set forth-in the Promissory Note'Secured by Deed of Trust attached hereto as EXHIBIT B and incorporated herein by reference("Note"). The Note shall be secured by a deed of trust recorded against the Property in substantially the same form as the Deed of Trust With Assignment of Rents attached hereto as EXHIBIT C and incorporated herein by reference ("Deed of Trust"). The Note and Deed of Trust shall be delivered by Buyer to Seller as provided in Section 2.2 herein. 1.4 Withholding Requirements per R&T 18662. The Parties acknowledge that Seller is a public entity and exempt from withholding requirements pursuant to California Revenue and Taxation Code Section 18662. Seller shall deliver to Buyer an appropriately completed and executed California Form 593-C evidencing such exemption. 2. DOCUMENTS. 2.1 No Escrow. There shall be no escrow established for the transaction contemplated in this Agreement. The parties will exchange documents and cause the Grant Deed (defined in Section 2.2 herein) and Deed of Trust to be recorded as provided in this Agreement. 2.2. Delivery/Exchange of Documents: Termination. On or before thirty (30) days following the Effective Date of this Agreement, Buyer shall deliver to Seller: (i) the Note executed by Buyer, (ii) the Deed of Trust, executed by Buyer, acknowledged by a notary public and in recordable form, and (iii) a California Form 593-C, completed and executed by Buyer:. Simultaneously with such delivery, Seller shall deliver to Buyer a grant deed conveying the Property to Buyer("Grant Deed")in substantially the same form as attached hereto as EXHIBIT D and incorporated herein by reference, executed by Seller, acknowledged by a notary public and in recordable form. Upon receipt of the Grant Deed, Buyer shall execute the Certificate of Acceptance attached thereto, acknowledging its acceptance of the Grant Deed and consent to recording of same, and shall complete a preliminary change of ownership report with respect to conveyance of the Property("PCOR"). In the event the Parties fail to exchange documents by the date provided in this Section 2.2 herein; then either Party may, after such date and prior to the exchange of documents, terminate this Agreement by giving notice, in writing, of such termination to the other Party. Upon such termination, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such notice of termination is received by a Party, then the Parties shall proceed with the exchange and recording of documents as provided in this Agreement as soon as possible. 2.3 Recording of Documents. Within five (5) business days following delivery of documents as described in Section 2.1 herein, Buyer and Seller shall cause the Grant Deed_ with Certificate of Acceptance affixed thereto and the Deed of Trust to be recorded in Official Records of Los Angeles County, California, and shall submit the PCOR to the Los Angeles County Recorder along with the Grant Deed. RVPUME)GIISONW32973.3 2 3. REPRESENTATIONS AND WARRANTIES: CONDITION OF PROPERTY 3.1 Hazardous Substances. Seller is aware of its obligation under California Health and Safety Code Section 25359.7 to disclose to Buyer any knowledge it may have regarding any release of "Hazardous Substances" (as defined in any state, federal or local statute, ordinances,rules or regulation applicable to the Property)that has come to be located on or beneath the Property. Seller hereby represents and wan-ants to Buyer that to the best of Seller's knowledge, information and belief (i) the Property and any contiguous real property owned by Seller is not in violation of any federal, state or local statute, regulation or ordinance relating to environmental conditions on, under or about the Property, and (ii) neither Seller nor any other person or predecessor in interest has used, generated,manufactured, stored or disposed of on, under or about the Property or transported to or from the Property any Hazardous Substances excepting for and with respect to the following: 3.1.1 Underground Storage Tanks. Jn that certain Purchase and Sale Agreement dated June 23, 1993 between Seller and Linda D. Wynn, as Trustee of the Linda D. Wynn Trust UDT November 8, 1989, and Robert R. Dyer, Trustee of the Robert R. Dyer Trust UDT November 8, 1989 ("Wynn/Dyer"),under which Seller acquired the Property, Wynn/Dyer represented and warranted Seller that Wynn/Dyer was aware that an underground fuel tank was removed on or about April 17, 1990, and that all appropriate inspections, testing and clearances were obtained regarding such removal. 3.1.2 Additional Underground Storage Tank. During the period of time that Seller has owned the Property, it caused the removal of a 10,000-gallon gasoline and diesel dual compartment underground storage tank on or about December 6, 2005. Such removal was performed pursuant to County of Los Angeles Department of Public Works ("LADPW")Permit No. 462706 with respect to Wayne Perry; Inc. Project No. 05 860. Seller has provided to Buyer, and Buyer acknowledges receipt of, copies of the following-described documents with respect to said removal: (i) that certain "Environmental Oversight of Underground Storage Tank Removal and Soil Sampling Closure Report" dated March 3, 2006 prepared by Wayne Perry, Inc., and (ii) that certain Hazardous Materials Underground Storage Closure Certificate dated September 26, 2006 issued by LADPW. 3.2 "AS-IS" State and Condition. Buyer represents and wan-ants to Seller and acknowledges and agrees that prior to the Effective Date, Buyer had ample opportunity to fully inspect, examine, study and analyze to its satisfaction all aspects of the Property and Buyer determined that the Property is suitable for Buyer's intended use and development. Upon recording of the Grant Deed, Seller is selling the Property to Buyer, and Buyer is purchasing the Property from Seller,in its "AS-IS" state and condition. 4. MISCELLANEOUS. 4.1 Notices and Demands. All notices or other communications required or permitted between the Parties hereunder shall be in writing, and shall be (i)personally delivered, .(ii) sent by United States registered or certified mail, postage prepaid, return receipt requested, (iii) sent by facsimile transmission with confirmation of receipt, or (iv) sent by nationally RVPUB\DGIlSOM732973.3 3 recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the addresses provided below, subject to the right of any Party to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery, facsimile transmission or courier service, shall be deemed given upon receipt, rejection or refusal of the Sam e by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent. To Buyer: Redevelopment Agency of the City of Azusa Attn: Executive Director 213 East Foothill Boulevard Azusa,CA 91702 Facsimile: (626)334-5464 To Seller. The City of Azusa Attn: City Manager 213 East Foothill Boulevard Azusa,CA 91702 Facsimile: (626)334-5464 4.2 Possession, Risk of Loss: Termination. Buyer shall be entitled to sole Possession of the Property immediately upon recording of the Grant Deed. All risk of loss or damage to the Property will pass from the Seller to the Buyer upon recording of the Grant Deed: In the event that material loss or damage occurs to the Property prior to such recording, either Party. may, at its sole discretion, terminate this Agreement by giving notice, in writing, of such termination to the other Party. Upon such termination, each Party shall return to the.other Party all documents received by it from the other Party and all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such notice of termination is received by a Party prior to recording of the Grant Deed, then the Parties shall proceed with the exchange and recording of documents as provided in this Agreement. 4.3 Required Actions, City Manager and Executive Director Implementation. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated. Seller shall implement this Agreement through its City Manager and Buyer shall implement this Agreement through its Executive Director. The City Manager and Executive Director are hereby authorized by Seller and Buyer to issue approvals, interpretations, waivers and enter into certain amendments to this Agreement on behalf of Seller and Buyer,respectively, to the extent that any such action(s) does/do not cause Seller or Buyer to incur, in the aggregate, additional 'obligations or costs. 4.4 Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof. RVPUB\DGILSOM732973.3 4 - 4.5 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original,but all of which, together, shall constitute one and the same instrument. 4.6 Captions Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the Parties, are not a part of this Agreement; and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. 4.7 No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon,nor obligate any of the Parties to, any person or entity other than the Parties. 4.8 Exhibits. The Exhibits attached hereto are hereby incorporated herein by this reference. 4.9 Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 4.10 Applicable Law. All questions with respect to this Agreement, and the rights and liabilities of the Parties and.venue hereto, shall be governed by the laws of the State of California. 4.11 Assignment. Neither Buyer nor Seller shall assign this Agreement, or any right or obligation herein,to any party without the prior written consent of the other Party,which consent may be given or withheld in the sole and absolute discretion of such other Party. 4.12 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assignees of the Parties. 4.13 Ratification. This Agreement is subject to the approval and ratification by the Buyer's governing board and Seller's governing body, or their respective delegated representatives. 4.14 Severability_ If any term or provision of this Agreement shall be held invalid or unenforceable,the remainder of this Agreement shall not be affected. 4.15 Construction. This Agreement will be liberally.construed to effectuate the intention of the Parties with respect to the transaction described herein. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, neither this Agreement nor any uncertainty or ambiguity herein will be construed or resolved against either Party underr any rule of construction or otherwise, it being expressly understood and agreed that the Parties have participated equally or have had equal opportunity to participate in the drafting thereof. RVPUBWILSONM732973.3 - 5 4.16 Entire Aereement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promise made by either Party hereto, or by or to an employee, officer, agent or representative of either Party, shall be of any effect unless it is in writing and executed by the Party to be bound thereby. 4.17 Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Parties hereto. [signatures on following page(s)] RVPOB\DGILSOM732973.3 6 - SIGNATURE PAGE TO AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the date(s)set forth below next to their respective signatures. BUYER: SELLER: REDEVELOPMENT AGENCY OF THE THE CITY OF AZUSA, a municipal . CITY OF AZUSA,a public body,corporate corporation and politic By: By: Francis M. Delach Francis M.Delach Executive Director City Manager Date: Date: ATTEST: ATTEST: Agency Secretary City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: BEST BEST&KRIEGER LLP BEST BEST&KRIEGER LLP Agency Counsel City Attorney RVPUM\DGILSOM732973.3 - 7 EXHIBIT A TO AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS Legal Description of Property [APN 8605-015-903] PARCEL 1 OF THAT CERTAIN PARCEL MAP NUMBERED AND DESIGNATED NO. 5363, IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED FEBRUARY 26,1975 IN BOOK 58 PAGE 51, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXHIBIT A RVPUR\DGILS0M732973.3 EXHIBIT B TO AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS . Form of Promissory Note Secured by Deed of Trust [attached behind this page] EXHIBIT B RV PUB�DGIISOM732973.3 PROMISSORY NOTE SECURED BY DEED OF TRUST $1,615,877.55 Azusa, Los Angeles County, California [Date] FOR VALUE RECEIVED, REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body, corporate and politic ("Maker"), promises to pay to THE CITY OF AZUSA,a municipal corporation("Holder"),or order, at such place as Holder may from time to time designate by written notice to Maker, the principal sum of One Million Six Hundred Fifteen Thousand Eight Hundred Seventy-Seven and 55/100 Dollars ($1,615,877.55) in accordance with the terms of this Promissory Note Secured by Deed of Trust("Note"). 1. Purpose of Note. This Note is tendered by Maker to Holder as and fur payment of the purchase price for certain real property commonly described as 850 West Tenth Street bearing Assessor Parcel Number 8605-015-903, in the City of Azusa, County of Los Angeles, State of California ("Property") conveyed by Holder to Maker pursuant to that certain Agreement for Purchase and Sale last_dated 2007 ("Agreement') between Maker, as Buyer therein, and Holder, as Seller therein. 2. Secured Note. This Note is.secured by a deed of trust('Deed of Trust") of even date herewith encumbering the Property, which is to be recorded in Official Records of Los Angeles County, California immediately following recording of the conveyance deed from Holder to Maker for the Property. 3. Interest. No interest shall accrue under this Note. 4. Payments. The.principal sum is due and payable by Maker and shall be paid by Maker as follows: 4.1 Fourteen (14) equal annual installments in the amount of Fifty-Three Thousand Eight Hundred Sixty-Two and 59/100 Dollars ($53,852.59) each, on the sixteenth (16"') through twenty-ninth (29b) anniversary dates of this Note. 4.2 A final balloon payment in the amount of Eight Hundred Sixty-One Thousand Eight Hundred One and 29/100 Dollars ($861,801.29) on the thirtieth(30'h) anniversary date of this Note. 5. Maturity Date: Unless accelerated as provided herein or prepaid in full prior to such date, this Note shall mature on the thirtieth (30"') anniversary date of this Note ("Maturity Date"). The entire then-remaining unpaid principal and other sums, if any, due under this Note shall be immediately due and payable upon the Maturity Date, and Maker shall tender to Holder such amount on She Maturity Date. Page 1 of 4 3 6. Acceleration of Maturity Date Upon Default. In the event Maker fails to make a payment when due and payable under this Note, such failure shall constitute a default by Maker under this Note. Upon the occurrence of such default and Maker's failure to cure the same within fifteen (15) calendar days following notice of such default by Holder to Maker setting forth the exact nature and extent of such default, then, at the option of Holder, (a) the Maturity Date of this Note shall be accelerated to the date of such default and the entire then-remaining unpaid principal and other sums, if any, due under this Note shall become immediately due and payable without demand, notice or legal process of any kind; (b) Holder may, without demand, notice or legal process of any kind, exercise any and all rights and remedies granted to Holder by the Deed of Trust or by any other agreement now or hereafter existing between Holder and Maker; and (c) exercise from time to time any other rights and remedies available to Holder under any law of the State of California. Upon such election by Holder, the Maturity Date of this Note shall be accelerated to the date of such default. 7. Prepayment. Maker shall have the right to prepay any amount owing under this Note, in whole or in part,without penalty. 8. Payment Current. Each payment made hereunder shall be paid in lawful money of the United States of America and shall be credited first to principal and the remainder, if any, to any other sums,if any,owing by Maker to Holder under this Note. 9. Notice. All notices under this Note shall be in writing and shall be (i)personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested, (iii) sent by facsimile transmission with confirmation of receipt, or (iv) sent by nationally recognized overnight courier service(e.g., Federal Express or United Parcel Service), addressed to the party to whom the notice is given at the address provided below, subject to the right of any party to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States mail. Any notice given by personal delivery, facsimile transmission or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent. To Maker: Redevelopment Agency of the City of Azusa Attn: Executive Director 213 East Foothill Boulevard Azusa,CA 91702 Facsimile: (626) To Holder: The City of Azusa Attn: City Manager 213 East Foothill Boulevard Azusa,CA 91702 Facsimile: 626 Page 2 of 4 10. No Right of Offset. Maker acknowledges and agrees that Maker shall not have any rights whatsoever to offset against amounts due under this Note any amount or obligation due Maker or claimed to be due Maker from Holder. 11. Assignment Neither Maker nor Holder shall assign this Note, or any right or obligation hereunder, to any party without the prior written consent of the other party, which consent may be given or withheld in the sole and absolute discretion of the other party. Any attempted or purported assignment without the other party s express written consent shall be deemed invalid and void. 12. Successors and Assigns. This Note shall be binding upon and inure to the benefit of the respective successors and permitted assigns of Maker and Holder. 13. Governing Law. The validity, interpretation, performance and enforcement of this Note shall be governed exclusively by the laws of the State of Califomia 14. Waivers. In the event Holder delays in exercising or fails to exercise any of its rights under this Note, such delay or failure shall not constitute a waiver of any of Holder's rights, or of any breach, default or failure of condition of or under this Note. No waiver by Holder of any of its rights, or any breach, default or failure of condition shall be effective, unless the waiver is expressly stated in writing signed by Holder. 15. Cumulative Remedies. All Holder's remedies in connection with this Note or under applicable law shall be cumulative and Holder's exercise of any one or more of those remedies shall not constitute an election of remedies. 16. Severability. The unenforceability or invalidity of any provision or provisions of this Note as to any persons or circumstances shall not render that provision or those provisions unenforceable or-invalid as to any other persons or circumstances, and all provisions hereof, in all other respects, shall remain valid and enforceable. Further, it is intended that each obligation contained in this Note shall be treated as separate and division, and in the event that any provision herein is deemed unenforceable or invalid, such provision may be reformed by a court of competent jurisdiction and enforced to the extend allowed by law. 17. Amendments. This Note shall not be changed or modified orally, but in each instance only by an instrument in writing signed by the party against whom enforcement of such change,modification, or waiver is sought. 18. Time of the Essence. Time is of the essence of this Note. 19. Collection Costs and Attorneys' Fees. Maker agrees to pay the following: (1) reasonable costs, expenses, and attorneys' fees paid or incurred by Holder in connection with the collection or enforcement of this Note,whether or not suit is filed; and(2) costs of such and such sum as a court may adjudge as attorneys' fees in an action to enforce payment of all or any part of this Note. The foregoing accrued and unpaid costs, expenses and attorneys' fees shall be added to the principal balance of this Note. In the event of the bringing of any action or Page 3 of 4 i proceeding to enforce or construe any of the provisions of this Note,the prevailing party in such action or proceeding, whether by final judgment or out of court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including actual . attorneys' fees and costs. MAKER: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body,corporate and politic F h By. Francis M.Delach Executive Director i ATTEST: i a Agency Secretary ACKNOWLEDGMENT AND CONSENT TO SUBDIVISION AND AGREEMENT TO PARTIAL RECONVEYANCE/RELEASE Holder hereby acknowledges that: (i) the Property currently consists of approximately. 83,178.942 square feet; (ii) Maker has advised Holder that Maker intends to subdivide the property into two (2) separate parcels by a certain Parcel Map No. 69546 creating a "Parcel A" consisting of approximately 22,236.557 square feet and "Parcel B" consisting of approximately 60,242.385 square feet; and (iii) Maker may seek approval of its governing board,which retains . its sole and unfettered discretion regarding such action, to sell and convey Parcel A to another party. Holder hereby consents to such subdivision.of the Property and agrees that upon the completion of such subdivision, approval by Maker's governing board to sell and convey Parcel A to another party, and Maker's written request to do so, Holder will, without further consideration, execute and deliver to Maker a partial reconveyance of the Deed of Trust as to Parcel A only,which will leave Parcel B only as security for this Note. HOLDER: j THE CITY OF AZUSA, a municipal corporation By: Francis M. Delach City Manager ATTEST: City Clerk Page 4 of 4 EXHIBIT C TO AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS Form of Deed of Trust With Assignment of Rents [attached behind this page] EXHIBIT C RV PUBSOGIISON1732973.3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: THE CITY OF AZUSA Attn: City Manager 213 East Foothill Boulevard Azusa, CA 91702 APN 8605-015903 Exempt from Recording Fees per Govt Code§27383 DEED OF TRUST WITH ASSIGNMENT OF RENTS [Purchase Price Deed of Trust] THIS DEED OF TRUST WITH ASSIGNMENT OF RENTS ("Deed of Trust") is made this day of 2007, between REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body, corporate and politic, herein called TRUSTOR, whose address is 213 East Foothill Boulevard, .Azusa, Califomia 91702, FIRST AMERICAN TITLE COMPANY, a California corporation, herein called TRUSTEE, and THE CITY OF AZUSA, a municipal corporation, herein called BENEFICIARY. Trustor irrevocably grants, transfers and assigns to Trustee in Trust, with Power of Sale, that certain real property situated in the City of Azusa, County of Los Angeles, State of California, described as follows: PARCEL 1 OF THAT CERTAIN PARCEL MAP NUMBERED AND DESIGNATED NO. 5363, IN THE CITY OF AZUSA; COUNTY OF LOS-ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED FEBRUARY 26,1975 IN BOOK 58 PAGE 51, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. FOR THE PURPOSE OF SECURING (1) payment of the sum of$1,615,877.55 with no interest thereon according to the terms of that certain Promissory Note Secured by Deed of Trust of even date herewith made by TRUSTOR, payable to order of BENEFICIARY, and extensions or renewals thereof; (2)the performance of each agreement of TRUSTOR incorporated by reference or contained herein or reciting it is so secured; (3) payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or his or her successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. A. To protect the security of this Deed of Trust, and with respect to the properly above described, Trustor agrees: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon without the prior written consent of Beneficiary; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon without the express written consent of Beneficiary and to pay when due all 1 R VPUB\DGIISON.n734492.1 claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit;suffer or permit any act upon said property in violation of the law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the spec enumerations herein not excluding the general. (2) . To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To.appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust (4) , To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to.be.prior or superior hereto; all costs,fees and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee. being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge, or lien which in the judgment of eitherappears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his or her reasonable fees. (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby, any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. B. It is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him or her in the same manner and with the same effect as above provided for disposition or proceeds of fire or other insurance. (2) That by accepting payment.of any sum secured hereby after its due date, Beneficiary does not waive his or her right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (3) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. 2 RVI'MMILSOM73"92.1 (4) That upon written request of beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The.Grantee in such reconveyance may be described as "the person or persons legally entitled thereto." (5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his or her own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as.then required by law, Trustee' without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money-of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of. all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof, all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor of successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, 3 R V PUB%DG ILSON\734492.1 Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. (8) That this Deed applies to, inures to the benefit of, and binds all parties hereto,their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term Beneficiary shall mean the owner and holder , including pledgees, of the note secured hereby,. whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or the neuter, and the singular number includes the plural (9) The Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obliged to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge thereof does not exceed the maximum allowed by laws. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale. hereunder be mailed to him or her at his or her address hereinbefore set forth. ' ADDITIONAL PROVISION: The note secured by this Deed of Trust contains the following provision,which provision is incorporated herein by this reference: "Holder [Beneficiary herein] hereby acknowledges that: (i) the Property currently consists of approximately 83,178.942 square feet; (ii) Maker [Trustor herein] has advised Holder that Maker intends to subdivide the property into two (2) separate parcels by a certain Parcel Map No. 69546 creating a 'Parcel An consisting of approximately 22,236.557 square feet and "Parcel B" consisting of approximately 60,242.385 square feet; and (iii) Maker may seek approval of its governing board, which retains its sole and unfettered discretion regarding such action, to sell and convey Parcel A to another party. Holder hereby consents. to such subdivision of the Property and agrees that upon the completion of such subdivision, approval by Maker's governing board to sell and convey Parcel A to another party, and Maker's written request to do so, Holder will, without further consideration, execute and deliver to Maker a partial reconveyance of the Deed of Trust as to Parcel A only, which will leave Parcel B only as security for this Note." REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body, corporate and politic By. Francis M. Delach Executive Director ATTEST: Agency Secretary 4 RVPUBMIrSOM734492.1 NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On 2007 before me, notary public, personally appeared FRANCIS M. DELACH, personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public ATTACHED TO: DEED OF TRUST WITH ASSIGNMENT" OF RENTS 5 RVPUB\DGa SON1734492.1 EXHIBIT D TO AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS Form of Grant Deed (with attached Certificate of Acceptance) [attached behind this page] EXHIBIT D RVPUBkD(311S0M732973.3 - RECORDING REQUESTED BY, WHEN RECORDED MAIL TO AND MAIEL TAX STATEMENTS TO: Redevelopment Agency of the City of Azusa Attn: Executive Director 213 East Foothill Boulevard Azusa, CA 91702 APN 8605-015-903 Exempt from Recording Fees per Govt Code§27383 Exempt from Documentary Transfer Tax per Calif.Rev.&Tar..Code§11922 . GRANT DEED FOR VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, THE CITY OF AZUSA, a municipal corporation does hereby grant and convey to REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body, corporate and politic all that certain real property situated in the City of Azusa, County of Los Angeles, State of California,described as follows: PARCEL 1 OF THAT CERTAIN PARCEL MAP NUMBERED AND DESIGNATED NO. 5363, IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,AS PER. MAP FILED FEBRUARY 26,1975 IN BOOK 58 PAGE 51,OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Dated: THE CITY OF AZUSA,a municipal corporation By: Francis M.Delach City Manager R VPUBIDGas0N\734494.1 NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On before me, notary public, personally appeared FRANCIS 1VL DELACH,personally known to me (or proved to me on the basis of satisfactory evidence) to be the Person(s) whose name(s) is/are subscribed to the within instrument and,acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Signature of Notary Public ATTACHED TO: GRANT DEED [APN 8605-015-903] RVPUB\DGILS0N1734494.1 REDEVELOPMENT AGENCY OF THE CITY OF AZUSA CERTIFICATE OF ACCEPTANCE OF GRANT DEED [APN 8605-015-903] This Certificate of Acceptance pertains to the interest in certain real property conveyed by the Grant Deed dated to which this Certificate of Acceptance is attached, from: THE CITY OF AZUSA,a municipal corpora&on to: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA,a public body, corporate and politic("Grantee") Said Grant Deed is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee's governing board,and Grantee hereby consents to recordation of said Grant Deed. Dated: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body, corporate and politic By: Francis M.Delach Executive Director ATTEST: Agency Secretary RVPUMDGILS0M734494.1 ION U U' +a. k I IOINT CIN/AGENCY CONSENT ITEM TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, EXECUTIVE DIRECTORDATE: JULY 2, 2007 SUBJECT: REDEVELOPMENT AGENCY ADMINISTRATION/ADVANCE FROM THE CITY RECOMMENDATION It is recommended that the City Council/Agency Members approve Resolutions authorizing an advance of $1,285,490 from the City's General Fund to the Azusa Redevelopment Agency, and authorize execution of the Note. BACKGROUND Operating expenses for the Redevelopment Agency were approved in the 2007/08 Budget. To fund these expenses with Redevelopment property tax increment revenues, it is necessary for the Agency to enter into a debt instrument with the City. The Redevelopment Agency is governed by the Health and Safety Code (redevelopment law), and is primarily funded with property tax increment. Per the Code, tax increment can only, be used to pay debt. In order to fund the Agency's 2007/08 budgeted administrative expenses of $1,285,490, the Agency must establish these appropriations as a debt. To do this, each year the Agency requests that the City advance the necessary funds to pay for the Agency's general administration, in the form of a loan. This allows the Agency to receive a like amount of additional tax increment revenues and periodically reimburse the City throughout the year. The loan amount indicated below reflects the Agency's Administrative Budget for Fiscal Year 2007/08. The new note detailed below is proposed to implement the Agency's 2007/08 budget: INT. BORROW LOAN AMOUNT PROJECT RATE TERM FROM $1,285,490 Merged Project- Variable based on LAIF 1 Year City General Administration average monthly yields Fund Page 2 of 2 July 2, 2007 Honorable Chairperson and Agency Members Redevelopment Agency Administration/Advance from the City FISCAL IMPACT This mechanism allows the Agency to fund its administrative operating expenses and align its cash flow with actual tax increment receipts. The advance is paid off within the year it is incurred, and the City's General Fund is able to earn additional interest revenues. The Agency's administrative operating expenses and additional interest expense were adopted in the 2007/08 Budget on June 18, 2007. Prepared by Roseanna J. Jara Attachments: 1. A Resolution of the Redevelopment Agency of the City of Azusa Requesting Loans from the City of Azusa for Purposes of the Merged Redevelopment Project Area 2. A Resolution of the City Council of the City of Azusa Authorizing Loans for Purposes of the Merged Redevelopment Project Area E:NGENDA 73.0AADVANCE FROM CIM07MERGWRM.DOC RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING A LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the City of Azusa("Agency")is authorized to undertake certain actions which are necessary and incidental to the carrying out of the Redevelopment Plan which has previous]§een adopted by the City of Azusa, for purposes of the Merged Redevelopment Project Area; and WHEREAS,the Agency has incurred and will continue to incur obligations for such purpose; and WHEREAS,the City of Azusa is authorized,pursuant to Section 33620,et.seq.,of the Health and Safety Code of the State of California to make loans to the Agency for the puposes of defraying said expenses; NOW,THEREFORE,BE IT RESOLVED by the Agency Members of the Redevelopment Agency of the City of Azusa that: Section 1. Pursuant to the provisions of said Section 33620,et seq.,of the California State Health and Safety Code,the Agency Members hereby authorize the Redevelopment Agency of the City of Azusa to request a Loan from the City of Azusa for purposes of the Merged Redevelopment Project. Section 2. The Agency pledges to accept and administer any funds loaned to it pursuant to this request in accordance with the provisions of Section 33620,et. seq.,of the Health and Safety Code. Section3. The Agency requests that authorization for repayment of the loan shall be evidenced by a Note(in the form attached as Exhibit A)of the Agency containing the following terms, in addition to all usual and customary terms: LOAN INT. BORROW PLEDGED REVENUE AMOUNT PROJECT RATE TERM FROM SOURCES $1,285,490 Administration Variable Based on LAIF Avg. 1 Year General Fund Tax Increment, Other Monthly Yields The loan listed herein is payable accordingto the terms of the Note. Paymentswill be made at least annually,and will be paid in full on or before June 30,2008. The Note is payable from accumulated tax increment funds in excess of those pledged for payment of Agency bonded indebtedness,and/or from any other funds availableto the Agency from which such payment may legally be made. The Note may be prepaid at any time without penalty. Section 4. The Chairperson of the Agency or his/her designee is hereby authorized and directed to execute,on behalf of the Agency, the Note to the City of Azusa in accordance with the provisions of Section 3 hereof. Section 5. The Agency Secretary shall certify the adoptiomf this Resolution. PASSED AND ADOPTED this day of 2007. Chairperson I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting held on the_day of 12007. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary "EXHIBIT A" PROMISSORY NOTE MERGED REDEVELOPMENT PROJECT AREA AZUSA, CALIFORNIA JULY 1, 2007 For value received,the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA,a public body corporate and politic("Agency"),promises to pay the CITY OF AZUSA,a municipal corporation and general law city organized and existing under the laws of the State of California ("City"), the estimated sum of ONE MILLION TWO HUNDRED EIGHTY-FIVE THOUSAND FOUR HUNDRED NINETY DOLLARS AND N011 00($1,285,490), revised as necessary to reflect actual expenditures,with interest thereon from the date of July 1,2007,at the average monthly variable rate as determined by the State of California Local Agency Investment Fund,principal and interest payable at least annually and due in full by June 30,2008,as provided herein. This Note is a subordinate lien and is payable from tax increment revenues in excess of those pledged for Agency bonded indebtedness and any other superior debt, and/or payable from any other resources available to the Agency from which such payment may legally be made,allocated to and received by the Agency for the Merged Redevelopment Project Area.The term of the note shall be one (1)year, due in full by June 30, 2008,unless extended by mutual consent of both parties. This note is issued in connection with the provision of funds to finance redevelopment activities of the Merged Redevelopment Project Area. The Merged Project provides for tax increment financing in accordance with the provisions of the California Health and Safety Code. The Agency is authorized, with the consent of the Board of Directors, to undertake certain actions which are necessary and incidental to carrying out the Redevelopment Plan which has previously been adopted by the City of Azusa, for purposes of the Merged Redevelopment Project area. The City Council has authorized the loan for purposes of funding incurred administrative obligations. This note is issued under the authority and pursuant to the Community Redevelopment Law,commencing with Section 33600 of the Health and Safety Code of the State of California, as amended. Each payment shall be credited first to principal due and the remainder to interest;and interest shall thereupon cease upon the principal so credited. Any unpaid interest shall accrue and be added to the outstanding principal balance. In event of default in payment of any amount as herein provided, then the entire amount shall become due at the option of the City of Azusa. Principal and interest shall be payable in lawful money of the United States at Azusa, California. Demand,presentment for payment,protest and notice of protest are hereby waived. REDEVELOPMENT AGENCY OF THE CITY OF AZUSA By: Chairperson ADMINISTRATION C:\�GRPWIBH`ATMERGLN so DOC RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR PURPOSES OF THE MERGED.REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the City of Azusa("Agency")is undertaking certain actions which are necessary and incidental to the carryingout of the Redevelopment Plan which has previously been adopted by the City of Azusa; and WHEREAS,the Agency has incurred and will continue to incur obligations for such purpose; and WHEREAS,the City of Azusa is authorized,pursuantto Section 33620,et.seq.,of the Health and Safety Code of the State of California to make loans to the Agency for the purposes of defraying said expenses; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City d'Azusa that: Section 1. Pursuant to the provisions of said Section 33620,et. seq.,of the Health and Safety Code,the City Council hereby authorizes to the RedevelopmentAgency of the City of Azusa the following loan for the Merged Redevelopment Project. Section 2. The Agency shall accept and administer any funds loaned to it pursuant to this request in accordance with the provisions of Section 33620, et. seq.,of the Health and Safety Code. Section 3. Such loan shall be evidenced by a Note of the Agency containing the following terms,in addition to all usual and customary terms: LOAN INT. BORROW PLEDGED REVENUE AMOUNT RATE TERM FROM SOURCES $1,285,490 Variable Based on LAIF Avg. 1 Year City's General Tax Increment, Other Monthly Yields Fund The loan listed herein is payable accordingto the terms of the Note. Payments will be made at least annually,and will be paid in full on or before June 30, 2008. The Note is payable from accumulated tax increment funds in excess of those pledged for payment of Agency bonded indebtedness,and/or from any other funds availableto the Agency from which such payment may legally be made. The Note may be prepaid at any time without penalty. Section 4. The City Council of the City of Azusa is hereby authorized and directed to accept,on behalf of the Agency, the Note to the City of Azusa in accordance with the provision of Section 3 hereof. Section 5. The City Clerk shall certify the adoption of this Resolution. PASSED AND ADOPTED this day of 2007. Mayor I HEREBY CERTIFY.that the foregoing resolution was duly adopted by the City of Azusa at a regular meeting thereof, held on the day of 12007. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: City Clerk CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY,JUNE 18,2007—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 6:30 p.m.to discuss the following: Recess (Councilmember Macias entered the meeting during Closed Session) 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 APOA LIABILITY CLAIMS(Gov.Code Sec.54956.95 Liab Claim . Claimant:John Lyda J. Lyda REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.81 Real Prop Neg Address: 850 W.Tenth Street,Azusa, CA 91702 850 W.Tenth 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. Conf w/Legal 54956.9(a)) Cnsl Case Name: Scott Witter v. City of Azusa Witter Worker's Compensation Appeals Board Case No.VN00530133 The City Council reconvened at 7:42 p.m. City Attorney Carvalho advised that there was no No Rpts reportable action taken in Closed Session. 7:43 P.M. - REGULAR MEETING OF THE CITY COUNCIL. - Rglr Mtg Mayor Rocha called the meeting to order. Call to Order Ms.Alyssa Zamora led in the salute to the Flag. Flag Salute INVOCATION was given by Pastor Eddie Velasquez of Jesus Is Lord Church Invocation . Roll Call ROLL CALL PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Detach, Assistant City Manager Person, Azusa Police Chief Garcia, Director of Utilities Hsu, Director of Public Works/Assistant City Manager ' Makshanoff, Economic Development Director Coleman, Tierra West Consultant Jose Ometeotl, Public Information Officer Quiroz,Administrative Services Director-Chief Financial Officer Kreimeier, Library Director Tovar, Library Adult Services Supervisor Shahsavari,Youth Services Librarian Hassen, Director of Human Resources Hanson, Assistant Community - Development Director Onaga, City Clerk Mendoza,Acting Deputy City Clerk Hernandez. PUBLIC PARTICIPATION - Pub Part Mr. Mike Lee expressed his sorrowover the passing of Councllmembef Gonzales' sister, M. Lee Teresa Lira and Russ Rentschlers' mother, Mrs. Johnson. He expressed his appreciation to Comments all who participated in the weekend events, to those responsible for the choices for commissioners,and announced the new Michael Moore movie. . Ms. Peggy Martinez announced that Miss Azusa, Jamie Pezolo and Miss Outstanding Teen, P.Martinez Jamie Alvarez will be going to State Competition; she asked that Council send a card to the Comments women to encourage them and show their support. Ms. Laura Jimenez addressed Council announcing that Assemblyman Ed Hernandez will be L.Jimenez hosting a Public Safety Summit on Gang Prevention and Intervention on Friday, June 29i° Comments from 9 a.m. to 12 p.m. at La Puente High School; she also stated that he has successfully pushed forward 17 out of 20 Assembly Bills during his term. Ms. Kevann Lamkin addressed Council expressing her concern regarding the Rosedale K. Lamkin . - Development, Le. no sound wall, elevation is too high, and noise of Metrolink train. city Comments Attorney Carvalho responded stating that under Federal Regulations the train has to blow its horn when going through construction. Ms. Alyssa Zamora addressed council requesting that a sidewalk be placed along 41°Street A.Zamora west of Angeleno for the safety of students; she noted that there are unleveled with rocks, Comments etc. A bouquet was presented to her on behalf of the Council. Mr. Art Morales requested that the Assembly Bilis authored by Assemblyman Ed Hernandez A.Morales be published in the newspaper so that they can be understood; he expressed concern Comments regarding proposed street sweeping and suggested that it be done at the same time of day Instead of one half in the morning and the other in the afternoon; he requested explanation on item regarding appropriations limit. Mr. Jorge V. Rosales thanked City Manager Detach for responding to him regarding the J. Rosales budget, for especially taking time to discuss it with him; thanked Assistant City Manager Comments Person for submitting copies of signs with regard to item C-4, and thanked Assistant to the Utilities Director Kalscheuer for responding to his questions regarding Refuse Rates. REPORTS,UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Rpts/Updates City Manager Detach responded that he would look into the Issues surrounding the Monrovia City Mgr Nursery construction and the railroad crossing at Palm Drive and height elevation; he stated Comment . that that was the plan and nothing has changed for some time. Moved by Mayor Rocha, seconded by Mayor Pro-Tem Hanks and unanimously carried that a Cert of Rec Certificate of Recognition be prepared and presented to Mrs. Barbara Dickerson, the B. Dickerson recipient of the YWCA Women of Achievement award for her work in the field of education. Library Adult Services Supervisor Shala Shahsavari and Youth Services Librarian Lelia Hassen S. Shahsavari to announced this year's Summer Reading Program, GET A CLUE @ YOUR LIBRARY, to be L. Hassen held from June 25—August 14. Summer Rdg Mayor Pro-Tem Hanks expressed thanks to Captain Sam Gonzales for the research on the Hanks proposal for the Tow Service Contract; he announcedthatAAA will be participating in the Comments Amateur Radio on Saturday at the Police Department and provided an overview of the program and Its activities. Councilmember Gonzales expressed a heartfelt thanks to all who sent condolences to him Gonzales and his family regarding the loss of his sister, Teresa Gonzales Lira. Comments 06/18/07 PAGE TWO Councilmember Macias announced that the Azusa Sister City Adult Exchange to Zacatecas is Macias September 13' - 17', the cost is $481.00 per person and invited and encouraged all to Comments attend; he announced Casino Night a the Azusa Woman's Club on Friday, June 22n°from 7 p.m. - 1 I p.m., all proceeds go to Youth Programs; he asked that the meeting be adjourned in memory of Mrs.Joe Johnson. Councilmember Carrillo wished all dads a Happy Father's Day, and congratulations to all Carrillo graduates for passing exit exams, and thanked the AVSD for its hard work. He congratulated Comments Parks and Recreation for another project completed at Slauson Park. He reminded all that they are representatives on Regional Boards, and he was recently elected to the Board of Directors of the League of California Cities. Mayor Rocha requested that the meeting be adjourned in memory of Don Clark, Teresa Rocha Gonzales Lira, and Mrs. Joe Johnson. He announced that Azusa schools are offering free Comments lunches during the summer from June 20 - July 24, from 10:30 a.m. - 11:30 a.m., at Gladstone elementary,Murray elementary, and Slauson.middle school. City Manager Delach responded to question regarding the lot next to Arby's stating that it Is a staging area for the County Sewer Project. Mr. Rocha asked that the information report regarding current projects be made available to the public and also to keep all soldiers in prayer. SCHEDULED ITEMS Sched Items PUBLIC HEARING - WATER RATE INCREASE. Utilities Director Hsu addressed the Hearing Pub Hrg stating that this is regarding water rate increases, one to become effective July 1, 2007 and Water the other in July 1, 2009; based on Proposition 218 requirements there was a 45 day notice Rate Inc requirement, 20 thousand notices were sent out to property owners/customers, 400 were undeliverable and returned and one objection was received from a customer in the City of Glendora. He presented a slide presentation stating that based on 2000 Water Master Plan the City requires a new Treatment Plant, the existing one Is obsolete and under capacity; the limited capacity is due to population growth and the technology does not meet certain health department requirements. He detailed the following: the need to maintain reserve, service and expenditures, increase on debt service, expanding and the cost for expanding, replacement of water mains and the cost, what would happen if there is not rate increase, how the reserves will be affected; existing debt service ratio will not be made, rate is based on type of use, the Cost of Service Study; he explained the protest process; revenue requirement and distribution, others costs meter readers, etc.; explained how the costs are categorized by class; fixed cost adjustment based on meter; gave current rates and proposed Increased rates based on meter size; consumption is also divided into different group based on cubic feet, from which proposed increase was figured; gave comparison withother companies charges, and gave breakdown per customer. He responded to questions posed by Councilmember regarding service area and cost of treatment plant. The Mayor declared the Hearing open. City Clerk read affidavit of proof of publication of Hrg Open notice of said hearing published in the San Gabriel Valley Tribune on May 4, 2007. Utilities Director Hsu noted the following corrections on Exhibit A; letter D Fire Service Dir of Util Charge, to read as follows: $58.40 to go up on 7/1/2007 to $61.90 and on 7/1/2009 to Comments $65.61;and $8.18 to go up on 7/1/2007 to$8.67 and on'.r/1/2009 to$9.19. Testimony was received from: Testimony Ms.Maureen Tomes addressed the Hearing and asked if this was residential and commercial M.Tomes businesses. Staff responded that it was. Comments Mr. Greg Ahern addressed the Hearing and asked if the meter charge is a monthly charge G.Ahern and about the fire sprinkler system at Mountain Cove. Mr. Hsu responded stating that the Comments meter charge is a monthly fixed charge, a minimum charge, and that Mountain Cove customers with fire sprinkler system, there is a special rate, they are different from a 2 inch meter charge,they arediscounted charged based on residential charge. Mr. Jorge Rosales addressed the Hearing requesting elaboration on Increase to the meter J. Rosales charges. Mr. Hsu responded stating that meter charge Is a fixed charge for customer service Comments charge; he detailed charges according to meter size and Federal Regulations. Mr. Kalscheuer responded stating they no longer allocate cost across the board; costs are allocated based on different customer class. Mr. Hsu advised the increases for 2009 are across the board. - 06/18/07 PAGE THREE Mr.Art Morales addressed the Hearing asking if they are using some of the money to pay A.Morales off old bills, does the city have insurance to cover losses; he suggested native shrubs, Comments manufactured turf, and out sourcing and upgrading system. Mr. Hsu responded to question regarding paying old bills and insurance stating that it was during the energy crisis and is ` regarding the electric not water. Mr.Alan Lassitor addressed the Hearing asking if the increase is for existing houses or and if A. Lassitor it include the new Rosedale housing and APU building. City Manager Delach responded that Comments It is for all Azusa customers and noted that the current residents will not be subsidizing for new customers. Mr. Hsu responded that the new houses in Glendora are not within the service area. Councilmember Macias explained further the need for the Increase, Incentive programs Macias available and encouraged the residents to contact Public Benefits Coordinator Paul Reid for Comments more information. Mayor Pro-Tem Hanks pointed out rates based on cubic feet and explained how it works; he Hanks expressed concern regarding the decrease in reserves and what needs to be done; he Comments supports the increase. Councilmember Carrillo noted his support for the Increase in water rates as well as the need Carrillo for it. Comments Moved by Mayor Rocha seconded by Mayor Pro-Tem Hanks and unanimously carried to Hrg closed close the Public Hearing. Mayor Pro-Tem Hanks offered a Resolution entitled: - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, TO ADOPT NEW WATER Res. 07-C42 RATES EFFECTIVE JULY 1, 2007,AND JULY 1, 2009. (6%water rate adjustment effective July Water Rate Inc 1,2007, and a second 6°%water rate adjustment effective July 1, 2009.) Moved by Mayor Pro-Tem Hanks seconded by Councilmember Carrillo 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 — AN APPEAL TO DENY A REQUEST FOR A MINOR USE PERMIT MUP Pub Hrg 2006-28, 792-794 EAST ALOSTA AVENUE. MUP 2006-28 Assistant Community Development Director Onaga addressed the Hearing and explained the Com Dev Dir reasons for the denial to allow off-sale of beer and wine at Los Zorros Meat Market. He Comments detailed basis for denial as follows: 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 the applicant premises are located within a "high crime" area according to Police Department statistics. He stated that the appellant complained that crime rates were not broken down; he further explained other reasons for the denial,such as concentration, adjacent land uses, and proximity of other places that sell alcohol. He then answered questions posed by Councilmembers regarding comparison with other close locations that sell alcohol. The Mayor declared the Public Hearing open. City Clerk read affidavit of proof of publication Hrg open. of notice of said hearing published in the Azusa Herald on June 7, 2007. Mr. Jorge Betancourt, the appellant, addressed the Public Hearing explaining that the crime J. Bentancourt rate Information given to him was based on the entire city; he distributed pamphlets to Comments Council to show the sale of businesses in surround areas which contradict Planning Commission findings. He responded to questions posed by Councilmembers. The following persons addressed the public hearing and expressed their opposition to allow Testimony off-sale of beer and wine at that location: Yolanda Pena,Art Morales, Mark Dickerson, and Jorge Rosales. Ms. Lucia Sema addressed the Hearing in favor of the sale of beer and wine. 06/18/07 PAGE FOUR Moved by Councilmember Gonzales seconded by Mayor Pro-Tem Hanks to close the Public Hrg closed Hearing. Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, DENYING, ON APPEAL, A Res.07-C43 MINOR USE PERMIT WHICH WOULD HAVE ALLOWED THE OFF-SITE SALE OF BEER AND Denying Minor WINE IN CONJUNCTION WITH A CONVENIENCE STORE. CASE NO.: MUP 2006-28; Use Permit LOCATION: 792-794 E.ALOSTA AVENUE. 2006-28 Moved by Councilmember Macias seconded by Councilmember Gonzales 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 THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AND THE CnCUCRA✓i AZUSA PUBLIC FINANCING AUTHORITY AT 10:09 P.M.TO CONSIDER THE FOLLOWING: APFA convene FISCAL YEAR 2007/08 CITY,AZUSA PUBLIC FINANCING AUTHORITY,AND REDEVELOPMENT FY 2007/08 AGENCY BUDGET ADOPTION. Budgets Administrative Services Director/Chief Financial Officer Kreimeier stating that the combined A. Krelmeier operating budget was reviewed at a meeting on May 29� In detail; Council gave tentative Comments approval to the budget and directed staff to make certain amendments which are Included as attachment "A" before the Council; he requested that Council adopt the budget with amendments as presented. City Manager/Executive Director Delach responded to questions posed regarding proposals City Mgr Delach by Council and stated that they will come back before City Council at the next Utility Board Comments meeting to discuss the Supplemental requests by Chamber of Commerce and other proposals, that should not be included at this time. The Budget Amendments to be considered are: $5,000 Community Promotion Advertising Expense (City Hall on the Move noticing), $5,000 Citizens' Beautification Projects and $20,996 Library Additional Hours/part-Time Salary Adjustment. City Attorney/General Counsel Carvalho responded to questions regarding proposed salary City Attorney Increases in 07-08 for the ten contract employee department heads, stating that the Council Comments adopted an ordinance authorizing the City Manager to approve contracts and that there is a need to go through the evaluation process to approve Increases; the Council's allocation approved in the budget sets aside the money In the event the City Manager uses his discretion based on the ordinance to grant, based on evaluation, increases to people hired by contract. She also responded to question regarding anniversary dates, which may be several different dates. She reiterated that the only way employees would receive additional "pay for performance" is if they meet certain performance standards, whidi were previously established. Administrative Services Director/Chief Financial Officer Kreimeler responded to questions A. Krelmeler regarding the Vehicle License Fees (VLF) stating that several years back the State took some Comments funds away from local government to balance its own budget and as part of that action they reduced the VLF and gave the City money to backfill that; subsequently, the State made the backfill revenue equivalent to property tax of which the City has had significant assessed valuation growth within the past two years and the VLF has been going up by 10% and 20% and they are ongoing revenues. Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE BUDGET Res.07-C44 AND APPROVING APPROPRIATIONS FOR THE CITY OF AZUSA FOR THE FISCAL YEAR Approving COMMENCING JULY 1, 2007 AND ENDING JUNE 30, 2008. City Budget Moved by Councilmember Macias, seconded by Mayor Pro-Tem Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: 06/113/07 PAGE FIVE AYES: COUNCILMEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE - ABSENT: COUNCILMFMBERS: NONE Director Macias offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE Res.07-R17 CITY OF AZUSA ADOPTING THE OPERATING BUDGET AND APPROVING APPROPRIATIONS Approving CRA FOR THE REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1, 2007 Budget AND ENDING JUNE 30, 2008. Moved by Director Macias, seconded by Director Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Board Member Macias offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC FINANCING Res.07-PI AUTHORITY ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE Approving AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2006 AND ENDING JUNE 30, APFA Budget 2008. Moved by Board Member Macias, seconded by Board Member Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Authority: AYES: BOARDMEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: NONE- THE REDEVELOPMENT AGENCY AND THE AZUSA PUBLIC FINANCING AUTHORITY CRA&APFA RECESSED AT 10:27 P.M.,AND THE CITY COUNCIL CONTINUED. Recessed Cncl continued IMPLEMENTATION OF RECOMMENDATIONS BY THE AZUSA CITIZENS' COMMITTEE FOR ACCFCC CODE COMPLIANCE REGARDING THE DEFINITION AND PERMITTED USES, PARKING AND Rec. STORAGE OF RECREATIONAL VEHICLES. Assistant City Manager Person addressed the Issue presenting the recommendations by the Assist City Mgr ACCFCC regarding Definition and Permitted Uses, Parking and Storage of Recreational Comments- - Vehicles noting that staff agrees with the expanded definition of terms recommended by the ACCFCC Committee and is in agreement with the parking and storage of recreational vehicles on Recommend private property, but noted that staff differed with the recommendation regarding the areas RV parking associated with the city administering a temporary street-parking permit program for visitors with recreational vehicles.' Lengthy discussion was held between Councllmembers and staff regarding the issuing of Lengthy permits for RV parking for visitors; the additional burden to city staff with regard to issuing, Discussion monitoring and enforcement of the permit for RV parking. Staff has recommended that the 72 hour limit be left in place but not enforce it during the holidays; it was noted that there is a need to define which holidays as well as time frame before and after, in addition potential costs and real impacts, and design of permit. Additional discussion was held regarding residential RV parking noting there is a need to revisit anything to do with the permitting program definition. Further, with regard to RV storage and setbacks, staff feels that there is a need to have two definitions, i.e. for the large vehicle which is mobile and that would be limited to setback, and motor bikes another definition, this will be Included In further review. Lengthy discussion was held regarding the issue of setbacks; the majority of the Council _ were in favor of Committee recommendations; staff advised they would come back with a diagram of how it would work and responded to other questions. Assistant City Manager advised that he would come back with the remaining items of all the Issues at the next possible meeting. 06/18/07 PAGE SIX - AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, ADDING A PROHIBITION Prohbition CONCERNING RESIDENTIAL FRONTYARD PARKING Front Yard Pkg Economic Development Director Coleman addressed the issue stating that this proposed B. Coleman ordinance would add a section to the Azusa Municipal Code to prohibit front yard parking, Comments which has a negative Impact on the neighborhoods. He noted that the Clty previously prohibited front yard parking, but it was inadvertently left out of the Code with the new Development Code was incorporated. He further noted that this would help Improve aesthetics, and responded to questions posed by Councilmembers. Councilmember Macias offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING I"Rdg Ord CHAPTER 74 OF THE AZUSA MUNICIPAL CODE REGARDING RESIDENTIAL FRONT YARD Prohibition PARKING Residential Front Yard Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously Parking carried to Introduce the proposed ordinance. The CONSENT CALENDAR consisting of Items D-I through D-12 was approved by motion of Consent Cal Councilmember Carrillo, seconded by Mayor Pro-Tem Hanks and unanimously carried with Items the exception of items D-4, 7, 8, and 10,-which were considered under the Special Call, portion of the Agenda. 1. The minutes of the regular meeting of June 4, 2007, and the special meeting of May Min appvd 10, 2007,were approved as written. 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or regular Appointments: N. Covarrubias, C. Grant, J. Landa, J. Items Retana, D. Baird,and R. Ryan. • New Appointments: M. Czarnota, Meter Reader, P. Adame, Meter Reader, and P. Smith,Assistant Planner. 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE Res.07-C45 INVESTMENT POLICY. Invest Pol 4. SPECIAL CALL ITEM. Spec Call - 5. Approval was given to award the Novell software maintenance and licensing agreement Novell Maint In the amount of $16,812.00 to CDW-G (Computer Discount Warehouse — &Uc Agmt Government). CDW-G 6. Formal bidding procedures were waived and approval was given for the annual Software Malnt software maintenance and support agreement to be awarded to SIRSI Corporation, in SIRSI the amount of$22,805.00. 7. SPECIAL CALL ITEM. Spec Call 8. SPECIAL CALL ITEM. Spec Call 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS Res. 07-052 INTENTION TO VACATE AND ABANDON A PORTION OF THE ALLEY WEST OF Vacation alley ALAMEDAAVENUE BETWEEN FOOTHILL BOULEVARD AND 0 STREET IN THE CITY OF Block 36 AZUSA. 10. SPECIAL CALL ITEM. Spec Call It. The Agreement renewal with LA Works for FY 2007/08 was approved and the City Agmt w/LA Manager was authorized to execute the agreement in the amount of not to exceed Works $28,929. 12. The following resolution was adopted and entitled: _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res.07-053 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHiCH THE SAME Warrants ARE TO BE PAID. 06/18/07 PAGE SEVEN SPECIAL CALL ITEMS Special Call - Councilmember Macias asked about the obligation to increase the refuse rate. Assistant Macias Director of Utilities Kaischeuer responded stating that the City has an exclusive franchise Questions - agreement with Athens Services which requires an annual adjustment based on changes in Refuse Public disposal costs from year to year and cost of living adjustment by consumer price index Hearing change; they are set forth in the contract and require a rate adjustment which goes into effect July 1.All property owners are being notified in accordance with proposition 218, and hence the notification of the public hearing. He responded that the 7%Increase is based on a combination of the cost of living adjustment as termed by CPI which is 3+%, plus changes in disposal costs from year to year. City Attorney Carvalho responded to question regarding the Exclusive Franchise Agreement with Athens and the basis for the contract; further the requirements of Proposition 218, which requires noticing to all property owners and costs for mailing; which she noted staff would ask Athens if they would cover the cost. Councilmember Macias noted that he is in opposition to the increase as well as paying cost for mailing. Discussion was held regarding the evergreen clause in the Athens Contract. Moved by Councilmember Macias, seconded by Counciimember Gonzales and unanimously Public Hearing carried that staff be authorized to provide notice to all property owners of record of a public Refuse Rates hearing to be held on August 6, 2007 to consider proposed refuse rate adjustment; and Authorized approval was given for a budget amendment in the amount of $15,000 to print and mail public notice. City Manager Detach detailed the background surrounding the Gann Limit,which came about City Mgr as a result of a taxpayer initiative shortly after Proposition 13, the Intent was to limit the Comments expenditures of titles based on a formula that include the CPI, the city's Income and the city's population growth; in,an effort to control or limit the money the city receives. Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING AN Res. 07-C46 AMENDED APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2007-08 PURSUANT TO ARTICLE Gann Limit AIIB OF THE CALIFORNIA CONSTITUTION. Moved by Councilmember Macias seconded by Councilmember Gonzales 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 Mayor Rocha congratulated all newly appointed members of City Boards and Commissions Rocha/Carvalho and City Attorney Carvalho advised that they will not be sworn In until their first meeting; so Comments if they are members of other committee they could attend in order to have a quorum at those meeting. Moved by Councilmember Macias, seconded by Councllmember Gonzales and unanimously carried that the following resolutions be adopted appointing members to various City Boards and Commissions: A RESOLUTION OF THE CITY COUNCIL OF THE CIN OF AZUSA APPOINTING LALISA C. Res.07-C47 MORGAN TO THE HUMAN RELATIONS COMMISSION. L.Morgan A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING NAPHA Res. 07-C48 PHYAKUL QUACH TO THE HUMAN RELATIONS COMMISSION. N. Quach A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING VICTORIA Res.07-C49 CRUZ TO THE LIBRARY COMMISSION. V.Cruz A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING SANDRA Res. 07-050 RENTSCHLER TO THE PLANNING COMMISSION. S. Rentschler A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING JORGE V. Res.07-051 ROSALES TO THE PLANNING COMMISSION. J. Rosales 06/18/07 PAGE EIGHT Councilmember Macias addressed item regarding the RFP for a Legislative Liaison/Lobbyist, Macias stating that he would like the position to be goals specific. City Manager Delach responded Comments stating that the draft agreement would be brought back to Council before the final approval. Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously RFP Lobbyist carried that authorization be given to solicit a Request for Qualifications for a Legislative UaisoNLobbyist. THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED ATI1:38 P.M. CRA convene THE CITY COUNCIL RECONVENED AT 11:39 P.M. Cncl reconvene THE CITY COUNCIL RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY APFA convene CONVENED AT 11:39 P.M. - Cncl reconvene THE CITY COUNCIL RECONVENED AT 11:40 P.M. Mayor Pro-Tem Hanks offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING Ord No.07-06 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 IS FIRST APPROVED (CASE NUMBER ZCA 225). Moved by Mayor ''Pro-Tem Hanks seconded by Councilmember Carrillo to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: . COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mayor Pro-Tem Hanks offered an Ordinance entitled: AN ORDINANCE OF THE -CITY OF AZUSA APPROVING AN AMENDMENT TO THE Ord No.07-07 REDEVELOPMENT PLAN 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. Moved by Mayor Pro-Tem Hanks seconded by Councilmember Macias to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilmember Gonzales offered an Ordinance entitled: AN ORDINANCE OF THE CITY OF AZUSA APPROVING AN AMENDMENT TO THE Ord No.07-08 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 Councilmember Gonzales seconded by Mayor Pro-Tem Hanks to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 06/18/07 PAGE NINE UPCOMING MEETINGS: Upcoming Meetings June 25, 2007, Utility Board Meeting-6:30 p.m. (Murray School) 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. (LB.W) It was consensus of Councilmembers to adjourn in memory of Don Clark, Teresa Gonzales Adjourn Lira, and Mrs.Joe Johnson. in memory of D. Clark, T. Gonzales Lira,Mrs. Johnson TIME OF ADJOURNMENT: 11:43 P.M. - CITY CLERK NEXT RESOLUTION NO.2007-052. NEXT ORDINANCE NO.2007-09. 06/18/07 PAGE IEN Cq</FOR�P CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CATHY HANSON, DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER VIA: F.M. DELACH, CITY MANAGERf�/�/7 DATE: JULY 2, 2007 SUBJECT: HUMAN RESOURCES ACTION ITEMS RECOMMENDATION It is recommended that the City Council approve the following Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). BACKGROUND On June 26, 2007 the Personnel Board confirmed the following Department Head recommendation regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPARTMENT 'NAME CLASSIFICATION ACT[ON/EFF, RANGE/STEP'.. DATE -9 , BASE.MO.SALARY Police Mike Bertelsen Police Sergeant Merit Inc 6501/3 6-19-07 $6,613.42 Police Seth Chapman Police Officer Merit Inc 6101/2 5-23-07 $5,156.07 Utilities Steven Yang Administrative Analyst Merit Inc 4192/5 6-7-07 $5,187.22 B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to the Rules of The Civil Service System. DEPARTMENT NAME,- _ 'CLASSIFICATION' EFFECT[VE'DATE. RANGEISTEP, BASE MO. SALARY Finance Michael Antwine Senior Management Analyst Pending phy & 3306/4 fingerprints $5,692.23 Police Jeanne Smith Police Dispatcher Pending phy & 9164/5 fin er rints $3,968.82 Police Charles Wilkins Police Officer - Lateral Pending phy 8. 6101/1 fingerprints I $$4,908.94 C. SEPARATION: The following separations are submitted for informational purposes. DEPARTMENT NAME CIASS[FICATION . EFFECTIVE DATE Police Christina Ramirez Police Dispatcher 6-7-07 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. . s�;OFx�'sv, TO: HONORABLE MAYOR AND MEMBERS OF THE CIN COUNCIL FROM: MARCENE HAMILTON, CITY TREASURERQ,��, DATE: JULY 2, 2007 SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES FOR THE MONTH OF MAY 2007 RECOMMENDATION: It is recommended .that the Council Members receive, review, and file the City Treasurer's Report for the City of Azusa for the month of May 2007. BACKGROUND: Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa for the month of MAY 2007. City investments are made in accordance with the City's Investment Policy adopted and approved with Resolution No. 05 — C16 dated, June 18, 2007 and Government Code Section 53600 et seq. FISCAL IMPACT: The balances of cash, investments, and projected revenues for the next six months are expected to be sufficient to meet cash disbursement requirements of the City for at least the next six months. CITY OF AZUSA TREASURER'S REPORT Freasury Checking Accounts and Certificates of Deposit MAY 31, 2007 Held in Wells Fargo Bank 3repared by: Marcene Hamilton, Treasurer Interest or Balance Face Maturity Coupon Description Account Number or Amount Date Rate or CUSIP Market Value Checking Accounts General Checking Account 495-0041244 1,254,732.00 4.980% Overland Sweep Account DDA 495-0041244 413,190.16 Worker's Compensation Checking 0606-050318 106,886.59 Flexible Reimbursement 0606-055036 20,172.10 Payroll Checking (ZBA account) 4159-281393 0.00 Police Petty Cash Fund 060-6050334 289.12 Section 108 1.610% Choice IV-Public Fund Account 410-0162239 94,731.95 200,000 11/14/06 3.060% FHLB 3.060 11/14/06 (Matured) 3133X6PD2 0.00 ISO Collateral Account Every30 300,000 Days 0.050% Certificate of Deposit 300-0311658 310,802.32 1,975,001 04/07/07 3.748% Certificate of Deposit 061-5202840 2,197,020.94 Covington Endowment Money Market Mutal Funds WFB 12847554 6,588.72 100,000 06/29/09 4.200% Certificate of Deposit - 25467JG21 WFB 25467JG21 104,217.72 TOTALS 4,508,631.62 CITY OF AZUSA TREASURER'S REPORT TREASURY INVESTMENTS MAY 31, 2007 Prepared by: Marcene Hamilton,Treasurer Coupon Maturiry Settlement Markel Price Broker Face Amount Description Rata Dale Acc6Cusip No. Data Principal' (Changes Market Value" Monthly) City of Azusa Investments - AAA Rated Federal Agency Bonds Gifford 2,000,00D.00 FHLMC 4.050092417 4.050% 0924/07 3128X36R9 071115 1999375.00 99.639000 1,992780.00 Higgins 2,000,000.00 FHLB 5.05011112007 5.050% 10/1117 3133XF4M5 04/1116 2,000,000.00 99.938000 1998760.00 Gifford 1,000000.00 FHLMC 4.3751011W07 4.375% 111817 3128X4NUi 10/18/05 1000,000.00 99.689000 996890.00 Gifford 1,000,000.00 FHLB 4.900112117 4.900% 112117 3133XDTWI 0212/06 998905.00 99.813000 998130.00 Higgins 2DUD0W.00 FHLMC 5.05002!72/08 5.050% 0222JOB 3128X4H79 032316 1996,300.00 99.602000 1996000.00 Gifford 1000000.00 FHLMC 530004/11/08 5.300% 04/1118 3128X4261 051216 998750.00 . 99.908000 999080.00 Gifford 2000000.00 FHLMC 3.625411718 3.625% 04/1718 312BX04M8 0411713 1,994000.00 98.542000 1.97D.340.00 GiffordE FHLB 3.0000611fl18 3.000% 0611818 31339MA3 0611913 2003125.00 97.688000 1953760.00 WFB FHLB 3.0000711418 3.000% 07/14/08 31M9YM9 07/14/03 2500000.00 97.631000 2438275.W WFB0 FHLB 4.020112118 4.020% 112118 3133MYW8 052113 5000000.00 98.188000 4909400.00 WFB0 FHLB 4.30007/1419 4.300%' 0711419 3133XCDO3 0711415 2000000.00 98.344000 1%6880.00 Gilford0 FHLB 4.35009/01/09 4.350% 09101109 3133X8C26 091114 2000000.00 98.281000 1.965620.00 GilfordO FHLB 4.20012/15/09 4.200% 12/15109 3133XSN48 1211514 2000000.00 97.844000 1956880.00 Higgins 2000000.00 FHLB 5.5000528110 5.500% 052NIO 3133XFPV2 05.30106 2000000.00 100.094000 2001880.00 Higgins 2000000.00 FHLMC 5.250224111 5.250% 0224111 3128X4N56 0&14106 1982,640.D0 93.525000 1990500.00 Wachovia 2000000.00 FNMA 5.7500619/11 5.750% OCJ09/11 31359MPOD 06/09/06 2000000.D0 100.344000 2006880.0 Higgins 2 000 OOO.OD FHLB 5.1250 0330112 5.125% 03/30/12 31=100 4 0313107 2,000,000.0 98.87500D 1 977 500.00 Gifford! 1.000000.00 FHLMC 5.45D 05/14110 5.450% 05114/10 312BX55R5 05/14/07 1,000000.00 99]56000 997560.00 Wachovia 2.000000.00 FHLB 5.12501124110 5.125% 1124/10 3133XKVSI 0524/07 1995WO.00 99.406000 1988120.00 Wachovia 2.000 000.00 FHLB 5.25010/14/11 5.250% 1114111 3133XHET505191] 1,99900.00 99.344000 1986880.00 Higgins 2,000,000.00 FHLB 5.2500521/12 5.250% 0521/12 3133XKWM3 0521107 2.000,000.00 as 18BXO 1,983,760.00 TOTALS 41,500,000.00 41,467,695.00 41,076,416.00 Light&Water Rate Stablizatlon Fund Investments - AAA Rated Federal Agency Bonds WFB 3,ODOOW.X I FHLB 3.5000211218 3.500% 02/1218 313 MND1 02J121D4 3000000.00 98.750W0 2962500.00 WFS 3000000.00 FHLB 4.000101818 4.000% 101818 3133X1HZ3 101813 3000000.00 98.313000 2949390.00 WFB 3,215,000.W FHLB 4.150041019 4.150% 043019 3133XAAW6 0413014 3,215,000.00 98.125000 3.154.718.75 TOTALS 9,215,000.00 9,215,000.00 1 9,066,608.75 LAIF LOCAL AGENCY INVESTMENT FUND 5.170% N/A N/A N/A 17,762,044.90 100.00000017,762,040.90 WFB THIRD PARTY CUSTODIAL TRUST ACCT 5.060% N/A WA I NIA 1 6,616,60&30 1 1WDX0006,816,608.33 TOTAL INVESTMENTS IN FEDERAL AGENCIES,LAIF,and WFB INSTITUTIONAL TRUST 75,260,348.23 74,720,676.98 _ INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From July 1,2006) 3,293,033.73 "The-Pdndpar column reflects the balance on the last day of the month or the-histonral cost spent to purchase a sewmy. - -The'Manaet Value' is the current price at which a sewnly can be traded or sold. Treasurer Repos-May 2007 6202D07 7:10 PM CITY OF AZUSA TREASURER'S REPORT OF INTEREST PAYMENTS 'REASURY INVESTMENTS Thru May 31, 2007 repared by: Marcene Hamilton, Treasurer Scheduled Scheduled Interest Face Amount Net Amount Coupon Maturity Acct/Cusip No. Payment Annual Semi-Annual Received Rate Date Schedule Interest Payment Fiscal Year to Earnings Amount Date" :ity of Azusa Investments - AAA Rated Federal Agency Bonds 1,000,000.00 1,000,180.00 3.500% 08/15/06 3133MQSS4 Matured 17,325 17,500 17,325.28 1,000,000.0D 997,693.33 3.125% 09/15/06 3133X9UG3 Matured 17,932 15,625 17,931.67 1,000,000.00 1,000,000.00 4.000% 01/26/07 3133XCHLO Matured 40,000 20,000 40,000.00 1,000,000.00 1,000,000.00 4.500% 04/18107 . 3128X4QU8 Matured 4/18 45,000 22,500 45,000.00 5,000,000.00 5,000,000.00 3.100% 05/21/07 3133MYQ67 11/21 &5/21 155,000 77,500 155,000.00 2,000,000.00 2,000,000.00 . 5.375% 06/22/07 3133XFQE9 Called 26,875 26,875 26,875.00 2,000,000.00 2,021,200.00 4.050% 09/24/07 3128X36R9 9/24 &3/24 81,000 40,500 81,000.00 2,000,000.00 2,000,000.00 5.050% 10/11/07 3133XF4M5 10/11 &4/11 101,000 50,500 101,000.00 1,000,000.00 1,000,000.00 4.375% 10/18/07 3128X4NU1 10/18&4118 43;750 21,875 43,750.00 1,000,000.00 1,008,568.89 4.900% 11/21/07 3133XDTW1 11/21 & 5/21 49,000 24,500 49,000.00 2,000,000.00 2,004,997.22 5.050% 02/22/08 3128X4H79 8122&2/22 101,000 50,500 101,000.00 1,000,000.00 1,001,841.67 5.300% 04/11/08 312BX4Z61 10111 &4/11 53,000 26,500 53,000.00 2,000,000.00 1,994,000.00 3.625% 04/17/08 3128XO4M8 10117&4/18 72,500 36,250 72,500.OD 2,000,000.00 2,003,125.00 3.000% 06/18/08 31339XJA3 12119&6/19 60,000 30,000 30,000.00 2,500,000.00 2,500,000.00 3.000% 07/14/08 31339Y2X9 7114& 1/14 75,000 37,500 75,000.00 5,000,000.00 5,000,000.00 4.020% 11/21/08 3133MYKV8 11/21 &5/21 201,000 100,500 201,000.00 2,000,000.00 2,000,000.00 5.500% 04/24/09 3133XFBPO 10124&4/24 110,000 55,000 110,000.00 2,000,000.00 2,000,000.00 4.300% 07/14/09 3133XCD03 7114 & 1/14 86,000 43,000 86,000.00 2,000,000.00 2,000,000.00 4.350% 09/01/09 3133XBC26 911 &3/1 87,000 43,500 87,000.00 2,000,000.00 2,000,000.00 4.200% 12/15/09 3133X9N48 12/15&6/15 84,000 42,000 42,000.00 2,000,000.00 2,000,000.00 5.625% 04/27/10 3133XFCE4 Called 4/27 112,500 56,250 112,500.00 2,000,000.00 2,000,000.00 5.500% 05/28/10 3133XFPV2 11/28&5/28 110,000 55,000 109,388.89 2,000,000.00 21014,723.33 5.250% 02/24/11 3128X4N56 8124&2/24 105,000 52,500 105,000.00 2,000,000.00 2,000,000.00 6.000% 05/24/11 3136F71363 Called 60,000 60,000 60,000.00 2,000,000.00 2,000,000.00 6.000% 05/25/11 31359MN58 11/25 &5125 120,000 60,000 120,000.00 2,000,000.00 2,000,000.00 5.750% 06/09/11 31359MP80 12/9 & 6/9 115,000 57,500 57,500.00 2,128,882 1,123,375 1,9.98,770.84 .ight&Water Stablization Fund Investments-AAA Rated Federal Agency Bonds 3,000,000.00 3,000,000.00 3.500% 02/12/08 3133X3ND1 8/12&2/12 1 105,000.00 1 52,500.00 105,000.00 3,000,000.00 3,000,000.00 4.000% 10/08/08 3133X1 HZ3 1018&4/8 120,000.00 60,000.00 120,000.00 3,215,000.00 3,215,000.00 4.150% 04/30/09 3133X6AW6 10130&4/30 133,422.50 66,711.25 133,422.50 9,215,000.00 358,422.50 356,422.50 -ocal Agency Investment Fund-Liquid Asset 17,762,044.90 1 5.170% 1 N/A N/A Quarterly Per Balance and Rate 932,044.19 Nells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset 6,815,608.33 1 1 5.060% N/A . N/A Quarterly I Per Balance and Rate 3,796.20 TOTAL INTEREST EARNED 3,293,033.73 'Fiscal Year: July 1 -June 30 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MARCENE HAMILTON, CITY TREASURER DATE: JULY 2, 2007 SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES FOR THE MONTH OF MAY 2007 RECOMMENDATION: It is recommended that the Council Members receive, review, and file the City Treasurer's Report for the City of Azusa for the month of MAY 2007. BACKGROUND: Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa for the month of MAY 2007. City investments are made in accordance with the City's Investment Policy adopted and approved with Resolution No. 05 - C16 dated, June 18, 2007 and Government Code Section 53600 et seq. FISCAL IMPACT: The balances of cash, investments, and projected revenues for the next six months are expected to be sufficient.to meet cash disbursement requirements of the City for at least the next six months. nCONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS V e FROM: BRUCE COLEMAN, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT VIA: F.M. DELACH, CITY MANAGER DATE: JULY 2, 2007 SUBJECT: EXTENSION OF TERMS OF PROFESSIONAL SERVICES AGREEMENT WITH B/R PARTNERS RECOMMENDATION It is recommended that the City Council approve an amendment to the existing B/R Partners agreement, including extension to June 30, 2008, and authorize the Mayor to sign the amended agreement. BACKGROUND The City Council approved an agreement with B/R Partners to engage Mr. Roy Bruckner as the City's Project Manager for the Rosedale project on August 2, 2004. Mr. Bruckner has served in this capacity for the past three years, has broad experience in managing the Rosedale project, and has provided all of the items listed in the Scope of Services. The agreement provides that the term may be extended for such additional time period as may be agreed upon in writing. The agreement also provides for termination by the City without cause by seven day written notice. FISCAL IMPACT There is no fiscal impact as a result of this item. All expenses related to the B/R Partners Contract are fully reimbursed by Azusa Land Partners. Up to an additional $100,000 in expenses are anticipated to cover the costs of this service for this fiscal year. Total expenses to date on this service are $360,000 over last 3 years. CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 2nd day of August, 2007, by and between the City of Azusa, a municipal organization organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard,Azusa, California 91702-1295 ("City") and B/R Partners,a Corporation with its principal place of business at 3529 Padua Avenue, Claremont, CA 91711 ("Consultant"). City and Consultant are sometimes individually referred to as "Party"and collectively as"Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing planning and project management services to public and private clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the Monrovia Nursery Specific Plan and project ("Project') as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials,tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional planning and project management consulting services necessary for the Project("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with,this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws,rules and regulations. 3.1.2 Term. The term of this Agreement shall be from August 1, 2007 to August 1, 2008, unless earlier terminated as provided herein. Term may be extended for such C:\Temp\XPgrpwise\Bmc}merProfSvcAgrmt doc additional time period as mutually agreed-upon in writing. Consultant shall complete the Services within the term of this Agreement as the project demands, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates: Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means,methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes,income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously,within the term of this Agreement as set forth in Exhibit "A" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall a detailed schedule of anticipated performance. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement is Roy Bruckner. 3.2.5 City's Representative. The City hereby designates Francis Delach, City Manager, or his designee,to act as its representative for the performance of this Agreement C:\Temp\XPgrpwise\BmclmerPmfSvcAgmtdoc ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any - person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Roy Bruckner, or his or her designee,to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services,using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employ. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws,rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws,rules or regulations. C1Temp\XPgrpwiselBmclaerProfSvcAgrtntdoc 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives,employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); and (2)Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); or, in lieu of General Liability,Automobile Liability Insurance with the City of Azusa and the City of Azusa Redevelopment Agency listed as additional insured; and(3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. . (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident for bodily injury or disease. 3.2.10.3 Not Used. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liabilitv. The general liability policy shall be endorsed to state that: (1) the City, its directors,officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations C:1TempWgpwise\Bmcknerpro6vcAgcmt.doc performed by or on behalf of the Consultant, including materials,parts or equipment furnished in connection with such work; and (2)the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1)the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance,use, loading or unloading of any auto owned, leased, hired or borrowed by the . Consultant or for which the Consultant is responsible; and (2)the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers,employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by.the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and"m lovers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverage. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail,return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds:No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1)the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or(2)the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with C:\TempVQ'grpwisdBmcknerPmfSvcAgrmt.doc insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall fa nish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11 Safetv. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. Incarrying out its Services,the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and(C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference, for the number of hours that the Project demands, as determined and approved by the City Manager or his or her designee. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall,within 45 days of receiving such statement,review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall be reimbursed for out-of- pocket expenses as set forth in Exhibit`B". 3.3.4 Extra Work. At any time during the term of this Agreement, City may C:\Temp4)Pgrpwise\BmcknerPro6vcAgrmt.doc request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project,but which . the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for,' Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3)years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven(7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen(15) days of the request. 3.5.1.3 Additional Services. In'the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. C:1TemplXPgrpwise\BmeknerprofSveAgrtutdoc i I 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: B/R Partners, Inc. 3529 Padua Avenue Claremont, CA 91711 Attn: Roy Bruckner, President City: City of Azusa 213 East Foothill Blvd. Azusa, CA 91702-1295 Attn: Francis Delach, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred,regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensina of Intellectual Properiy. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents& Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents &Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas,memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data,written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. C:\Temp\XPgrpwisc\BmctmerProSvcAgrmt.doc Such materials shall not,without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known,to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper,television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation, Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any.additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either parry_commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall indemnify,hold harmless, and defend City, its Council, officers, agents and employees from and against any and all claims and losses, costs or expenses for any damage resulting in death or injury to any person and/or injury or damage to any property resulting from any act, omission, or willful misconduct of Consultant or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such cost and expense shall include reasonable attorney fees. Notwithstanding the above paragraph, and as a separate and independent covenant and obligation, Consultant shall indemnify and hold harmless, but not defend City, its Council, officers, agents and employees from and against any damage, liability, loss, cost, or expense, (excluding personal injury or property damage which is included in the above paragraph)which arise out of Consultant's negligent performance of services under this Agreement provided that such liability, loss, cost, or expense, is caused by the negligent act or omission of consultant or any of its officers, employees, servants, agents, or subcontractors in performance of this Agreement. Consultant's obligation for such indemnity and hold harmless under this paragraph shall not include any obligation to defend City, its Council, officers, agents or employees against include any actions or claim brought by any person. Consultant's obligation to indemnify City shall include reasonable attorney fees if Consultant is found to have been negligent in performance of services under this Agreement. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. C:hempVXPgrpwise\BmcknerProfSvcAgrmt doe 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign,hypothecate, or transfer, either directly or by operation of law,this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction, References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment, Modification. No supplement,modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver,benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity, Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant,to solicit or secure this Agreement. Further, Consultant warrants that it has not C:\Temp\XPgrpwise\BmcknerProtSvcAgrmt.doc paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to.rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Ooportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include,but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Aereement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts,.if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. C:1Temp\XPgrpwise%Bmc]merProfSvcAgrmt.doc CITY OF AZUSA B/R PARTNERS, INC. By: By: Francis Delach Roy Bruckner City Manager President Attest: City Clerk Approved as to Form: Best Best& Krieger LLP City Attorney C:\Temp\7Pgrpwise\BmclmerprofSvcAgrmt.doc 1 EXHIBIT"Alt SCOPE OF SERVICES B/R Partners,Inc. This Scope of Services describes the project management activities that B/R Partners will provide in order to assist the City of Azusa with the implementation of 517-acre master planned development, comprises of 1250 residential units, and up to 50,000 sq. ft. of retail space. Project management activities will include, but are not limited to the following, as the project demands. Coordination with: 1. Developers 2. Technical Consultants 3. City Department Heads 4. City Technical Staff 5. Other Agencies Assemble Consultant Team 1. Prepare Requests for Qualifications and Requests for Proposals 2. Evaluate Consultant qualifications and proposals 3. Prepare contracts for retention of consultants and for approval by City Council Contract Mann e¢ ment 1. Ensure consultant's adherence to scopes of work, and compliance with provisions of contracts 2. Track consultant billings, invoices, and payments Organize and Conduct Meetings 1. Community 2. Technical 3. City Department heads 4. Other Agencies Analysis and Review 1. Analyze grading plans,site plans,architectural designs,agreements,studies and reports 2. Review and comment on developer/consultant-submitted studies and reports Public Hearings 1. Analyze development proposals and prepare reports 2. Process subdivision maps and Precise Plans of Design applications for consideration by Planning Commission and City Council 3. Attend hearings before the Planning Commission and City Council and present staff reports i RVPUBWGSl544364 ^-1 r Prepare Status and Update Reports On an as needed basis, but initially thought to be as follows: 1. Monthly in the Community newsletter 2. Bi-weekly in the Council Update 3. Quarterly presentation to the City Council RVPUBWGS\544364 A-2 i 1 ExHIBrr "B" COMPENSATION B/R Partners;Inc. Services described herein shall be compensated at the following rates: Hourly Rate Roy Bruckner, President $125 Principal $110 Associate Planner $ 80 Clerical $ 35 Out of pocket expenses (includes UPS, cell phone charges, etc.) Actual cost RVPUBWGS044364 C-1 { r U , AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CIN COUNCIL FROM: ALAN KREIMEIER, ADMINISTRATIVE SERVICES DIRECTOR/ CFO VIA: F. M. DELACH, CITY MANAGER DATE: JULY 2, 2007 SUBJECT: DISTRIBUTION OF FISCAL YEAR 2007-08 CAPITAL IMPROVEMENT PROGRAM AND BUDGET FOR COUNCIL REVIEW RECOMMENDATION: It is recommended that the City Council receive and file for review the proposed Capital Improvement Program (CIP) and budget for fiscal year 2007-08. BACKGROUND: The full CIP, attached to this report, includes new projects as. well as projects approved in the prior years budget but incomplete when the new fiscal year began (carryovers). There are thirteen new projects for FY 2007-08 and one ongoing project requesting additional funding. The CIP is being distributed at this time for Council to have an opportunity. to review and comment back to staff prior to anticipated adoption at the July 16 Council meeting. The proposed CIP Budget includes $2.1 million for the 5`" year of the Pavement Management Program, which will require $600,000 in General Fund reserves, as well as $250,000 for sidewalk/ concrete construction and repairs (if necessary grant funds can be secured). Additionally, the CIP request includes $200,000 from the Public Works Endowment Fund to Rehabilitate the National Guard Armory for recreational and community use. FISCAL IMPACT: Approval of funding for new and carryover capital projects as identified in the attached Capital Projects Appropriation Summary would result in all funds capital appropriations of $55,639,229 for FY 2007-08.., ATTACHMENTS: 1 . FY 2007-08 Capital Projects Appropriations Summary 2. Project Budget Request Forms 3. FY 2006-07 Carry Over Project Funding Q.'Ap.da ft m.\V00ACIP/Age.tl Staff Rpt 07.doc 2 ATTACHMENT FY 2007-08 CAPITAL PROJECTS APPROPRIATION SUMMARY Capital I utility Facilities General Gas Tax Prop C Park-in-Lieu Projects Water Sewer Mitigation Endowment Dept. I Project Description J Project Cost New Pro'ects for 2007/08 Admin.Svcs. Office Relocation to L&W Bldg. 60,000 60,000 PW Concrete Replacement 250,000 250,000 PW Pavement Management Year V 2,100,000 600 000 320,000 1,180,000 PW City-Wide Traffic Signal S nchronizaflon 100,000 100,000 PW Alosta/Foothill Intersection 1,100,000 1100,000 PW Enid Storm Drain 400,000 400,000 PW 5th and Virginia Sewer Line 1 25,000 25,000 Recreation Amlory Renovation 200,000 200 000 Recreation Veterans Park-Trail System 40,000 1 21,000 19,000 Recreation Northside Park Irrigation Upfjc ade 145,000 145,000 Recreation Northside Park-Walkino Path 9,500 9,500 Recreation Zacatecas Seating Wall 29,000 29,000 Recreation Refurbish Senior Center Rec.Room '15,000 15 000 a Water SCADA/Fiber Line Extnsion (Project 72101 G) ' 215,000 215,000 4.688,500 600,000 320,000 1,100.000 30.500 -79-8000 360 000 425,000 1 180 000 275,000 '!Additional appropriation re uested for FY 2007-08. Qt Agmda hems WnCIP Protects-2W Nanrev.l Seven Year Capital Improvement Program (CIP) Project Budget Request Form Project Title: Light and Water Office Renovation Category: Essential CIP Number: New Location: Light and Water Building Lead Department: Rec. &Family Services Project No: Initiated By: Joe Jacobs Total Cost: $60,000 Initial Submittal Date: 4/5/2007 Start Date: 7/1/2007 Description of Improvements: Project Priority within CIP Category: This project would allow for the renovation of the Light and Water Building to allow for the relocation of Finance Division and Business LicenseX❑ Essential (start within 1 yr.) Staff from City Hall. ❑ Necessary (start within 1 to 3 yrs.) Justification or Significance of Improvement: By moving Finance and Business License Staff to the Light and Water Building,customer service ❑ Desirable (start within 3 to 5 yrs.) will be improved. ❑ Deferrable (start within 5 to 10 yrs.) Capital Budget Cost P� g _.� ' (Non-Recurring Costs) 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Totals Planning/Design 0 Land/ROW/Acquisitions - - • - — Construction $60,000 $60,000 Equipment/Furnishings $0 Other Costs 0 Total Cost $60,000 0 00 0 0 0,000 Project Staffing Costs 4 Fund Source Fund No. Endowment Fund $60,000 $60,000 $0 $0 $0 $0 $0 $0 $0 $0 0 ,AnnuaMp—erating& Maintenance Cost Funding Limitations: Comments: Sever: Year Capital Improvement Program (CIP) Project Budget Request Form Project Title: City Wide Concrete Repair Category: Essential CIP Number: New Location: City Wide Lead Department: Public Works Project No: Initiated By: Public Works Total Cost: $1,750,000 Initial Submittal Date: 6/1/07 Start Date: 7/1/07-6/30/08 Description of Improvements: Projectrriority within CIP Category: To repair and rebuild City sidewalks and gutters throughout Azusa. X❑ Essential (start within t yr.) ❑ Necessary (start within 1 to 3 yrs.) Justification or Significance of Improvement: There are a number of sidewalks and curb/gutters that are in need of repair and rebuilding ❑ Desirable (start within 3 to 5 yrs.) throughout the City due to age and or invasive tree root growth. ❑ Deferrable (start within 5 to t0 yrs.) Capital Budget Cost _ Fiscal�Year"Jul"}1Jurie°30,. (Non-Recurring Costs) 2007/08 2008/09 1 2009/10 2010/11 2011/12 2012/13 2013/14 Totals Planning/Design 0 Land/ROW/Acquisitions $0 Construction $250,000 $250,000 $250,000 $250,000 $250,000 !25004,0002500',000000m $1,750,000 Equipment/Furnishings $0 Other Costs 0 Total Cost $250,000 250,000 250,000 250,000 250,000 $1,750,000 Project Staffing Costs Fund Source Fund No. Capital Projects $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000"$0 $0 $0 $0 $0 $0 $0 0 Annual Operating & Maintenance Cost Funding Limitations: Comments: Will also search for appropriate grant funds. Seven Year Capital Improvement Program (CIP) Project Budget Request Form Project Title: Pavement Mgmt. Yr. 5 Category: Essential CIP Number: New Location: City Wide Lead Department: Public Works Project No: Initiated By: James Makshanoff Total Cost: $2,500,000 Initial Submittal Date: 4/5/2007 Start Date: 7/1/2007 Description of Improvements: Project Priority within CIP Category: Repavement of over 15 miles of City Streets in the southern section of the City. X❑ Essential (start within 1 yr.) ❑ Necessary (start within 1 to 3 yrs.) Justification or Significance of Improvement: ^ The Pavement Management Plan was put into place in 2002, the City is now about to finish ❑ Desirable (start within 3 to 5 yrs.) the last year in the plan.After Year 5 is completed, 85% of the City's street will have been renaved. 1 ❑ Deferrable (start within 5 to 10 yrs.) F. m „ Capital Budget Cost _ f$istlh Ogr,Juj.kM_J„ttrle0, \ (Non-Recurring Costs) 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Totals /-Q3 Planning/Design so Land/ROW/Acquisition $0. \. Constructio $2,500,000 ($2,500,000 � /1 Equipment/Fumishings $0 / v Other Costs 0 Total Cot 500,00 0 0 0 0 0 0 2,500,000 Project Staffing Costs Fund Source Fund No. $0 Gas Tax $320,000 $320,000 Utility Mitigation $1,180,000 $1,180,000 $600,000 $600,000 $0 $0 $0 $0 $0 0 Annual O eratmg & Maintenance Cost so Funding Limitations: Comments: Seven Year Capital Improvement Program (CIP) Project Budget Request Form Project Title: City Wide Traffic Signal Synchronization Category: Essential CIP Number: New Location: City Wide Lead Department: Public Works Project No: Initiated By: Public Works Total Cost: $400,000 Initial Submittal Date: 6/1/07 Start Date: 7/1/07-6/30/08 Description of Improvements: Project Priority within CLP Category: To resynchronize traffic signals throughout the City. X❑ Essential (start within 1 yr.) ❑ Necessary (start within t to 3 yrs.) Justification or Significance of Improvement: To improve the flow of traffic throughout the City. ❑ Desirable (start within 3 to 5 yrs.) ❑ Deferrable (start within 5 to to yrs.) Capital, Budget Cost FiscalsXeaf�July 1 June Q, __,_ . . . _ wM___.__ (Non-Recurring Costs) 2007/08 2008/09 2009/10 1 2010/11 1 2011/12 1 2012/13 1 2013/14 Totals Planning/Design 0 Land/ROW/Acquisitions $0 Construction $100,000 $300,000 $0 $0 $0 $0 $0 $400,000 Equipment/Furnishings $0 Other Costs 0 Total Cost $100,000 300,000 400,000 Project Staffing Costs Fund Source Fund No. STPL $100,000 $300,000 $400,000 $0 $0 $0 $0 $0 $0 $0 $0 0 Annual Operating &Maintenance Cost Funding Limitations: Comments: Seven Year Capital Improvement Program (CIP) Project Budget Request Form Project Title: Alosta/Foothill Intersection Category: Essential CIP Number: New Location: Alosta/Foothill Lead Department: Public Works Project No: Initiated By: James Makshanoff Total Cost: $1,100,000 Initial Submittal Date: 4/5/2007 Start Date: 7/1/2007 Description of Improvements: Project Priority within CIP Category: Improve the intersection at Alosta and Foothill. X❑ Essential (start within 1 yr.) ❑ Necessary (start within 1 to 3 yrs.) Justification or Significance of Improvement: Improve the intersection at Alosta and Foothill. ❑ Desirable (start within 3 to 5 yrs.) This will improve the traffic flow at this intersection. ❑ Deferrable (start within 5 to 10 yrs.) Capital Budget Cost _, _ FisGal�'aal-7y1 =�Jij34,_ ' (Non-Recurring Costs) 2007/08 2008/09 1 2009/10 2010/11 2011/12 1 2012/13 2013/14 Totals Planning/Design $200,000 $200,000 - . - -Land/ROW/Acquisitions . -_ .- -- - $0 Construction $900,000 $900,000 Equipment/Furnishings $0 Other Costs 0 Total Cost $1,100,000 0 0 00 0 0 1,1 ,000 Project Staffing Costs Fund Source Fund No. Prop C $1,100,000 $1,100,000 Metro $0 TDA $0 CDBG $0 $0 $0 $0 $0 $0 Annual Operating & Maintenance Cost so Funding Limitations: Comments: Seven Year Capita!Improvement Program (CIP) Project Budget Request Form Project Title: Enid Storm Drain Category: Essential CIP Number: New Location: Enid Street Lead Department: Public Works Project No: Initiated By: James Makshanoff Total Cost: $400,000 Initial Submittal Date: 4/5/2007 Start Date: 7/1/2007 Description of Improvements: Project Priority within CIP Category: Install new storm drain. X❑ Essential (start within 1 yr.) ❑ Necessary (start within 1 to 3 yrs.) Justification or Significance of Improvement: Improve water flow to prevent flooding. ❑ Desirable (start within 3 to 5 yrs.) ❑ Deferrable (start within 5 to 10 yrs.) w y Capital Budget Cost (Non-Recurring Costs) 2007/08 2008/09 2009/10 2010/11 2011/12 1 2012/13 2013/14 . Totals Planning/Design $50,000 $50,000 Land/ROW/Acquisitions $0 Construction $350,000 $350,000 Equipment/Furnishings $0 Other Costs 0 Total Cost $400,000 0 0 0 0 0 0 400,000 Project Staffing Costs Fund Source Fund No. $0 Grant EPA $400,000 $400,000 $0 $0 $0 $0 $0 $0 $0 Po— Annual Operating & Maintenance Cost 0 Funding Limitations: Comments: Seven Year Capital Improvement Program (CIP) Project Budget Request Form Project Title: 5th Street/Virginia Ave. Sewer Line Category: Essential CIP Number: New Location: 5th Street and Virginia Ave. Lead Department: Public Works Project No: Initiated By: James Makshanoff Total Cost: $25,000 Initial Submittal Date: 4/7/2007 Start Date: Description of Improvements: rroject Priority within CIP Category: To re-line an aging sewer line that is suffering from erosion and root intrusion. X❑ Essential (start within 1 yr.) The sewer line is approximately 300 feet long. ❑ Necessary (start within 1 to 3 yrs.) Justification or Significance of Improvement: The sewer line is in in constant need of repair and is potentially leaking underground. ❑ Desirable (start within 3 to 5 yrs.) ❑ Deferrable (start within 5 to 10 yrs.) Capital Budget Cost ., FiseglYear?J.itly7, June+30, (Non-Recurring Costs) 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Totals Planning/Design 0 Land/ROW/Acquisitions $0 Construction - -$25 000 $25,000 Equipment/Furnishings $0 Other Costs 0 Total Cost $25,000 $25,000 Project Staffing Costs Fund Source Fund No. $0 Sewer Fund $25,000 $25,000 $0 $0 $0 $0 $0 $0 $0 —3-0— Annual Operating &Maintenance Cost Funding Limitations: Comments: Seven Year Capita!Improvement Program (CIP) Project Budget Request Form Project Title: .Armory Renovation Category: Essential CIP Number: New Location: Armory Lead Department: Rec. &Family Services Project No: Initiated By: Joe Jacobs Total Cost: $200,000 Initial Submittal Date: 4/5/2007 Start Date: 7/1/2007 Description of Improvements: Project Priority within CIP Category: This project would allow for the renovation of the new jewel of the Recreation and Family Services Department,the National Guard Armory. The renovation would result in a north campus gymnasiumX❑ Essential (startwithin 1 yr.) and multi-use building to facilitate the growing community's recreation needs. ❑ Necessary (start within 1 to 3 yrs.) Justification or Significance of Improvement: The Department has signed a one-year lease agreement with the State for the use of the armory ❑ Desirable (start within 3 to 5 yrs.) on January 25,2007. It is anticipated that a long term agreement would immediately follow the expiration of the short-term agreement, ❑ Deferrable (start within 5 to 10 yrs.) Budget Cost Bud Capital fiisemTalk�ear"- P� g (Non-Recurring Costs) 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Totals Planning/Design Land/ROW/Acquisitions $0 Construction $200,000 $200,000 Equipment/Fumishings $0 Other Costs Total Cost $200,000 0 0 0 0 0 0200,000 Project Staffing Costs Fund Source Fund No. Endowment Fund $200,000 !7$0 $0 $0 $0 $0 $0 0 Annual Operating &Maintenance Cost $50,000 Funding Limitations: Comments: Seven Year Capital Improvement Program (CIP) Project Budget Request Form Project Title: Life Trail System Category: Essential CIP Number: New Location: Veteran's Freedom Park Lead Department: Rec. &Family Services Project No: Initiated By: Joe Jacobs Total Cost: $40,000 Initial Submittal Date: 4/5/2007 Start Date: 7/1/2007 Description of Improvements: Project Priority within CIP Category: This project would consist of the installation of a life trail, six station fitness system and walking path around the perimeter of Veteran's Freedon Park. X❑ Essential (start within 1 yr.) ❑ Necessary (start within 1 to 3 yrs.) Justification or Significance of Improvement: Fitness and wellness have certainly grown in popularity in the community and ❑ Desirable (start within 3 to 5 yrs.) such a project would allow us to continue to facilitate that demand. ❑ Deferrable (start within 5 to 10 yrs. Capital Budget Cost a� ss°a`lear, J ). (Non-Recurring Costs) 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Totals Planning/Design 0 Land/ROW/Acquisitions .. - - $0-. Construction $40,000 $40,000 Equipment/Furnishings $0 Other Costs 0 Total Cost $40,000 0 0 0 40,000 Project Staffing Costs Fund Source Fund No. Quimby $21,000 $21,000 Senior Advisory Board $2,000 $2,000 Nutrition Site Council $2,000 $2,000 Adult Education $5,000 $5,000 Health and Wellness Grant $5,000 $5,000 Park Improvements(6805) $5,000 $5,000 $0 $0 $0 0 Annual b7perating & Maintenance Cost 0 Funding Limitations: Comments: Seven Year Capital Improvement Program (CIP) Project Budget Request Form Project Title: Cal Sense Irrigation Installation Category: CIP Number: Location: Northside &Pioneer Parks Lead Department: Rec. & Family Services Project No: Initiated By: Joe Jacobs Total Cost: $220,000 Initial Submittal Date: 4/5/2007 Start Date: 7/1/2007 Description of Improvements: Project Priority within CIP Category: This project would consist of adding he design and installation of the Cal Sense Irrigation Systems at Northside and Pioneer Parks respectively. The state-of-the-art water X❑ Essential (start within 1 yr.) management system would replace the antiouated systems at these current facilities. Justification or Significance of Improvement: ❑ Necessary (start within 1 to 3 yrs.) Recent completed construction project at Zacatecas Park and future projects at Rosedale will include Cal Sense Irrigation Systems. The design and installation of the Cal Sense System at these ❑ Desirable (start within 3 to 5 yrs.) two sites woud allow the department to move further toward the goal of incorporating each of the Citv's Darks into the new system. ❑ Deferrable (start within 5 to 10 yrs.) Capital Budget Cost F.is-UYe JiYI''Ur rupe 3�: . . (Non-Recurring Costs) 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Totals Planning/Design 0 Land/ROW/Acquisitions $0 Construction $145,000 $75,000 1 $220,000 Equipment/Fumishings $0 Other Costs 0 Total Cost 145,000 75,000 0 0 0 0 0 220,000 Project Staffing Costs Fund Source Fund No. Light&Water Public Benefit $145,000 $75,000 $220,000 $0 $0 $0 $0 $0 $0 $0 $0 0 Annual Operating &Maintenance Cost so I Funding Limitations: Comments: Seven Year Capital Improvement Program (CIP) Project Budget Request Form Project Title: Walking Path Category: Essential CIP Number: New Location: Northside Park Lead Department: Rec. & Family Services Project No: Initiated By: Joe Jacobs Total Cost: $9,500 Initial Submittal Date: 4/5/2007 Start Date: 7/1/2007 Description of Improvements: Project Priority within CIP Category: This projects consists of adding a concrete sidewalk on the north, east and west ends of the Frisbee golf course at Northside Park which would compliment the existing sidewalk on the south end. Following X❑ (Essential (start within 1 yr.) concrete installation,the new pathwould receive appropriate maps and sinage in an effort to assist patrons with their fitness goals and objectives. ❑ Necessary (start within 1 to 3 yrs.) Justification or Significance of Improvement: Walking paths have been installed on the south end of town and have been embraced very well. This is an ❑ Desirable (start within 3 to 5 yrs.) inexpensive opportunity to add an amentity to an existing location(Northside Park Frisbee golf course)that would compliment the current use while catering to the increasing fitness and wellness goals of a growing community ❑ Deferrable (start within 5 to 10 yrs.) i Capital Budget CostealJYear�]itl ;d, iJufie73 f p (Non-Recurring Costs) 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Totals Planning/Design - -f0-Land/ROW.-/Acquisitions _ : . $0. Construction $9,500 $9,500 Equipment/Fumishings $0 Other Costs p Total Cost 9,500 0 0 0 0 0 0 9,500 Project Staffing Costs Fund Source Fund No. Quimby(Park In-Lieu) $9,500 $9,500 $0 $0 $0 $o $0 $0 $0 $0 0 nnual Operating Maintenance Cost 0 Funding Limitations: Comments: Seven Year Capital Improvement Program (CIP) Project Budget Request Form Project Title: Zacatecas Park Seating Wall Category: Essential CIP Number: New Location: Zacatecas Park Lead Department: Rec. &Family Services Project No: Initiated By: Joe Jacobs Total Cost: $29,000 Initial Submittal Date: 4/5/2007 Start Date: 7/1/2007 Description of Improvements: Project Priority within CIP Category: This project would consist of the installation of a 20" seating wall on approximately 180 linear feet adjacent to the sidewalk on the multi-purpose athletic field at Zacatecas Park. The X❑ Essential (start within 1 yr.) wal I would be covered with a river rock fagade to match existing amenities at Zacatecas Park. ❑ Necessary (start within 1 to 3 yrs.) Justification or Significance of Improvement: The seating wall at Zacatecas Park would serve multiple purposes,including spectator seating. However,the ❑ Desirable (start within 3 to 5 yrs.) chief focus would be for safety reasons,as the wall would provide a natural barrier to the slight slope on the existing playing area. This would"catch"run away balls,discouraging children from pursuing those errant balls into the street. ❑ Deferrable (start within 5 to 10 yrs.) Capital Budget Cost Eis'ca 4Year?July 1M.Jupe 30, � (Non-Recurring Costs) 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Totals Planning/Design 0 Land/ROW/Acquisitions $0 Construction $29,000 $29,000 Equipment/Furnishings $0 Other Costs 0 Total Cost 29,000 0mm� 0 00 0 0 29,000 Project Staffing Costs Fund Source Fund No. Capital Projects $29,000 $29,000 $0 $0 $0 $0 $0 $0 $0 $0 0 Annual O erating& Maintenance Cost so Funding Limitations: Comments: Project to be funded entirely through Kids Come First Golf Toum.proceeds Seven Year Capita[Improvement Program (CIP) Project Budget Request Form Project Title: Recreation Rm. Refurbishing Category: Essential CIP Number: New Location: Senior Center Lead Department: Rec. & Family Services Project No: Initiated By: Joe Jacobs Total Cost: $15,000 Initial Submittal Date: 4/5/2007 Start Date: 7/1/2007 Description of Improvements: Project Priority within CIP Category: This project would consist of replacing paint,wall paper,window coverings and other decorative accents in the billiards room and neighboring classrooms. X❑ Essential (start within 1 yr.) El Necessary (start within 1 to 3 yrs.) Justification m• Significance of Lnprovement: The Azusa Senior Center is celebrating its 20th year shortly,and the interior has not been altered from ❑ Desirable (start within 3 to 5 yrs.) its original state. Consequently,an aesthetic makeover and modernization are necessary to return these often used building areas to their pristine condition. ❑ Deferrable (start within 5 to 10 yrs.) Capital Budget Cost __ FasGalearlitiyl, (Non-Recurring Costs) 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Totals Planning/Design 0 Land/RO_W/Acquisitions - .. $0 Construction $15,000 $15,000 Equipment/Furnishings $0 Other Costs 0 Total Cost 15,000 0 0 0 0 0 0 15,000 Project Staffing Costs Fund Source Fund No. Endowment Fund $15,000 $15,000 $0 $0 $0 $0 $0. $0 $0 $0 0 Annual Aerating & Maintenance Cast 0 Funding Limitations: Comments: Seven Year Capital Improvement Program (CIP) Project Budget Request Form Project Title: SCADA and Fiber Line Extension Category: Essential CIP Number: #72101G Location: Hilltop Reservoir, Cypress Avenue Lead Department: L&W Project No: Initiated By: Total Cost: Initial Submittal Date: Start Date: Ongoing Description of Improvements: Complete upgrade of SCADA system and extend fiber optic line Project Priority within CIP Category: to Hilltop reservoir. Redo Cypress pressure reducing valve and upgrade battery backup. Project X❑ Essential (start within 1 yr.) included miscellaneous improvements not related to water treatment plant project. This is in addition to a previous project allocation in the last budget year. ❑ Necessary (start within 1 to 3 yrs.) Justification or Significance of Improvement: ❑ Desirable (start within 3 to 5 yrs.) Radio signals provided by the SCADA system provides a more reliable way to monitor and operate the water system. ❑ Deferrable (start within 5 to 10 yrs.) Capital Budget Cost Fiscal;T'eaT Jul1 "June 30; (Non-Recurring Costs) 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Totals Planning/Design Land/ROW/Acquisitions $0 Construction $0 Equipment/Furnishings $0 Other Costs so Total Cost=215,000 0 0 0 0 0 0 $215,000 Project Staffing Costs Fund Source Fund No. Water 32 $215,000 $215,000 $0 $0 $0 $0 $0 $0 $0 $0 0 Annual Operating & Maintenance Cost Funding Limitations: Comments: Additional funding request. Attachment 3 FY 2006-07 Carry Over Project Funding Balance Remaining Project A Project Description Project Cost 6-30-07 Carry Over Projects 11006A Renovate City Hall Admin 50,000 50,000 31007A Interior Paint @ PD 70,000 70,000 31007B Jail Renovation- PD 92,000 87,509 41007D Memorial park roof replacement 85,000 85,000 41007H Parks stem Restroom Remodel 40,000 11,760 410071 Pioneer Park Gazebo 25,000 22,846 42003H Angeleno Park 50,000 50,000 42003) Interpretive Gardens 350,000 36,124 54307A Senior Center Boiler System 25,000 25,000 66105A Rosedale Traffic Mitigation 1,648,125 1,648,125 66106A 661068 Intersection Improvements/ 5 nchronization 165,000 165,000 66107A Concrete retaining wall @ 1st street dumpsite 35,000 35,000 66204tywide Concrete Im v 104,762 104,762 66207A Pedestrian Crossings 200,000 200,000 66503A Sewer Master Plan Construction 2,256,947 2,211,722 66603A Remodeling of Light Building at the yard 200,570 200,570 66603B Women's Club Improvements 39,498 36,915 66607A Paint Beams-Womans Club Interior 25,000 25,000 66607B Re-model electrical Office 180,000 180,000. 66607C New security ate for PW yard 20,000 20,000 66607D Gas Tank Removal PW Yard 75,000 75,000 66607E LED Marquee Sin 47,000 10,007 66607F Memorial Park Gym HVAC 139,000 19,485 72101C Rockvale booster upgrade 150,000 150,000 72101G Radio Control for SCADA 121,445 82,885 72103C Forest Service Gateway and Gardens 928,299 24,320 72103E Upqrade to Can on Filter Plant 570,441 334,182 72104D Water Main Replacement 1,865,703 1,023,313 72106A Gladstone Water Yard Improvements 255,000 255,000 721068 Rosedale meter upgrades 1,146,000 1,146,000 72106C Vehicle replacement/ Rosedale 230,000 70,084 72106F Work mana ement system /Water 390,000 390,000 72107A Rosedale Reservoirs 8,000,000 7,879,569 721078 Replacement of various Water 7,500,000 2,681,015 72107C Canyon Filtration System 35,905,500 29,952,572 72107D Reservoir Maint & Im v 200,000 200,000 72107E Road Extension to Well 6 45,000 45,000 72107F Landscape to Heck Reservoir 75,000 75,000 73006C Rosedale electric infrastructure 250,000 100,802 73006D Work management system /Light 210,000 210,000 73007A Gladstone Circuit Conduit 600,000 600,000 730078 Azusa Substation Facilities 75,000 75,000 73007C Electric Data Conversion 250,000 250,000 92107A Construct Interior wall and Doors Personnel Det 25,000 22,602 93006A Upgrade to AvayaNerizon Phone 13,560 13,560 64,728,850 50,950,729 < U:1 [P 07-08 Alan t4g• c74Tbcx�`4 � CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTORIASSISTANT CITY MANAGED VIA: F.M. DELACH, CITY MANAGER�MID DATE: July 2, 2007 SUBJECT: APPROVAL OF PLACEMENT OF STOP SIGNS AT VARIOUS INTERSECTIONS RECOMMENDATION It is recommended that the City Council authorize staff to place stop signs at various intersections throughout the City. BACKGROUND Recently staff has received requests from citizens to review traffic patterns at various intersections throughout the City. Based upon these requests and the research conducted by staff, staff is recommending that the City Council approve the placement of Stop Signs at four different intersections. Staff has reviewed the intersections in question with both the Engineering Division and the Police Department to determine the appropriateness of each intersection. After reviewing the placement; staff with the City Council's approval will install stop signs at the following intersections: Deborah Avenue and Virginia Ann Drive Deborah Avenue and Lori Ann Avenue Virginia Ann Drive and Brian Avenue Orange Avenue and I0V' Street FISCAL IMPACT $1,100 from account number 12-55-661-000-6563 7t 11 CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL /��� FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGE[;/"' VIA: F.M. DELACH, CITY MANAGER/ Q DATE: July 2, 2007 SUBJECT: Letter of Support for Senate Bill 1028 - Mobile Source Fair Share Initiative RECOMMENDATION It is recommended that the City Council take a stance of support for the proposed Senate Bill 1028. Staff recommends that the City Council authorize the Mayor, on behalf of the City to send a letter of support for proposed Senate Bill 1028. BACKGROUND The Air Quality Management District (AQMD) has primary jurisdiction over stationary sources of air pollution. The control of emissions from mobile sources is the primary responsibility of the state and federal governments. AQMD has been required per the Health and Safety Code to adopt all feasible measures necessary to meet air quality standards. As a result, stationary sources in our South Coast Air Basin have already reduced emissions significantly. State law does not explicitly require the California Air Resource Board (CARB) to adopt and implement all feasible control measures in a timely manner to meet ambient air quality standards. The Mobile Source Fair Share Initiative would require that the California Air Resource Board (GARB) adopt all feasible, cost-effective measure necessary to attain federal clean air standards. The San Gabriel Valley Council of Governments &the Southern California Association of Governments are supporting Senate Bill 1028. FISCAL IMPACT There is no fiscal impact. Prepared by.• Israel Del Toro, Management Analyst PW a June 24, 2007 The Honorable Alex Padilla. California State Senate District#20 State Capitol, Room 4032 Sacramento, CA 95814 RE: SUPPORT - Senate Bill 1028 (Padilla)—Necessary Measures to Attain Clean Air Standards; AQMD's Mobile Source Fair Share Initiative Dear Senator Padilla: On behalf of the City of Azusa, I write to express my City's support for SB 1028, a measure that would call upon the California Air Resources Board (CARB) to adopt all feasible, cost- effective measures necessary to attain federal clean air standards in all areas of the state. This bill will ensure that those emission sources primarily under CARB's jurisdiction will do their fair share of pollution reduction to achieve clean air goals. We recognize the South Coast Air Basin is subject to some of the most advanced air pollution control requirements in the world which have. yielded dramatic improvements in recent decades. Health studies conducted in this region repeatedly show that residents are suffering significant health effects from today's air pollution, including cancer, asthma, emphysema, as well as heart and pulmonary diseases, among others AQMD's 2007 Air Quality Management Plan (AQMP) estimates that a significant portion of emissions reductions needed to meet the fine particulate and the 8-hour Ozone standards will have to come from sources regulated by CARB. State law requires AQMD to adopt all feasible measures necessary to meet the clean air standards. However, state law does not require CARB to adopt and implement all feasible control measures in a timely manner to meet the ambient air quality standards. This deficiency needs to be corrected. SB 1028 will ensure that we require mobile sources and consumer products to reduce their emissions in a fair and equitable manner, so that all California residents can breathe the clean air they deserve. Sincerely, Joseph R. Rocha Francis M. Delach Mayor City Manager cc: Rainbow Yeung, South Coast Air Quality Management District(SCAQMD) 1J CONSENT ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CATHY A. HANSON, DIRECTOR OF HUMAN RESOURCES VIA: F.M. DELACH, CITY MANAGER DATE: JULY 2, 2007 SUBJECT: SUPPLEMENTAL RETIREMENT PLAN FOR AZUSA MIDDLE MANAGEMENT ASSOCIATION (AMMA) AND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) RECOMMENDATION This is an informational item only with no action required at this time. BACKGROUND The City Council will consider establishing a supplemental retirement plan for AMMA and SEIU members at a future regularly scheduled Council meeting. The change is pursuant to the multi-year collective bargaining agreement approved in 2006, and was designed to support the recruitment and retention of high quality employees. The City is required by Section 7507 of the California Government Code to secure the services of an enrolled actuary to determine the future annual cost of providing the plan benefits and making the results of that study available for public review. Two weeks after the first public meeting, the Council can formally consider approval of the change. The projected actuarial cost of the AMMA proposed plan is eight and ninety-one one hundredths percent (8.91%) of covered salaries. Based on the current salaries, the combined cost in FY 2007-08 for this benefit is approximately $169,975. As agreed to by the bargaining group, the employees will pay 7.5% of the cost of this program and the City the additional 1.41%. A copy of the actuarial report is on file in the City Clerk's Office. This amendment will apply to the 26 authorized positions in the AMMA group. p The projected actuarial cost of the SEIU proposed plan is four and seven one hundredths percent.(4.07%) of covered salaries. Based on the current salaries, the combined cost in FY 2007-08 for this benefit is approximately $26,140. As agreed to by the bargaining group, the employees will pay 4% of the cost of this program and the City the additional .07%. Copies of the actuarial reports are on file in the City Clerk's Office. This amendment will apply to the 11 authorized positions in the SEIU group. FISCAL IMPACT The City's cost of the AMMA plan for FY 2007-08 is approximately $11,846 from Light and Water Funds, $9,168 from the General Fund and $5,884 from other Special Revenue and Enterprise Funds. The City's cost of the SEW plan for FY 2007-08 is approximately $375 from the Special Revenue Funds and $75 from the General Fund. � N AGENCY AGENDA ITEM TO: THE HONORABLE CHAIRPERSON AND AGENCY MEMBERS i�f FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, EXECUTIVE DIRECTOR DATE: JULY 2, 2007 SUBJECT: TARGET STORE ENVIRONMENTAL IMPACT ANALYSIS SERVICES RECOMMENDATION It is recommended that the Agency Board approve Terry A. Hayes &Associates (TAHA) to provide environmental impact report consultant services in conjunction with, the proposed Target store redevelopment project, and authorize the Executive Director to execute the City's standard professional services agreement in the amount of $90,925. BACKGROUND On April 10, 2007 the Redevelopment Agency of the City of Azusa (the Agency) solicited fixed fee proposals from qualified environmental consulting firms for the preparation of an environmental study for the proposed Target Store Redevelopment Project. The selected firm would be responsible for providing all services related to the preparation of environmental documentation, including without limitation an initial study and, to the extent required, an addendum, supplement to environmental impact report, or other environmental study required for compliance with the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), and California Code of Regulations, title 14, Chapter 3, Section 15000 et seq. ("CEQA Guidelines"). The RFP requested cost proposals for both the preparation of an EIR Addendum or Mitigated Negative Declaration as it was not determined what type of environmental study would be required. The Target Store Redevelopment Project is generally bounded by 9th Street to the north, the Metro Gold Line right-of-way to the south, San Gabriel Avenue to the west, and Azusa Avenue to the east. Target Corporation entered into a Letter of Intent governing the potential redevelopment of the Site into an approximately 155,000 square foot retail building situated on top of two levels of parking. Staff distributed six proposals for the EIR services, and received two responses, one from RBF at $69,740 and one from TAHA at $44,053. After a thorough review, staff recommended award of the CEQA services contract to TAHA, in the amount of $44,053. However, during the project kick-off meeting, it was determined that the project may require a full EIR. Accordingly, staff requested of TAHA and RBF a cost proposal for providing such services. The cost proposals were received in the following amounts $142,370 (RBF) and $90,925 (TAHA). Therefore, Agency staff is recommending award to TAHA in the amount of $90,925, in accordance with the cost proposal submitted. The Page 2 of 2 Iuy 2.2007 The Honorable Chairperson and Agency Members ° Re: Target Store Environmental Impact Analysis Services . increase to the proposal accounts for the potential need to prepare a full EIR as the original RFP only requested costs proposals for either an EIR Addendum or Mitigated Negative Declaration. The extent of environmental review will be determined during the initial study phase of the CEQA process. FISCAL IMPACT This project is budgeted in the proposed FY 2007/08 budget in the amount of $105,000. The Agency is presently soliciting costs relative to a traffic study as part of this environmental impact analysis. Costs for those services are not included in the TAHA proposal. Attachments: - TAHA Proposal(Original) TAHA Proposal(EIR Scope) Professional Services Agreement environmental planners June 25,2007 Mr.Jose Ometeotl City of Azusa Economic&Community Development Department 213 East Foothill Boulevard Azusa,CA 91702 Re: Proposal and Cost Estimate for the Target Redevelopment Project Environmental Impact Report Dear Mr.Ometeotl: Terry A. Hayes Associates LLC (TAHA) is pleased to submit our proposal to provide environmental documentation services to the Redevelopment Agency of the City of Azusa(the"Agency"). On April 27, 2007 TAHA submitted a proposal in response to the Request for Proposals for the preparation of an Initial Study and Addendum or an Initial Study/Mitigated Negative Declaration (IS/MND). As discussed at the kick-off meeting held with the Agency on May 31,2007, the City requested services have been revised to include the preparation of an Environmental Impact Report (EIR) in accordance with the California Environmental Quality Act (CEQA). The EIR process for the project is to be completed by early 2008 (January or February). The proposed Target Store Redevelopment Project would result in the development of an approximately 155,000-square-foot retail building located above two levels of parking in downtown Azusa at the southeast comer of the intersection of San Gabriel Avenue and 9'Street. The Project is located adjacent and north of the Gold Line right-of-way,the possible future location of a new transit station. TAHA has prepared and managed every type of CEQA and NEPA document, including Categorical Exemptions, ISs, NDs, MNDs, EIRs, Categorical Exclusions, Environmental Assessments (EAs), and Environmental Impact Statements(EISs). TAHA's previous experience in the City includes the preparation of the Azusa General Plan and Development Code EIR,the Azusa Library IS/MND,the Monrovia Nursery IS/MND, and the Foothill Center Specific Plan and Redevelopment Project EIR. TAHA has extensive experience in supporting public entities in meeting the requirements of CEQA. TAHA's clients include the Community Redevelopment Agency of the City of Los Angeles(CRA/LA),the Cities of Santa Monica,West Hollywood, and Beverly Hills,Los Angeles Community College District(LACCD), and the Los Angeles County Metropolitan Transportation Agency(MTA or Metro). :?:ry h. 41 a'JC< Ai;n,;in�CS eLC. P13:i1)4Bl 4ct:i0v:!111 M:1100:' y i' A -1:174] i1n 54?.1?GU '2v. siPB3'.1..17p1 ri C 1 t 9 Mr.Ometeotl Letter ' June 25,2007 Page 2 TAHA has ten employees and one office location in Culver City. TAHA prepares and manages CEQA and NEPA environmental documents and specialized studies,including Air Quality Impact Assessments,Health Risk Assessments,Noise Impact Analysis,Geographic Information System(GIS)Analysis,Land Use Field and Digital Video Surveys, Three-Dimensional Computer Modeling/Animation, Visual and Aesthetic Impacts, and Spanish Language Translation. TAHA specializes in community development planning, community impact assessment,and transportation infrastructure and planning projects. TAHA also provides municipalities with strategic planning services related to redevelopment,zoning,and CEQA compliance. Our real estate development projects range from large housing and retail developments to sports stadiums. TAHA reports use, to maximum advantage, photographs, maps, chart comparisons, and illustrative techniques to convey the results of findings. We take pride in conducting technically complete and professional work that facilitates policy decisions by public bodies and business decisions by private clients and encourages increased community knowledge. Please refer to our April 27,2007 proposal for a detailed description of our qualifications, related project descriptions,key personnel resumes,and references. A resume synopsis for each TAHA key personnel is provided below. TAHA KEY PERSONNEL TAHA is highly qualified to complete CEQA environmental reviews,documentation,and special or technical studies for the Agency. Our combined educational and project experience, described in this section, will ensure that the Agency's proposal is properly evaluated. The relevant experience of each TAHA key personnel to be assigned to the proposed project are briefly described below., Terry A. Hayes, AICP, Principal. Mr. Hayes has over 33 years of experience in project management, agency coordination and public presentations. His project experience includes the environmental evaluation of a wide range of land use, community development, public works/infrastructure improvements, and transportation projects. Mr.Hayes also conducted a ten-session series with staff of the City of Los Angeles Neighborhood Planning Division regarding CEQA. These sessions involved the use of evaluation criteria and applicable technical methods to identify the magnitude of environmental impacts. Mr. Hayes has abundant expertise in directing and managing the preparation of CEQA environmental documents. He has successfully directed the preparation of numerous EIRs for many clients, including the Community Redevelopment Agency of the City of Los Angeles (CRA/LA) Recovery Areas and the County of Los Angeles Metropolitan Transportation Authority.(Metro). Mr.Hayes will oversee and direct the preparation environmental documents for the project. Madonna Marcelo,Senior Associate. Ms.Marcelojoined TAHA in 2005 and has 16 years of experience preparing CEQA documents,including initial studies and negative declarations,and EIRs. Ms.Marcelo has worked on and/or managed a wide range of projects, including residential development, mixed-use development, general plan amendments, mining projects, river and roadway improvement projects, transportation projects,and monitoring projects. Ms.Marcelo also has technical experience in preparing air quality and noise analyses for CEQA documents,as well as the preparation of Phase I Environmental Site Assessments(ESAs). Ms.Marcelo is highly skilled and experienced in the management and preparation of environmental review documents and notices for compliance with CEQA mandates. Ms.Marcelo will be the project manager responsible for the daily management of environmental document preparation, budget control,monthly progress reports,and interaction with the Agency. taha 2007-058 Mr.Ometeotl Letter June 25,2007 Page 3 Sam Silverman,Senior Environmental Scientist. Mr. Silverman joined TAHA in 2006. He has over six years of experience in preparing CEQA documentation. His specialties are preparing air quality and noise .analyses for institutional, commercial, residential, and industrial development along with transportation projects. Mr.Silverman's thorough knowledge of air quality analysis methodology includes comprehensive familiarity with the regional and localized estimation methodology set forth by air districts in Southern California,applicationof various computermodels(e.g.,URBEMIS 2002,Emfac2002,ISCST,Caline-4,and CAL3QHC), health risk assessments (HRAs), construction and operation emission inventories. His knowledge of noise analysis methodology includes noise monitoring,noise models(e.g., Sound2000), and mobile (Federal Highway Administration RD77108 noise calculation formulas) and stationary source analyses. Mr.Silverman has abundant experience in completing technical environmental analysis for the Los Angeles Unified School District(LAUSD)and other government agencies. Mr.Silverman will serve as the task leader for the preparation of air quality and noise analyses for the proposed project. Shannon Daniels,Planner. Ms.Daniels joined TAHA in 2005. Herprevious experience includes work with the Los Angeles County Community Development Commission/Housing Authority and nonprofit sector work with a national affordable housing foundation. Her primary responsibilities at TAHA include project management and coordination,preparing CEQA compliance documentation,aesthetics,shadow,and lighting impacts analysis,three-dimensional computer project modeling and community outreach. Ms.Daniels has prepared Categorical Exemptions, Addendums, ISs, MNDs, and EIRs for a range of redevelopment and transportation projects for government entities,such as the CRA/LA,the Los Angeles Community College District, and the Los Angeles County Metropolitan Transportation Authority. Ms.Daniels will be the lead planner for the preparation of the environmental documents for the proposed project. Jaime Guzman,Assistant Planner. Mr.Guzman joined TAHA in 2006. His previous experience includes public sector work with the planning and research departments at the Los Angeles County Metropolitan Transportation Authority and at the City of Los Angeles Department of Recreation and Parks. His responsibilities at TAHA include air quality and noise modeling, field monitoring, document editing and translation, research, and drafting and preparing environmental documents in accordance with CEQA mandates for redevelopment and transportation-related projects. Mr. Guzman is currently finalizing and editing the Bunker Hill Redevelopment Project Amended Design for Development Draft EIR for the CRA/LA,which would develop up to 6,736 new residential units,including affordable housing units,in the Bunker Hill area of Downtown Los Angeles. Mr..Guzman will assist Ms. Daniels in the preparation of environmental documents for the proposed project. SCOPE OF WORK Site Reconnaissance and Background Records Search TAHA will conduct field visits to the project site and surrounding area to assess the existing environmental setting and areas of potential impacts. TAHA will obtain and review the Prior Planning and CEQA Documents (the City's General Plan, Development Code, General Plan and Development Code Environmental Impact Report(EIR),Redevelopment Plan, Redevelopment Plan EIR and Implementation Plan) applicable to the project site. Information in such documents will be reviewed for relevance and accuracy with regard to the project. Incorporating information from these documents,such as background, environmental setting description,and analysis methodologies would help TAHA to complete environmental documents on-budget and ahead of schedule. taha 2007-058 Mr.Ometeod Letter - June 25,2007 Page 4 Preparation of the Project Description The project description will include a detailed text narrative supported by project-specific graphics. It is anticipated that the project description will include,but not be limited to,the following: • Site location map • Regional context map • Description of the project • Phasing and implementation concepts. Prepare a Description of Alternatives In working closely with Agency staff and as feasible, project alternatives will be identified. In addition, alternate schemes that were rejected during the planning process will also be discussed. Initial Study Checklist TAHA will prepare an Initial Study Checklist and narrative describing the potential environmental impacts of the proposed project. The Initial Study will identify environmental issues and forecast potential impacts that will be important to evaluate further in the EIR. Due to the anticipated height of the proposed project (50 feet),potential aesthetics and visual quality impacts may result. TAHA will prepare a three-dimensional computer model of the proposed project and surrounding buildings using Sketchup software. The model will be utilized as a tool during the preparation of the Initial Study and EIR evaluations for assessing potential shadow,height,massing,view,and visual character impacts. Notice of Preparation TAHA will prepare the Notice of Preparation (NOP) for the proposed project,including the description of the proposed project and alternatives,as well as the initial forecast ofthe environmental topics to be addressed in the EIR. TAHA will also be responsible for the distribution of the NOP using a radius mailing list provided by the Agency. If the Agency does not have a radius mailing list available, TAHA will initiate requests for such a list. If the Agency requests, TAHA will post an announcement for the NOP in local newspapers. In addition, TAHA will file the NOP with the State Clearinghouse (Office of Planning and Research)and the Los Angeles County Clerk. Screencheck Draft EIR Preparation: Establish Significance Criteria In order to judge whether there may be a significant impact in a specific environmental topic area,criteria indicating the specific nature and magnitude of a change from existing conditions that would reasonably cause a substantial impact to the environment will need to be established. The criteria will be based on a variety of factors including legal and statutory requirements, significance thresholds established by the Agency' (including prior Agency environmental documents) and other guidelines, industry standards, and issue-specific situations. Once agreement has been reached regarding the criteria,they will be used in the technical assessments. laha 2007-058 Mr.Ometeotl Letter June 25,2007 Page 5 Prepare Environmental Setting and Impact Analysis To provide a baseline against-which potential environmental impacts can be compared,TAHA will prepare existing conditions sections for each environmental topic to be included in the EIR. TAHA will also conduct the appropriate technical analyses and prepare the basic environmental document for initial review by the Agency. Graphics will be provided,where appropriate,in each EIR section. It is anticipated that the following environmental topic areas will be addressed: Aesthetics and Visual Quality. The visual impact analysis may address the following issues:shadows,scenic highways,changes to the existing visual character of the project area,views/vistas,open space resources,and light and glare. For this analysis,TAHA will utilize the three-dimensional computer model prepared for the proposed project during the Initial Study evaluation described above. Graphics will be prepared illustrating any potential massing,view,and shadow impacts of the proposed project. Air Quality. The air quality impact analysis will address construction and operation of the project. Based on anticipated construction activities, calculated air pollutant emissions will be compared with applicable thresholds and criteria established by the South Coast Air Quality Management District (SCAQMD). URBEMIS2002 model will be used to estimate daily pounds of emissions generated by the project. Potential project-related daily emissions and Carbon Monoxide(CO)hotspots will be evaluated using the traffic and parking analysis prepared by the Mobility Group, along with the project's consistency with the regional air quality plans and strategies. Biological Resources. TAHA will conduct site visits,a literature review,a review of topographic maps,and research the Prior Planning and CEQA Documents,the City of Azusa General Plan,and any other local plans to determine if the project site contains oak trees,sensitive plants,wildlife,or other biological resources that may be impacted by the project. In addition,TAHA will review the local oak tree ordinance/guidelines to determine the potential for these trees to be impacted by the project. Geology,Seismicity, and Hydrology. TAHA will review City documents(e.g.,the Prior Planning and CEQA Documents,the City of Azusa General Plan), and the most current information available from the United States Geological Survey(USGS)and California Geological Survey(CGS). Using the information gathered from these sources and from the Phase I Environmental Site Assessment(ESA)provided by the Agency,this section will identify geotechnical constraints and hazards within and adjacent to the project site, including, active faults, Alquist-Priolo Fault Hazard Zones, liquefaction, subsidence, slope stability, 100-year flood plains,groundwater levels,earthquake ground motion,and ground surface rupture. Hydrology and Water Quality. TAHA will utilize the Phas e I ESA provided by the Agency to prepare the hydrology and water quality analysis. This analysis will determine whether the development of the project will effect existing drainage patterns that currently prevent erosion,siltation,and flooding. The presence of 100-year flood zones within the project site and area will be identified,along with any impacts associated with water runoff and mudflows. Hazards and Hazardous Materials. TAHA will integrate the findings of the Phase I ESA provided by the Agency into the EIR along with any recommended mitigation measures. TAHA will summarize the recommendations and conclusions made in the Phase I ESA regarding the historical uses of the project site, potential hazardous substances found on the project site,and the potential impacts that these substances would have on the project. Other City documents, such as the General Plan and the Prior Planning and CEQA Documents,will be reviewed in the preparation of this evaluation. taha 2007-M Mr.Ometeotl Letter - June 25,2007 Page 6 Land Use and Planning. TAHA will consider changes to land uses within the project area that may occur as a result of the project. Potential land use conflicts will be analyzed,as will the project's consistency with the City's General Plan and the Southern California Association of Governments(SCAG)plans and policies. In addition, the potential for the project to require a General Plan Amendment or and Zoning Code Amendment will be assessed. Mineral Resources. TAHA will conduct an analysis of the potential for locally or regionally significant mineral resources to occur on-site and the potential project-related impacts to such resources. City documents, such as the General Plan and Prior Planning and CEQA Documents, will be reviewed in the preparation of this section of the EIR. Noise. Noise monitoring will be conducted at key on-site or surrounding locations to assess the existing noise conditions in the project area. TAHA will prepare a noise impact analysis that will address the construction and operation of the project. The construction analysis will focus on short-term and long-term effects of project construction and operation on adjacent residential areas,as well as other sensitive receptors that may be located adjacent to the project site. Population, Housing and Employment. TAHA will compare the predicted increases in population,housing, and employment stemming from the project to regional estimates prepared by the SCAG to determine if projections are consistent. Public Services. TAHA will consult with public services, including police,,fire,recreation and parks,and library departments,to determine how the project may affect the provision of these services in the project area. Transportation, Traffic, and Parking. TAHA understands that a traffic and parking impacts report will be prepared by The Mobility Group under a separate contract. TAHA assumes that mitigation measures will be recommended for potentially significant traffic impacts. TAHA will incorporate the data and results from the traffic and parking impact reports into the EIR. Special emphasis will be placed on presenting comparative tables and graphics to disclose information and potential impacts. Utilities and Service Systems. TAHA will describe the existing and project-related demand for various utilities and service systems. These will include sewer and water,soild waste disposal,gas and electricity, and telephone and cable. TAHA will utilize applicable information from the Prior Planning and CEQA Documents,as well as from correspondence with City Public Works Department. Alternatives Evaluation. With Agency input,TARA will identify a reasonable range of project alternatives that would potentially reduce impacts. The No Project Alternative, the code or General Plan compliant alternative,the alternate project site alternative,and other build alternatives for the proposed project will be addressed under this task. Each issue area identified above will be briefly discussed although not at the same level of detail as the proposed project. An Environmentally Superior Alternative,other than the No Project Alternative,will be identified in this section. Other CEQA Issues/Sections. TAHA will prepare Other CEQA Issues/Sections including the Executive Summary, Introduction, Growth Inducing Impacts, Significant Unavoidable Impacts,References, Impacts Determined Not to be Significant,etc. The Executive Summary will include graphics and a summary table listing the impacts and mitigation measures identified in the EIR. taha 2007-058 Mr.Ometeotl Letter June 25,2007 Page 7 Draft EIR Preparation: Finalize and Circulate Draft EIR After two cycles (depending on Agency requests) of review of the Screencheck Draft EIR, TAHA will finalize and circulate the Draft EIR document. In addition,TAHA will provide assistance to the Agency in distributing the Draft EIR to agencies and interested parties,as necessary. Notice of Completion TAHA will file the Notice of Completion(NOC)with the State Clearinghouse and the Los Angeles County Clerk. TAHA will also be responsible for the distribution of the NOC using a radius mailing list provided by the Agency. If the Agency does not have a radius mailing list available,TAHA will initiate requests for such a list. Final EIR Preparation: Preparation of Responses to Comments At the end of the public circulation period for the Draft EIR,TAHA will address all written comments, as well as verbal comments compiled from any community meetings conducted by the Agency. All comments will be inventoried and cataloged and responses prepared in a Response to Comments Chapter of the Final EIR(the response structure will be discussed with the Agency to ensure that the format of responses meets its requirements). This will give a unique identifying number to each comment raised and provide a thoughtful written response identified by the same unique tracking number. This Response to Comments Chapter will be provided to all who commented on the Draft EIR,at minimum,ten days prior to certification of the Final EIR. Prepare Mitigation Monitoring&Reporting Program For all mitigation measures identified in the EIR,TAHA will prepare a monitoring program that will allow the Agency to verify that the required mitigation measures have been implemented. The program will explicitly identify what entity is responsible for implementing the measure, the entity responsible for monitoring enforcement of the measure and the phase of the project (pre-construction, construction, or post-construction)when the measure would be implemented. Preparation of Findings of Fact Based on the conclusions of the Draft EIR and Final EIR, TAHA will assist the Agency in preparing the Findings of Fact for its adoption by the City Council. These findings will detail each impact identified in the EIR and present the reasoning as to why each impact is or is not significant,and if it is significant,present further explanation why the proposed mitigation measures would reduce the impact to a less-than-significant level. Preparation of Statement of Overriding Considerations For those impacts that cannot be fully mitigated,TAHA will assist the Agency in preparing the Statement of Overriding Considerations that must be adopted by the City Council. This Statement will present the rationale as to why the public and community benefits of the proposed project may outweigh the unavoidable significant environmental impacts. tehe 2007-058 Mr.Ometeod Letter ' June 25,2007 Page 8 Preparation of the Notice of Determination The NOD will be prepared after certification of the Final EIR and approval of the proposed project by the City Council. Due to recent changes in State law,an exemption for the California Department of Fish and Game Certificate fee can no longer be filed with the NOD. The fees must be paid at the time of NOD filing. TAHA will file the Notice of Completion(NOC)with the State Clearinghouse and the Los Angeles County Clerk. DOCUMENT PRINTING AND DISTRIBUTION TAHA will provide document printing as part of the EIR preparation as follows: • First Screencheck Draft EIR-nine hard copies • Second Screencheck Draft EIR-nine hard copies • Draft EIR for circc.lation-50 hard copies • Final EIR,Mitigation Monitoring and Reporting Program,Findings of Fact,Statement of Overriding Considerations-50 hard copies TAHA will provide electronic copies of the environmental documents on CD's,via e-mail,and/or FTP site as requested. MEETINGS As requested in the Request for Proposals, TAHA will attend seven total project meetings or hearings and one scoping meeting. PROJECT MANAGEMENT TAHA holds weekly project status meetings to ensure that all staff members are aware of schedule goals, objectives, and other critical path items associated with the needs of a job. The Project Manager will be responsible for tracking assignments,performance,and budget and will work proactively to address issues that may affect successful and expeditious execution of work. TAHA project managers are knowledgeable of issues associated with the various environmental technical specialties (e.g., historic resources, traffic analyses,geology,etc.),which further aids their proactive approach. Terry Hayes will be responsible for directing the preparation of all documents and is actively involved in the creation and review of various technical analyses. Mr.Hayes establishes the overall direction of all projects and is responsible for major presentations regarding content,scope,and findings of all documents. Mr.Hayes and the Project Manager will be responsible for tracking and controlling costs for budget control. QUALITY CONTROL Public concern about environmental issues is an ever-growing issue, and communities have become increasingly more sophisticated in viewing potential environmental consequences of development and public works-type projects and entitling plans. Consequently,TAHA is constantly looking for and implementing new ways to provide clear,concise and credible environmental documents. Our environmental reports are not"boiler plates." Rather,each is tailored to address specific issues of concern. To assure the most accurate and consistent work possible,we have established a quality control plan. TAHA uses an in-house technical editor, and all documents are reviewed by the Mr. Hayes and the Project Manager prior to submission to ensure technical accuracy and focus. To ensure the submission of the highest quality documents, all documents prepared by TAHA for the proposed project will be reviewed in the same thorough detail. taha 2007-058 Mr.Ometeotl Letter June 25,2007 Page 9 As Owner and Principal of TAHA,I look forward to representing the firm throughout the selection process and contract negotiations. We appreciate the opportunity to demonstrate our ability to assist in fulfilling the environmental requirements for the proposed Project. Sincerely, Terry A.Hayes,AICP Principal Attached:Cost Estimate tahe 2007-058 TERRY A. HAYES ASSOCIATES LLC -BREAKDOWN OF COST FOR THE PREPARATION OF REPORTTARGET STORE REDEVELOPMENT PROJECT ENVIRONMENTAL IMPACT Pnnci al I Sr.Ass= 1 Sr.Env.SU.1 Planner I Asst.Planner 1 Graphics Admin.Asst.' Work Activity $197.001 $140.001 $102,001 $75.001 $69.001 $114.001 $52.001 HOURS COST Reconnaissance and Scoping 3 1 0 5 5 0 0 14 $1,451.00 Pro"ect Desch ion 2 2 0 15 2 5 0 26 $2,507.00 Draft&Final Initial Study and Notice of Preparation NOP 2 2 2 15 5 2 2 30 $2,680.00 Aesthetics and Visual Quality 8 10 0 27 7 7 1 60 $6,334.00 Air Quality 1 2 35 2 10 2 0 52 $5,115.00 Biological Resources 0 1 0 7 0 0 0 8 $665.00 Geology and Seismicity 0 1 0 3 8 2 0 14 $1,145.00 Hazards and Hazardous Materials(Incorporation Into EIR) 1 2 0 10 0 0 0 13 $1,227,00 H drol gy and Water Quality 0 1 0 1 7 0 0 9 $698.00 Land Use and Planning 1 1 0 2 8 2 0 14 $1,267.00 Mineral Resources 0 1 0 1 6 0 .0 8 $629.00 Noise 2 3 35 1 8 1 0 50 $5,125.00 Population and Housing 0 1 0 1 7 0 0 9 $698.00 Public Services 0 1 0 2 9 1 1 14 $1,077.00 Transportation and Traffic(Incorporation into EIR) 4 3 0 15 3 1 0 26 $2,654.00 Utilities and Service Systems 0 1 0 1 8 0 1 11 $819.00 Alternatives Evaluation 8 10 1 27 7 7 0 60 $6,384.00 Other CEQA Issues/Sections(exec.Summ.,intro.,env.setting,cum. impacts,growth Inducement,effects not found to be signif.,signit.irrev. 2 3 2 15 15 5 2 44 $3,852.00 changes,refs.,list of preps) Screencheck Draft EIR preparation 2 Screenchecks 7 13 7 20 20 11 1 79 $8,099.00 Draft OR Preparation 4 5 10 15 .15 15 1 65 $6,430.00 Final EIR Preparation&Response to Comments 4 8 5 25 16 5 1 64 $6,019.00 Findings and Statement of Overriding Considerations 3 3 0 20 0 0 0 26 - $2,511.00 Mitigation Monitoring 1 2 0 10 0 0 0 13 $1,227.00 Project Meetings/Hearings(7) 21 0 0 21 0 0 0 42 $5,712.00 Total Hours 74 77 97 261 168 66 10 751 :" :'a: Total Labor Cost $14,578.00 $10,780.00 $9,894.00 $19,575.00 $11,454.00 $7,524.00 $520.00 $74,325.00 x Direct Expenses Screencheck Printing 18 Copies) r s o " c $1,200.00 Draft EIR Printing(50 Copies) $3,350.00 Final EIR&MMRP Printing 50 Copies) 3 w } {+� 'R 1 .;ri12 $4,250.00 Misc Printing - a .. ' ro $400.00 S- : Other Direct Costs(messenger,postage,mileage,fedex,CDs,etc.) $4,900.00 Miles e $500.00 Messen erlFedex/Posta a $200.00 CDs and Supplies $200.00 NOP Posting in Newspaper O tional -. '. _ ';5 ,� (:± $1,500.00 NOP Mailing Radius List(Optional) - a, . - $2,500.00 2,500.00 De artment of Fish&Game NOD Filing Fee $ Total Direct Expenses > ' - a . $16,600.00 GRAND TOTAL • ,; - $90,925.00 mh.MUSH EXHIBIT"A" SCOPE OF SERVICES To provide environmental documentation services to the Redevelopment Agency of the City of Azusa in accordance with the California Environmental Quality Act (CEQA). Please see attached proposal from more information RvruswGS\544364 A-1 EXHIBIT"B" SCHEDULE OF SERVICES See attached proposal for additional information RVPU13WGS1544364 B-1 EXHIBIT"C" COMPENSATION Professional fees for the assignment are based on the current hourly billing rates and direct expenses anticipated at$90,925.00. Principal $197.00/hr. Sr. Associate $140.00/hr. Sr. Env. Sci. $102.00/hr. Planner $75.00/hr. Asst. Planner $69.00/hr. Graphics $114.00/hr. Admin. Asst. $52.00/hr. See attached proposal for more information RVPUBWGS1544364 ``_1 PROPOSAL TO PREPARE ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED TARGET STORE REDEVELOPMENT PROJECT 0 t i PRESENTED TOO THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA PRESENTED BY: TERRY A. HAYES ASSOCIATES LLC APRIL 27, 2007 DECEIVED " APR 3 0 2007 AGENCY PROPOSAL TO PREPARE ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED TARGET STORE REDEVELOPMENT PROJECT Prepared for REDEVELOPMENT AGENCY OF THE CITY OF AZUSA 213 East Foothill Boulevard Azusa, CA 91702 Prepared by TERRY A. HAYES ASSOCIATES LLC 8522 National Boulevard, Suite 102 Culver City, CA 90232 April 2007 F enwoonmental planners April 27,2007 Mr. Jose Ometeotl City of Azusa Economic&Community Development Department 213 East Foothill Boulevard Azusa,CA 91702 Re: Proposal the Preparation of Environmental Documentation for the Proposed Target Store Redevelopment Project Dear Mr. Ometeotl: Terry A. Hayes Associates LLC(TAHA)is pleased to submit our proposal to provide environmental documentation services to the Redevelopment Agency of the City of Azusa(the"Agency"). TAHA understands that the requested services would include,but not be limited to,the preparation of an Initial Study(IS)and an Addendum to the General Plan Environmental Impact Report(EIR)or an Initial Study/Mitigated Negative Declaration(IS/MND)in accordance with the California Environmental Quality Act (CEQA). The proposed Target Store Redevelopment Project (the "Project")would result in the developmentof an approximately 155,000-square-foot retail building located above two levels of parking in downtown Azusa at the southeast corner ofthe intersection ofSan Gabriel Avenue and 0 Street(the "Site"). The Project is located adjacent and north of the Gold Line right-of-way,the possible future location of anew transit station. As described in this proposal,TAHA has previously prepared environmental documents for the City of Azusa and fornumerousredevelopment,retail,and transportation projects in Los Angeles County TAHA will not utilize the services of subconsultants under this contract. TAHA(a limited liability corporation)was established in 1984 and has been providing public and private sector clients with planning and environmental impact assessment services for the past 23 years_TAHA has prepared and managed every type of CEQA and NEPA document, including Categorical Exemptions, ISs,NDs,MNDs, EIRs,Categorical Exclusions, Environmental Assessments(EAs), and Environmental Impact Statements (EISs). TAHA's previous experience in the City includes the preparation ofthe Azusa General Plan and Development Code EIR,the Azusa Library IS/MND,the MonroviaNursery IS/MND,and the Foothill CenterSpecifc Plan and RedevelopmentProject EIR.TAHA has extensive experience in supporting public entities in meeting the requirements of CEQA. TAHA's clients include the Community Redevelopment Agency of the City of Los Angeles (CRA/LA), the Cities of Santa Monica, West Hollywood, and Beverly Hills, Los Angeles Community'College District (LACCD), and the Las Angeles County Metropolitan Transportation Agency(MTA or Metro). TAHA has eight employees and one office location in Culver City. TAHA prepares and manages CEQA and NEPA environmental documents and specialized studies,including AirQuality Impact Assessments,Health Risk Assessments, Noise Impact Analysis,Geographic Information System(GIS)Analysis,Land Use Field and Digital Video Surveys, Three-Dimensional Modeling/Animation,Visual and Aesthetic Impacts,and Spanish Language Translation. TAHA specializes in community development planning,communityimpact assessment,and transportation infrastructure and planning projects. TAHA also provides municipalities with strategic planning services related to redevelopment,zoning, TeL,y A Hayes Assnciates LLC 8522 National noulmud Sime 102 C uIvui City CA 00232 310 839 1200 fax 310 839 -1201 ,, a a i n h a 1.. o ra Mr.Ometeod April 27,2007 Page 2 and CEQA compliance. Our real estate development projects range from large housing and retail developments to sports stadiums. In addition,we have prepared environmental documents for numerous redevelopment projects,including the Bunker Hill Redevelopment Project Amended Design for Development in downtown Los Angeles, the Vermont- Manchester Entertainment Village in South Los Angeles,and the Foothill Center Specific Plan and Redevelopment Project FIR in the City of Azusa. TAHA reports use,to maximumadvantage,photographs,maps,chart comparisons,and illustrative techniques to convey the results of findings. We take pride in conducting technically complete and professional work that facilitates policy decisions by public bodies and business decisions by private clients and encourages increased community knowledge. As Owner and Principal ofTAHA,I look forward to representing the firm throughout the selection process and contract negotiations. We appreciate the opportunity to demonstrate our ability to assist in fulfilling the environmental requirements for the proposed Project. Sincerely, Terry A.Hayes,AICP Principal Consultant's Contact Information: Terry A. Hayes Associates LLC 8522 National Boulevard,Suite 102 Culver City,CA 90232 Tel:310-839-4200 Fax:310.839-4201 Contact:Terry A.Hayes,Principal E-mail:taha@webtaha.com TABLE OF CONTENTS PROPOSALFORTHE PREPARATION OF ENVIRONMENTAL DOCUMENTATION FORTHIEPROPOSED TARGET STORE REDEVELOPMENT PROJECT COVERLETTER . . . . . . . . ... .. . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . .. . . .. . . . . . . . .. .. . .. 1 QUALIFICATIONS AND EXPERIENCE . . . .. .. . . . . . . . . . . . . . . . ... . . .. . .. . . . . .. . . . . . . 3 REFERENCES . . . . .. . . . . . . . . .. . . . . . . . . ... . . . . .. . . . . . . . . . . . . . . . . .. . .. . .. . . . . . 19 SCOPEOF WORK .. . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . 20 COST AND SCHEDULE . . . . . . . .. . . .. . . . . . . . . ... . .. .. .. . . . . . .. . . . . . . .. . .. . . . . . . . 25 PPOOF OF INSURANCE ob 2007-058 QUALIFICATIONS AND EXPERIENCE 14,11M As presented in the cover letter of this proposal,TAHA provides afull range of CEQA documentation services, including the preparation of Initial Studies(ISs),Mitigated Negagve Declarations(MNDs),Environment Impact Reports(EIRs),and Addenda to EIRs. We evaluate commercial,residential,transportation,and mixed-use projects,as well as redevelopment plans,general plans,specific plans,master pians,public works facilities, infrastructure,capital improvements,transportation corridors,and site-specific private development projects. As these types of projects become more complex and controversial, there is a growing need for comprehensive,credible and legally defensible environmental documentation,aswell as technically accurate special studies that can provide the Agency and other responsible agencies(e.g. County of Los Angeles) planning staff,Planning Commission and CllyCouncil members withwell-presented and illustrated information necessary to make informed decisions regarding projects. TAHA provides exactly this type of environmental documentation and in a time-sensitive manner. TAHA KEY PERSONNEL TAHA is highly qualifled to complete CEQA environmental reviews,documentation,and special or technical studies for the Agency. Our combined educational and project experience, described in this section, will ensure that the Agency's proposal is properly evaluated. The relevant experience of each TAHA key personnel to be assigned to the proposed project are briefly described below. TerryA.Hayes,AICP,Principal. Mr.Hayes has over 33 years of experience in project management,agency coordination and public presentations. His project experience includes the environmental evaluation of a wide range of land use, community development, public worksfinfrastructure improvements, and transportation projects. Mr.Hayes also conducted a ten-session series with staff of the City of Los Angeles Neighborhood Planning Division regarding CEQA. These sessions involved the use of evaluation criteria and applicable technical methods to identify the magnitude of environmental impacts. Mr.Hayes has abundant expertise in directing and managing the preparation of CEQA environmental documents. He has successfully directed the preparation of numerous EIRs for many clients,including the Community Redevelopment Agency of the City of Los Angeles (CRA/LA)Recovery Areas and the County of Los Angeles Metropolitan Transportation Authority(Metro). Mr. Hayes will oversee and direct the preparation environmental documents for the project. Madonna Marcelo,Senior Associate. Ms. Marcelo joined TAHA in 2005 and has 16 years of experience preparing CEQA documents,including initial studies and negative declarations,and EIRs. Ms.Marcelo has worked on and/or managed a wide range of projects, including residential development, mixed-use development, general plan amendments, mining projects, river and roadway improvement projects, transportation projects,and monitoring projects. Ms.Marcelo also has technical experience in preparing air quality and noise analyses for CEQA documents,as well as the preparation of Phase I Environmental Site Assessments(ESAs). Ms. Marcelo is highly skilled and experienced in the management and preparation of environmental review documents and notices for compliance with CEQA mandates. Ms.Marcelo will be the project manager responsible for the daily management of environmental document preparation, budget control,monthly progress reports,and interaction with the Agency. Sam Silverman,Senior Environmental Scientist. Mr. Silverman joined TAHA in 2006. He has over six years of experience in preparing CEQA documentation. His specialties are preparing air quality and noise analyses for institutional, commercial, residential, and industrial development along with transportation projects. Mr.Slverman's thorough knowledge of air quality analysis methodology includes comprehensive familiarity with the regional and localized estimation methodology set forth by air districts in Southern California,application of various computer models(e.g.,URBEMIS 2002,Emfac2002,ISCST,Caline4,and CAL3QHC), health risk assessments (HRAs), construction and operation emission inventories. His knowledge of noise analysis methodology includes noise monitoring, noise models(e.g.,Sound2000),and mobile(Federal HlghwayAdministration RD771 08 noise calculation formulas)and stationary source analyses. As a result of Mr.Silverman's abundant experience in completing technical environmental analysis for the Los tnlm ZOD7A58 3 QUALIFICATIONS AND EXPERIENCE Angeles Unified School District(LAUSD)and other government agencies, he is highly familiar with the air quality and noise standards that may be applicable to the Public Agencies'projects. Mr.Silverman will serve as the task leader for the preparation of air quality and noise analyses for the proposed project. Shannon Daniels,Planner. Ms.Daniels joined TAHA in 2005. Her previous experience includes work with the Los Angeles County Community Development Commission/Housing Authority and nonprofit sector work with a national affordable housing foundation. Her primary responsibilities at TAHA include project management and coordination,preparing CEQAcompliance documentation,aesthetics,shadow,and lighting impacts analysis, three-dimensional project modeling and community outreach. Ms. Daniels has prepared Categorical Exemptions,Addendums,ISs,MNDs,and EIRs for a range of redevelopment and transportation projects for government entities,such as the CRAILA,the Los Angeles Community College District,and the Los Angeles County Metropolitan Transportation Authority. Ms. Daniels will be the lead planner for the preparation of the environmental documents for the proposed project. Jaime Guzman,Assistant Planner. Mr.Guzman joined TAHA in 2006. His previous experience includes public sector work with the planning and research departments at the Los Angeles County Metropolitan Transportation Authority and at the City of Los Angeles Department of Recreation and Parks. His responsibilities at TAHA include air quality and noise modeling, field monitoring, document editing and translation, research, and drafting and preparing environmental documents in accordance with CEQA mandates for redevelopment and transportation-related projects. Mr. Guzman is currently finalizing and editing the Bunker Hill Redevelopment Project Amended Design for Development Draft EIR for the CRAILA, which would develop up to 6,736 new residential units,including affordable housing units, in the Bunker Hill area of Downtown Los Angeles. Mr. Guzman will assist Ms. Daniels in the preparation of environmental documents for the proposed project. Resumes are presented below for each key personnel described above who will be providing environmental documentation services for the Agency. Following the resumes is TAHA's organizational chart identifying the specializations of each TAHA key personnel. u1u 2w7-05e 4 TERRY A. HAYES, A1CP PRINCIPAL Education Harvard University, Master of City Planning, 1974 Harvard College,Bachelor of Arts, Government, 1971, cum laude Mr_ Hayes has over 33 years of experience in project management, agency coordination and public presentations. His project experience includes the environmental evaluation of a wide range of public works/infrastructure improvements, transportation, and land use projects. He has participated in the preparation of guideline and training programs for the U.S.Department of Transportation(Federal Highway Institute),as well as the U.S.Department of Housing and Urban Development. Mr. Hayes also conducted a ten-session series with staff of the City of Los Angeles Neighborhood Planning Division regarding CEQA. These sessions Involved the use of evaluation criteria and applicable technical methods to identify the magnitude of environmental impacts. Much of his experience includes the preparation of environmental documents in conformance with the National Environmental Policy Act(NEPA)and the California Environmental Quality Act(CEQA). He has worked in such cities as Los Angeles, California, New York, New York, Newark, New Jersey, Baltimore, Maryland, Albuquerque, New Mexico,Tallahassee, Florida, and Phoenix,Arizona,as well as Washington, DC. Prior to opening his own firm in 1984, Mr. Hayes held senior technical management positions at nationally recognized consulting firms including Alan Voorhees Associates(transportation planning),Skidmore,Owings 8 Merrill(architecture and planning),Gruen Associates(urban and transportation planning)and The Planning Group(demographic and socioeconomic analysis). Relevant Experience Azusa General Plan and Development Code EIR. Mr. Hayes directed TAHA's role assisting the City of . Azusa in developing renewed general plan goals,objectives,policies,programs,and concurrently preparing an EIR for the General Plan Update. TAHA was responsible for the daily management of the project,including coordination with City staff, other consulting firms on the project team, reviewing prior environmental documents prepared for the City and adjacent cities,obtaining the latest releases of year 2000 Census data for the City, reviewing USGS maps and current and historical aerial photos, compiling other environmental data for input into GIS,performing air quality and noise research,modeling,and analysis,writing sections of the EIR,preparing public notices,_and attending public hearings and community workshops. Bunker Hill Redevelopment Project Amended Design for Development EIR. The Bunker Hill Project is the most important and fiscally efficient redevelopment area in the City of Los Angeles. Mr. Hayes directed the preparation of an EIR that addressed adding approximately four-million square feet of entitlement to the area. His responsibility included the formulation and comparative evaluation of the overall development alternatives. Foothill Center Specific Plan and Redevelopment Project EIR. For the City of Azusa,Mr.Hayes oversaw the preparation of the EIR that proposed the demolition of the majority of the existing facilities on the Foothill Shopping Center site and the construction of a new mixed-use development including a full service supermarket and other retail and residential uses. Development will Include approximately 175,100 square feet of commercial space. The proposed project will also included 100 for-sale town homes,130 apartments, off-site improvements,and 1.45 acres set aside for a"Commons"area. Monrovia Nursery Specific Plan EIR. The Monrovia Specific Plan proposed to develop 489 acres of a current nursery operation in the City of Azusa. The development of the project will include up to 1,575 residential units,50,000 square feet of commercial use,parks and open space,and a school. The detailed land plan contains distinct planning areas encompassing a pedestrian-oriented walking district, a light rail who 2007-058 5 - TERRY A. HAYES, AICP transit center that consists of a station and up to 50,000 square feet of transit-related development and residential uses,detached residences anchored by a series of neighborhood parks, and housing anchored by a community recreation facility. A kindergarten through 8"grade school,joint-use park, and utility and infrastructure improvements of the proposed project,including anew fire station,are also proposed_ Working under an aggresslvely-paced.schedule,Mr_Hayes supervised all facets of the EIR process. Azusa Pacific University Sports Facility Planning Noise and Land Use Studies. Mr. Hayes was responsible for directing noise measurements and analysis for this project that includes a softball and baseball field, 200 units of student housing,20,000 square feet of university-related retail and 322 parking spaces. Potential impacts evaluated were vehicular noise, crowd noise, ambient and spillover lighting. Adjacent sensitive receptors included multi-family residences and a school. Broadway/Manchester Neighborhood Shopping Center(Broadway/Manchester Recovery Program) Supplemental Environmental Impact Report. Mr. Hayes directed the preparation of the supplemental environmental impact report. Issues of concern were air quality,noise,traffic and the effect of the project on historic resources existing on and adjacent to the site.The Broadway/Manchester Neighborhood Shopping Center is proposed as a retail center comprised of four single-story buildings for a total of 84,995 square feet ofspace. Land uses will be devoted to a stand-alone full service(Ralph's)Food-4-Less market a multi-tenant retail building,a pad for fast food and a building to accommodate a drug store. City Center Redevelopment Project EIR. As part of the review of the former Central Business District,Mr. Hayes supervised all facets of the preparation of an environmental impact report, developing preliminary development scenarios for the newly defined City Center Redevelopment Project in Downtown Los Angeles. The proposed project area encompasses approximately 879 acres. Intervention could result in the creation of between 2,000,000 and 7,000,000 square feet of new commercial and industrial space and between 3,000 and 13,000 new residential dwelling units. Redevelopment actions could also include the rehabilitation of existing commercial and industrial buildings,particularly in the historical core area of Downtown Los Angeles, many of which have historical significance. CRA/LA Recovery Area EIRs. For the City of Los Angeles Community Redevelopment Agency,Mr.Hayes directed the preparation of environmental impact reports forthe Crenshaw Corridor,Mid-City,and Watts areas identified after the civil unrest of 1992. In addition, Mr. Hayes identified land use altematives for other recovery areas including Vermont-Manchester,Westem-Slauson, and Council District 9. Pacoima Revitalization Center IS/MND. Mr..Hayes provided overall direction for the initial study/mitigated negative declarationfor the project consisting of the rehabilitation of an existing commercial building and the addition of 1,000 square feet of building space. The renovated commercial building would house the Pacoima Development Federal Credit Union and the San Fernando Valley Financial Development Corporation. The proposed project requires the demolition of a single-family house on an adjacent lot to be used for surface parking. Vermont Entertainment Village Initial Study/Environmental Assessment. TAHA is preparing an initial studylenvironmenlal asessment for this proposed mixed-use development which is located on a 42-acre site - in the Community Redevelopment Agency of the City of Los Angeles (CRAlLA) Vermont/Manchester Recovery Area. The development would include retail spaces on the ground floor with approximately 200 condominium units located on the three floor above. The project would be located adjacent to a single-and multi-family residential area. Mr.Hayes oversaw the preparation of the aesthetics analysis,shadow Impacts analysis,three-dimensional project modeling,and shadow analysis for the project. : rib 007-058 6 MADONNA MARCELO SENIOR ASSOCIATE Education University of California, Riverside Bachelor of Science., Environmental Science, 1991 University of California,Los Angeles Certificate Program in Toxic and Hazardous Control and Management Madonna Marcelo joined TAHA In 2005 and has 16 years of experience preparing CEQAINEPA documents, including initial studies and negative declarations, environmental impact reports, environmental impact statements,and environmental assessments. Ms.Marcelo has worked on and/or managed a wide range of projects, including residential development, mixed-use development, general plan amendments, mining projects, river and roadway Improvement projects, transportation projects, and monitoring projects. Ms. Marcelo also has technical experience in preparing air quality and noise analyses for CEQA documents,as well as the preparation of Phase I Environmental Site Assessments. In the last several years, Ms.Marcelo has been heavily Involved in business development(proposal preparation,client solicitation,and marketing) and overseeing staff work efforts and assignments. Relevant Experience West Hollywood Mixed-Use Overlay Zone(MUOZ)Initial Study/Mitigated Negative Declaration. Ms. Marcelo is currently preparing a Initial Study/Mitigated Negative Declaration for the City of West Hollywood. The primary goal of the proposed MUOZ is to establish a set of mixed-use standards and incentives to encourage the development of mixed-use housing and commercial opportunities along the City's commercial boulevards. Through an iterative process of modeling and analysis of past development trends in consultation with City staff, the number of additional housing units that are likely to be built as a result of the proposed project by the year 2025 was generated. MTA Division 1 Land Acquisition and Expansion Initial StudylMitigated Negative Declaration, Ms.. Marcelo served as Project Manager for the preparation of the Initial Study/Mitigated Negative Declaration for this project, which involves the acquisition and expansion of the Los Angeles County Metropolitan Transportation Authority s Division 1 Facility(bus storage,maintenance,and parking facility)in the industrial area of downtown Los Angeles. One of the main issues of the project is the noise impact the proposed project may have on the adjacent Central Hotel and Skid Row Housing. Both short-term and long-term noise measurements were conducted to establish the existing noise environment in a primarily urbanized and industrialized area. Glendale Fashion Center MNDIEA. Ms.Marcelo served as Project Manager in charge of preparing an Initial Study/Mitigated Negative Declaration for the City of Glendale Redevelopment Agency and the Environmental Assessment for FEMA for the redevelopment of the Glendale Fashion Center site. Major issues focused on the projects impacts on traffic circulation and parking. Ambassador West EIR. Ms.Marcelo prepared the Aesthetics Section of the EIR and worked in conjunction with Environmental Planning Associates In the preparation of the EIR for the project. The project is located on a 19.78-acre site that Is known as the Ambassador College West property. The project site is located in the City of Pasadena. The project proposes to develop 233 new senior living units and 70 condominiums,as well as to preserve and convert existing structures for 46 apartments, 25,734 square feet of institutional support uses,7,834 square feet of professional office space and one single-family residence. Development would be achieved through preservation,re-use and new construction with goals of preserving open space, respecting the character and scale of adjacent neighborhoods and historic preservation. Big Bear Lake Hilton Garden Inn EIR. Ms.Marcelo oversaw the preparation of an Environmental Impact Report for a proposed 91-room Hilton Garden Inn hotel project in the City of Big Bear Lake. Located on Big Bear Boulevard across the street from City Hall, the project site necessitated many specialized technical mho 2oo7-05e 7 MADONNA MARCELO en.nrvnmencei ponnam ' studies, including biological resource assessments, hydrology studies, utilities analysis,and assessment of traffic impacts during both summer and winter seasons. Bubba Gump Restaurant. Ms. Marcelo served as Assistant Project Manager for the preparation of an Environmental Impact Report for the development of a Bubba Gump Restaurant at the Santa Monica Pier (recently opened—November 2005). The project consisted of the demolition of the existing 6,859-square foot, two-story building that was formerly operated by the Boathouse Restaurant and the construction of an approximately 8,955-square foot Bubbe Gump Restaurant with two levels of outdoor dining decks,Pier-level retail space,and alcoholic beverage service. A Conditional Use Permit(CUP)would be required to allow the sale and consumption of alcohol on-site. Other permits and approvals required for the project include a Development Review Permit,a Reduced Parking Permit,a Certificate of Appropriateness for building design and sign approval. City of Irvine General Plan EIR. Ms. Marcelo served as Deputy Project Manager for this EIR, which analyzed a significant shift in land,uses for the City. Also conducted air quality and noise impact assessments for the various land use alternatives. Mattel. Ms.Marcelo served as the Assistant Project Manager for the preparation of the EIR for the project, which involved Mattel,Inc.,the project applicant,who proposed to build out of Phase 11 of The Grand Way Project at 455 Continental Boulevard with 300,000 square feet of research and development(R&D)and office floor area,as well as a parking structure with a minimum of approximately 715 spaces and the redevelopment of Mattel's 1955 East Grand Avenue property,which is located Immediately to the west of the Phase II site. Redevelopment of 1955 East Grand Avenue would result in a net increase of approximately 200,000 square feet of office floor area. The proposed project would permit Mattel to consolidate operations currently conducted In a numberof leased facilities located elsewhere in the City of EI Segundo and expand its facilities by relocating other aspects of its operations in a number of other cities throughout the country to EI Segundo and to manage Its businesses more efficiently by combining a number of operations into a single,integrated, corporate campus. OPCC Access Center. Ms.Marcelo is currently preparing an Environmental Assessmentfor the City of Santa Monica in compliance with NEPA and Housing and Urban Development(HUD)requirements to obtain federal funding for improvements to a homeless service facility in the City of Santa Monica. The purpose of the project Is to maintain the Access Center on the City of Santa Monica Big Blue Bus property and move the center from its current location to the southerly comer of the Big Blue Bus property at 505 Olympic Boulevard. Relocating and improving the center would allow the Access Center staff to better accommodate 300 clients per day and reduce crowded conditions, eliminate on-street queuing, increase opportunities to provide counseling services, and increase the number of showers and reslrooms. Additionally, it would separate Ocean Park Community Center's(OPCC)facilities from those of the Big Blue Bus,allowing each entity more space for their own functions: Wisebum Unified School District. Ms. Marcelo is currently managing the preparation of environmental document and related studies for the proposed formation of the W iseburn Unified School District. Currently, Ms. Marcelo is working with the California Department of General Services in developing a scope for the preparation of an EIR and identifying key issues/tasks involved,such as the extent of community outreach, potential Impacts to the existing school district serving the high school students in the area,potential site(s) for the new high school,and the range of environmental studies required to prepare a complete and legally defensible EIR. Santa Monica College New Science Complex Initial Study/Mitigated Negative Declaration and Environmental Assessment, As Project Manager, Ms. Marcelo was in charge of preparing a joint Initial Study/Mitigated Negative Declaration and Environmental Assessment for the new science complex on the Santa Monica College campus. Mba 200M8 8 SAM SILVERMAN SENIOR ENVIRONMENTAL SCIENTIST Education University of California,Los Angeles, School of Public Health, Master of Science in Environmental Health, 2001 University of California, Santa Barbara, Bachelor of Science, Environmental Studies, 1999 Sam Silverman joined TAHA in 2006_ He has over six years of experience in preparing CEQAINEPA documentation. His specialties are preparing air quality and noise analyses for commercial,residential,and Industrial development along with transportation projects. Mr_Silverman's thorough knowledge of air quality analysis methodology includes comprehensive familiarity with the regional and localized estimation methodology set forth by the South Coast Air Quality Management District,application of various computer models (e.g., URBEMIS 2002, Emfac2002, ISCST, Caline-4, and CAL3QHC), health risk assessments (HRAs),,construction and operation emission inventories. His knowledge of noise analysis methodology includes noise monitoring, noise models (e.g., Sound2000), and mobile (Federal Highway Administration RD77 Wit noise calculation formulas)and stationary source analyses. Relevant Experience Los Angeles Unified School District (LAUSD) Air Quality and Noise. Mr. Silverman managed and prepared air quality and noise sections of environmental documents for over ten new LAUSD high schools, middle schools, and elementary schools. The air quality analyses included regional construction and operation emissions inventories,implementation of the SCAQMD's localized significance methodology,mobile carbon monoxide hotspot analysis,and examination of the LAUSD project conststencywith regional air quality plans. The noise sections included an analysis of construction noise, pick-up and drop-off activity, mobile noise, parking, and recreational noise. Avalon Encino Mitigated Negative Declaration. Mr.Silverman prepared air quality and noise analyses for a mitigated negative declaration associated with a mixed-use development consisting of 146 residential units and 13,000 square feet of retail space in the City of Los Angeles. The project consisted of 146 residential units and approximately 13,000 square feet of retail/commercial space. The air quality analyses included a summary of existing air quality conditions near the project site, construction and operations emission inventories,a mobile carbon monoxide hotspot analysis utilizing CALINE-4,and mitigation measures designed to lower air pollutant emissions generated by the proposed project. The noise analysis included ambient noise monitoring,quantification of construction and operational noise at nearby sensitive receptors,application of the Federal Highway Administration(FHWA)RD77108 noise calculation formulas to determine the potential mobile noise impact, examination of an outdoor pool area as a sensitive receptor, and noise mitigation measures. Long Beach Seaport Marina Environmental Impact Report. Mr. Silverman managed and prepared air quality and noise sections for a large mixed-use development in the City of Long Beach. The project included 425 residential units and 170,000 square feet of retail space. The air-quality analyses included a summary of existing air quality conditions near the project site,construction and operations emission inventories using URBEMIS 2002, a mobile carbon monoxide hotspot analysis using CALINE-4, and mitigation measures designed to lower air pollutant emissions generated by the proposed project. The noise analysis Included ambient noise monitoring,quantification of construction and operational noise at nearby sensitive receptors, application of the FHWA RD77108 noise calculation formulas to determine the potential mobile noise impact, examination of potential loading dock Impacts to the project site, and a comprehensive cumulative noise discussion. Animo Venice Charter High School Mitigated Negative Declaration. Mr.Silverman prepared air quality and noise analyses for a mitigated negative declaration associated with the expansion of an existing school to accommodate 420 new high school students in the Venice neighborhood of the City of Los Angeles. The mee±om-0se 9 SAM SILVERMAN air quality analyses included a comprehensive discussion of the project's compatibility with the applicable South CoastAir Quality Management District Air Quality Management Plan,a regional and localized emissions inventory,and a carbon monoxide hotspot analysis utlizing CALINE-4. In addition,an HRA was completed to determine potential carcinogenic and noncarcinogenic risks to future staff and students. The noise analysis included ambient noise monitoring,quantification of construction noise levels at nearby sensitive receptors, quantification of recreational noise levels,examination of noise generated by pick-up and drop-off areas and parking lots,application of the FHWA RD77108 noise calculation formulas to determine the potential mobile noise impact, and mitigation measures to reduce construction noise. Silicon Valley Rapid Transit Corridor Environmental Impact Statement/Environmental Impact Report. Mr.Silverman is completing an air quality assessment for construction of a 16.3-mile BART heavy rail transit . line from the City of Fremont to the City of Santa Clara. The majority of the line would be at-grade light-rail but a portion of the alignment would be subterranean.The Draft EIR/EIS air quality assessment includes an analysis of construction emissions and operational emissions. Operational emissions were calculated utilizing total vehicle miles traveled for the proposed project and Federal Transit Administration guidance contained in Section 5309(New Starts Criteria). The potential for carbon monoxide(CO)hotspots to develop at roadway intersection was calculated using the California Air Resources Board'sCAL3QHC and EMFAC2002 computer models. The CO hotspot potential was also calculated for proposed parking structures using the Environmental Protection Agency's SCREEN3 computer model. Afederal conformity determination was made accordance with the guidelines contained in Title 40,Section 93.126 of the Code of Federal Regulations. The conformity determination included a comprehensive PM,analysis and PM2 a analysis based on new guidelines promulgated by the EPA In March 2006- 9200 Wilshire Mixed-Use Development Environmental Impact Report. Mr.Silverman served as Assistant Project Manager for the preparation of an EIR for a mixed-use development in the City of Beverly Hills. The project consisted of 54 condominium-units, 14,000 square feet of.commercial space, and a four level subterranean parking garage. The project included overlay zoning for the project site and a General Plan Amendment to allow residential uses in a commercially zoned area and additional height and density. Other aspects of the project included a minor code amendment for an exemption from the soil depth requirements for landscaping along an alley to accommodate the subterranean garage and a Development Agreement between the Applicant and the City. Mr.Silverman prepared the majority of the sections associated with the EIR,including comprehensive air quality and noise sections. Skyline Ranch Project Environmental Impact Report. Mr.Silverman assisted in the preparation of EIR air quality and noise sections for a proposed 1,251 unit residential development in the City of Fresno. His air quality responsibilities included a summaryof existing air quality conditions near the project site,construction and operations emission Inventories,and a mobile carbon monoxide analysis utilizing CALINE-4. The noise analysis included ambient noise monitoring,quantification of construction and operational noise at nearby sensitive receptors,application of the FHWA RD77108 noise calculation formulas to determine the potential mobile noise impact,and examination of noise generated by the nearby Sierra Sky Park air facility. Los Angeles Unified School District Health Risk Assessments. Mr.Silverman prepared multiple HRAs for LAUSD schools pursuant to Public Resources Code Section 21151.8 and Education Code Section 17213. He was responsible for source identification, source characterization, exposure quantification, and risk characterization. Source identification involved a site walk to locate all hazardous emitting facilities within 500 feet of the proposed schools.Source characterization involved obtaining information from owners of emitting facilities,and if necessary,calculating emission factors associated with freeways or heavily traveled roadways.. Exposure quantification involved determining contaminant impacts during school hours using the ISCST dispersion model. The final step was to characterize the carcinogenic,chronic,and acute health risk to staff and students at the proposed school using methodology set forth by the California Environmental Protection Agency,Office of Environmental Health Hazard Assessment. uha 2007.058 10 SHANNON DANIELS on.r�pr.mpneel plcMp�0 PLANNER Education University of Southern California, Master of Planning,2005 California State University, Long Beach,Bachelor of Arts, Sociology, 2003 Shannon Daniels joined TAHA in 2005 after specializing in social and community development at the University of Southern California. Her previous experience includes government sector work with the Los Angeles County Community Development Commission and nonprofit sector work with a national housing foundation. Her primary responsibillfies include project coordination and management, assisting in the preparation of CEQAINEPA compliance documentation, research, air quality and noise modeling, lighting analysis, subconsultant communication, client interaction, community outreach, three-dimensional project modeling,aesthetic and shadow impacts analysis, and site reconnaissance. Relevant Experience Vermont Entertainment Village Initial Study/Environmental Assessment. TAHA is preparing an initial studylenvironmental assessment for a proposed shopping center development on a 4.2-acre site in the Community Redevelopment Agencyof the Cityof Los Angeles(CRAILA)VermonUManchester RecoveryArea. The development would Include approximately 130,000 square feet of retail spaces on the ground floor, 20,000 to 30,000 square feet of office space on the second floor, and a five-story parking structure. The project would be located adjacent to a single-and multt-family residential area. As project manager, Ms. Daniels is responsible preparation or the environmental document including close communication with the . developer,site reconnaissance,aesthetics analysis,shadow impacts analysis,and three-dimensional project modeling. Los Angeles Southwest College Final EIR Addendum. The Los Angeles Community College District (LACCD)retained TAHA to prepare an EIR for the Los Angeles Southwest College(LASC)Master Plan. The Final EIR was certified by the L.ACCD Board in 2003. Recently,LASC proposed changes to the Master Plan, which required a Final EIR Addendum. LASC proposed to reuse the existing LASC west-central shipping/receiving building to accommodate a Central Plant facility, including the installation of two cooling towers and 50 cylindrical tanks associated with the Thermal Energy Storage System,which are proposed to be located outside and adjacent to the existing building. Ms. Daniels assisted with the management and preparation of the Final EIR Addendum. 'Ms.Daniels was responsible for obtaining project Information from LASC and communicating with the LASC project manager on a daily basis. Bunker Hill Amended Design for Development EIR. The Bunker Hill Amended Design for Development Project consisted of revisions to the existing Bunker Hill Design for Development Document. The project area is located within the Central City Community Plan area within Downtown Los Angeles.. Proposed revisions included an Increase of floor area ratio,and revised land use and streetscape policies. TAHAwas responsible for preparing an EIR for the proposed amendment.. Ms. Daniels assisted with the Cultural Resources and Cumulative Impacts discussions and technical editing. . Formation of Wiseburn Unified School District EIR. TAHA is currently preparing an environmental document and related studies for the proposed formation of the Wisebum Unified School District. TAHA is working with the California Department of General Services in developing a scope for the preparation of an EIR and identifying key Issues/tasks involved,such as the extent of community outreach,potential impacts to the existing school district serving the high school students in the area, potential site(s)for the new high school, and the range of environmental studies required to prepare a complete and legally defensible EIR. Ms.Daniels assisted with preliminary research and graphics preparation for the Notice of Preparation. Mid-CitylExposition Light Rail Transit(LRT) Project Final EIS/EIR. Ms.Daniels assisted in managing TAHA's role in preparing final environmental documents for the Los Angeles Metropolitan Transit Authority's Uw 2007-058 t 1 SHANNON DANIELS (Metro)proposed 10-mile extension of the Metro Light Rail from downtown Los Angeles to Culver City. Ms. Daniels worked closely with Metro officials to meticulously refine the format and layout of the Final EIS/EIR including Noise and Vibration edits,Response to Comments sections and Draft EIS/EIR comments database tables. Ms. Daniels was heavily involved in post-Final EIS/EIR activities as well. These included community workshop meetings, responding to government agency questions on the Project, as well as preparing the Findings of Fact and Statement of Overriding Considerations,the Mitigation Monitoring and Reporting Plan, and responses to public and agency comments on the Final EISIEIR for the Record of Decision. Ms.Daniels also prepared a Categorical Exemption regarding minorchanges to the Project under CEQA and an Addendum to the Final EIS/EIR addressing minor traffic,land acquisition,and visual quality issues related to the relocation of a proposed traction power substation(TPSS). Ms.Daniels recently completed the Flower Street Traffic Memorandum providing supplemental information,data,and analysis of the Project applicable to its adopted Flower Street alignment in Downtown Los Angeles. These documents will be utilized during construction of the light rap line. South Gate Educational Center(Firestone Site)Master Plan EIR.TAHA is preparing a Draft EIR for the adoption and implementation of the South Gate Educational Center Master Plan. The Los Angeles Community College District,the Lead Agency under CEQA,has developed a Master Plan to construct and re-use structures on an approximately 21-acre site near the intersection of Firestone Boulevard and Alameda Street in the City of South Gate. The project would provide a full service college campus curriculum including transfer and vocational curriculum, degree programs, certificate programs, and skill set certificates for a maximum student enrollment of 12,000 students in required administrative,academic,vocational,support, and,parking facilities_ A Children's Center would also be provided on the campus. Ms.Daniels is responsible for project coordination, Draft EIR,and graphics preparation. 8600 Wilshire Mixed-Use Project EIR.The proposed project would add a mixed-use development to Wilshire Boulevard in Beverly Hills which would include residential apartments above retail space as well a four townhomes. Ms. Daniels assisted in project research,site reconnaissance,the public scoping meeting,and the preparation of the Notice of Preparation,Aesthetics analysis,Geology,Project Alternatives,introductory and summary discussions of the Draft EIR. Ms.Daniels was responsible for three-dimensional renderings, shadow diagrams and corresponding aesthetic impacts analysis. Big Blue Bus Master Pian Expansion Final EIR Screenwall Addendum. In 2000,TAHA prepared an EIR for the City of Santa Monica Big Blue Bus Master Plan which entailed the upgrade and expansion of the Big Blue Bus facilities at the southwest corner of the intersection of Colorado Avenue and 7"Street. The City of Santa Monica has recently proposed changes to the original Master Plan which includes the installation of a screenwall,surface parking lot,and the shift of the Maintenance Building to the north within the boundaries of the project site. Ms. Daniels was responsible for preparing an Addendum to environmentally clear these minor changes to the Master Plan and project. Ms. Daniels completed analysis of the minor changes associated with Land Use, Human Health,Population, Housing, and Transportation. Compton College Performing Arts and Recreation Complex Initial Study/Mitigated Negative Declaration. TAHA prepared an Initial Study/Mitigated Negative Declaration for this project which consisted of constructing a Performing Arts Complex at the southeastern portion of the Compton Community College Campus. The project would provide improvements to the campus adjacent to the proposed Performing Arts Complex. Ms.Daniels completed a three-dimensional model and renderings of the project using SketchUp, a software program used for creating, viewing, and modifying three-dimensional structures. Using this program,Ms.Daniels generated project-related shadows,created shadow diagram graphics,and completed the shadow impacts analysis for the project. Ms.Daniels also assisted in the completion of the Response to Comments section, mha 2W7.o5e 12 JAIME GI. zmAN ASSISTANT PLANNER Education University of California Los Angeles, Master of Arts, Urban Planning, 2006 Cornell University, Bachelor of Science, Biological Sciences, 1997 Jaime Guzman joined TAHA in 2006. His previous experience includes public sector work with the planning and research departments at the Los Angeles County Metropolitan Transportation Authority and at the City of Los Angeles Department of Recreation and Parks. His responsibilities at TAHA include research, site reconnaissance, GIS mapping, graphics, air quality and noise modeling, field monitoring, subconsultant communication, document editing and translation, and drafting and preparing various environmental documents In accordance with CEQAINEPA mandates. Relevant Experience Bunker Hill Redevelopment Project Amended Design for Development EIR. The Bunker Hill Amended Design for Development Project consisted of revisions to the existing Bunker Hill Design for Development Document. The project area Is located within the Central City Community Plan area within Downtown Los Angeles. Proposed revisions included an Increase of floor area ratio,and revised land use and strestscape policies. TAHA was responsible for preparing an EIR for the proposed amendment. Mr.Guzman assisted with document preparation,research,and editing. Metro Union Bus Maintenance& Operations Facility ISMA. Metro is planning to construct a new bus maintenance and operations facilities at the intersection of Cesar Chavez Boulevard and Vignes Street in east Downtown Los Angeles. The site Is approximately 8.23 acres. The facility will house and operate a mixed fleet of approximately 200 CNG buses and will be designed to accommodate 40-foot,450-foot, and 60-foot long articulated buses. Three levels of bus and automobile parking,an administrative building,maintenance shop,and all associated maintenance and fueling equipment are being proposed. Environmental documents in compliance with NEPA and CEQA are needed. It was determined that an Initial Study/Environmental Assessment(ISIEA)is needed for CEQA and NEPA compliance. Mr.Guzm6n assisted with the preparation of the IS/EA document for the proposed project.. Harbor Freeway Gateway Center Environmental Impact ReportlEnvironmental Assessment. The ro osed project would develop a commercial retail center and amixed-use development in the P P P 1 P Broadway/Manchester Recovery Redevelopment Project. The 230,600 square feet commercial retail center would consist of a 15,000-square-foot drug store, 54,000-square-foot market, 132,000-square400t Target department store, a 6,000-square-foot family restaurant, and 23,600 square feet of other retail uses. The mixed-use development would consist of 21,750 square feel of retail use and 51 residential condominiums. Issues of concern includes aesthetics, air quality, cultural resources, noise, populationthousing, public services,traffic,and utilities. Mr.Guzmen's responsibilities include EIR/EA document preparation and editing. West Hollywood Mixed-Use Overlay Zone(MUOZ)East Side EIR. Mr..Guzm6n is currently assisting in the preparation of a Draft EIR for the City of West Hollywood. The primary goal of the proposed MUOZ Is to establish a set of mixed-use standards and incentives to encourage the development of mixed-use housing and commercial opportunities along the Santa Monica Bouleverd from Fairfax Avenue east to La Brea Avenue. Through an iterative process of modeling and analysis of past development trends in consultation with City staff, the number of additional housing units that are likely to be built as a result of the proposed project by the year 2025 was generated.. Iain 200M58 - 13 REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED TARGET. STORE REDEVELOPMENT PROJECT REDEVELOPMENT 1AGENCY OF THE CITY OF AZUSA ENCY) TERRY A.HAYES ASSOCIATES LLC(TAHA) Terry Hayes AICP, al - Madonna Marcelo,Projectact Manager AESTHETICS 8 AIR QUALITY BIOLOGICAL RESOURCES SEISMICITY HAZARDOUS MATERIALS WATER QUALITY VISUAL QUALITY Sam Silverman Jaime Guzman Terry Hayes Jame Guzman Shannon Daniels Shannonr� uDaniels S�Jaime Guzman Madonna Marcelo . Shannon Daniels LAND USE 8 MINERAL RESOURCES NOISE POPULATION a HOUSING PUBLIC SERVICES TRANSPORTATION 8 UTILITIES 6 SERVICE TRAFFIC SYSTEMS PLANNING Shannon Danielsam Guzman Madonna Marcelo Jaime Guzman Terry Hayes Madonna Marcelo Terry Hayes Jaime Guzman Guz Jaime man Shannon Daniels Madonna Marcelo Jaime Guzman Shannon Daniels Jaime Guzman Jaime Guzman QUALIFICATIONS AND EXPERIENCE TAHA has prepared environmental documents for numerous redevelopment,commercial,and transportation projects in Los Angeles County,including the City of Azusa. We have provided environmental documentation and services to the CRAM on many projects,including the City Center Redevelopment Project EIR,Pacific Corridor Redevelopment Project EIR, and the Bunker Hill Redevelopment Project Amended Design for Development EIR. TAHA Is also providing technical assistance for the Bunker Hill Project, advising the CRA/LA as to the best course of action to take in terms of finalizing the environmental document with the changes to existing conditions that have recently taken place in Downtown Los Angeles. In addition,TAHA has prepared Addenda for the City of Santa Monica Big Blue Bus Facility Master Plan EIR,-the Los Angeles City College Master Plan EIR,and the Home Depot National Training Center Final EIR. TAHA is extensively familiar with the City of Azusa and the Project area. As previously mentioned,TAHA prepared the Azusa General Plan and Development Code EIR and the Foothill Center Specific Plan and Redevelopment Project EIR,which are described and illustrated on the following pages. In addition,TAHA prepared an IS/MND for the Azusa Library, which entailed the construction of an approximately 65,000 square-foot, two-story library. Construction of the project required the removal of existing residential and commercial uses on the project site. Issues of concern included aesthetics,cultural resources,geology and soils,hazards and hazardous materials,and traffic and parking. TAHA also prepared an EIR for the Monrovia Nursery Specific Plan,which proposed 1,250 homes,park space,commercial property,and a kindergarten through 6th grade school on approximately 500 acres of land. TAHA conducted public scoping meetings at the outset of the environmental process to gain Input on issues important to the community and later presented the findings of the EIR to the public and the Citys Planning Commission. One ofTAHA's areas of specialization is transportation projects. The project site is located north and adjacent to the Metro Gold Line right-of-way and the possible future location of a transit station planned by the Gold Line Authority. TAHA has prepared several Stale and federal environmental documents for Metro and is extensively familiar with the issues involved with constructing commercial developments adjacent to transit rights-of-way(e.g.,light rail transit(LRT),bus rapid transit(BRT),heavy rail,diesel multiple unit,etc.). TAHA has worked on several of Metro's transit projects,including the Mid-City/Exposition LRT Project Final EISfEIR and Addendum and the Mid-City/Westside Corridor EIS/EIR. The following pages present descriptions of TAHA's work experience with projects similar to the Agency's proposal. These projects demonstrate ourcompetence,specialized experience,and capability to fully serve the City of Azusa in obtaining environmental clearance for the proposed project. win 2007-058 15II RELATED PROJECTS .nw ,ve..:s.W pwn•. 0 AZUSA GENERAL PLAN AND DEVELOPMENT CODE ENVIRONMENTAL IMPACT REPORT FFF�77yi� j'�'�.'i' � j�t '.L �� j��f=*u - d rvs+•O-jy-i�.nS' - �'" _ _ y`�f.r *L A-�ii+,, u'4YY�,,'1 0..Y es.7 i r�•,�.r•�n'y�'k x"1.1 }'!NJ �{ f 7 5 d<y r ai G PI : i rz3 '� i 1y4F4 t; rtn l i }�— t r .•xr-��- { I �1 !A .'F 3,"1L r• 3iii`L.a �t r � 1 t4..1 f fir•:' � .� 3 j.�•� a1 ,,1& +€.�.. -}b,lLrir�j1 AI/1 a 1 ....:.:..:....... .. . t2he 028 TAHA assisted the City of Azusa in developing renewed General Plan goals, objectives, policies, and programs and concurrently preparing an environmental impact report for the General Plan Update. TAHAwas responsible for the daily management of the project,including coordination with City staff, subconsultants, and other consulting firms on the project team, reviewing prior environmental documents prepared for the City and adjacent cities,obtaining the latest releases of year 2000 Census data for the City,reviewing USGS maps and current and historical aerial photos, compiling other environmental data for input into GIS, performing air quality and noise research, modeling, and analysis, writing sections of the environmental impact report, preparing public notices, and attending public hearings and community workshops. TAHA researched numerous environmental impact categorieswith respect to the revised General Plan's ability to affectthe City's long-term growth. Client: Lisa Brownfield,City of Azusa,213 E. Foothill Bouleva-rd,Azusa,CA 91702 626-812-5236 Location of Project: Azusa,CA Type of Project Plan Project Start/Completion: 1999/2003 RELATED PROJECTS .... � FOOTHILL CENTER SPECIFIC PLAN AND REDEVELOPMENT PROJECT ENVIRONMENTAL IMPACT REPORT "Y J �` 3 '� `s q o � � tap x { .x 1 . 111 516 J js - — / 3 .- 101 aha 2002-55 - TAHA prepared an environmental impact report for the proposed project located in the City of Azusa at the southwest comer of Citrus and Alosta Avenues. The project includes demolition of the majority of the existing improvements and construction of a new mixed-use development including retail uses, residential uses, office space, and open space. The entire development area, approximately 22.7 acres,will be redeveloped into commercial and residential uses,which Include parking facilities. Approximately 175,100 square feet of commercial space will include office,retail, a drugstore, supermarket, and pavilion buildings. Residential uses will consist of about 230 dwelling units,totaling 510 bedrooms. Dwelling units will be comprised of about 100 for sale town homes,and 130 garden apartments. Additionally,the project wil l have a 1.45 acre"Commons"area that will be the centerpiece of the mixed-use development. The project has been designed using traditional neighborhood design in a grid pattern to encourage pedestrian traffic. Client: Roy Bruchner, Director of Community Development,City of Azusa 213 E. Foothill Boulevard,Azusa,CA 91702 626-612-5236 Location of Project. Azusa,CA Type of Project: Commercial,Housing Project Start(Compietion: 2002 RELATED PROJECTS r,rwroMm,nn+,Wunn••ry MONROVIA NURSERY SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT oil ttt Y � ,,he 2002-N TAHA prepared an environmental impact report for the recently approved development of 1,250 homes,parks,commercial property,and a kindergarten through 8th grade school on approximately 500 acres of land at the base of the San Gabriel Mountains in the City of Azusa. The project site is currently home to the Monrovia Nursery Company, one of the oldest and largest horticultural operations in the country. The controversial and politically-charged project required several thousand pages of environmental documentation, covering topics from historic resources and aesthetics, to hydrology and geologic hazards: TAHA conducted public scoping meetings at the outset of the environmental process to gain input on issues important to the community and later presented the findings of the environmental impact report to the public and the City's Planning Commission. Serving as the factual basis for the potential effects of the project,the environmental' Impact report was instrumental in resolving much of the controversy surrounding the project. The planning and community involvement effort undertaken and the resulting Specific Plan was heralded as a model of New Urbanism byformer HUD Secretary Henry Cisneros. Client: Roy Bruchner, Director of Community Development,City of Azusa 213 E..Foothill Boulevard,Azusa,CA 91702 626-812-5236 Location of Project: Azusa,CA Type of Project: Housing Project StarNCompletfon: 2002 REFERENCES TAHA has developed strong relationships with many public and private clients over the past 23 years and has worked with numerous"repeat"clients because of the quality of our products. Listed below is a sample of reference clients: Bunker Hill Amendment to Design for Development EIR Pacific Corridor Redevelopment Project EIR City Center Redevelopment Project EIR Central Industrial Redevelopment Project EIR Pico-Westlake Redevelopment Project Program EIR Community Redevelopment Agency, City of Los Angeles 354 S.Spring Street Los Angeles,CA 90013 Contact: Ms.Pauline Lewicki,Senior Planner,213.977-1695 City of West Hollywood Mixed-use Overlay Zone MND The Lot Motion Picture Television Supplemental EIR City of West Hollywood 8300 Santa Monica Boulevard West Hollywood,CA 90069 Contact: Mr.David DeGrazia, Senior Planner,323-848-6844 6600 Wilshire Boulevard Mixed-Use EIR Linden Hotel EIR Grand Plaza Hotel EIR Saks Fifth Avenue EIR Barney's New York EIR City of Beverly Hills Planning Department 455 N. Rexford Drive,Room G40 Beverly Hills,CA 90210 Contact: Mr.Larry Sakurai, Principal Planner,310-285-1123 LACMTA Exposition Light Rail Transit Corridor EIR LACMTA Wilshire Boulevard Rapid Transit EIRIEIS Los Angeles County Metropolitan Transit Authority One Gateway Plaza MS:99-22-3 Los Angeles,CA. 90012-2952 Contact: Mr.David Mieger, Project Manager,213-922-3040 uhz zw7-059 19 SCOPE OF WORK ._... -.- --... � k The TAHA Team Is qualified to prepare and review documentation related to compliance with CEQA mandates and has provided similar services on other projects within the City of Azusa. The TAHA Team will provide all professional services required for the presentation, coordination, and completion of all work described In the Consultants Responsibilities and Scope of Work sections in the RFP. All CEQA compliance services will be completed in accordance with applicable federal, State, and/or local environmental laws, regulations, and/or guidelines Including but not limited to the CEQA Guidelines, Public Resources Code Section 21151,as referenced in Section 33352(i)of the California Community Redevelopment Law(Health and Safety Code Section 33000),and the City of Azusa Local CEQA Guidelines. Terry Hayes will be responsible for interfacing with the Agency and representing the Agency in meetings and through correspondence with all responsible agencies and reviewing agencies for the purpose of developing, managing,and implementing all actions required for the preparation of CEQA documents in order to receive certification and City Council approval of the project. If necessary,TAHA will make technical presentations or participate in any related community meetings. Mr. Hayes will oversee the completion of the tasks described below. SITE RECONNAISSANCE AND BACKGROUND RECORDS SEARCH TAHA will conduct field visits to the project site and surrounding area to assess the existing environmental setting and areas of potential impacts. TAHA will obtain and review the Prior Planning and CEQA Documents (the City's General Plan, Development Code, General Plan and Development.Code Environmental aleI topact Report(EIR), Redevelopment Plan, Redevelopment Plan EIR and Implementation Plan)app the project site. Information in such documents will be reviewed for relevance and accuracy with regard to the project. Incorporating Information from these documents, such as background, environmental setting description,and analysis methodologies would help TAHA to complete environmental documents on-budget and ahead of schedule. ADDENDUM If determined to be the appropriate document to disclose the impacts of the proposed project, TAHA will prepare an Addendum to the City's General Plan and Development Code EIR. A discussion of the background and environmental review requirements associated with the Project and the General Plan and Development Code EIR will be provided. The environmental analysis of the Addendum will be tiered off of the analysis from the previous environmental impact review. Based on comments received from the Agency, TAHA will finalize the Addendum. Since EIR Addenda do not need to be circulated for public review, this scope of work does not include public circulation and review of the EIR Addendum. INITIAL STUDY If determined to be the appropriate document to disclose the impacts of the proposed project, TAHA will prepare an Initial Study to determine the appropriate environmental documentation necessary to complywith CEQA requirements. Each of the 16 environmental topic areas will be evaluated in sufficient detail to support the preparation of a Negative Declaration(ND)or Mitigated Negative Declaration(MND),if appropriate. TAHA will utilize the Prior Planning and CEQA Documents In the preparation of the Initial Study. Mha 2007058 20 4_t h - SCOPE OF WORK NEGATIVE DECLARATIONS OR MITIGATED NEGATIVE DECLARATIONS If determined to be the appropriate document to disclose the Impacts of the proposed project, TAHA will prepare an IS/ND or IS/MND for the Project. The environmental analysis section of the IS/ND or IS/MND will address each of the environmental topics shown in the CEQA Guidelines. The emphasis in this phase of the work will be placed on the following factors: • Impact of the Environment on the Project • Impact of the Project on the Environment • Short-term Construction-Related Impacts • Long-term Operations and Activity-Related Impacts Our"first pass"at the analyses will seek to identify each of the environmental topics that will not be affected by the proposed project,either because there is no relationship between the proposed project and this factor (i.e.,"No impact"),or because the anticipated threshold of change is very small("No Significant Impact"). The process will entail utilizing the Prior Planning and CEQA Documents, completing a checklist that provides detailed supporting explanations,and preparing tables and graphics to address each topic. The"second pass"will identify those areas where then:maybe significant impacts. Where significant impacts are anticipated,these topics will be examined in greater detail,and mitigation measures will be established. Project Description: TAHA will prepare a project description including a detailed text narrative supported by illustrated project-specific graphics. It is anticipated that the project description will include, but not be limited to,the following: Site location map Regional context map • Description of the project • Phasing and Implementation concepts Impact Analysis To provide a baseline against which potential environmental impacts can be compared,TAHA will prepare impact analysis for each environmental topic of the Initial Study Checklist TAHA will also conduct the appropriate technical analyses and prepare the basic environmental document for initial review by the Agency. The Prior Planning and CEQA Documents will be utilized as a basis for evaluation in addressing the following environmental topic areas: Aesthetics and Visual Quality. The visual impact analysis may address the following issues: shadows, scenic highways, changes to the existing visual character of the project area, views/vistas, open space resources, and light and glare. The IS/ND or IS/MND may utillze any conceptual renderings that will be created for the project to support the aesthetic impact determination_ Air Quality. The air quality impact analysis will address construction and operation of the Project. Based on anticipated construction activities, calculated air pollutant emissions will be compared with applicable thresholds and criteria established by the South Coast Air Quality Management District (SCAQMD). mbu 200-03e - 21 . SCOPE OF WORK r URBEMIS2002 model will be used to estimate daily pounds of emissions generated by the Project Potential project-related daily emissions and Carbon Monoxide(CO)hotspots will be evaluated using the traffic and parking analysis prepared by the Mobility Group, along with the projects consistency with the regional air quality plans and strategies. Biological Resources.. TAHA will conduct site visits,a literature review,a review of topographic maps,and research the Prior Planning and CEQA Documents,the County of Los Angeles General Plan,and any other local plans to determine if the Project Site contains sensitive plants,wildlife,or other biological resources that may be impacted by the Project. Geology and Seismicity. TAHA will review County and City documents(e.g.,the Prior Planning and CEQA Documents,the County of Los Angeles and City of Azusa General Plans),and the most current information available from the United States Geological Survey(USGS)and California Geological Survey(CGS). Using the information gathered from these sources and from the Phase I Environmental Site Assessment(ESA) provided by the Agency,this section will identify geotechnical constraints and hazards within and adjacent to the project site, including, active faults, Alquist-Priolo Fault Hazard Zones,liquefaction,subsidence, slope stability, 100-year flood plains,groundwater levels,earthquake ground motion,and ground surface rupture.. Hazards and Hazardous Materials. TAHA will Integrate the findings of the Phase I FSA provided by the Agency into the IS/ND or ISIMND along with any recommended mitigation measures. TAHAwill summarize the recommendations and conclusions made in the Phase I ESA regarding the historical uses of the project Site, potential hazardous substances found on the Project Site, and the potential impacts that these substances would have on the project. Other County or City documents,such as General Pians and the Prior .Planning and CEOA Documents,will be reviewed in the preparation of this evaluation. Hydrology and Water Quality. TAHA will utilize the Phase I ESA provided by the Agency to prepare the hydrology and water quality analysis. This analysis will determine whether the development of the project will effect existing drainage patterns that currently prevent erosion,siltation,and flooding. The presence of 100- year flood zones within the project Site and area will be identified, along with any impacts associated with water runoff and mudflows. Land Use and Planning. TAHA will consider changes to land uses within the project area that may occur as a result of the Project. Potential land use conflicts will be analyzed,as will the projects consistency with the City or County General Plans and the Southern California Association of Governments(SCAG)plans and policies. Noise. TAHA will prepare a noise impact analysis that will address the construction and operation of the project. The construction analysis will focus on short-term and long-term effects of project construction and operation on adjacent residential areas,as well as other sensitive receptors that may be located adjacent to the Project Site. Transportation,Traffic,and Parking. TAHA understands that a traffic and parking impacts report will be prepared by The Mobility Group under a separate contract. TAHA assumes that mitigation measures will be recommended for potentially significant traffic Impacts. TAHA will incorporate the data and results from the traffic and parking study into the ISIND or ISIMND. utu 2007-058 - 22 SCOPE OF WORK Finalize and Circulate Draft ISIMND After two (depending on Agency requests)W[review ofthe Goeenchec Draft |G0NND. 7AHAwill finalize and circulate the Draft ISIMND document. TAHA will also provide assistance to the Agency in distributing the Draft IS/MND to agencies and interested parties,as necessary. Preparation of Responses to Comments Atthe end ofthe public circulation periodfor the Draft|R/MmDT&HAwill address all written comments,as � will haInventoried and cataloged and responses prepared}noResponse bmComments Chapter ofthe Final IS/MND (the response structure will be discussed v*ith the Agency to ensure that the format of responses � meets Its ,equiremnniu). This will give unique identifying number tpeach comment raised and provide a thoughtful written response identified by the same unique tracking number. This Response to Comments Choptmrwi|bmprovided to all who commented on the Draft ISIMND,at minimum,ten days priorto certification of the Final ISIMND. As part of this task,the Notice of Intent to Adopt a Mitigated Negative Declaration will beprepared for the Agency. Prepare Mitigation Monitoring&Repo-Ing Proaram For all mitigation measures identified in the EIR,TAHA will prepare a monitoring programthat will allow the District to verify that the required mitigation measures have been implemented. The program will explicitly idenis onsible for implementing the measure, the entity responsible for monitoring nNo� ~nnen\ofthe what 'measure � undthephoaovfthe project(pn*nnnatruotion.construction,orpuat-nonsbmohnn) when the measure would hoimplemented. PROJECT MANAGEMENT TAHA holds weekly project statusn`eetingoioenaunmWha$aUntaffmwmnborsnnaavmsnemfaohedNegoals, objeclives, and other critical path items associated with the needs of a job. The Project Manager will ho responsible for tracking assignments,performance,and budget and will work proactively toaddress issues that may affect successful and expeditious execution of work.. TAHA project managers are knowledgeable of Issues associated with the various environmental technical specialties (e.g,, historic resources, traffic analyses,geology,etc).which further aids their proactive approach. Terry Hayes will be responsible for directing the preparation of all documents and is actively Involved in the creation and review of various technical analyses. Mr. Hayes establishes the overall direction of all-projects and is responsible for major presentations regarding content,scope,and findings of all documents. Mr.Hayes and the Project Manager will be responsible for tracking and controlling costs for budget control. QUALITY CONTROL PLAN Public concern about environmental issues is an ever-growing issuo, and communities have become increasingly more sophisticated in viewing potential environmental consequences of development and public dentitling plans. Conaequent|«TAHAisconstantly koo0ngfor and imp|ennandngnew vvaymnopnn/ `' o | 'ou clear,concise and credible environmental documents. Our environmental reports are not "boiler p|otos." Rather,each iatailored 10address apeu|ficissues ofconcern. Tmassure the most accurate 2� ��� f SCOPE OF WORK .....-..._..- . . _.......... --ZRAF -- and consistent work possible,we have established a quality control plan. TAHA uses an in-house technical editor, and all documents are reviewed by the Mr. Hayes and the Project Manager prior to submission to ensure technical accuracy and focus. To ensure the submission of the highest quality documents, all documents prepared by TAHA for the proposed project will be reviewed In the same thorough detail. bim 200•05e 24 � COST AND SCHEDULE � � This section presents the cost estimate for preparing environmental documentatlon for the � estimates-are presented,one for preparing an IS and Final EIR Addendum and the other for preparing an |S8WND. � TAHAunderstands the time-sensitive nature nfthe project. TAMAhas prepared environmental documents Agencyfor projects within the City of Azusa and will utilize Prior Planning and CEQA Documents provided by the for the requested environmental docu,nento1ionservices, Aoaresult uyT&MA'oeutonowe0um|||ar�y othe area and the Prior Planning and C5QADocuments,the environmental documents are highly likely tn be completed on the schedule described in the RFP. TAHA's schedule for the completion of environmental documents isprovided below. TAHAiswilling 1oadjust the project schedules ounecessary. ` 25��� TERRY A. HAYES ASSOCIATES LLC SREAKDOWN RedevelopmentThe Proposed Target Project .r5i ' .r,rir' 3"fi�rlla� ik alt M�+�R ��',�.","�t'���'E Princl al • Sr.Assoc.re Sr.Env.Sci. Planner AssL Planner 02 nice Admin.Asst .:�.�'"✓Mh',`1.Pd'T+/ '� "' l� ��-`.•L~f Work Aetivl $19700 314000 510200 57500 $5900 $11400 55200 HOURS COST I;!$' x l,...},''Y4 -S..T. r.fo rP;a.Gt.1A' Nri 4rAva... ., ,aY:AY.�114'JI l .>13u.11)l::AL : f013...SYmi.x rll 4i=%-.'1. t Is. �v .:.nUxt✓(Y �..U.J:Itt..:YX';Fek�^ Kick-0g Meetingd 4 0 0 0 0 0 8 $ 1348.00 Prepare Project Description 2 2 0 14 0 4 0 22 $ 2,180.00 Alr Quall An is 1 2 20 2 11 0 0 - 36 $ 3,426.00 Norse Analysis 1 2 20 2 11 0 0 '36 $ 3,426.00 Reviewllnco orale TreRc Stu tl into lS' 2 0 2 8 0 0 0 12 S 1,195.00 Rewew2E2 orate Phase I ESA Into IS 1 2 0 0 B 0 0 11 $ 1,029.00 Screendleck Orafl IS Preparation 2 Screenchecksl 0 4 0 16 10 10 5 45 $ 3.850.00 Finalize IS 22 0 4 4 4 2 18 $ 1,810.00 EIR Addendum Preparation(2 Screenchecksl 2 4 01 16 4 4 0 30 $ 2,886.00 Finalize EIR Addendum 2 4 4 6 5 2 2 25 $ 2,489.00 Total Hours 17 26 46 68 53 24 9 243 TOTAL LABOR COST $ 3,349 $ 3,640 $ •4,692 $ 5,100 $ 31657 $ 2,736 $ 468 $23,642.00 Direct Expenses $1,800.00 Sencheck IS and Addendum Pdn0 36 coles cre Finalized IS and Addendum Pdn0n 100 coies $4,500.00 afieromf Costs(messenger Posfsge,mileage. _ Mdex CDs etc) $ 400 Mileage $ 200 1(1) er/PedexiPosta e $6,900.00 Total Direct Expenses $30,542.00 GRAND TOTAL uiu�ooams TERRY A, HAYES ASSOCIATES LLC -BREAKDOWN OF COST FOR THE PREPARATION OF The Proposed Tarqpt Store Redevelopment Project Initial Study/Midgated Negative Declaration (ISIMND) IV MINERMOR apfflu M— wn'tPuM Principal Sr.Assoc. Sr.Env.Sci. Planner IAsst.Plannerl Me RA Work Activity $197.00 $140.00 $102.00 $75.001 $69.00 $114.001 $52.00 HOURS COST 177 MUMWMNryTSA1i ,p—NIWWTMMM M"'W"M - , ; Kick-Off Meeting 4 4 0 0 0 0 0 8 $ 1.346.00 Pre are Project Description 2 2 0 16 0 5 0 26 $ 2.444.00 AlrQuality Analysis 2 2 20 3 12 0 0 39 $ 3,767.00 Noise Analysis 2 2 20 3 12 0 a 39 $ 3.767.00 Review/Incorporate Traffic Study into IS/MND 2 0 2 a 0 0 0 12 $ 1.198.00 Reviawfini:cirpotate Phase I ESA into IS/MND 1 2 0 0 10 0 0 13 $ 1.167.00 Smencheck Draft ISIMND Preparation(2 0 7 0 12 15 12 5 51 $ 4.543.00 Smenchecksl Finalize Draft ISIMNO 2 2 2 8 71 5. 3 33.$ 2,953.00 Pant and Distribute Draft ISIMND 0 2 0 2 2 22 $ 1.764.00 Respond to Comments 10 10 5 20 8 3 0 56 $ 6,274.00 Fm are Administrative Final IS/MND 5 4 2 9 5 2 1 28 $ 3.049.00 Print and Distribute Final ISIMND 0 2 0 10 5 1 5 23 $ 1.749.00 Attend Plowing Commission Hearing 10 10 0 0 0 0 0 20 $ 3.370.00 Total Hours 40 49 51 97 86 30 16 369 TOTAL LABOR COST $ 7,880 $ 6,660IS 5,202 $ 7,275 $ 5.934 3.420 5 832 $37,403.00 131=1 Expenses Screencheck IS/MND Printing(18 coples) $900.00 Omft ISIMND Printing IS wpies) I S45020 FInal IS/MND Printing(100 Mples) 54,500.00 Other Direct Costs(messenger,postage,mileage. fedex,CDs.ate.) Milea9d $ Sao MeswngeriFedoxfPostage $ 300 Total Direct ISKPOMS $6.650.00 GRAND TOTAL $44.053.001 TARGET REDEVELOPMENT PROJECT INITIAL STUDYIFINAL EIR ADDENDUM Schedule Ouralbn SWn Flmen May lium Ijuly AOPSI September October Nwembv Task Kick-OH Meeting and Notice to Proceed 0days Mons121ro7 Mon 5n1ro7 Sul Prepare IS Checklist NanM alivecorporate Traffic Study lsdays rue 5/22MT roe Bfi7N7 Submit tat Screencheck IS to Agency 0daw Wed ar13107 w0116113107 eH3; Agency Review of 1st Smencheck IS 7 days wed 6113107 Thu 621X17 Incorporate Agency Comments Submit Fn 1V2T107 Tue 5128/07 Submit 2nd Screencheck IS to Agency days Tna w2ero7 Tue fill&07 'W26 Agency Review of 2nd Scieenchack IS 7days wed 027107 Tnu 71SM7 Incorporate Agency Comments and Finalize IS 4d2" Fd 716X17 wed 7111107 Prepare ElR Addendum 14 dare TIM 711207 Tee 72V117 Submit 1st Screencheck Addendum to Agency a days Tue 7131107 Tue 7131107 7131 Agency Review of 1st Screencheck Addendum 7 dors wad BI1ro7 Thu BMW Incorporate Agency Comments ado" Fn a11d107 Tue 011,107 Submit 2nd Screencheck Addendum to Agency o days Tue W14107 Tue 6114ro7 en4 i Agency Review of 2nd Screencheck Addendum 7 dors wed SM07 Thu a2=7 Incorpotate Agency Comments and Finalize Addendum 4 ears Fd BrAMT Wed 923X17 Planning Commission Heanng 6 days Thu 1111roT Thu 11/107 11/1 bta 20074se TARGET STORE REDEVELOPMENT PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION(MND) Schedule Task I Dum0en Start Finish May I June I JUN I August ISepiernber O0o0e1November Kick-Off Meeting and Notice to Proceed 0 days Mon 5121107 Mon&21m7 yz1 Prepare IS/MND Narrativellncorporale Traffic Study 1e 4141115 Tue 5122/07 Thu 6/14/07 Submit 1 st Screencheck ISIMND to Agency 0 days Thu 6/14107 Thu 6/14107 W14I Agency Review of 1st Screencheck ISIMND 9 days Fd 6/1SM7 wed 611/107 Incorporate Agency Comments s days Thu 6/21vo7 wed 7/4107 Submit 2nd Screencheck IS/MND to Agency 0 days wed 7/4/07 wed 714/07 714 Agency Review of 2nd Screencheck ISIMND a tlaw - Thu 71W07 Mon 7/16/07 Incorporate Agency Comments and Finalize Draft IS/MND 4day .Tue 7/17107 Fd 7120107 Print Draft ISIMND 1 day Mon 7/23/07 Mon 7/23107 Distribute Draft ISIMND/Post Newspaper Notices i day Tue 7124/07 Tue,7/24107 Dref1ISIMNDMNDPublic Availability Period 30 dare wed 7125107 Tue 914/07 Respond to Comments on Draft MND 7 days wed 9/x107 Thu 9/13/07 Submit Administrative Final IS/MND to Agency 0days Thu 9113/07 Thu9/13107 HM3; Agency Review of Administrative ISIMND 5 days Fd 9114/07 Thug/20107 Finalize Final ISIMND 4days Fd 9121/07 wed 9126107 Planning Commission Hearing 0 days The IV1ro7 Thu limo] 1111 Uha=7-05e ACORD CERTIFICATE OF LIABILITY INSURANCE 01i22/2 -MUCEa (626)795-7059 FAX (626)792-2321 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION FIA Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE - HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 99 South Lake Avenue, #300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. - Pasadena, CA 91101 INSURERS AFFORDING COVERAGE NAIC# INSURED Terry A Hayes AssocT ates IML41ERN Mitsui Sumitomo Ins Co of Amer 8522 National Blvd., #102 INsuR s: Mitsui Sumitomo Ins Group Culver City, CA 90232 BISURERC: Hudson Specialty Insurance Co. INSURER P. PRAGER NSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN6R O TYPE OF DJSIIRANCE POLICY NUMBER pOLIEYEFFEOfIVE POLICY ImmEXPIRATION LIMA GENEMLlIAB1UTY PICG3121710 05/25/2006 05/25/200T EACH OCCURRENCE S 1 000 00 X COMMER0ALGENERALUABILITY _ EPWZETORENTED S 100,0() CIANIS MADE OCCUR MED EXP(m,ona parson) S 10 OO APERSONALSAOVINJURY S 1.000.001 GENERALAGGREGATE $ 2,000,0001 GENL AGGREGATE LrWT APPLIES PER: PRODUCTS-COMPIDP AM S 1 000 OD X POLICY J� LOG AUTOMOBILE UABOM PKG3121710 05/25/2006 05/25/2007 OOMBINEDSINGLE UMI, 6 ANY AUTO (EaaD]OaX1 1 000 00 ALL OWNED AUTOS BODILY DINRY S (Por Pa ) SCHEDULEDAUTOS A X HIREDAUTOS BODILY IWURY (Poraceadn) X NONOWNED AUTOS . PROPERTY ONAAGE S (itractlJenl) GARAGEUAB1UTY AUTOONLY-EAACCIDENT S ANY AUTO OTHER THAN EA ACC 6 AUTO ONLY: AGG 5 EXCESSNMORELIA LMIUTY UMB5400349 05/25/2006 05/25/2007 EACHOCCURRENCE S 2,000.00 X1 OCCUR DCLMMSMADE AGGREGATE S 2 OOO OO B S DEOUOTIBLE - S X RETENTION S 10,00 S WC STATLL OTK WORKERS COMPENSATION AND EMPLOYERSUAINLRY E.L.EACH ACCIDENT 5 ANYPRRAIIEM ORI PARTNERIEXECMVE OFFICERIMEMBER EXCLUDED) E.L DISEASE-EA EIAPLaY4 S I( OMOBDL EL DISEASE.POUCY LIMB S SPECIAL PROVISIONS DNox �oessional E80 FEC6108761 05/15/2006 08/15/2007 Limit: $1,000,000 Deductible: SS,000 Per C Liability - Wrongful Act OE6CPIPTION OF OPEMTIONS f LOCATIONS JVEWCLES I E%CLU610N6 ADDED BY ENDORSFtaENT I6PECWL PRON610N5 Except Ten (10) Days Written Notice of Cancellation for Non-Payment of Premium. CERTIFICATE HOL129E. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED SEFORETNE EXMRATION DATE THEREOF.THE ISSUING NEURON YALL ENDEAVOR TO ML °30 DAVSWRTTTENNOTICETOTHECER CATEHOLDERNAMEDTOTMLEFT. BUT FAIWRE TO MAILSUCH NOTICE SHALLIMI'DBE NO CaUGAV ON OR UASIUTY OF ANY KIND UPON THE INSURER MAGENTS OR REPRESENTATIVES PROOF OF INSURANCE AUTHCRDEDREPRESENTAME Jeannie Chin JC ACORD 25(2001108) - CACORD CORPORATION 1986 CITY OF ALUSA REDEVELOPMENT AGENCY PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this_day of 2007 by and between the City of Azusa Redevelopment Agency, a municipal organization organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702 ("Agency") and Terry A. Hayes Associates LLC, a CORPORATION with its principal place of business at 8522 National Boulevard, Suite 102, Culver City,CA 90232 ('Consultant"). Agency and Consultant are sometimes individually referred to as "Parry" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the Agency on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional services in connection with the preparation of environmental documentation for the proposed Target Store, is licensed in the State of California, and is familiar with the plans of Agency. 2.2 Project. Agency desires to engage Consultant to render such services for the proposed Target Store in the Downtown North project (`Project') as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to famish to the Agency all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services to conduct environmental documentation('Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with,this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws,rules and regulations. . 3.1.2 Term. The term of this Agreement shall be from July 2, 2007 to December 30,2007 unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. RVPUBWGS15"364 1 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates. Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Agency retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of Agency and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and'other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously,within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, Agency shall respond to Consultant's submittals in a timely manner. Upon request of Agency, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Agency. 3.2.4 Substitution of Key Personnel. Consultant has represented to Agency that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of Agency. In the event that Agency and Consultant cannot agree as to the substitution of key personnel,Agency shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the Agency, or who are determined by the Agency to be uncooperative; incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the Agency. The key personnel for performance of this Agreement are as follows: Terry A. Hayes. 3.2.5 Agency's Representative. The Agency hereby designates Fran Delach, Executive Director, or his designee Bruce Coleman,to act as its representative for the performance of this Agreement("Agency's Representative"). Agency's Representative shall RVPUBWG51544364 2 have the power to act on behalf of the Agency for all purposes under this Contract. Consultant shall not accept direction.or orders from any person other than the Agency's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Terry Hayes, or his designee, to act as its representative for the performance of this Agreement("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means,methods,techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with Agency staff in the performance of Services and shall be available to Agency's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the Agency, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the Agency to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Agency, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws,rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Agency, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Agency, its officials, directors, officers, employees and agents free and BVPUewGs\644364 . 3 harmless,pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the Agency that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Agency that the subcontractor has secured all insurance required under this section. 3.2.10.2 ' Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scone of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001); (2)Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and(3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and(3) Workers'Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5)years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than$1,000,000 per claim, and shall be endorsed to include contractual liability. RVPU13WGW"364 4 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the Agency to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1)the Agency, its directors, officials, officers, employees and agents shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and(2)the insurance coverage shall be primary insurance as respects the Agency, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self- insurance maintained by the Agency, its directors, officials, officers, employees and agents shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1)the Agency, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2)the insurance coverage shall be primary insurance as respects the Agency, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the Agency, its directors, officials, officers, employees and agents shall be excess of the Consultant's insurance and shall riot be called upon to contribute with it in any way. . (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Agency, its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested,has been given to the Agency; and(B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Agency, its directors, officials, officers, employees and agents. 3.2.10.5 Separation of Insureds:No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Agency, its directors, officials, officers, employees and agents. RVPUB\NG31544M4 5 3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Agency. Consultant shall guarantee that, at the option of the Agency, either: (1)the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agency, its directors, officials, officers, employees and agents; or (2)the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII,licensed to do business in California, and satisfactory to the Agency. 3.2.10.8 Verification of Coverage. Consultant shall furnish Agency with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactmy to the Agency. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the Agency if requested. All certificates and endorsements must be received and approved by the Agency before work commences. The Agency reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services,the Consultant shall at all times be in compliance with all applicable local, state and federal laws,rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in.accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Ninety Thousand Nine Hundred Twenty Five Dollars ($90,925)without written approval of Agency. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. RVPUBWGS\5"364 6 3.3.2 Payment of Compensation. Consultant shall submit to Agency a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Agency shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Agency. 3.3.4 Extra Work. At any time during the term of this Agreement, Agency may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Agency to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform,nor be compensated for, Extra Work without written authorization from Agency's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Agency during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3)years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. Agency may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven(7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services, which have been adequately rendered to Agency, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein,Agency may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance.of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen(15) days of the request. RVPU13VGS1544364 7 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein,Agency may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Terry A. Hayes Associates, LLC 8522 National Boulevard, Suite 102 Attn: Terry A. Hayes Agency: City of Azusa Redevelopment Agency 213 East Foothill Blvd. Azusa, CA 91702-1395 Attn: Bruce Coleman Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the parry at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data• Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for Agency to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to,physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement("Documents& Data"). Consultant shall require all subcontractors to agree in writing that Agency is granted a hon-exclusive and perpetual license for any Documents&Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents& Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Agency. Agency shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Agency's sole risk. RVPUBWGW44364 8 3.5.3.2 Confidentiality. All ideas, memoranda, specifications,plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Agency, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing firrnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Agency's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper,television or radio production or other similar medium without the prior written consent of Agency. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, „nd shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorneys Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this . Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the Agency, its officials, officers,employees and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity,to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Agency, its directors, officials, officers, employees or agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Agency or its directors, officials, officers, employees, or agents, in any such suit, action or other legal proceeding. Consultant shall reimburse Agency and its directors, officials, officers, employees, and/or agents, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Agency, its directors,officials officers, employees or agents. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. RVPUBUIGS'344364 9 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 Agency's Right to Employ Other Consultants Agency reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign,hypothecate, or transfer, either directly or by operation of law,this Agreement or any interest herein without the prior written consent of the Agency. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement,the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to Agency include its elected officials, officers, employees and agents, except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment, Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver,benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction,the remaining provisions shall continue in full force and effect. RVPUBNGW44364 10 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee,commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Agency shall have the right to rescind this Agreement without liability. For the tern of this Agreement,no member, officer or employee of Agency, during the term of his or her service with Agency, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color,national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment,upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of Agency. Subcontracts,if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. RVPUMNGS�544364 ..� .� i CITY OF AZUSA TERRY A. HAYES ASSOCIATES, LLC REDEVELOPMENT AGENCY By: By: Francis M. Delach Terry A. Hayes Executive Director Principal Attest: Secretary Approved as to Form: Best Best & Krieger LLP Agency Attorney RVPUBWGS1544364 12 MAW A �J_Ofrg2G . 0 R1 CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY,JUNE 18,2007—10:09 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. Director Rocha called the meetinA to order. ROLL CALL Call to Order PRESENT: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA Roll Call ABSENT: DIRECTORS: NONE ALSO PRESENT: General Counsel Carvalho,Executive Director Delach,Assistant Executive Director Person,City Also Present Department Heads, Secretary Mendoza,Administrative Technician Hernandez. SCHEDULED ITEMS Scheduled Items THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AND THE CnCUCRA&APFA AZUSA PUBLIC FINANCING AUTHORITY AT 10:09 P.M.TO CONSIDER THE FOLLOWING: convene FISCAL YEAR 2007/08 CITY,AZUSA PUBLIC FINANCING AUTHORITY,AND REDEVELOPMENT Fy 2007/08 AGENCY BUDGET ADOPTION. Budgets Administrative Services Director/Chief Financial Officer Krelmeler stating that the combined A. Kreimeler operating budget was reviewed at a meeting on May 291° in detail; Council gave tentative Comments approval to the budget and directed staff to make certain amendments which are Included as attachment "A" before the Council; he requested that Council adopt the budget with amendments as presented. City Manager/Executive Director Delach responded to questions posed regarding proposals by City Mgr Delach Council and stated that they will come back before City Council at the next Utility Board Comments meeting to discuss the Supplemental requests by Chamber of Commerce and other proposals, that should not be included at this time. The Budget Amendments to be considered are: $5,000 Community Promotion Advertising Expense(City Hall on the Move noticing), $5,000 Citizens' Beautification Projects and $20,996 Library Additional Hours/part-Time Salary Adjustment. - City Attorney/General Counsel Carvalho responded to questions regarding proposed salary City Attorney increases In 07-08 for the ten contract employee department heads,stating that the Council Comments adopted an ordinance authorizing the City Manager to approve contracts and that there is a need to go through the evaluation process to approve increases; the Council's allocation approved in the budget sets aside the money In the event the City Manager uses his discretion based on the ordinance to grant,based ou evaluation,Increases to people hired by contract. She also responded to question regarding anniversary dates,which may be several different dates. She reiterated that the only way employees would receive additional "pay for performance" is if they meet certain performance standards, which were previously established. Administrative Services Director/Chief Financial Officer Kreimeler responded to questions A. Kreimeler regarding the Vehicle License Fees (VLF)stating that several years back the State took some Comments funds away from local government to balance Its own budget and as part of that action they reduced the VLF and gave the City money to backfill that; subsequently, the State made the backfill revenue equivalent to property tax of which the City has had significant assessed valuation growth within the past two years and the VLF has been going up by 10%and 20% and they are ongoing revenues. . Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE BUDGET Res.07-C44 AND APPROVING APPROPRIATIONS FOR THE CITY OF AZUSA FOR THE FISCAL YEAR Approving COMMENCING JULY 1. 2007 AND ENDING JUNE 30, 2008. City Budget Moved by Councilmember Macias, seconded by Mayor Pro-Tem Hanks 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 Director Macias offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE Res. 07-R17 CITY OF AZUSA ADOPTING THE OPERATING BUDGET AND APPROVING APPROPRIATIONS Approving CRA FOR THE REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1,2007 AND Budget ENDING JUNE 30, 2008. Moved by Director Macias,seconded by Director Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: . GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Board Member Macias offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC FINANCING Res.07-P1 AUTHORITY ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE Approving AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2006 AND ENDING JUNE 30, APFA Budget 2008. Moved by Board Member Macias,seconded by Board Member Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Authority: AYES: BOARDMEMBERS: GONZALES,CARRILLO,MACIAS, HANKS, ROCHA NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: NONE THE REDEVELOPMENT AGENCY AND THE AZUSA PUBLIC FINANCING AUTHORITY CRA 8-APFA RECESSED AT 10:27 P.M.,AND THE CITY COUNCIL CONTINUED. Recessed Cncl THE REDEVELOPMENT AGENCY RECONVENED AT 11:38 P.M. Continued. CRA Reconvened The CONSENT CALENDAR consisting of items F-I to F-3,was approved by motion of Director Consent Cal. Rocha, seconded by Director Hanks, and unanimously carried. - Approved I. Minutes of the regular meeting of June 4, 2007 were approved as written. Min approved 2. RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY Res. No. 07-1118 OF AZUSA ADOPTING THE INVESTMENT POLICY Invest Pol 3. The notice of completion for the Abatement and Demolition of the block 36 Project and former Notc Compl Wimpey's Pawn Shop Building was accepted, and staff was authorized to file it with the County Demolition Blk Recorder's Office and release retention payment to Interior Demolition Construction, Inc., for 36 &Wimpeys Block 36 project in the amount of$14,749.60 and Wimpey's Pawn Shop building in the amount of$3,370.00 06/18/07 PAGE TWO ' 4. The following Resolutions were adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Res. No 06-R19 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: 11:39 P.M. SECRETARY NEXT RESOLUTION NO.07-R20. NEXT ORDINANCE NO.07-ROI. 06/18/07 PAGE THREE U�OF.ri�Gcr - - - - - - - - �941FbRt'�Q• AGENCY CONSENT ITEM TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: MARCENE HAMILTON, REDEVELOPMENT AGENCY TREASURER P j , DATE: JULY 2, 2007 SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURER'S STATEMENT OF CASH BALANCES FOR THE MONTH OF MAY 2007 RECOMMENDATION It is recommended that the Agency Members receive and file the Agency Treasurer's Statement of Cash Balances for the Redevelopment/agency of the City of Azusa for the month of May 2007. BACKGROUND Transmitted herewith is the Agency Treasurer's Statement of Cash Balances for the Redevelopment Agency of the City of Azusa ("Agency") for the month of May 2007. Agency investments are made in accordance with the Redevelopment Agency Investment Policy approved and adopted with Resolution No. 06-R18 dated June 5, 2006, and Government Code Section 53601. Investment activity is summarized in the "Treasury Book Balances-Cash and Investments" schedule, attached herewith and an integral part of this report. In May, Agency cash and investment balances increased by $1,143,290.51. Cash received during the month totaled $1,143,290.51, and no disbursements were made. The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and investments of $12,869,331.13, Wells Fargo Bank, the fiscal agent, held $6,754,545.59 on behalf of the Agency. These funds are restricted for payment of debt service on the bonds and special bond-funded projects. The remaining $6,114,785.54 was available for Agency operating, debt service, restricted expenses, and outstanding liabilities. FISCAL IMPACT The balance of cash and investments and projected revenues for the next six months is expected to be sufficient to meet cash disbursement requirements for at least the next six months. Prepared by: Roseanna J.Jara,Sr.Acct:Redevelopment MH:RIJ/u CITY OF AZUSA REDEVELOPMENT AGENCY AGENCY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES MAY 2007 Beginning Cash Balance $11,726,040.62 (All Restricted and Unrestricted"Accounts & Investments) Receipts (All Sources) 1,143,290.51 Disbursements 0.00 Ending Cash Balance $12,869,331.13 (All Restricted and Unrestricted Accounts & Investments) Marcene Hamilton, A ency Tre surer CITY OF AZUSA REDEVELOPMENT AGENCY TREASURY BOOK BALANCES-CASH AND INVESTMENTS MAY 2007 Maximum Deposits Cost Interest Mkt Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value' CASH AND INVESTMENTS HELD BY AGENCY TREASURER Wells Fargo Bank Government Checking No limit $32,437.74 FDIC up to$100,000.00 Ongoing 0.000% $32,437.74 1$100,000 collaterized by 110%in govn't securities Secunfies-Federal Home Loan Note No Limit 2,000,000.00 Backed by faith 8 credit of Federal Home Loan Bank(FHLB) 02127/09 4.200% 1,966,200.00 Local Agency Investment Fund(LAIF) $20,000,000.00 4,082,347.80 Backed by faith&credit of the State of California Ongoing 5.248% 4,081,194.45 SUBTOTAL CASH AND INVESTMENTS HELD BY AGENCY TREASURER: $6,114,785.54 $6,079,832.19 Interest Collections: $53,630.04 _ CASH AND INVESTMENTS HELD BY FISCAL AGENT WELLS FARGO BANKS,FISCAL AGENTS 1997 Merced Protect Tax Allocation Bonds 1997A Special Fund Wells Fargo Treasury PIusIMMkt No limit 13.08 N/A Ongoing 3.930% 13.08 1997A Interest Account Wells Fargo Treasury Plus/MMkt No limit 50.90 N/A Ongoing 3.930% 50.90 1997A Principal Account Wells Fargo Treasury Plus/MMkt No limit 108.57 N/A Ongoing 4.610% 108.57 1997A Reserve Account Wells Fargo Treasury Plus1MMkt No limit 13,638.52 N/A Ongoing 4.670% 13,638.52 Morgan Guaranty Trust Company No limit 467,642.50 Guaranteed Investment Agreement Ongoing 5,750% 467,642.50 1997 Merged Project Tax Allocation Bonds Subtotal: $481,453.57 $481,453.57 Interest Collections: $53.92 2003 Merged Prolan Tax Allocation Bonds 2003A Special Fund AIM Gott Portfolio .No limit 26,650.44 Investments in direct obligations of the U.S.Treasury Ongoing 4.930% 26,650.44 2003A Intemst Account AIM Gott Portfolio No limit 80.20 Investments in direct obligations of the U.S.Treasury Ongoing 4.990% 80.20 2003A Principal Account AIM Govt Portfolio No limit 234.67 Investments In direct obligations of the U.S.Treasury Ongoing 5.110% 234.67 CITY OF AZUSA REDEVELOPMENT AGENCY TREASURY BOOK BALANCES-CASH AND INVESTMENTS MAY 2007 Maximum Deposits Cost Interest Mkt Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value' 2003A Reserve Account AIM GoVI Portfolio No limit 0.27 Investments in direct obligations of the U.S.Treasury Ongoing 0.000% 0.27 AIG Matched Funding Corporation No limit 1,085,192.59 Guaranteed Investment Agreement 072923 4.780% 1,085,192.59 2003 Merged Project Tax Allocation Bonds Subtotal: $1,112.158.17 $1,112,158.17 Interest Collections: $107.88 2005 Merced Protect Tax Allocation Bonds 2005 Special Fund Wells Fargo Advantage Gov't Mmkt No limit 21,227.34 N/A Ongoing 4.860% 21,227.34 2005 Interest Amount Welts Fargo Advantage Go A Mmkt No limit 70.58 Investments in direct obliga5ons of the U.S.Treasury Ongoing 4.250% 70.58 2005 Redevelopment Fund AIM Gov't Portfolio No limit 2,521,448.98 Investments to direct obligations of the U.S.Treasury Ongoing 4.930% 2,521,448.98 AIM Institutional Prime-Cash Mgmt/MMk No limit 1,748,416.94 N/A Ongoing 4.960% 1,748,416.94 2005 Reserve Account Wells Fargo Advantage Gov't Mmkt No limit 59.63 N/A Ongoing 5.030% 59.63 MBIA Flexible Drew Investment Agreement No limit 869,710.38 Guaranteed Investment Agreement 08/01/34 4.765% 869,710.38 2005 Merged Project Tax Allocation Bonds Subtotal: $5,160,933.85 $5,160,933.85 Interest Collections: $20,577.82 SUBTOTAL CASH AND INVESTMENTS HELD BY FISCAL AGENT: $6,754,545.59 $6,754,545.59 Total-Azusa Redevelopment Agency . Cash and Investments: $12,669,331.13 $12,534,377.76 Total Interest Collections: $74,369.66 Source of Market Value Information: Wells Fargo Corporate Trust,Trustee Local Agency Investment Fund(LAIF) Wells Fargo Institutional Securities Tax Allocation Bond Data Is based on Truste"enemtad Statements;bond funds listed herein are restricted for payment of debt service and governed by strict regulations described in the Trust Indentures. 'Market Value is the current price at which a security can be traded or sold. r oF- U x t: AGENCY CONSENT ITEM TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, EXECUTIVE DIRECTOR DATE: JULY 2, 2007 SUBJECT: MAKING A FINDING THAT PLANNING AND ADMINISTRATIVE EXPENSES MAY BE FUNDED FROM THE LOW-TO-MODERATE INCOME HOUSING FUND (20°% SET ASIDE) RECOMMENDATION It is recommended that the Agency Members adopt a Resolution making a finding that the planning and administrative expenses to be funded from the low-to-moderate income housing fund in fiscal year 2007/08 are necessary for the production, improvement or preservation of the community's supply of low and moderate income housing. BACKGROUND Redevelopment law allows redevelopment agencies to use low-to-moderate income housing funds (20% set-aside) to pay for certain administrative and planning costs associated with the production, improvement, and/or preservation of affordable housing. To do this, an annual determination indicating that these incurred expenses are necessary and directly related to low-to-moderate-income housing programs, is iequired. In the last several years, the Agency has initiated various housing programs benefiting low- and moderate-income families. In 1991/92, a housing rehabilitation program benefiting owner- occupied homeowners was initiated, generating additional planning and administrative costs including Agency staff time, contractual employees, and miscellaneous supplies. This program will continue through 2007/08, and includes minor and major rehabilitation loans funded by federal HOME and CDBG funds. To date, over $4.3M in housing rehabilitation improvements have been completed since 1991/92. The Agency is required to develop and maintain replacement housing per the California Health and Safety Code. In the last twelve years, the Agency assisted construction of (4) new single family units at 6th Street and Alameda; the construction of (3) new single family homes at 9th and Azusa; the substantial rehabilitation of an affordable home at 918 N. Azusa; construction of (43) affordable single family units by Harlan Lee; the (20) affordable housing units completed at 600 N. Cerritos; substantial rehabilitation of (30) rental units for very low income Y Honorable Chairperson and Agency Members Making a Finding that Planning and Administrative Expenses May Be Funded From The Low-to-Moderate Income Housing Fund (20%Set-Aside) Page 2 of 2 July 2, 2007 seniors: and a homeless shelter funded with private and federal emergency shelter funds. Monitoring compliance of the first time home buyer program, and processing loan subordination requests for these restricted units will continue though 2007/08. Finally, the Agency continues to monitor its housing production and replacement obligations, participate in general plan and housing element updates/revisions, report annual housing accomplishments as required by the State of California Housing and Community Development, and administer the 20% set aside housing funds. In 2007/08, the Agency expects to assist in completing the Housing Element update, and identifying possible affordable housing project opportunities. FISCAL IMPACT These projects, which create, preserve, and improve the City's low and moderate income housing supply, are expected to incur 20% of the Agency's administrative costs in 2007/08 for staff time, legal fees, appraisals, and other administrative costs, all of which are eligible for payment from the low-to-moderate income housing fund. Using low-to-moderate income housing funds allows a like amount of net tax increment to be utilized for other, more flexible purposes. These administrative costs were appropriated and adopted in the 2007/08 Budget. Prepared by: Roseanna J. Jara, Sr. Accountant-Redevelopment BAC:RJJ/cs Attachment: Resolution E:"O DA 7.2.O71ADMIN E%PENSESIL0WM0DADMINITM.DOC RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA MAKING A FINDING THAT THE PLANNING AND ADMINISTRATIVE EXPENSES TO BE FUNDED FROM THE LOW AND MODERATE INCOME HOUSING FUND ARE NECESSARY FOR THE PRODUCTION, IMPROVEMENT OR PRESERVATION OF THE COMMUNITY'S SUPPLY OF LOW AND MODERATE INCOME HOUSING WHEREAS, the Redevelopment Agency of the City of Azusa is authorized by Section 33334.3 of the Health and SafetyCode to use a portion of its low and moderate income housing funds to pay for planning and general administrative costs which are directly related to the provisionof housing assistance in accordwith Section 33334.2 of the Health and Safety Code; and WHEREAS, the Agency has engaged in a number of projects consistent with said Section 33334.2 to increase, improve, and preserve low-to-moderate income housing and the Agency reasonably expects to continue such activity in accord with the proposed budget for 2007/08; and WHEREAS,the Agency expects to expend staff tine and resources to carry out the projects and programs listedn Exhibit A attached hereto; and WHEREAS, Section 33334.3 requires the Agency to make an annual finding that the planning and administrative expenses are reasonable given the expected level B activity for low and moderate income housing projects; NOW THEREFORE BE IT RESOLVED by the Agency Members of the Redevelopment Agency of the City of Azusa: Section 1. PursuanttotherequirementsofSection33334.2oftheHealthandSafetyCode,theAgencyMembers hereby find and determine that the reasonable allocation of Agency staff expenses directly related to the production, rehabilitation, or preservation of low and moderate income housing in accord with Exhibit A attached is as follows: For Fiscal Year 2007/08: 20% of Administrative Costs Section 2. The Agency asserts that, in the event of substantiabhanges in project activity,it will reevaluate the allocations and only assess the low and moderate income housing fund fothat portion of administrative expenses which are reasonably related to the purposes allowable under law. Section 3. The Agency Secretary shall certify the adoption of this Resolution. PASSED AND ADOPTED this day of 2007. Chairperson I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the RedevelopmentAgency of the City of Azusa, at a regular meeting thereof,held on the day of 206. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary EXHIBIT A LOW/MOD HOUSING PROJECTS Fiscal Year 2007/08 Housing Rehabilitation/HOME Programs—Oversee implementationof housing rehabilitation programs,including but not limited to monitoring consultants,meeting with homeowners and contractors,processing demands for payment and preparing compliance data. Low-to-Moderate Income Housing Monitoring Project—Monitor compliance for twenty-one(21)restricted low-to-moderate income single family housing units; sixty-four(64)restricted low-to-moderate income rental units;and thirty(30)very low income senior rental units for continued complance. Administration—Track 20%set aside tax increment receipts;coordinate outstanding debt funded with low-to-moderate income housing funds;prepare subordination agreements as necessary for single family homeowners;preparation of annual financial statements for the 1994 MultifamilyHousingRefundingBondsfortheCrestviewApartments;preparationofthe annual State Controller's Report, independent financial statement, and the annual HCD housing report. Housing Element—Work in conjunction with City Planning staff to update and implementa functional Housing Element as part of the overall General Plan Update, and endeavor to meet housing production and replacement obligations. Redevelopment Housing Projects—Identify possible affordable housing project opportunities in the Merged Redevelopment Project Area. Miscellaneous—Activelypursue and promote housing project opportunities benefiting low-to-moderate income households. WARRANT REGISTER NO.23 FISCAL YEAR 2006-07 WARRANTS DATED 06/01/07 THROUGH 06/15/07 i FOR REDEVELOPMENT AGENCY MEETING OF 07-02-07 RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. That the following claims and demands have been audited as required 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 $ 37,909.61 80-125-CBD CAPITAL PROJECTS FUND 2,756,489.49 80-135-WED CAPITAL PROJECTS FUND 2,372.65 80-135-WED CAPITAL PROJECTS FUND 80-165-618-2005 TAX ALLOCATION BONDS FUND 81-155-TAX INCREMENT SET-ASIDE FUND 20,271.72 82-125-CBD DEBT SERVICE FUND 82-135-WED DEBT SERVICE FUND 82-185-RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $2.817,043.47 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 wci of Azusa HP 9000 06/28/07 O P E N H O L D D B LISTING By a-Itity ume � 1 III[T, JCN 28, 2007, 2:21 FM ---req: FrSE-------leg: GL JLr--loc: BI-'IDC ---jcb: 520344 W091----pgm: 00 <1.34> rpt id: 02 SE= FUD Cabs: 80-82 ; Check Issue Dates: 060107-061507 PE ID PE Nwe A03MNT MEBE32 / JCB NCNffit Rmice Nurber Description St Disc. Ate. Dist. Art. V09095 AEI OSE( MUM 8010125000-6399/505800-6399 22072659 PH1&2 = F= FD 0.00 500.00 PEID d 500. 00 Total: 500.00 V05613 AT&T 8010110000-6915 6263345464052407 0517751058001/62 PD 0.00 11.61 FETD d: 0.00 Paid: 11.61 Total: 11.61 V01305 AzLrA CITY FFD C 8000000000-3035 2610/0701012 PR#12/07 FD 0.00 234.63 FEIDd: 0.00 Paid: 234.63 Total: 234.63 V00355 AZLEA PAST, AC 8000000000-3003 PR12PR13S Tates �le/FI PD 0.00 895.28 V00355 AZLEA PARCEL AC 8000000000-3005 PR12PR13S Tis i PD 0.00 . 1,947.70 rxsr,r, V00355 AaEA PAvAC 8000000000-3001 PR12PR13S 'lyes Fbl/Withhe PD 0.00 6,567.53 PEIDd: 0.00 Paid: 9,410.51 'total: 9,410.51 V05804 & KRIE 8010135000-6301/503301-6301 544426 4/07 LGL-PRICE C FD 0.00 1,248.90 V05804 BEST BEST & M= 8010125000-6301/505800-6301 545308 4/07 LM Kl?TPL FD 0.00 4,746.64 V05804 RESP BEST & BRIE 8010125000-6301/508000-6301 544415 4/07 LGL-FIHLL C PD 0.00 262.50 V05804 REST BEST & BRIE 8010125000-6301/505700-6301 544413 4/07 IC3rFlIIIPEYS FD 0.00 176.00 VV005804 BFST BEST & KRIE 8010125000-63001/505800-63001 444416 4/07 LgL 'JP=/ PD 0.00 994.00 6.50 .50 PETD Lirz V: 0.00 Paid: 7,565.04 Total: 7,565.04 V10381 SICK, COY 8010125000-6G45/505800-6645 GBaRG 1 053007 SET007 NT//802N S PD 0.00 SETTTNIPC/.802N S PD 0.00 480,000.00 PEOD ULDaid: 0.00 d: 479,999.00 WCity of Azusa HP 9000 06/28/07 O P E N H 0 L D D B LISTING, By a tity Mame Page 2 IIIT J[N 28, 2007, 2:21 FM ---req: 1CM-------leg: GL JL---loc: BI-Tr7�I---]ob: 520344 #M91----P3n: CH400 <1.34> xpt id: =,IR02 SELECT Full) Owes: 80-82 ; Check Issue Dates: 060107-061507 PE ID PE Narre AC= NCNEER / JCB NETS I1N01Ce Ntslter Description St Disc. Ant. Dist. Ant. Tbtal: 479,999.00 V09848 CAI A OaME 8010125000-6325/505800-6325 CCA920 G3CEWI L A.PPRSLS PD 0.00 5,500.00 PEIDLr�d: 0.00 Paid: 5,500.00 Total: 51500.00 V00353 CArPFRS 8000000000-3070 06073 EvP RET BUYBACK PD 0.00 29.32 V00353 cmil RS 8000000000-2728 06073 Pers Payable PD 0.00 3,393.45 V00353 CAIPFRS 8000000000-3070 05074 FMP 1=BOYMACK PD 0.00 29.32 V00353 CALPERS 8000000000-2728 05074 Pers Payable PD 00d.00 3,340.20 PEID Paid: 6,792.29 Total: 6,792.29 V06783 CITISIRFLT 8000000000-3010 2310/0701012 12/07 FD 0.00 431.20 .82 VV006783 CPPISIlEFT 8000000000-3010 1310, 9112/07 2315 PD 0.00 2207 FD 0.00 1.87 PEIDd: 0.00 Paid: 1,242.89 Tbtal: 1,242.89 V00348 CaNUB D IEPLTH I 8000000000-3054 2435/0701012 PR412/07 FD 0.00 19.25 PEDD Ind: 0.00 Paid: 19.25 Total: 19.25 V10115 DAN MIRRACIM 8110155000-6650/505300-6650 060607 FTNALV510N CPRU PD 0.00 6,825.00 PEIDUla�d: 0.00 Faid: 6,825.00 Total: 6,825.00 V01469 DJ&TjUZj AZMk B 8010110000-6601 508. AD/BE%VILS/MAR PD 0.00 65.00 PEID Uip)aid: 0.00 Paid: 65.00 Total: 65.00 City Of Azusa HP 9000 06/28/07 O P E N H O L D D B LISTING By Pet Ihtity Nme Fazie 3 IFIIT JW 28, 2007, 2:21 FM ---req: RCSE-------leg: M JL---loc: BI-=---jcb: 520344 4J091----p9m: C14400 <1.34> rpt id: QFLMR02 SEtEY-T FUE) COJes: 80-82 ; Check Issue Dates: 060107-061507 PE ID PE Nare AlaNP ND'BEZ / JOB NUVEE2 hmioe Njber Description St Disc. Ant. Dist. Ant. V10382 E & T FOCUS n\r 8010125000-4412/505800-4412 053007 LEASE F1\IP 15OW 9 PD 0.00 -1.00 V10382 E & T FOCUS IIS 8010125000-6645/505800-6645 053007 SEI'nPMI`/150W 9 PD 00.00 2200,000.00 T PEID Paid: 2199,999.00 'Ibtal: 2199,999.00 V00331 FEDERAL ESS 8010125000-6625/501500-6625 203195345 117052788/CYNDI PD 0.00• 16.87 V00331 FEDERAL ESFTESS 8110155000-6650/505800-6650 203195345 117052788ZENID T PD 0.00 16.72 V00331 F C RAL EX= 8010125000-6625 203195345 117052788/ALBE T PD 0.00 37.35 PEID LI-pa-ld: 0.00 Paid: 70.94 Total: 70.94 V09257 FAR S 0215IIRFJCC 8110155000-6650/505300-6650 1882 FD AV539E IST S PD 0.00 7,900.00 PEID Lr% d: 0.00 Paid: 7,900.00 Total: 7,900.00 V01646 HEEL C mN & CIE 8010110000-6493 0012193IN FY 06/07 SALES & PD 0.00 2,700.00 V01646 I-EL COREQ & GME 8010110000-6493 0012825IN FY 06/07 SALES & PD 0.00 1,352.55 F� d: 4,052.55 Total: 4,052.55 V01916 JARA PEITY CAS-I, 8010125000-6625/505800-6625 060207 FIIM PD 0.00 26.42 V01916 JARA PEFTY CASH, 8010125000-6625/505800-6625 060207 B�FLC1Z15 S PD 0.00 17.67 V01916 JARA PETTY CASH, 8010110000-6563 060207 *lies�al PD 0.00 5.45 V01916 JARA PEPIY CASH, 8010110000-6235 060207 P PD 0.00 208.69 PEID U%id: 258.23 Total: 258.23 V09840 JM APPRAISALS 8110155000-6345/505300-6345 073041 APPRSL/H1v9E LN/T PD 0.00 350.00 PPEIDyPaid: 350.00 Ci of Azusa HP 9000 06/28/07 O P E N HOLD L D D B LISTING S T I N G ty _Ly By ��Ehti N>[re Ppa�me 4 JW 28, 2007, 2:21 FM ---req: RCSE-------leg: GL JL---loc: BI-TFIIi---job: 520344 #J091----pin: 00 <1.34> rpt id: GHFL'IR02 SEfFXI FUID Codes: 80-82 ; Check Issue Dates: 060107-061507 PE ID PE 1%me AOxJ[I7T NCMEER / JM NtPER Invoioe Number Descripticn St Disc. Ant. Dist. A[rt. Total: 350.00 V95334 XSERi & ASSOC 8110155000-6345505300-634S A=8180.00 V953 4 JCEEPH & ASSOC, 8110155000-6345%505300-6345 A=7 � �/ F 0.00 0.00 2,000.00 PEIDL��d: 0.00 Paid: 5,180.00 Total: 5,180.00 V03126 LININ NA CtVt L 8000000000-3010 2320/0701012 . 12/07 PD 0.00 27.64 VV003126 IINJ72N NATIQSAL 800 000000-3010 1320/0701012 B12/07 PMD 0.00 00.00 263.56 ]?EID Paid: 386.83 Total: 386.83 V10322 M & T RAW 8000000000-3010 060707 40M 07VIRID/FTN PD 0.00 568.50 PEID Thad: 0.00 Paid: 568.50 Total: 568.50 V10309 M:P=, LK ALL 8010125000-3199 060407 TANK DEPOSIT REF PD 0.00 30,000.00 V10309 M=, L]TE ALL 8010125000-4435 060407 TPNK DEECSIT REF PD 0.00 331.21 PEIDLk�d: 0.00 Paid: 30,331.21 Tbtal: 30,331.21 V06713 O= PEN= A 8000000000-2724 1225/0701012 M12/07 PD 0.00 5.08 PEIDUud0.00 Paid: 5.08 Total: 5.08 V01440 WERUM PACIFIC 8010125000-6399/505800-6399 0704088 REU.XSI ASSIST-80 PD 0.00 128.75 V01440 OVERLAND PACIFIC 8010125000-6399/505800-6399 0704091 RELOCN ASSIST 11 PD 0.00 43.75 V01440 SAM PACIFIC 8010125000-6399/505800-6399 0704090 REUJDV ASSI515 PD 0.00 43.75 V01440 OVERLADD PACIFIC 8010125000-6399/505800-6399 0704089 MIC(N ASSIST-80 PD 0.00 206.25 PEID UjDaid: 0.00 City Azusa of HP 9000 06/28/07 O P E N H 0 L D D B LISTING By PersaVEhtity Nme Page 5 Z<AT JCN 28, 2007, 2:21 FM ---req: RME-------leg: GL JL---loc: BI-'TESI3---jcb: 520344 #J091----pgn: OCFAC)0 <1.34> rpt id: CFEM02 SELL7rP RIGID Cbdes: 80-82 ; CYC Issue Dates: 060107-061507 PE ID PE Nane ACJJ[NP NUVEER / JCB NU4IDFR Invoioe Nurber Descriptio St Disc. Art. Dist. Ant. Paid: 422.50 Total: 422.50 V06703 PFOF0R4k PRINTIN 8010110000-6625 0660004297 n-ailirtl services PD 0.00 969.00 V06703 , PMFCR4k FRIlVTQd 8010110000-6625 0660004297 15,000 pritin3 o FD 0.00 1,529.23 PEIDd: 0.00 - d: 2,498.23 Total: 2,498.23 -. V04138 RELLASTAR LIFE I 8000000000-3053 2215/0701012 U12/07 PD 0.00 2.50 V04138 RELLA.SCSR LIFE I 8000000000-3054 2410/0701012 12/07 FD 0.00 1.87 PMD 0.00 d: 4.37 Total: 4.37 V03157 SCS nig'Er 8010125000-6399/505800-6399 0102544 800-802N SCAB/PH PD 0.00 8,500.00 V03157 SCS IIS 8010125000-6399/505800-6399 0103911 800-802N SCAB/PH PD 0.00 2,145.00 FIDdo 10,645:00 Total: 10,645.00 V08056 SIISDAiD IIBURAN 8000000000-2725 1220/0701012 R�##12/07 FD 0.00 61.80 V08056 S II�AN 8000000000-3044 1255/0701012 PR#12/07 FD 0.00 184.82 PEID 0.00 d: 246.62 Total: 246.62 V10053 S1llk= INSURAN 8000000000-2725 1221/0701012 PR412/07 FD 0.00 149.97 PEE[) Uvaid: 0.00 d: 149.97 Total: 149.97 V02675 STATE OF CALIFCR 8000000000-3051 F2O07060226000 PRFM AC=/JU E PD 0.00 2,454.59 V02675 STATE CF CALLFC&Z 8000000000-2724 M007060226000 Health Ins AdTdn PD 0.00 10.79 PMD [fid: 0.00 Paid: 2,465.38 City of Azusa HP 9000 06/28/07 O P E N H O L D D B LISTING By Perscr/Ehtity Nane Paqe 6 MY JLN 28, 2007, 2:21 HK ---req: FZSE-------leg: GL JL---lcc: BI-TSH---jcb: 520344 *M91----p9m: CFAOO <1.34> rpt id: CuFLTR02 SE= RED Cis: 80-82 ; Check Issue Dates: 060107-061507 PE ID PE Nacre ACS7JW NUYEER / JCB N[NEER Invoice Njrber De=ption St Disc. Ant. Dist. A[it. Total: 2,465.38 V10009 TIERRA b= ADVI 8010125000-6345/505800-6345 051107 4/07 PRJ NI3R-ND PD 0.00 362.50 V10009 TIERRA WEST ADVI 8010125000-6399/508000-6399 051107 4/07 PPJ NUI-ICS FD 0.00 543.75 V10009 TIERRA WEST AERN 8010125000-6340/502801-6340 041507 3/07 FRJ MM-07 FD 0.00 181.25 V10009 TIERRA WEST AM 8010125000-6345/505900-6345 051107 4/07 PFJ NGT-ICS PD 0.00 535.00 V10009 TIERRA WEST ADVI 8010125000-6345 041507 3/07 PRJ M=-07 PD 0.00 72.50 V10009 TIERRA ToM ADVI 8010110000-6625 051107 4/07 PFJ NUT-ICS PD 0.00 2,931.25 V10009 TIERRA WEST ADVI 8010110000-6345 051107 4/07 PRT NUT-ICS PD 0.00 1,822.50 V10009 TIERRA VEST AM 8010110000-6610 051107 4/07 PRJ NUT-ICS FD 0.00 1,015.00 V10009 TIERRA WEST ADVI 8010125000-6345/505800-6345 051107 4/07 D IVDU i PD 0.00 10,465.63 V10009 TIERRA WEST AM 8010125000-6345/505700-6345 051107 4/07 PRJ NL3�TIIEL M 0.00 3,462.50 V10009 TIERRA WEST AM 8010110000-6611 041507 3/07 PRJ =-07 PD 0.00 290.00 V10009 TIERRA WEST AM 8010110000-6610 041507 3/O7 PRJ =-07 FD 0.00 870.00 V10009 TIERRA kM ADVI 8010110000-6345 041507 3/07 FRJ M=-07 PD 0.00 2,465.00 V10009 TIERRA WEST AM 8010135000-6399/,M0003-6399 041507 3/07 PRJ =-07 PD 0.00 1,123.75 V10009 TIERRA WEST AM 8010125000-6345/502700-6345 041507 3 07PPJ NL-MT-07 PD 0.00 290.00 V10009 TIEI�RA WEST ADVI 8010125000-6340/502801-6340 100303 N ANEISI= P PD 0.00 61765.00 PEID Lh gidd: 0.00 Pai : 33,195.83 Total: 33,195.83 V00876 KV141N= nMA 8000000000-3010 2330/0701012 012/07 PD 0.00 50.00 V00876 Mclln= MTILA 6000000000-3010 2335/0701012 12/07 PD 0.00 98.01 PEID Umd: 0.00 Paid: 148.01 Total: 148.01 GRAND TOTALchid: 0.00 Paid: 2817,043.47 Total: 2817,043.47 �r_ d ORDINANCES TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: F. M DELACH, CITY MANAGER* DATE: JUNE 25, 2007 SUBJECT: 2ND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, ADDING A PROHIBITION CONCERNING RESIDENTIAL FRONT YARD PARKING; 07-09. RECOMMENDATION That the City Council waive further reading and adopt the Ordinance prohibiting residential front yard Parking; Ordinance 07-09. BACKGROUND The City Council approved the Ordinance adding a prohibition concerning residential front yard parking at the regular meeting of June 18, 2007. The matter is now before Council for second reading and adoption. FISCAL IMPACT There is no direct fiscal impact as a result of this action. `- 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