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HomeMy WebLinkAboutAgenda Packet - September 04, 2007 - CC 0F'q 2N 111ol III ;IIIIII, I'll i AGENDA CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM TUESDAY, SEPTEMBER 4, 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 relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection at the City Library. Persons who wish to speak during the Public Participation portion of the Agenda, 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 Recognition to Oscar Mendoza and jajaira Gonzalez, Champions of the 6'Annual Desert Showdown World Amateur Boxing Tournament. CLOSED SESSION �6 (1)CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation and possible initiation of litigation pursuant to Gov. Code sec. 54956.9 (b3A and c) One - Two potential cases. (2)CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: City Manager Detach and Assistant City Manager Person Organizations/Employee: APOA (3)REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Property Address: 832 N. Azusa Avenue, Azusa, CA 91702 Negotiating Parties: Alexios &Tasha Vagenas Agency Negotiators: City Manager Detach and Assistant City Manager Person Under Negotiation: Price and Terms of payment (4)REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 830 N. Azusa Avenue, Azusa, CA 91702 Negotiating Parties: Donna M. Matsen Trust Agency Negotiators: City Manager Detach and Assistant City Manager Person. Under Negotiation: Price and Terms of payment (5)REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 826 N. Azusa Avenue, Azusa, CA 91702 Negotiating Parties: Martin &Teresa Habern Agency Negotiators: City Manager Detach and Assistant City Manager Person Under Negotiation: Price and Terms of payment (6)REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 812 N. Azusa Avenue and 801 N. Alameda, Azusa, CA 91702 Negotiating Parties: John &Lillian Cortez Trust Agency Negotiators: City Manager Detach and Assistant City Manager Person Under Negotiation: Price and Terms of payment (7)REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 858 N. Azusa Avenue, Azusa, CA 91702 Negotiating Parties: Howard &Janet Choi Agency Negotiators: City Manager Detach and Assistant City Manager Person Under Negotiation: Price and Terms of payment (8)REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 810 N. Alameda Avenue, Azusa, CA 91702 Negotiating Parties: 810 Alameda, LLC Agency Negotiators: City Manager Detach and Assistant City Manager Person Under Negotiation: Price and Terms of payment 09/04/07 PAGE TWO Ar 74 (9)REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Property Address: 803 N. Dalton Avenue, Azusa, CA 91702 Negotiating Parties: Arthur &Anna Ramirez Trust Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment (I O)REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: APN Number 8608 28 908 Vacant Negotiating Parties: L.A. County MTA Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment (I I)REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 809 N. Azusa Avenue. Azusa, CA 91702 Negotiating Parties: Redevelopment Agency of the City of Azusa - Tenants Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Tenancy and Terms of Lease Payment (12)REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 800 - 802 N. San Gabriel Avenue. Azusa, CA 91702 Negotiating Parties: Redevelopment Agency of the City of Azusa - Tenants Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Tenancy and Terms of Lease Payment (13)REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 1 10-190 W. 9th St. Azusa, CA 91702 Negotiating Parties: Redevelopment Agency of the City of Azusa - Ranch Center Tenants Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Tenancy and Terms of Lease Payment (14) REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 1020 W. Foothill Blvd. Azusa, CA 91702 Negotiating Parties: Banuelos Family Trust/Efrain Heredia Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment PLFBLX COMMENT ON CLOSED SSSS/ON/TEAS Any person wishing to comment on any of the Closed Session items listed above may do so now. 7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL. • Call to Order • Pledge to the Flag Invocation — Pastor Woody Calvary of Praise Chapel of Azusa 09/04/07 PAGE THREE A. PUBLIC PARTICIPATION 1 (Person/Group shall be allowed to speak without interruption up to five (5) minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty(GO) minutes time.) B. REPORTS, UPDATES, AND ANNOUNCEMENTS 1 . MAYOR ROCHA a. Mayor Round Table Discussion. b. Poverty Summit Discussion c. Request for Proclamation for Childhood Injury Prevention Week on September 23-29, 2007. d. Discussion relative to the creation of a Task Force to look into the CEMEX and VULCAN Mining Operations in the City of Azusa. (1). Compliance with the conditions of operation and boundaries of operation. (2). Amount of mining tax generated and uses of mining tax revenues. The amortization period for the operation of the Gun Club ended September 22, 2006. Discuss the status of the environmental cleanup of the contaminated site after nearly one year. 2. Introduction of New Employees. 3. Request of Acting Library Director Shahsavari for certificates of appreciation for donors who supported the 2007 Summer Reading Program at the Azusa City Library. 4. Update of Phase 1 Watt Genton Development of Dalton. 5. Selection of a date in September for Board and Commission Interviews. C. SCHEDULED ITEM 1. AMEND THE 2007-2008 CIP TO REAPPROPRIATE $50.000 FROM THE ANGELENO PARK PROTECT TO FUND THE BALANCE OF THE NORTHSIDE PARK WALKING PATH PROJECT AND TO FUND THE REMODELING PROJECT AT THE GLADSTONE PARK SNACK BAR AND SOUTH RESTROOMS RESPECTIVELY. RECOMMENDED ACTION: Amend the 2007-2008 CIP to reappropriate $50,000 from the Angeleno Park Project to fund the balance of the Northside Park Walking Path Project and to fund the new remodeling projects at the Gladstone Park Snack Bar and south restrooms respectively. 2. AWARD OF A ONE-YEAR CONTRACT WITH THE AZUSA CHAMBER OF COMMERCE. RECOMMENDED ACTION: It is recommended that the City Council approve a one-year contract with the Azusa Chamber of Commerce for an annual amount of $98,000 to support economic development through marketing, services, and legislative advocacy. 09/04/07 PAGE FOUR 3. RECOMMENDATION TO CITY COUNCIL TO APPROVE THE RECOMMENDATION OF THE r� PARKS AND RECREATION COMMISSION TO COMBINE THE WINTER FAMILY FIESTA AND CHRISTMAS TREE LIGHTING EVENTS. RECOMMEND ACTION: Approve the recommendation of the Parks and Recreation Commission to combine of the Winter Family Fiesta and Christmas Tree Lighting events into one special event, to be held Sunday, December 2, 2007 from 12:00 p.m. to 7:00 p.m. at City Hall. 4. ADOPTION OF AN AGREEMENT FOR THE POLICE DEPARTMENT TO ENTER INTO CONTRACT FOR SERVICES WITH AMERICAN FORENSIC NURSES (AFNI. RECOMMENDED ACTION: Adopt the agreement between the city and AFN for mobile blood and urine sample collection for investigative reasons and other optional services. 5. INFORMAL HEARING - PUBLIC NUISANCE APPEAL FOR PROPERTY LOCATED AT 204 E. FOOTHILL BLVD. AND 632 N. ALAMEDA AVENUE (FREEMANS TOWING AND AUTO BODY REPAIR). RECOMMENDED ACTION: Conduct a public nuisance appeal hearing, uphold the order of abatement by the City's Hearing Officer pursuant to Section 14-419 Azusa Municipal Code, deny the appeal, and adopt the recommended order of abatement. 6. REQUEST FOR (1) A LETTER OF PUBLIC CONVENIENCE OR NECESSITY REGARDING THE SALE OF BEER AT AN EXISTING RESTAURANT, CHICA'S PLACE, LOCATED AT 251 S. IRWINDALE AVENUE, AZUSA. CASE NO: CONDITIONAL USE PERMIT 2001-06. BUSINESS OWNER: MARIA SEGURA; AND (2) TO DELEGATE THE RESPONSIBILITY TO THE REVIEW AUTHORITY,TO DETERMINE IN THE FUTURE, IF PUBLIC CONVENIENCE OR NECESSITY WILL BE SERVED BY THE ISSUANCE OF A LIQUOR LICENSE FROM THE STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) NOTWITHSTANDING A DETERMINATION BY THE ABC THAT THERE IS AN UNDUE CONCENTRATION OF LICENSES IN THE CITY OF AZUSA. RECOMMENDED ACTION: Review and approve the request for a letter of Public Convenience or Necessity; and Delegate the responsibility to the Review Authority (Planning Commission or Zoning Administrator), to determine in the future, if public convenience or necessity will be served by the issuance of a liquor license from the State Department of Alcoholic Beverage Control (ABC) notwithstanding a determination by the ABC that there is an undue concentration of licenses in the City of Azusa. 7. REVIEW AND DISCUSS DRAFT COMMERCIAL VEHICLE AND OVERSIZED VEHICLE STREET PARKING ORDINANCE. RECOMMENDED ACTION: Review the draft ordinance and provide direction concerning the proposed regulations. 8. IMPLEMENTATION OF RECOMMENDATIONS BY THE AZUSA CITIZENS' COMMITTEE FOR CODE COMPLIANCE (ACCFCC). RECOMMENDED ACTION: Finalize discussions and recommendations regarding the proposed changes to the City of Azusa Development Code. r 09/04/07 PAGE FIVE D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. if Councilmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JULY 16, 2007. RECOMMENDED ACTION: Approve Minutes as written. 2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). 3. CITY TREASURER'S REPORT AS OF JULY 31, 2007. RECOMMENDED ACTION: Receive and File. 4. APPROVE THE POLICE DEPARTMENT'S PURCHASE OF ONE USED UNMARKED SPORT UTILITY VEHICLE FOR THE EMERGENCY SERVICES COORDINATOR FROM ENTERPRISE IN THE AMOUNT OF $22,731.43. RECOMMENDED ACTION: Approve the Police Department's purchase of one used, unmarked sport utility vehicle for Emergency Services Coordinator Olga Bruno, in the amount of $22,731.43 (inclusive of tax, title and license fees) from Enterprise Rent-a-Car located in the City of Azusa. 5. RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A PUBLIC AGENCY RETIREMENT SYSTEM (PARS) SUPPLEMENTAL RETIREMENT PLAN FOR CONTRACT EXECUTIVE MANAGEMENT EMPLOYEES TO BE ADMINISTERED BY PHASE II SYSTEMS, PARS TRUST ADMINISTRATOR. RECOMMENDED ACTION: Adopt Resolution No. 07-C76, authorizing the establishment of a Public Agency Retirement System (PARS) Supplemental Retirement Plan to be administered by Phase 11 Systems, PARS Trust Administrator for all Contract Executive Management positions. 6. SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT. RECOMMENDED ACTION: Approve the Second Amendment to the City Manager Employment Agreement. 7. PURCHASE OF DIESEL AIR COMPRESSOR. RECOMMENDED ACTION: Award a contract to Ingersoll-Rand of Irwindale in an amount of $14,180.75 for the purchase of a 2007 Ingersoll- Rand Diesel Air Compressor. 8. WOMAN'S CLUB REPORT AND CATERING HISTORY. RECOMMENDED ACTION: Receive and File. 9. WARRANTS. Resolution authorizing payment of warrants by the City. . RECOMMENDED ACTION: Adopt Resolution No. 07-C77. i 09/04/07 PAGE SIX CONVENE AS THE REDEVELOPMENT AGENCY E. AGENCY SCHEDULED ITEMS 1 . AMENDMENT NO.1 TO PROFESSIONAL SERVICES CONTRACT WITH TERRY A. HAYES & ASSOCIATES TO INCREASE SERVICES ASSOCIATED WITH THE PROPOSED TARGET STORE ENVIRONMENTAL IMPACT ANALYSIS STUDY. RECOMMENDED ACTION: Approve Amendment No. 1 to the professional services contract with Terry A. Hayes 8. Associates (TAHA) to increase services; increase the contract amount from $90,925.00 to $146,425.00; and authorize the Executive Director to execute the City's standard professional services agreement. F. AGENCY CONSENT CALENDAR The Consent Calendar adopting,the printed recommended actions will be enacted with one vote. /f Boardmembers of Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS 1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF IDLY 16 2007 RECOMMENDED ACTION: Approve Minutes as written. 2. AGENCY TREASURER'S REPORT AS OF JULY 31, 2007. RECOMMENDED ACTION: Receive and file the report. 3. ONE-YEAR EXTENSION OF THE AGREEMENT WITH THE DOWNTOWN AZUSA BUSINESS ASSOCIATION. RECOMMENDED ACTION: Approve a one-year extension of the Agreement with the Downtown Azusa Business Association and approve the compensation amount of $20,000 for fiscal year 2007/08 to support economic development through marketing, community promotion, and cultural events. 4. CLASSIFICATION AND SALARY RANGE ADIUSTMENT - REDEVELOPMENT PROJECT MANAGER: AND RECLASSIFICATION OF SANDRA BENAVIDES FROM ECONOMIC DEVELOPMENT SPECIALIST TO REDEVELOPMENT PROTECT MANAGER. RECOMMENDED ACTION: Approve the following: a. The classification specification revision and salary range adjustment for the Redevelopment Project Manager position, retroactive to July 1, 2007 and b. The reclassification of staff member Sandra Benavides from the position of Economic Development Specialist to Redevelopment Project Manager effective July 1, 2007: 5. TENANT SETTLEMENT AGREEMENT FOR THE AGENCY ACQUIRED PARCEL LOCATED AT 303 E FOOTHILL BLVD. RECOMMENDED ACTION: Authorize the Executive Director to execute a settlement agreement and approve an advance relocation benefit payment to Jasmin Flowers located at 303 E. Foothill Blvd. 09/04/07 PAGE SEVEN 6. WARRANTS. Two separate resolutions, authorizing payment of warrants by the Agency. RECOMMENDED ACTION: Adopt Resoltion Nos. 07-1128 and 07-R29. t G. ORDINANCES/SPECIAL RESOLUTIONS 1. AN ORDINANCE OF THE CITY COUNCIL REGARDING THE LOADING AND UNLOADING OF IUVENILE PASSENGERS FROM MOTOR VEHICLE. RECOMMENDED ACTION: Waive further reading and adopt Ordinance No. 07-011: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADDING SECTION 74-370 (LOADING AND UNLOADING OF JUVENILE PASSENGERS) TO ARTICLE VI OF CHAPTER 74 OF THE CITY OF AZUSA MUNICIPAL CODE IN ORDERTO ESTABLISH REGULATIONS REGARDING THE LOADING AND UNLOADING OF JUVENILE PASSENGERS FROM MOTOR VEHICLES. H. ADIOURNMENT 1 . Adjourn. UPCOMING MEETINGS: September 17, 2007, City Council Meeting- 6:30 p.m. (Auditorium) September 24, 2007, Utility Board Meeting- 6:30 p.m. (Mountain View School) October 1 , 2007, City Council Meeting- 6:30 p.m. (Auditorium) October 15, 2007, City Council Meeting- 6:30 p.m. (Auditorium) /n- 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. NotiFcation three (3) workingdays prior to the meeting when specialservices are needed wiffassiststaffin assuring that reasonabie arrangements can be made to provide access to the meeting i 09/04/07 PAGE EIGHT NO 111; 1 DATE: SEPTEMBER 4, 2007 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ASSISTANT CITY CLERK TOSCANO RE: APPLICANTS FOR CITY BOARDS AND COMMISSIONS Attached please find list of applicants for various City Boards and Commissions received. I have made a few corrections, 1 was in a hurry on Thursday, sorry. I didn't add anyone to the list just corrected that there is only "one" position for Park and Recreation Commission and a typo. Very truly /yours, Candace o cano Assistan CI G s. CITY OF AZUSA SEPTEMBER - 2007 BOARD AND COMMISSIONS NEW APPLICANTS ARCHITECTURAL BARRIERS (2 POSITIONS) Nick Rosales Margaret Barcelo HUMAN RELATIONS COMMISSION (2 POSITIONS) Richard "Dick" Cortes Marti Villanueva Napah Phyakul Quach Christina Valdez Paul Naccachian LIBRARY COMMISSION (2 POSITIONS) Madelyn S. Payne * PARKS AND RECREATION (I POSITION) Rossana Helbert PERSONNEL BOARD (1 POSITION) Diane Chagnon Edward Alvarez PLANNING COMMISSION (1 POSITION) Dixon James Madelyn S. Payne Jess Alva Paul Naccachian * have applied for multiple Boards and/or Commissions. t Fig ny�,i r s Al Friends of the Azusa City Library USED BOOK SALE SATURDAY September 8, 2007 10 :00 a.m. - 2:00 p.m . "Sneak Peak" for members of the Friends who have paid their 2007 dues. 9:00 to 10:00 a.m. (No sign-ups before 10:00 a.m.) 4 All you can stuff in a bag for the very low price of $5.00 SPECIAL SALE OF PAPERBACK BOOKS "WYSIWYG GRAB BAG" - $3.00 (What You See Is What You Get) Azusa City Library Auditorium 729 N. Dalton Ave., Azusa, CA 91702 For more information, call Madelyn at 334-4734 or Judy at 338-4726. a AGENDA ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES VIA: F. M. DELACH, CITY MANAGER DATE: SEPTEMBER 4, 2007 SUBJECT: AMEND THE 2007-2008 CIP TO REAPPROPRIATE $50,000 FROM THE ANGELENO PARI(PROJECT TO FUND THE BALANCE OF THE NORTHSIDE PARK WALKING PATH PROJECT AND TO FUND THE REMODELING PROJECT AT THE GLADSTONE PARK SNACK BAR AND SOUTH RESTROOMS RESPECTIVELY. . RECOMMENDATION: It is recommended that City Council approve amend the 2007-2008 CIP to reappropriate$50,000 from the Angeleno Park Project to fund the balance of the Northside Park Walking Path Project and to fund the new remodeling projects at the Gladstone Park Snack Bar and south restrooms respectively. BACKGROUND: CIP Project (#42003H)Angeleno Park is a carryover project. The project is obsolete given the lack of public access to the proposed park as well as the fact that a new home development now encroaches on the area as well. The CIP Appropriation will be better utilized to fund the three aforementioned projects previously approved and/or identified by Council. The funding breakdown is as follows: $26,500— Northside Park Walking Path $15,000— Gladstone Park Snack Bar 8,50 — Gladstone Park south restrooms $50,000 Total FISCAL IMPACT: There is no fiscal impact as transaction is a dollar for dollar exchange of previously approved CIP funds from the Angeleno Park CIP Project #42003H. 07-082 �I � N OWN AGENDA IT M TO: HONORA MAYOR AND MEMBERS OF THE CIN COUNCIL FROM: F. M. DELACH, N MANAGER 1JAJ DATE: SEPTEMBER 4, 2007 ��,lll"� ___ SUBJECT: AWARD OF A ONE-YEAR CONTRACT WITH THE AZUSA CHAMBER OF COMMERCE RECOMMENDATION: It is recommended that the City Council approve a one-year contract with the Azusa Chamber of Commerce for an annual amount of $98,000 to support economic development through marketing, services, and legislative advocacy. BACKGROUND: The Chamber has been an active principal citywide advocate for business and has historically been recognized as the representative of all businesses, which contribute substantially to the City's revenue base. The Chamber's mission is "to serve as a catalyst in transformation of business and economic climate, resulting in a healthier, more prosperous Azusa". Over the years the City has partnered with the Chamber having a key support role in economic development and business retention efforts. The attached contract and objectives formalizes the partnership. The recommended funding serves as compensation for their valued services. As part of our agreement with the Chamber, they will provide the following: • Maintain suitable quarters and employ competent, professional personnel to carry on the promotional and advocacy activities of the City as herein stated. • Represent the interests of all Azusa businesses in promoting economic development and lawful and positive business and local sales revenue. • Participate in marketing the City's advantages inside and outside the community to retain and attract business and local sales revenue. • Promote improvement strategies that enhance the value of property and stimulate investment and development of vacant or underutilized properties. • Promote trade and business meetings and activities that further these goals. This year the Chamber intends to expand their services by including development of a i Page 2 September 4, 2007 To: Honorable Mayor and Members of the City Council Re: Award of a One-Year Contract with the Azusa Chamber of Commerce Business Recognition Program, providing educational programs to their business partners, disseminating legislative and other.information to the business community on behalf of the City, and increasing their marketing activities to promote the City. However, the City's contribution to the Chamber is not tobe used for the production of Chamber newsletters or other publications This year staff has added contribution reduction benchmarks to the contract terms to encourage the Chamber to become self-sufficient within three years. The benchmarks will reduce the City's contribution by $19,600 each year until self-sufficiency is reached in 2012/13. As the City of Azusa moves forward in revitalizing our shopping centers and downtown projects, it is important that we maintain our partnership with the Chamber of Commerce assisting us in promoting and attracting quality businesses. FISCAL IMPACT In the adopted fiscal year 2007-08 operating budget, a total of $58,000 from Light & Water and $40,000 from the Redevelopment Agency has been allocated to cover this cost. AGREEMENT REGARDING CHAMBER OF COMMERCE FUNDING AND SUPPORT BETWEEN THE CITY OF AZUSA AND THE AZUSA CHAMBER OF COMMERCE This Agreement Regarding Chamber of Commerce Funding and Support ("Agreement") is entered into as of this I"day of July 2007 ("Effective Date") by and between CITY OF AZUSA("City") and the AZUSA CHAMBER OF COMMERCE (the "Chamber"). The City and Chamber are sometimes individually referred to herein as "Party" and collectively referred to as "Parties". This Agreement shall be effective for the duration of one year, until the day of June 30, 2008. RECITALS A. City is desirous of promoting business, residential and economic development opportunities within the City of Azusa, disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of the City and its business, residential and economic development opportunities; and B. City is also desirous of forming joint legislative advocacy opportunities with other entities. C. The Chamber has special knowledge, experience and facilities for disseminating such information and legislative advocacy, is organized for and equipped to carry on promotional activities on behalf of City and to publicize and exploit the economic and regional advantages that City has to offer to business, residential and industrial interests; and D. The Chamber has for more than a century been the principal citywide advocate for business and has historically been recognized as the representative of all businesses, which contribute substantially to the City's revenue base. E. The Chamber's activities are recognized by law as being in the public interest and serving a public purpose. AGREEMENT NOW, THEREFORE, it is agreed by and between the Parties as follows: A. Services Chamber shall undertake, during the term of this Agreement, promotional and advocacy activities on behalf of City and render the following services: 1. Maintain suitable quarters and employ competent, professional personnel to carry on the promotional and advocacy activities of the City as herein stated. 2. Represent the interests of all Azusa businesses in promoting economic development and lawful and positive business and local sales revenue. 3. Participate in marketing the City's advantages inside and outside the community to retain and attract business and local sales revenue as part of the City's "Red Team". 1 4. Promote improvement strategies that enhance the value of property and stimulate investment and development of vacant or underutilized properties. 5. Promote trade and business meetings and activities that further these goals. B. Responsibilities Chamber shall undertake, during the term of this Agreement, promotional and advocacy activities on behalf of City in the following areas: 1. Business a. The Chamber shall hereby increase the current Membership of(241) two-hundred and forty-one active Members by 10%, to obtain a total of(265) two-hundred and sixty-five Members. b. Serve as an advocate for the business community and as a City liaison when appropriate. This shall be accomplished by operating as a visible and approachable representative of business, and by disseminating legislative and other information to the business community on behalf of the City. c. Attend meetings of the Azusa City Council on a regular basis. d. Maintain and continue to improve the image of the Chamber within the City of Azusa and surrounding areas. e. Assist the City in the attraction, retention and expansion of business in Azusa through the work of an Economic Development Committee, which shall reach out to businesses and offer workshops and assistance to the business community. f. Provide Chamber Members with an avenue to announce their presence in the community at large, through groundbreaking events, ribbon-cutting ceremonies and open houses. g. Serve as a Member on the San Gabriel Valley Coalition of Chambers to provide a voice for the business community within Azusa. h. Host the Annual State Address for members of the community, employees of the City, and business owners. i. Provide educational programs to Chamber Members including: Internship!Programs with our Business Partners, Legislative Matters i.e., Legal Labor Laws for Small, Home Based and Large Businesses, provision of a Community Resource Information Center; and Promotion of Multicultural Markets specializing in Business Type, Industrial, Retail and all member classifications. j. Develop a Business Recognition Program in conjunction with the City of Azusa to include all sizes of business. Develop criteria, plan and venue of recognition, e.g., Beautification of Business in Azusa, Volunteer Award, Business of the Year, and Business Person of the Year. 2 Additionally, enhance our current New Chamber Member Reception for new members in conjunction with the current increase of membership. 2. Community The Chamber shall continue to improve the quality of life in Azusa by participating in the following Community events and/or organizations: . v a. Serve as a community volunteer on the "Kids Come First" golf tournament. b. Serve as a liaison for the City in encouraging local businesses to participate in community events. , c. Be an active Member of the Community Coordinating Council, and assist in the formation of a directory listing non-profit and service organizations that shall serve as a welcome and resource guide for new residents to Azusa. d. Serve as a point of contact for the local business community to obtain information, volunteer, or donate funds in support of the Vietnam Memorial Moving Wall. e. Continue to take an active role in the President's Community Council at Azusa Pacific w University. f, Promote community,spirit by coordinating and attending the annual Azusa Day at the Pomona F.airplex. g. Supportthe City of Azusa's.Annual Golden Days festivities by coordinating an event on one evening of the weeklong festival. h. The Chamber is currently seeing an increase in the following programs and events and would like to continue that momentum: Presidents Club; Membership; Networking Events;New Member Receptions; Collaborative Mixers with adjoining cities; Taste of the Town; State of the City; Job Shadow; and Meet the Mayor Reception. 3. Marketing and Business Development -. '• The Chamber will increase its activities to market the City by performing the following: a. I.C.S.C. —Partner with the city to support and promote Azusa b. Include City staff from Economic Development in the Business Visitation Program with the Chamber and Economic Development Committee. c. Create a new City Map which includes the new Rosedale Development area. d. Upgrade and improve the Design of the Chamber's Website e. Update the marketing materials for the Chamber. Create a new marketing packet to include folders, brochures, city information, maps, Chamber directory, and marketing giveaways. Also design and create a"New Residential Packet" for new residents moving into Azusa. 3 f Expand the publication of The Azusan (The Chamber's Newsletter)by increasing pages and volume of advertisement, include a Mayor and/or City Council column, increase editions from bi-monthly to clude testimonials and case studies from businesses in Azusa, include City maps information increase the quality of the publication to include color, increase distrib o all businesse within the City of Azusa, and add residential distribution. C. Con rat' n �y1N hi consi eraf on f the valuabl ervices performed by the Chamber for City, as set forth above in Section A h reo City here b agrees to pay Chamber, during the term of this Agreement, the sum of ($98,000.0 eight t usand dollars. The City shall make payment, to the Chamber in twelve monthly in allments 8,166.67. The Chamber agrees not to fund The Azusan or any other Chamber newsletters r pub " ations with any compensation provided by the City. D. Duties of Executive Director The Executive Director shall prepare and submit to the City Manager or his designee a written report every sixty (60) days specifying the activities of Chamber during the precedin ys. report shall be prepared in format acceptable to the City Manger. Ex e Director shall promptly furnish City, upon the completion of Chamber's operating ye ertified copies of its annual operating statement. p �VWJA*'.� ��{6�(f' E. Self-Sufficiency of the Chamber W t'Naab J develop a strategy and plan which ill en le it to beco�all�ufficient The Chamber will de p gy within five (5) years from the ending term oft is Ag ement o facilitate this, the Chamber will be subject to contribution reduction benchmarks. In 2008 9, the City's contribution will be decrease 20%, to $78,400. In 2009/10, the City's contribution wil creased 40%, to $58,80 0/11, the City's contribution will be decreased 60%,to $39,200. In 2011 e rty s contribution will be decreased 80% to $19,600. din 2012/13, the Chamber will have achieved self-sufficiency. A report and action plan will be prese ed to the Azusa City Manager during the term of this Agreement detailing how this goal will be achieved. .._fes OL F. Indemnification rls � D Chamber agrees that it will defend, indemnify and hold harmless City, and its elected officials, officers, employees and agents from and against all claims, demands, cause of action, costs, expenses, losses, injuries, damages or liabilities to property or persons, including wrongful death, in any.manner arising out of or in connection with any alleged acts, omission or willful misconduct of Chamber, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services or this Agreement, including without limitation, the payment of all consequential damages, attorneys fees and other related costs and expenses to the maximum extent allowed by law. G. Insurance Chamber shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive automobile and worker's compensation and employee's Liability Insurance in 4 which the City is the named insured or is named as an additional insured with the Chamber and shall furnish a Certificate of Liability Insurance to the City Manager before execution of this Agreement by the City or within a reasonable time after execution. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: 1. Include the City as the insured or named as an additional insured covering the services to be performed under this Agreement against all claims arising out of, or in connection with, this Agreement. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with, the Agreement. 3. Provide the following minimum limits: a. General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. b. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c. Worker's Compensation and Employees Liability: Worker's Compensation limits as required by the Labor Code of the State of California and Employer's Liability of limits of $1,000,000.00 per accident. 4. This insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Chamber for the City. 5. Bea and e orsement of shall have attached a rider whereby it is provided that, in the event of exp proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty(30) days before such date. H. Self-Insured Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respect of the City, its officers, officials and employees; or the Chamber shall procure a bond guaranteeing payment of losses and related investigation claim administration and defense expenses. 1. Attorney's Fees Should any litigation be commenced between the Parties hereto concerning the provision of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. J. Term This Agreement shall be effective for a twelve (12) month period commencing upon execution of this Agreement. 5 K. Termination This Agreement may be terminated by either party upon thirty (30) days written notice with any sums due and payable hereunder. [SIGNATURES TO FOLLOW ON NEXT PAGE] r. 6 IN WITNESS WHEREOF, the Parties have caused this Memorandum to be executed as of the date first above written. CITY OF AZUSA AZUSA CHAMBER OF COMMERCE F.M. Delach Mercedes Castro City Manager President, Chamber of Commerce ATTEST: Vera Mendoza City Clerk APPROVED AS TO FORM: Best, Best &Krieger, LLP City Attorney 7 i. WOW AGENDA ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES VIA: F. M. DELACH, CITY MANAGER !"' DATE: SEPTEMBER 4, 2007 SUBJECT: RECOMMENDATION TO CITY COUNCIL TOAPPROVE THE RECOMMENDATION OF THE PARKS AND RECREATION COMISSION TO COMBINE THE WINTER FAMILY FIESTA AND CHRISTMAS TREE LIGHTING EVENTS. RECOMMENDATION: It is recommended that City Council approve the recommendation of the Parks and Recreation Commission to combine of the Winter Family Fiesta and Christmas Tree Lighting events into one special event, to be held Sunday, December 2, 2007 from 12:00 p.m. to 7:00 p.m. at City Hall. BACKGROUND: The discussion of combining these events had surfaced once again last December, citing Council concern that the timing of the tree lighting event (6:00-9:00 p.m.) did not allow for full Council participation due to the regularly scheduled Council meeting of the same evening. The programs have traditionally been held back to back on the calendar in year's past. At the Parks and Recreation Commission meeting of July 19, 2007, Recreation Coordinator Lenore Gonzales made a presentation of combining the annual Winter Family Fiesta and Christmas Tree Lighting events. Additional objectives in combining the two successful events would be the consolidation of resources and concluding the evening event some two hours earlier with the climactic Santa Claus visits. This courtesy will be made conducive to families with children in school the following day. Presentation was approved on a motion by Parks and Recreation Commissioner Condie Lopez and seconded by Commissioner David Santellan. FISCAL IMPACT: In combining events there will be a savings of staff resources. It is recommended that these savings be placed back into the program in purchasing additional snow for a new tiny tot area of snow play for children ages infant to four years old. 07-080 f �jpFT - : --------------- AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT B. GARCIA, CHIEF OF POLICE VIA: F.M. DELACH, CITY MANAGER DATE: SEPTEMBER 4, 2007 SUBJECT: ADOPTION OF AN AGREEMENT FOR THE POLICE DEPARTMENT TO ENTER INTO CONTRACT FOR SERVICES WITH AMERICAN FORENSIC NURSES (AFN). RECOMMENDATION It is recommended that the City Council approve the attached agreement between the City and AFN for mobile blood and urine sample collection for investigative reasons and other optional services as described. BACKGROUND When the police department arrests a person for driving under the influence (DUI), the arrestee is required to provide a blood, urine or a breath sample as part of the investigation. If the arrestee chooses blood, the officer takes them to a local hospital which normally takes a minimum of one hour taking the officer out of service. Once complete, the officer takes the arrestee to the police station where they are booked into the Azusa City Jail. From January 2007 through July of 2007 we arrested 112 for DUI of which 60 chose to submit blood evidence. The cost to draw blood at our local hospitals for DUI investigations is $52. 1 AFN is a mobile evidence collection service which comes to police departments and draws blood from an arrestee. This can be done while the person is being booked into jail. The blood vial is given to the officer who places it into evidence. The cost is $55 and there is no trip to the hospital which saves the officer a minimum of one hour per incident. FISCAL IMPACT AFN cost $3 more than the hospital's service but saves one hour of officer time per arrestee. In the last seven months of 60 DUI arrests, it would have saved 60 hours of officer time for the extra cost. The saving of officer time for the 60 hours. is approximately $3,300. 2 AGREEMENT THIS AGREEMENT, by and between the City of Azusa, a California Municipal Corporation, herein called "CITY", and AMERICAN FORENSIC NURSES, INC., a California Corporation, herein called "CONTRACTOR". RECITALS CONTRACTOR is a health service organization which among other services, provides for law enforcement agencies: and CITY desires to enter into an agreement with CONTRACTOR to provide certain of its forensic medical services to the CITY'S Police Department; and CONTRACTOR agrees to provide CITY certain of its forensic medical services as specified, and under the terms and conditions, as set forth hereinafter. DEFINITIONS As used in this Agreement, the following words or phrases, without exception, shall be interpreted to mean: 1. "Technician", shall be interpreted to mean, and include, those who are licensed or certified in the State of California as Registered Nurse, Licensed Vocation Nurse, Paramedics, Phlebotomist and all others as may be, or become, licensed or certified healthcare professionals authorized to collect forensic evidence. 2. "Forensic medical services", shall include blood and other human fluid sample collection, the forensic examination of rape suspects, taser dart removal and such other services as may be agreed upon by CITY and CONTRACTOR. 3. "Dry Run" defines those instances when the police department of the CITY requests CONTRACTOR to perform a forensic service as specified herein, and CONTRACTOR is unable to perform that service through no fault of its own or its employed technicians. 4. "Dispatch Center" shall mean the telephonic number provided by CONTRACTOR, available twenty- four hours per day, seven days per week, for purposes of requesting its forensic medical services. NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the parties as herein expressed, the CITY and CONTRACTOR agree as follows: 1. Forensic Medical Services: For the term of this Agreement, as defined hereinafter, CONTRACTOR shall provide forensic medical services to the police department of the CITY when that department, telephonically or orally, requests such services through CONTRACTORS Dispatch Center. 2. Forensic Medical Service Area: CONTRACTOR shall provide those forensic medical services requested by the police department of the CITY only within the jurisdictional confines, or borders, of the CITY as defined by its Charter or Articles of Incorporation. 3. Forensic Medical Service Technicians: CONTRACTOR shall, without exception, provide only those technicians qualified to perform the forensic medical services requested by the police department of the CITY. t. 4. Response Time: When a request for forensic medical service is made by the police department of CITY, CONTRACTOR'S technician responding to that request shall present themselves at the location of the requested service on or before 45-minutes following the service request. 5. Court Appearance by Technician: At the request of CITY, or as ordered by'properly served subpoena, CONTRACTOR shall have its technicians appear and testify in State or Federal court with respect to forensic medical service performed by them. 6. Compensation for Forensic Medical Services: Contractor shall charge City the following rates for services rendered under this Agreement: Blood Withdrawal $ 55.00 Urine Sample Collection $ 55.00 Dry Run Blood or Urine $ 35.00 Rape Suspect Evidence Collection- (optional) $ 295.00 Dry Run Rape Suspect Evidence Collection $ 75.00 Taser Dart Removal - (optional) $ 185.00 Dry Run Taser Dart Removal $ 50.00 Court Time (Per Hour)* $ 95.00 *(Actual time in court only, no on-call fee charge) DUI Check Point/Sit Down (6 hours) $ 395.00 On the annual anniversary dates of this Agreement, the Schedule of Service Fees will increase in accordance with the Medical Care Services portion of the Consumer Price Index for the Los Angeles and surrounding areas. 7. Invoicing for forensic medical services: CONTRACTOR shall invoice, and CITY shall disperse within 30-days of invoice receipt funds in payment of such invoices for CONTRACTOR'S forensic medical services, which invoice shall identify the date, time, location and name of the party upon whom the forensic medical service was performed, together with the names of the requesting authority (officer) and technician performing the service. 8. Record retention: CONTRACTOR shall maintain for a period of two years from and after the date its forensic medical service was performed at the request of CITY, such record as documents the date, time, location and name of the party upon whom the forensic medical service was performed, together with the names of the requesting authority(officer) and technician performing the service 9. Insurance: Contractor shall procure and maintain during the term of this agreement, professional liability insurance covering CONTRACTOR'S performance under this Agreement man amount of not less than one million dollars ($1,000,000), and Worker's Compensation Insurance covering its technicians, providing CITY, upon its request, evidence of this coverage. 10. Indemnification and hold harmless: CONTRACTOR shall indemnify and hold harmless CITY, its agents, employees and officers, from and against any and all claims for damages, or injuries, to any person or property, including injury to CONTRACTOR'S TECHNICIANS, agents, employees, and officers, which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, its TECHNICIANS, agents, officers and employees in performing the services herein, and the CITY agrees to indemnify and hold harmless the CONTRACTOR its technicians, its agents, officers, and employees against any and all claims, or actions CAUSED, OR CLAIMED TO 2. BE CAUSED BY THE negligent acts or omissions OF THE CITY, ITS AGENTS, EMPLOYEES AND OFFICERS ACTING IN CONNECTION WITH THE PERFORMANCE OF CONTRACTORS services. 11. Term, Cancellation and Renewal: The term of this Agreement shall be three years commencing from and after the date of its execution by CITY; provided, however, that upon ninety (90) day written notice, CITY or CONTRACTOR may cancel the Agreement; and, providing further, that upon expiration of the initial three (3) year term of the Agreement, and in the absence of written notice to terminate, the Agreement will automatically extend for a period of one (1) year, thereafter subject to additional one (1) year extensions as provided herein. 12. Notices: All written notices to the Contractor shall be mailed to: American Forensic Nurses, Inc. 255 North El Cielo Road, Suite 195 Palm Springs, CA 92262 All written notices to the City shall be mailed to: Azusa Police Department Attention: Operations Captain 725 N. Alameda Azusa, CA 91702 13. Entire Agreement: This Agreement embodies and constitutes the sole and entire understanding between CITY and CONTRACTOR, subject to those additions that may be made and agreed upon in paragraphs one (1) and six (6), and there are no terms, obligations, understandings, covenants or conditions between CITY and CONTRACTOR other than contained herein, and no alteration, amendment or modification hereof shall be valid except by formal writing signed by them. CITY OF AZUSA By: Date: Authorized Signature and Title AMERICAN FORENSIC NURSES, Inc. By: Date: Authorized Signature and Title 3. T U INFORMAL HEARING TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS '\ C_ FROM: BRUCE COLEMAN, ECONOMIC &COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, CITY MANAGER �� DATE: SEPTEMBER 4, 2007 `l SUBJECT: PUBLIC NUISANCE APPEAL FOR PROPERTY LOCATED AT 204 E. FOOTHILL BLVD. AND 632 N. ALAMEDA AVENUE (FREEMANS TOWING AND AUTOBODY REPAIR). RECOMMENDATION Staff recommends that the City Council conduct a public nuisance appeal hearing, uphold the order of abatement by the City's Hearing Officer pursuant to Section 14-419 Azusa Municipal Code, deny the appeal, and adopt the recommended order of abatement. BACKGROUND The towing and auto repair businesses and operations located at 204 E. Foothill Blvd. and 632 N. Alameda Avenue became nonconforming uses on January 6, 1983 and a 20 year amortization ran to January 3, 2003. At the City Council meeting held on August 15, 2005, City Council approved an extension of the amortization period for the towing service use and the auto body/repair uses only until February 1, 2007 with the following conditions: 1. There can be no further extension of time and the uses shall cease before the deadline. 2. There can be no expansion of the amortized uses in the interim. 3. The property shall be well maintained and the operation of the business shall meet all Development Code standards, including signs. The property at 204 E. Foothill Blvd. also contains an "illegal" (as opposed to the legal nonconforming) U-Haul truck rental business. City records indicate that the U-Haul business was approved in September 1993 as an "office use only" as stated on the business license; the U-Haul trucks were to be kept at another location. The Code did not allow the truck rental business in the zone (originally "CBD" zone) at that time, nor does the current zone allow the vehicle rental businesses. Given these facts, the City Council ordered the U-Haul business to be discontinued by no later than January 1, 2006. Public Nuisance Appeal 204 E. Foothill Blvd and 632 N.Alameda Ave September 4, 2007 . Page 2 of 6 , A Public Nuisance Hearing was conducted on June 27, 2007 by the City's hearing officer due to the failure of the property owner to cease operations of the fully amortized nonconforming use of the towing service, parking of the U-Haul trucks and the continued operation of the auto body/repair uses. The business license for the U-Haul rental business is active and non conforming due to the illegal status of the use and is specified for "office use only". The business license for Freemans Towing Service has been closed out and is no longer a legal business and the business license for the Auto/body repair shop has been closed out and is no longer a legal business. Following the Public Nuisance Hearing, the properties at 204 E. Foothill Blvd. and 632 N.Alameda Ave. were declared a Public Nuisance and in violation of the City Council's previously recommended order to abate the nonconforming and illegal uses of the properties, and operating the business without current business licenses. The business license for the U-Haul business is currently active, but due to expire on September 30, 2007. The license will not be renewed due to the non conforming status. Violations are as follows: 1. The customer parking spaces are blocked by the storage of several tow vehicles. (Precise Plan of Design P-1 184 requires 18 parking spaces for customer parking). This is in violation of Precise Plan of Design P-1 184, amortization of nonconforming uses and Sections 10-1, 88.54.080(6), 88.60.030 and 14-412(6) AMC Azusa Municipal Code. 2. There is no business license on file for the towing service in violation of Section 18-5 Azusa Municipal Code. 3. The continuous use of the parking spaces by U-Haul vehicles is an illegal use, in violation of Sections 10-1, 14-412(6), 88.54.080(B), 88.60.030 and 18-5 AMC Azusa Municipal Code. 4. The business license on file for the U-Haul business is for "office use only" and not for storage of hauling vehicles in violation of Section 18-5 Azusa Municipal Code. Public Nuisance Appeal 204 E.Foothill Blvd and 632 N.Alameda Ave f September 4, 2007 Page 3 of 6 The conditions are evidenced in the following photographs of the properties. Photographs were taken on August 21, 2007. i 3 ._p •-.T- FRlMItf6.. _ MWT W10i ii M .Wl- 77 jo -'C DOW i. a 204 W. Foothill Blvd. Two U-Haul trucks parked in street. A �jCazs 1 " AUL - L - 204 W. Foothill Blvd. U-Haul truck parked on property. Public Nuisance Appeal 204 E.Foothill Blvd and 632 N.Alameda Ave September 4,2007 Page 4 of 6 r 1 11 204 W. Foothill Blvd. U-Haul truck parked on property. a ' J9 ti> µ\ aim+ myg °ry � '.{y. r t x aig fir' t a v .r��(' �.�,y�. �u y Mw,'is x}�a � �s -H• ��... '-_rt Erh�.�/�„_:�`?�--•r,�e.,..aex^�l - it 204 W. Foothill Blvd. Freemans tow trucks blocking parking areas. Public Nuisance Appeal � 204 E. Foothill Blvd and 63zwwamoaaAve September 4,2007 % Page so/6 ^ � 204 W. Foothill Blvd. Freennans tow truck parked in street. ~~^ ^~ Alameda Avenue (Auto body repair v''«p/ On July l0. IOO7. the owner nf the properties submitted anappeal tothe City Council for the order o[ determination made by the 6ty's hearing officer. In the appeal, the owner of the property stated that his company is building a new facility in San Dimas, and would like an extension until the end of October IOO8. &copy ofthe appeals application isattached |othe staff report. The appellant has not made any visible effort to correct the conditions to date, and the appeal submitted by the property owner does not provide any specific reasons why the decision of the Administrative Hearing Officer was ioerror. F Public Nuisance Appeal 204 E. Foothill Blvd and 632 N.Alameda Ave September 4, 2007 J Page 6 of 6 _ ""fic'tkrra. i 91 4 Recommended Order of Abatement: Staff recommends that the appeal be denied and that the property at 204 E. Foothill Blvd. and 632 N.Alameda Avenue and that the City Council uphold the decision made by the hearing officer as defined in Section(s) 14-417 Azusa Municipal Code (order of abatement), due to the amortization of non conforming uses and the illegal uses of the property, and that the following order of abatement be adopted: 1. Comply with the Amortization of Nonconforming Uses and have the tow vehicles removed from the customer parking areas within 30 days. 2. There is no business license on file for the tow vehicles; have the tow vehicles removed from the property within 30 days. 3. Comply with Amortization of Nonconforming Uses and have all uses of the U Haul vehicles removed within 30 days. 4. There is no business license on file for the parking of the U-Haul trucks, have all uses of the U- Haul trucks removed from the property within 30 days. FISCAL IMPACT: Should the City be required to seek civil litigation to cause abatement, legal fees are undetermined. It is anticipated that the costs incurred by the City maybe recovered through liens against the property and collected via the Los Angeles County Auditor Controller pursuant to Section 14-424 Azusa Municipal Code. Prepared by: Rick McMinn, Community Improvement Supervisor Attachments: August 15, 2005 Minutes of the City Council (page 4) Public Nuisance Appeal Application Letter of approval for Extension of Amortization (August 16, 2007) i CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY,AUGUST 15, 2005-6:30 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 CONFERENCE WITH LABOR NEGOTIATOR(Gov.Code Sec. 54957.61. Labor Agency Negotiators: City Manager Delach Negotiator Organizations/Employee: ACEA,APMA,AMMA,HPOA, CAPP, BEW, LABORERS, EXECUTIVE. REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop Property Address: 100 E. Foothill Blvd.,Azusa, (Wimpey's) Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 100 E.Alosta Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop Property Address: 890 E.Alosta Avenue,Azusa, (Foothill Shopping Center) Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 890 E.Alosta Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8) Real Prop Property Address: 1725 E.Arrow Hwy (Azusa Avenue and Arrow Hwy Property) Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 17525 E.Arroe Under Negotiation: Price and Terms of payment Highway CONFERENCEWITHLEMCOUNSEL POTENTIAL IITIGATION(Gov Code Sec.54956.9(bl) Confw/Legal One Case Counsel REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8) Real Prop Property Address: 100 Old San Gabriel Canyon Road,Azusa, (EI Encanto property) Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 100 Old San Under Negotiation: Price and Terms of payment Gabriel Cyn Rc PUBLIC EMPLOYMENT (Gov.Code Sec, 54957) Public Title: Public Works Director Employment Title: Community and Economic Development Director - The City Council reconvened at 7:37 p.m. Reconvened Mayor Chagnon announced Happy Birthday to City Manager Delach,Councllmember Carrillo, Happy and local resident David Feldman and invited audience a snack In celebration. Birthday City Attorney Carvalho advised that.there was not reportable action taken in Closed Session on City Attorney the two Real Property Negotiations that were discussed. Comments Mayor Chagnon called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION -Mr. Ruano of the Christian Family Center Invocation loved by Mayor Councilmemwr Hanks, seconded by Mayor Pro'-,n Hardison and EI Camino „I unanimously carried to approve an extension of amortized use for Rosales and Lucas,EI Camino Auto Repair Auto Repair, located at.633 N. San Gabriel Avenue, until January Z013 with the following Extension .f conditions: a.There can be no further extension of time; b. The auto repair use must cease Granted prior to January, 2013,c. There can be no expansion of the auto repair or similar use; and d. ir the property shall be well maintained and the operation of the business shall meet all Development Code standards. S s'.• gy y -04T,et - Aa-Elm' seltl�cYY�ded �:�atinbiltrtern'IS@t�-RoLha`'a i�ru ttro�s ' Freeman's o_ GY ` r1 • �.�K' ,_ ,�sei 6Cezal:? 4 'oi: IfBoule��id-ff Tow, and Auto Body Use g 1OOX 1 frinon{titrerlis a i�SRreanb Extension Granted ks"�� ,tel - mOdJth �esrs'• 1�f,4��ease_e�6r �tF{ee�.�'dfl e,� xt�a a � ^c�t��da? ���ttdf ����afi � 7�i�,p7oP&k4y 3Fl"afl be,�el r�iauST,tr��ar "'Yt5 ������ e b 'tom-Fi ..i:ee�E��v�laen��3` '�t„"'�tiifatds � ,{: t;Tf"tterit e Ifo; .9dec 5t 6Gt JJ' 11 e'dLda uua o s catPle` U-Haul iD .� ter= e bratet 2�E d�t�LFsbl51 rii dby tte#on Extension z ng•za ons ��slka�` Granted c�- � �� •� $'I$ ii��Cbt$ e[a�i1cll�Inb�slgn33 The property located at 650 N.Azusa Avenue,owned by Wayne and Valda Fletcher/James and Wimpey's . Sharon Yenyo,Wimpey's Pawn Shop,was not discussed or considered at this time as scheduled. No action PUBLIC HEARING-a request by Azusa Pacific University for approval of a Specific Plan and ,Pub Azusa Pacific Development Agreement. University The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication Hrg Open of notice of said hearing published in the Azusa Herald on August 4, 2005. Assistant Community Development Director Onaga provided a summary of the Planning Ass't Com De, Commission recommendation regarding the Specific Plan and the Environmental impact Report, Dir Onaga but not the Development Agreement.He stated that the Planning Commission had concerns Comments regarding the following: Aesthetics: Foothill/AlostaStreetscape-The concerns were about the visual Impact of 50 foot tall building s along the corridor. In response,APU prepared diagrams and renderings to Illustrate what certain segments of the corridor would look like at build out under the proposed height standards. The Commission was satisfied with the setbacks and height standards after viewing the renderings. Circulation: Palm Drive/Foothill Boulevard-The City's Engineering Division is concerned that the distance is too close to accommodate safe left turns on Foothill Boulevard exiting the West Campus. Additional language has been added to tly with APU and the Specific Plan that calls for the City to review future access concepts Join Rosedale representatives to devise a circulation planfor and/or around the Foothill Blvd./Palm Ave.intersection that will minimize the potential for turning movement conflicts. Community Serving Retail: The language in the agreement,a Disposition and Development Agreement of 1999, that the scope of development was to provide commercial/retails services to both the student population and the surrounding community at the northeast corner of Stein Lane and Foothill Boulevard. The December 2004 version of the Specific Plan does not contain a similar requirement,but,the.Planning commission recommended that 6,500 square feet of community oriented retail space should be required. Drive In Theater Marquee Sign: Although two members of the Commission disagreed with the EIR's conclusion that the marquee sign was a "significant"historic resource worth preserving,APU representa[tvesstateci that they had worked closely with the city's Cultural and Historic Preservation Commission and others, and now believe that the marquee sign can be working Into their long range development plan,and they do not object to the mitigation measure. Mr.Mark Dickerson,Attorney for Azusa Pacific University,displayed slides of the project Specific M. Dlckersor Plan and detailed plans for the project; he introduced project Architect Richard Thompson, Comments Planner Woody Tisher,Traffic Engineer Shan Moan,Jim Field,and he answered questions posed by Councilmembers. The following persons expressed their support in favor of the project: Art Morales, Jorge V. Testimony Rosales,Alice Watkins,and Cynthia Cervantes McGuire, After additional comments,it was consensus of Councllmembers to continue the Public Hearing Po 9continue to the City Council meeting of Tuesday,September 6, 2005. 08/15/05 PAGE FOUR `y PUBLIC NUISANCE/CONFH MED COSTS APPEAL Y OWNER(S) PATTERSON FAMILY TRUST ADDRESS 632 N ALAMEDA AVE, AZUSA, CA PHONE NUMBER (HOME) 62b,3:14-2006 (WORK) .. . 07�C-941-MC - CITY CASE NUMBER ASSESSORSNUMBER 5611002-,034 PROPERTY DECLARED A NUISANCE 632 N ALAMEUA AVE; AZUSA,, CA & 204 1c TH LL BLVD GROUNDS FOR APPEAL: , AZUSA, CA (Note: Specific reasons for appeal and copies of any supporting evidence Is required). 1) There is no unlicensed business being operated by this owner from the premises, ' 2) "he Comnany is building a new facility in San Dimas, and if there can be an extension until the end of October 2005, all. trucks will be removed and the office completely closed by that ate. The company agrees not to ask for any further extensions, o N ` En � D W —s N frn � 3 SICNAT E Lee Patterson, Trustee APPEAL FILED WITH CITY CLERK ON: COUNCIL HEARING DATE SET FOR: /C(PshA OWNER NOTIFIED OF HEARING DATE ON: CITY CLERK S OFFICE STAFF MEMBER The Canyon City—Gateway to the American Dream Candace Toscano Assistant City Clerk August 23, 2007 Patterson Family Trust 632 N. Alameda Azusa, CA 91702 Re: Public Nuisance Appeal for property located at 632 N. Alameda Ave., and 204 E. Foothill Blvd, Azusa, CA 91702 Dear Mr. Patterson, Please be advised that the Public Nuisance Appeal you filed for the above noted property will be heard before the City Council of the City of Azusa at its regularly . scheduled meeting of Tuesday, September 4, 2007, at 7:30 p.m. or as soon thereafter as the matter may be heard, at the Azusa Auditorium located at 213 E. Foothill Boulevard, Azusa. At that time you can present the basis for the Appeal. 1 will be mailing you an agenda and staff report as soon as they are available. If you have any questions regarding the matter, please call me. Very truly yours, C da 0 Assistan Ity lerlc cc: B. Coleman, Economic Development Director R. McMinn, Community Improvement Supervisor /t 213&Foothill Blvd.,Azusa California 91702, (626)812-5271-Fax(626)812-5155-e-mail-ctoscano@ci.azusa.ca.us J pF'9? U /7 v4 AGENDA ITEM TO: 'THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUCE COLEMAN, DIRECTOR OF ECONOMIC AND COMMUNITY V DEVELOPMENT VIA: F.M. DELACH, CITY MANAGER *V---2 DATE: SEPTEMBER 4, 2007 /� SUBJECT: A request to the City Council for: 1 . A letter of Public Convenience or Necessity regarding the sale of, beer at an existing restaurant, Chica's Place, located at 251 S. Irwindale Avenue, Azusa. Case No: Conditional Use Permit 2001-06 Business Owner: Maria Segura; and 2. The City Council to delegate the responsibility to the Review Authority, to determine in the future, if public convenience or necessity will be served by the issuance of a liquor license from the State Department of Alcoholic Beverage Control (ABC) notwithstanding a determination by the ABC that there is an undue concentration of licenses in the City of Azusa. RECOMMENDATION: Staff recommends that the City Council: 1 . Review and approve the request for a letter of Public Convenience or Necessity; and 2. Delegate the responsibility to the Review Authority(Planning Commission or Zoning Administrator), to determine in the future, if public convenience or necessity will be served by the issuance of a liquor license from the State Department of Alcoholic Beverage Control (ABC) notwithstanding a determination by the ABC that there is an undue concentration of licenses in the City of Azusa. P:\I PlanninMEntitlements\4-Cup\2001\C-2001-06 So irMndale251 Candys\CCStaffReport PC&N letter.doc C-2001-06 September 4, 2007 City Council PCS.N letter Page 2 of 3 BACKGROUND: On August 29, 2001 , the property owner of 251 S. Irwindale Avenue was granted a Conditional Use Permit (CUP 2001-06) by the City to allow the sale of beer at that existing restaurant. A type 40 on-sale beer ABC license was granted by the ABC at that time, based on the approval of the CUP. ' However, now in 2007, when the new business owner applied to the ABC for a new license to continue the on-site sale of beer in the restaurant, the ABC is requiring the City to also find that the sale of beer at the restaurant will provide a "public convenience or necessity". The ABC has determined, using census tract data, that there is an over-concentration of on-sale licenses in the subject census tract (4044.02). That is, the ratio of on-sale retail licenses to the population in the census tract exceeds the ratio of on-sale retail licenses to the population county-wide. However, the ABC does allow the approval of additional new licenses if the City determines that the public convenience and necessity would be served by additional licenses. In 2001 , when the original CUP was approved, there was no over-concentration of on-sale liquor licenses in that area. Therefore, a determination of public convenience or necessity was not needed or included in the original CUP approval Resolution. Now, however, since the ABC has identified the over-concentration, the City Council is being asked by the new business owner and by the ABC to determine that the public convenience or necessity is served by the issuance of the new beer license. Pursuant to Business and Professions Code section 23958.4.a3.b.2, it is the responsibility of the business owner to show that the public convenience or necessity would be served by the issuance of a license. In this instance the City can determine that the public convenience or necessity would be served by offering the convenience of beer with meals particularly since there are very few, similar establishments within the census tract to provide this service. The new business owner of 251 S. Irwindale, Maria Segura, has submitted the attached information for the City Council's review. To summarize, the business owner feels that the on-site sale of beer in her restaurant would allow her to be competitive with other restaurants in the general area and provide her customers the convenience of beer with their meal. In addition, staff asked the Police Department to review the crime statistics for the area around the subject property, 251 S. Irwindale Avenue. The subject property is located in Reporting District No. 138. According to the Police Department,.the crime rate in this area is low and the calls for service at the subject property are rare. C-2001-0G September 4, 2007 City Council PCS.N letter Page 3 of 3 DISCUSSION: At this time, the Development Code allows the Review Authority, (the Zoning Administrator or the Planning Commission) to approve or deny a Minor Use Permit or Use Permit for alcohol use, with right of appeal to the City Council. It does not explicitly allow the Review Authority to satisfy the "public convenience or necessity" requirement of the Business and Professions Code Section 23958.4.a3.b. This can only be determined by the City Council. However, in March 1995, the Department of Alcoholic Beverage Control notified the City that the City Council may delegate the duties of determining whether or not public convenience or necessity are met to a subordinate agency such as a zoning, planning or law enforcement official if desired. CONCLUSION: Staff is recommending that the City Council designate the Review Authority, which is the Zoning Administrator or the Planning Commission, to satisfy the public convenience or necessity requirement of the Business and Professions Code Section 23958.4.a3.b. ATTACHMENTS: - Business Owner ABC License Application - Public convenience or necessity request and Statement - Draft public convenience or necessity approval letter - March 8, 1995 Dept of ABC memo - Draft Resolution to Designate the Review Authority State of California Department of Alcoholic Beverage Conti APPLICATION FOR ALCOHOLIC BEVERAGE LICENSES) ABC 211 (6199) _ . File Number: 454373 TO: Department of Alcoholic Beverage Control Receipt Number: 1616026 222 E. Huntington Dr. Geographical Code: 1904 Ste. 114 Copies MalkZ(} -Cj ft, y� *17 Monrovia, CA 91016 Issued Date: nf� (626)256-3241 2901 MAY 29 A 0 49 DISTRICT SERVING LOCATION: MONROVIA First Owner: SEGURA MARIA PILAR Name of Business: CfHCASPLACE Location of Business: 251 S IRWINDALE AVE AZUSA, CA 91702-3247 County: LOS ANGELES Census Tract .4044.02 Is premise inside city limits? Yes Mailing Address: SAME AS PREMISES (If different from premises address) Type of license(s): 40 No xxx / Dropping Partner: Yes_ Transferor's license/name: License Tvoe Transaction Fee Tvoe Master Dun Date Fee NA y 0 05/25/07 $200.00 ANNU 40 ON-SALE BEER - ORIGINALFEEES NA y 0 05/25/07 $226.00 40 ON-SALEBEER ANNUAL FEE N 2 05/25/07 $78.00 40 ON-SALE BEER STATE FINGERPRINTS NA Total $504.00 Have you ever been convicted of a felony? N o Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an atta h em which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. County of LOS ANGELES Date: May 25, 2007 STATE OF CALIFORNIA tY Under penalty of perjury each person whose signature appears below, certifies and says: (p He is an applicant, or one of the applicants, or a he hasvread officer foregoing and knowsphetrcontensed in the thereof and foregoing that each olfcthe above statements to thettnakmadesare ptrue`r(3)onthat no behalf; person)otherthat than the applicant or applicants has That direct Or transferindirect application interest in theedpplicantr is noslicant, to satisfy the siness to bpayment Of da 7oanr ortolifulfill sanfor which this application is made; ( ) licution is establishts entererenca to ore foranycrteditor0)Orr trandays sferordrng the day orr to defraud nor whichthe anyrcreditor app, of transferor;;(5) tied that the th the Dtransfer eapPlicatnt or ion gain may be withdrawn by either the applicant or the licensee with no resulting liability to the Department Applicant Signatur (Pr,s) Applicant Name(s) ll{/E eRIJ SEGURA MARIA PILAR Cc (0-etLnbj— & ��, Attention: City Council Chica's Place is a Deli&Mexican Restaurant. The hours off operation are Monday through Friday 6:00 am- 4:00pm and Saturday from 6:00am—2:00pm. Also 60%of the customers are truck drivers; they find that Motor Ave is a great street for them to park. The restaurant is walking distance for a.lot of the customers, since it is located in the middle of the industrial commercial warehouses. There is another deli just 3 miles down,but their prices are very costly. My prices are very economical for some workers. Sin ere y, Maria Segura Chica's Place 251 S. Irwindale Ave Azusa, CA 91702 t,. 7D A-),Oe)ot i /we?-y D Lone,& 741 e -710 IWAI " U r • 1: ti The Canyon City—Gateway to the American Dream September 4, 2007 Kim Wachowsld, Case Investigator Department of Alcoholic Beverage Control 3204 N. Rosemead Boulevard, #103 EI Monte CA 91731 Dear Ms. Wachowski: The City of Azusa has determined that the public convenience or necessity will be served by the issuance of a type 40 on-sale beer license to Maria Segura, Chica's Place, 251 S. Irwindale Avenue. There is an existing, valid Conditional Use Permit, CUP-2001-06, for a type 40 on-sale beer license, for this location. Please contact Susan Cole of the Economic and Community Development Department (626-812-5226) if you have any further questions on this matter. Sincerely, F. Delach City Manager cc: Maria Segura, Chica's Place, 251 S. Irwindale Avenue, Azusa, 91702 C-2001-06 file C '-' PETE WIISON.Gn,ern01 e_TE CF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY .- �uR EPARTMENT OF ALCOHOLIC BEVERAGE CONTROL y 10 ROSIN COURT, SUITE 150,SACRAMENTO,CA 96834 6)263-6900 n z March 8, 1995 Cjet ab �h!MUry •,J cu r�MeNr To: County Board of Supervisors sa City Councils Mayors During the 1994 Legislative Session amendments and additions were made to certain visions o f the Business and Professions Code relating to alcoholic beverage licensing provisions , clues and counties. which affect the local govermnao bodies of Section 23958.4 was added to the Business and Professions Code to define "undue concentration" of licenses and to establish the procedure for determining if public convenience and necessity will warrant the issuance of a license notwithstanding a determination that there is an undue concentration of licenses. A copy of the chaptered Assembly bill creating Section 23958.4 is enclosed. With respect to non-retail licenses, bona fide public eating place licenses, certain hotel, motel, or specified lodging establishments and retail licenses issued in conjunction with a beer manufacturing or winegrower's license, if the applicant shows that public convenience or necessity would be served, a license may be issued by the Department. In this situation the local governing body does not make a determination of public convenience and necessity. However, nothing would preclude a city or county from protesting the issuance of a license on these grounds or any other grounds. With respect to all other retail licenses, most notably all off-sale beer and wine licenses, off-sale general licenses, and all other on-sale licenses, the determination of whether or not public convenience and necessity is met will be determined by the local governing body of the appropriate city or county. In other words, if there is an undue concentration of licenses in the area of a proposed licensed premises and the local governing body determines that issuance of the license would meet public convenience and necessity standards, the Department of Alcoholic Beverage Control will be bound by that determination and the license could be issued, assuming other factors, such as the personal qualification of the applicant, citizen protests and other non-public convenience and necessity factors do not preclude the issuance of the license. On the other hand, if the local governing body determines that public convenience and necessity would not be served, that determination by itself would preclude the issuance of the license by the .Department. The Department is asking that all determinations of satisfying public convenience and necessity be in writing and submitted to the local office of the Department. , As the local governing body you may elect to delegate the duties of determining whether or not public convenience and necessity are met to a subordinate agency such as a zoning, planning, or law enforcement official if desired. If this is your decision please submit a written notice of such delegation to the Department's Headquarters address within 30 days of the date of this notice. If such a delegation is not made within that period we will assume that the local governing body itself will be making these .determinations Please send all notifications of delegation of these duties to: Department of Alcoholic Beverage Control . Office of the Director 3810 Rosin Court, Suite 150 Sacramento, CA 95834 We appreciate your cooperation in these matters and we feel that the changes in the law as outlined above will serve to give local officials the ability to better deal with alcoholic beverage licensing issues. Sincerely, r enton P. Byers Chief Counsel i . Assembly Bill No. 2897 CHAPTER 630 An act to amend Section 23958 of, and to add Section 23958.4 to, the Business and Professions Code, relating to alcoholic beverages. [Approved by Govemor September 19, 1994. Filed with Secretary of State September 20, 1994.] LEGISLATIVE COUNSEL'S DIGEST AB 2897, Caldera. Alcoholic beverages: retail licenses: undue concentration. Existing law provides that the Department of Alcoholic Beverage Control may deny an application for a license if the issuance would, among other things, result in or add to an undue concentration.of licenses, and the applicant fails to show that public convenience or necessity would be served by the issuance. Existing regulatory law defines "undue concentration" with regard to applications for on-sale and off-sale retail licenses. This bill would instead require the Department of Alcoholic Beverage Control to deny an application if issuance would tend to create a law enforcement problem; or would result in or add to an undue concentration of licenses. The bill would change the definition of undue concentration, and would provide that, notwithstanding the requirement that the department deny an application that would result in or add to an undue concentration of licenses, a license may be issued with respect to a nonretail license, a retail on-sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance, and with respect to any other license, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance. The people of the State bf California do enact as follows. SECTION 1. Section 23958 of the Business and Professions Code is amended to read: 23958. Upon receipt of an application for a license or for a transfer of a license and the applicable fee, the department shall make a thorough investigation to determine whether the applicant and the premises for which a license is applied qualify for a license and whether the provisions of this division have been complied with, and shall investigate all matters. connected therewith which may affect the public welfare and morals. The department shall deny an 94 110 Ch. 630 —2— application 2— application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qualify for a license under this division. The department further shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4. SEC. 2. Section 23958.4 is added to the Business and Professions Code, to read: 23958.4. (a) For purposes of Section 23958, "undue concentration" means the applicant premises for an original or premises-to-premises transfer of any retail license are located in an area where any of the following conditions exist: (1) ,The applicant premises are located in a crime reporting district that has a 20.percent greater number of reported crimes, as defined in subdivision (c), than the average number of reported crimes as determined from ail crime reporting districts within the jurisdiction of the local law enforcement agency. (2) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. (3) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in ,the county in which the applicant premises are located. (b) Notwithstanding Section 23958, the department may issue a license as follows: (1) With respect to a nonretail license, a retail on-sale bona fide eating place license, a retail license issued for a hotel,motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance. (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located determines that. public convenience or necessity would be served by the issuance. (c) For purposes of this section, the following definitions shall apply: (1) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county), that are identified by the local law enforcement agency in the. compilation and maintenance of statistical information on reported crimes and arrests. 94 140 -3— Ch. 630 (2) "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. „ (3) "Population within the census tract or census division means the population as determined by the most recent United States decennial or special census. The population determination shall not operate to prevent an applicant from establishing that an increase of resident population has occurred within the census tract or census division. (4) "Population in the county" shall be determined by the annual population estimate for California counties published by the Population Research Unit of the Department of Finance. (5) "Retail licenses" shall include the following: (A) Off-sale retail licenses: Type 20 (off-sale beer and wine) and ° Type 21 (off-sale general). (B) On-sale retail licenses: All retail on-sale licenses, except Type 43 (on-sale beer and wine for train), Tv pe 44 (on-sale beer and wine for fishing party boat), Type 45 (on-sale beer and wine for boat), Type 46 (on-sale beer and wine for airplane), Type 53 (on-sale. general for train and sleeping car), Type 54 (on-sale general for boat), Type 55 (on-sale general for airplane), Type 56 (on-sale general for vessels of more than 1,000 tons burden), and Type 62 (on-sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tons displacement). (6) A"premises to premises transfer" refers to each license being separate and distinct and transferable upon approval of the department. (d) For purposes of this section, the number of retail licenses in the county shall be determined by the most recent yearly retail license count published by the department in its Procedure Manual. (e) The enactment of this section shall not affect any existing rights of any holder of a retail license issued prior to April 29, 1992, whose premises were destroyed or rendered unusable as a result of the civil disturbances occurring in Los Angeles from April 29 to May 2, 1992, to reopen and operate those licensed premises. (f) This section shall not apply where the premises have been licensed and operated with the same type license within 90 days of the application. O 94 160 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DELEGATING TO THE REVIEW AUTHORITY THE RESPONSIBILITY TO DETERMINE IF PUBLIC CONVENIENCE OR NECESSITY WILL WARRANT THE ISSUANCE OF A LIQUOR LICENSE NOTWITHSTANDING A DETERMINATION BY THE STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL THAT THERE IS AN UNDUE CONCENTRATION OF LICENSES. WHEREAS, Section 23958.4 of the Business and Professions Code has defined "undue concentration"of licenses and has established the procedure for determining if public convenience or necessity will warrant the issuance of a license notwithstanding a determination that there is an undue concentration of licenses; and WHEREAS, Section 23958.4 of the Business and Professions Code states that,with respect to certain retail licenses,the determination of whether or not public convenience or necessity is met will be determined by the local governing body of the appropriate city or county; and WHEREAS, the State Department of Alcoholic Beverage Control has also determined that the local governing body may elect to delegate the duties of determining whether or not public convenience or necessity are met to a subordinate agency such as a zoning, planning or law enforcement official if desired; and WHEREAS, the City Council of the City of Azusa has held a public meeting on September 4, 2007, with respect to the matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That the City Council shall delegate the responsibility to determine whether or not public convenience or necessity are met to the Review Authority as identified in the Development Code Section 88.51.040. SECTION 2: The City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 0' day of September, 2007. JOSEPH ROCHA, MAYOR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of Resolution No. SePtember 4, 20C Public Convenier Page 2 of 2 the City of Azuszeting thereof, held on the 4th day of September, 2007 by th following vote of; AYES: CORS: NOES: GOERS: ABSENT: COIERS: ABSTAIN: CORERS: era Mendoza, ity Clerk APPROVED AS TG City Attorney Resolution No. September 4, 2007 Public Convenience or Necessity Page 2 of 2 the City of Azusa at a regular meeting thereof, held on the 4I day of September, 2007 by the. following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Vera Mendoza, City Clerk APPROVED AS TO FORM: City Attorney ti i � ' ME AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: FRAN DELACH, CITY MANAGER 1W SONIA CARVALHO, CITY ATTORNEY DATE: SEPTEMBER 4, 2007 SUBJECT: REVIEW AND DISCUSS DRAFT COMMERCIAL VEHICLE AND OVERSIZED VEHICLE STREET PARKING ORDINANCE RECOMMENDATION: That the City Council review the attached draft ordinance and provide direction concerning the proposed regulations. BACKGROUND: Recently, the City Council requested that staff review its current commercial vehicle street parking regulations to address the issue of oversized vehicles parked for extended periods of time on City streets. Parking of large commercial vehicles and oversized vehicles presents a safety hazard to pedestrians and vehicle traffic by impeding visibility. In addition, parking of large commercial vehicles and oversized vehicles in residential and commercial areas negatively impacts the aesthetics of the street. As a result, staff and the City Attorney's office have amended the City's existing commercial vehicle regulations to address these concerns. The attached Draft Ordinance amends portions of Chapter 74 of the Azusa Municipal Code as follows: 1. Adds new definitions for "oversized vehicles," "park," and "recreational vehicle" to clarify enforcement of the regulations. Of particular note are the definitions for"oversized vehicle," . which define this in terms of the physical characteristics of a vehicle (any vehicle that exceeds twenty three (23) feet in length, or eighty (80) inches in width or ninety-six (96) inches in height regardless of its weight); and the definition of"park" which includes language stating that "[F]or purposes of this definition a vehicle that is moved to a location or parking place that is within a two-hundred (200) foot radius if its original location or parking place shall be deemed to be parked at the same original location." This is important because there have been instances in the past where illegally parked vehicles are simply moved from one nearby location to another to avoid the parking prohibitions. 2. Continues the prohibition on the parking of commercial vehicles with a gross vehicle weight rating or gross combination weight rating of more than ten thousand (10,000) pounds on any public highway, street or alley in the City in excess of sixty (60) minutes. 3. Adds a prohibition to the parking of unattached trailers and boats on all City streets. —1— 4. Prohibits the parking of'oversized" vehicles on any City street for more than sixty (60) minutes between 6:00 a.m. of any day and 2:00 a.m. of the following day or for more than thirty (30) minutes between 2:00 a.m. and 6:00 a.m. of any day, subject to certain exceptions (i.e. pickups and delivery, emergency vehicles, vehicle being repaired). 5. Provides an exception to the time limits noted above for the parking of recreational vehicles. These may be parked may be parked or left standing for seventy-two (72) hours provided certain conditions are met, including that the recreational vehicle is parked immediately adjacent to the home where the owner or guest resides; the recreational vehicle is not used for sleeping or living purposes during the time it is parked; the recreational vehicle does not obstruct traffic or impede safety; and the parking of the recreational vehicle otherwise meets other applicable parking laws, including street sweeping parking regulations. In drafting the Ordinance, staff was mindful of the previous comments made by the City Council and the commission established by the Council to review recreational vehicle parking issues. FISCAL IMPACT: There is no fiscal impact as a result of this discussion item. 2 [DRAFT] ORDINANCE NO. 2007 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 74 OF THE AZUSA MUNICIPAL CODE REGARDING COMMERCIAL AND OVERSIZED VEHICLE STREET PARKING REGULATIONS THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 74-1 of Article I of Chapter 74 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: Sec. 74-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bus loading zone means a public place alongside the curb of a street or elsewhere in the City which has been designated by the City engineer for the loading or unloading of passengers by a public carrier engaged in the transportation of passengers. Commercial vehicle means a motor vehicle of a type required to be registered under the California Vehicle Code, or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. Gross vehicle weight rating (GVWR) means the weight specified by the manufacturer as the loaded weight of a single vehicle. Gross combination weight rating (GCWR) means the weight specified by the manufacturer asthe loaded weight of a combination or articulated vehicle. In the absence of a weight specified by the manufacturer, GCWR shall be determined by adding the GVWR of the power unit and the total unladen weight of the towed units and any load thereon. Loading zone means that space adjacent to a curb reserved for the exclusive use of vehicles during the loading and unloading of passengers or materials. Oversized vehicle shall be defined as any vehicle whether motorized or non- motorized, that exceeds twenty three (23) feet in length, or eighty (80) inches in width or ninety-six (96) inches in height regardless of its weight. Any extension caused by any mirror, load height or any accessory attached to such vehicle shall be considered part 26249901MMARTI NEZ139191. 11 of the measured distance. Notwithstanding the length, width, and height requirements for an oversized vehicle, the following vehicles shall also be considered oversized vehicles subject to the prohibitions contained in this section: 1. Buses as defined in the California Vehicle Code; 2. Trailer coaches as defined in the California Vehicle Code; and 3. Recreational vehicles as defined in this chapter. Park means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers. For purposes of this definition a vehicle that is moved to a location or parking place that is within a two-hundred (200) foot radius if its original location or parking place shall be deemed to be parked at the same original location. Parkway means that portion of a street other than a roadway or sidewalk. Passenger loading zone means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. Pipe or pole dolly means a vehicle, other than a motor vehicle, having one (1) or more axles which axles, if there be more than one (1), are not more than fifty-four (54) inches apart, and two (2) or more wheels, used in connection with a motor vehicle solely for the purpose of transporting poles, timbers, pipes, or integral structural materials and connected with the towing vehicle both by chain, rope, cable, or drawbar, and by the load, without any part of the weight of the dolly resting upon the towing vehicle. Police officer means every officer of the police department or any City employee authorized by the chief of police to direct or regulate traffic or to make arrests for violations of this chapter. Recreational vehicle shall be defined as a motor home, slide-in camper, travel trailer, truck camper, or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy. Recreational vehicle shall also include: 1. Camping trailer. A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite and designed for human habitation for recreational or emergency occupancy; 2. Motor home. A vehicular unit built on or permanently attached to a self- propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of 2624990\M MART I N EZ\39191. 12 the completed vehicle, designed for human habitation for recreational or emergency occupancy; 3. Slide-in camper. A portable unit, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and designed for human habitation for recreational or emergency occupancy and shall include a truck camper. 4. Travel trailer. A portable unit, mounted on wheels, of such a size and weight as not to require special highway movement permits when drawn by a motor vehicle and for human habitation for recreational or emergency occupancy. Semitrailer means a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle. Stop, when required, means complete cessation of movement. Streetcar means a car, other than a railroad train, for transporting persons or property and operated upon rails, principally within the City. Taxistand means a public place alongside the curb of a street or elsewhere in the City which has been designated by the council as reserved exclusively for the use of taxicabs. Trailer means a vehicle designed for carrying persons or property on its own structure and for being drawn by a vehicle. "Trailer" includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer. Truck tractor means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. As used in this section, "load' does not include items carried on the truck tractor in conjunction with the operation of the vehicle if the load carrying space for these items does not exceed thirty-four (34) square feet. Unladen weight means the weight of a vehicle equipped and ready for operation on the road including the body, fenders, oil in motor, radiator full of water, with five gallons of gasoline or equivalent weight of other motor fuel; also equipment required by law, and unless exempted under California Vehicle Code Section 661 , any special cabinets, boxes or body parts permanently attached to the vehicle, and any machinery, equipment or attachment which is attendant to the efficient operation of the body or vehicle. Vehicle means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. 2624990NMMARTIN EZ\39191. 13 S C�_2. Section 74-466 of Article VIII of Chapter 74 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "Sec. 74-466 Commercial and Oversized Vehicle Parking. (a) No person shall park, store or leave standing any commercial vehicle, truck tractor or truck tractor with or without an attached trailer, semitrailer or pipe or pole dolly designed to be operated in combination with a truck tractor with a gross vehicle weight rating or gross combination weight rating of more than ten thousand (10,000) pounds on any public highway, street or alley in the City in excess of sixty (60) minutes, unless: (1) The vehicle is making pickups or deliveries of goods, wares, services or merchandise to or from any building or structure immediately adjacent to the property on which such building or structure is situated. (2) The vehicle is being used in conjunction with the making of alterations, repairs or construction upon any private or public property for which a building permit has previously been obtained. (3) The vehicle is an ambulance, paramedic or public safety vehicle involved in responding to an emergency. (4) The vehicle is being repaired under emergency conditions for less than 8 hours. For purposes of this section emergency repairs shall mean sudden and unexpected repairs occurring during transport of the vehicle. (5) The vehicle belongs to federal, state or local authorities while conducting official government business. (b) Regardless of weight, no person shall park or leave standing any detached trailer, travel trailer, camping trailer, boat, boat trailer, semitrailer or pipe or pole dolly upon any public highway, street or alley. (c) No person shall park, store or leave standing any oversized vehicle upon any public highway, street or alley for more than sixty (60) minutes between 6:00 a.m. of any day and 2:00 a.m. of the following day or for more than thirty (30) minutes between 2:00 a.m. and 6:00 a.m. of any day, unless: (1) The oversized vehicle is making pickups or deliveries of goods, wares, services or merchandise to or from any building or structure immediately adjacent to the property on which such building or structure is situated. (2) The oversized vehicle is being used in conjunction with the making of 2624990\MMARTINEZ\39191. 14 - alterations, repairs or construction upon any private or public property for which a building permit has previously been obtained. (3) The oversized vehicle is an ambulance, paramedic or public safety vehicle involved in responding to an emergency. (4) The oversized vehicle is being repaired under emergency conditions for less than 8 hours. For purposes of this section emergency repairs shall mean sudden and unexpected repairs occurring during transport of the vehicle. (5) The oversized vehicle belongs to federal, state or local authorities while conducting official government business. (d) Notwithstanding the parking and standing prohibitions contained in subsection (c), an oversized vehicle that is a recreational vehicle or vehicle with an attached camping, travel or boat trailer that belongs to a resident, or a guest of the household in which such resident resides, may be parked or left standing for seventy- two (72) hours provided the following conditions are met: (1) The recreational vehicle or vehicle with an attached camping, travel or boat trailer is parked on the street immediately adjacent to the property upon which the resident or guest resides. (2) The recreational vehicle or vehicle with an attached camping, travel or boat trailer shall not be used for overnight camping, lodging, residing in, or any use for accommodation purposes. (3) The recreational vehicle or vehicle with an attached camping, travel or boat trailer shall not visibly block or obscure any existing safety or traffic control device and shall otherwise meet all other parking requirements for the street upon which it is parked. (4) The Police Chief, or designee, determines that the parking of the recreational vehicle or vehicle with an attached camping, travel or boat trailer would not create a public safety hazard. Such a determination may be made based on factors, including, without limitation, the size of the recreational vehicle or vehicle with an attached camping, travel or boat trailer, the configuration of the street or the location of any nearby trees, improvements or structures. (5) Parking of the recreational vehicle or vehicle with an attached camping, travel or boat trailer shall be in compliance with other applicable laws and parking regulations otherwise imposed on the street, including but not limited to parking restrictions containing time limitations and parking restrictions imposed for the purpose of facilitating street sweeping." 26249901M MART I N EZ139191. 15 gFQTIQN3. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. SECTION 4. This Ordinance shall become effective thirty (30) days after its adoption. SFCTION .9i. 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_nd day of 2007. Joseph Rocha Mayor ATTEST: Vera Mendoza City Clerk APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 2624990\MMARTINEM9191. 16 s �p $ �}, sePf�cck• i?.scurbe . . . 3-2c`�'..�a��H=►.t� .. . IThau) AGENDA EM" TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL c D� FROM: F. M. DELACH, CITY MANAGER DATE: AUGUST 6, 2007 SUBJECT: IMPLEMENTATION OF RECOMMENDATIONS BY THE AZUSA CITIZENS' COMMITTEE FOR CODE COMPLIANCE (ACCFCC) RECOMMENDATION It is recommended that City Council finalize discussions and recommendations regarding the proposed changes to the City of Azusa Development Code. EXECUTIVE SUMMARY City Council has been reviewing all of the recommendations made by the ACCFCC for the past year regarding a variety of issues, most importantly, the storage and parking of recreational vehicles. Throughout this review period, changes have been provided to the City Attorney's Office for compilation and final changes to be made to the Development Code. Two specific areas were set aside for further City Council deliberation dealing with RV parking and temporary signs used by businesses. Staff will present additional graphic illustrations of these two issues at the City Council for further discussion. BACKGROUND On July 17, 2006, the City Manager appointed a committee to review five issues related to the new development code that had caused some community concerns. This five issues included temporary signs in connection with commercial, business, service, and retail related entities; recreational vehicle parking and storage in private residential properties and on public streets; vehicle parking and storage on private residential properties and residential zoning streets and alleys; commercial vehicle parking and storage on private residential properties and residential zoned streets and 0 alleys: and, temporary accessory structures visible in.front yards, side yards and all private areas other than behind a minimum 5'0" high solid fenced side and rear yard. The committee was composed of nine Azusa residents, Chairman Jorge Rosales, Vice- Chairperson Peggy Martinez,-Secretary Frances Melanson and members,'Don Boline; Bart Luce;Art Morales, Jimmy Sanford, Roman Seano and Mike Trelles. The committee was staffed by Assistant City Manager Robert Person with assistance.from• Bruce Coleman, Martin Quiroz and ;Tina Cravens. In addition, various staff members attended meeting ih'ordet to provide"operational" input. Those staff members included James Makshanoff, Larry Onaga, Fabiola Wong, Tom Montague, Mike Scott and Rick McMinn. The committee worked every Thursday from August 10 through November 27 (with the exception of Thanksgiving) and met its delivery date to the City Manager. On December 18, 2006,staff transmitted the Committee's recommendation to City Council for review. Concurrently, staff began a detailed analysis of the recommendations to determine any possible amendments to the recommendations for successful implementation. On February 19, 2007 staff presented a series of recommendations relative to the Committee's recommendations. At that meeting, City Council requested staff to prepare a "matrix" format so that a comparison could be more easily made between what is contained in the current Development Code and what is being recommended by the Committee. In order to more easily digest the voluminous amount of information contained in the current Development Code, the Committee's recommendations, staff's recommendations and any prior Council comments, staff is presenting the information in sections. On March 19, 2007 City Council reviewed and approved the recommendations regarding the definition and uses of accessory structures. On April 16, 2007 City Council reviewed and approved (with the exception of one pending item in which the Committee and staff differed in opinions: doubling the allowed times for the display of temporary signs (30 vs. 60 days) and the distribution of those time periods throughout a year)) the remaining issues related to temporary signs. In June of 2007, the City Council undertook the discussion related to RV parking and storage. Although most recommendations by the committee were agreed to, the City Council requested additional time to deliberate on the issues of setback parking requirements as well as the topic of allowing parking of visitor RVs on city streets for 14 day periods of time. These issues will be highlighted at Monday's discussion. FISCAL IMPACT There is no fiscal impact as a result of this recommended action. Staff will accumulate the approved changes to the Development Code as the City Council reviews all of the issues through the month of August. At the conclusion of that process, staff will request that the City Attorney codify the changes, at one time, in order to avoid repetitive and costly revisions to the Development Code. It is anticipated that amending the Development Code may incur some nominal administrative costs. 6 v CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY,AUGUST 6,2007—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. - CEREMONIAL Ceremonial The City CoLncll presented Certificates of Recognition to the following Azusa companies, Cert of Rec "Good Corporate Citizens" for being in full compliance with all Sanitation Districts' Industrial- "Good Waste requirements throughout 2006: Raymond Medina of Brother's Plating Brian Pope and Corporate Richmond Tek of Kemac Technology, Inc.and Vicky Dumitrescu of Universal Metal Polishing. Citizens" Other companies recognized but not present were: Cardinal Laboratories, Inc., Northrop Grumman Electronic Systems, Reichhold, Inc., Rick's Radiator, S&S Foods, LLC, Truett Laboratories, Inc., Veolia ES Technical Solutions, and Wynn Oil Company. Councilmember Macias entered the meeting at 6:38 p.m. CLOSED SESSION Closed Sess Mr. Mike Lee addressed Council regarding the Villa Azusa Senior Apartments stating that M. Lee there is need for rent control due to rent increases there and in other places. Comments Mr.Art Morales addressed Council regarding Villa Azusa Senior Apartments and the problem A. Morales with rent increases on Senior Citizens: he expressed his opinion regarding why people raise Comments the rents. He also talked about the Edgewood Shopping Center and problems that are occurring there. The City Council recessed to Closed at 6:51 p.m. to discuss the following: CONFERENCE WITH LABOR NEGOTIATOR(Gov. Code Sec:54957.6) Labor Neg Agency Negotiators: City Manager Delach and Assistant City Manager Person APOA, IBEW& Organizations/Employee: APOA, IBEW,and CAPP CAPP REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop Neg Property Address: 303 E. Foothill Boulevard,Azusa, CA 91702 303 E. Foothill Negotiating Parties: Maria Lopez,Tenant Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov. Code Sec. 54956.9 Conf w/Legal (a)l P. Hoh v. City of Azusa et al. Case No. CV06-3603 MRP(RCx) Cnsl CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to Conf w/Legal litigation and possible initiation of litigation pursuant to Gov. Code sec. 54956.9 (b3A and c) Cnsl One- Two potential cases. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation Conf w/Legal pursuant to Gov. Code Sec. 54956.9 (c) One potential case. Villa Azusa Senior Apartments Cnsl REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.81 Real Prop Neg Property Address: 832 N.Azusa Avenue,Azusa,CA 91702 832 N.Azusa Negotiating Parties: Alexios&Tasha Vagenas Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Property Address: 830 N.Azusa Avenue,Azusa, CA 91702 830 N.Azusa Negotiating Parties: Donna M.Matsen Trust Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: - Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop Neg Property Address: 826 N.Azusa Avenue,Azusa, CA 91702 826 N. Azusa Negotiating Parties: Martin&Teresa Habern Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.81 Real Prop Neg Property Address: 812 N.Azusa Avenue and 801 N.Alameda,Azusa, CA 91702 812 N.Azusa Negotiating Parties: John &Lillian Cortez Trust Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop Neg Property Address: 858 N.Azusa Avenue,Azusa, CA 91702 858 N.Azusa Negotiating Parties: Howard&Janet Choi Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8) Real Prop Neg Property Address: 810 N.Alameda Avenue,Azusa, CA 91702 - 810 N. Negotiating Parties: 810 Alameda, LLC Alameda Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov.Code Seu 54956.81 Real Prop Neg Property Address: 803 N. Dalton Avenue,Azusa, CA 91702 803 N. Dalton Negotiating Parties: Arthur&Anna Ramirez Trust Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop Neg Property Address: APN Number 8608 28 908 Vacant APN 8608 28 Negotiating Parties: L.A. County MTA 908 Vacant Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment The City Council reconvened at 7:35 p.m. City Attorney Carvalho advised that with regard to Reconvene Conference With Legal Counsel - Anticipated Litigation Initiation of Litigation Pursuant to Reports Gov. Code Sec. 54956.9 (c) One Potential Case. Villa Azusa Senior Apartments, It was moved by Mayor Pro-Tem Hanks, seconded by Councilmember Gonzales and unanimously carried to pursue litigation against the owner/operator of the apartments to enforce the Agency's Low and Moderate Income Covenant. 7:30 P.M.-REGULAR MEETING OF THE CITY COUNCIL. Rglr Mtg Mayor Rocha called the meeting to order. Call to Order Ms.Jennie Avila led in the salute to the Flag. - Flag Salute INVOCATION was given by Pastor Dale Winslow of Foothill Community Church Invocation ROLL CALL _ Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO,MACIAS,HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE 08/06/07 PAGE TWO ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Azusa Police Chief Garcia, Director of Public Works/Assistant City Manager Makshanoff, Administrative Services Director-Chief Financial Officer Kreimeier, Director of Utilities Hsu,Assistant Planner Cole, Assistant Director of Utilities Kalscheuer, Economic Development Director Coleman, Assistant Community Development Director Onaga, Rosedale Project Manager Bruckner, Public Information Officer Quiroz, Senior Librarian Shahsavari, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr. Mike Lee addressed Council congratulating Mayor Rocha and his wife Linda, for their 41 M. Lee years of marriage. He expressed thanks to Councilmember Gonzales on the new Veteran's Comments Program, thanked the City for honoring Victoria Phillipson, on the 50'" Anniversary of Employment with Stater Bros. Market, he expressed his opposition to bars in Azusa and possible changes to the Code. He expressed thanks for stop signs in areas needed, for Concerts in the Park, noted the Town Hall meeting with Senator Solis, and asked that all pray for the Troops. - Mr. Art Ramirez addressed Council presented the Azusa Heritage Project DVD and A. Ramirez recognized all people that helped make it. He advised that copies will be given to the Comments Library, Senior Center, AUSD, APU, Citrus College and all people who attended the showing and that the remaining copies will be given to the public; call 334-6040 for further information. He spoke as Chairman of the Azusa Golden Days Committee stating that the theme this year is Canyon City Gold Rush and stated that application are being accepted for Honored Citizen and next year's theme; he welcomed all to meeting being held Wednesday at Memorial park. Mr. Art Morales addressed Council with suggestions for the Armory as follows: educational A Morales tutoring, music appreciation, boxing program, and small exercise pool to be used by Comments everyone, especially the seniors. He asked that the air conditioning in the Library be fixed, congratulated John Dierking and Ralph Rodriguez for running for the Azusa School Board, expressed disappointment that the Planning Commission had a work shop at the Library Auditorium instead of City Auditorium and asked about the status of a rent control report. Reverend Gilbert Becerril announced a Veteran's Memorial Dinner/Fundraiser to be held G. Becerril Saturday, August 11`", and the purpose is to extend the monument in front of City Hall; he Comments displayed photos and described the expansion which will cost$4000; for further information call 969-8260. Mr. Bart Luce addressed Council regarding RV Recommendations, stating that meetings B. Luce were held and open to the public where people had the opportunity the voice comments; he Comments thanked all the Azusa Citizens' Committee For Code Compliance (ACCFCC)members and staff for their help. Ms. Jennifer Dulay of California Conservation Corp addressed Council in favor of CRC, and J. Dulay talked about the opportunities for youth in the community if they Join the CCC and work on Comments the Taylor property. Call 909 5980175 for applications and further Information. City Manager Delach responded to comments made clarifying that a proposal for a business City Mgr in the downtown that has been made by the Step son of Robert Person who has recused Comments himself from the matter which is being handled by Planning staff and it may need a code amendment which will be presented at a full public hearing; further the meeting held to - discuss the concept of businesses in the downtown was a study session to talk about different controls to put in place to protect them from becoming the typical bar. He noted that the business would be like a Pasadena upscale Wine Bistro, and reiterated that there is no staff involvement by anyone related. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Rpts/Updates NOTICE TO THE PUBLIC -City Clerk Mendoza announced the following: City Clerk Announced . NOTICE IS HEREBY GIVEN of City Board and Commission term of office expirations, ending Notice to September 30,2007, for the following: The Public Board 8-Com 2 positions Architectural Barriers Commission 08/06/07 PAGE THREE 2 positions Human Relations Commission 2 positions Library Commission I position Park&Recreation 1 position Personnel Board 1 p6sition Planning Commission Applications are available in the City Clerk's Office and City Manager's Office, 213 East Foothill Boulevard, City Library, 729 N. Dalton Avenue, Light &Water Department, 729 N. Azusa Avenue, Police Department, 725 N. Alameda,Azusa, and at: www.ci.azusa.ca.us, for interested residents. Applications will be accepted through August 30, 2007. For further information please call: (626) 812-5271. Interview date will be discussed at the September 40° City Council meeting. Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously Proc Childhood carried to approve the preparation of a proclamation recognizing Childhood Cancer Cancer Awareness Month in Azusa during the month of September. Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously Cert of Rec carried to approve Certificates of Recognition for Oscar Mendoza and Jajaira Gonzalez, Boxing Champions of the 6i° Annual Desert Showdown World Amateur Boxing Champions; Certificates will be presented at the September 4'"meeting. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Macias and unanimously Proc Irwindale carried to approve the proclamation for the 50th Anniversary of the City of Irwindale. 50t°Anniver. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Gonzales and unanimously Proc 50' carried to approve a proclamation for the 50th Anniversary of Azusa Released Time Christian RTCEA Education Association which will be presented on November 2, 2007 at Azusa Pacific University. Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously Gladstone High carried to approve the request for $100 sponsorship to Gladstone High Link Crew for Link Crew orientation to incoming freshmen students. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Gonzales and unanimously Cert Rec carried to-approve Request for Certificate of Recognition to Ms. Victoria Phillipson, on the V. Phillipson 50`"Anniversary of Employment with Stater Bros. Market on August 7, 2007; certificate will be presented August 8'"at Stater Bros at 9 a.m. Mayor Rocha announced the Foothill Shopping Center Groundbreaking Ceremorry will be Mayor held on Monday,August 27, 2007, at 5:00 p.m. Comment Mr.Albert Lemus and Tom Wolf of Lowe Enterprises provided an update on Block 36. A. Lemus Project Manager Bruckner provided the Rosedale Quarterly Report. R. Bruckner Acting Director of the Azusa Library Shala Shahsavari addressed Council stating that on S.Shahsavari August Ie will be th!end of the Summer Reading Program and there will be a booth where Acting Lib Dir kids can search fossil fish for angular; she invited all to attend. . Comments Director of Public Works Makshanoff provided an update on Street Sweeping Signs, first J.Makshanoff _ stating that he will be tracking street sweeping on Armstead, responding to a concern by a Street Councilmember; from now on there will be once a week street sweeping, signs will be Sweeping installed throughout the City, Athens will do street sweeping the day after trash pickup. He Signs responded to question regarding street sweeping and Councilmembers voiced concern about sweeping both sides of the street on the same day; he advised he would confer with Athens and come back to Council with a plan for review and with other options. Councilmember Gonzales thanked Chamber of Commerce for their mixer at Carvel and Gonzales thanked City Manager for obtaining the new timer to be for the Council Chambers. He Comments introduced his Curbside Dedication Program which will honor Veterans by having an American Flag placed next to the address on their curb at no cost to taxpayer; on August 17, 2007, at-1 1:00 p.m. the first Flag will be placed at the home of Victor Subia as he will be the first Veteran honored. 08/06/07 PAGE FOUR Councilmember Carrillo encouraged and reminded all people about the Concerts In the Parks Carrillo every Thursday in August at Memorial Park: he missed the first one on August 2, as he was Comments installed to the Board of Directors League of California Cities. He also reminded the public that the Council will go dark the rest of August and the next meeting is on Tuesday,. September 4 . City Manager Delach responded to questions of Mayor Rocha regarding the clean up of the City Mgr old gun club stating that it began several month ago, lead and materials need to be removed Response and that Vulcan is overseeing the project; he will ask them about the status. With regard to yard sale enforcement, he stated it will increase due to many residents not following the schedule. Mayor Rocha talked about the City Manager Evaluation held last week noting that a sub Rocha Committee of Councilmembers Carrillo and Gonzales has been formed to come back to Comments Council with recommendations and there will also be a goal setting meeting with the City Manager who was asked to come back with possible dates for that meeting. He made the following announcements: August 9" City Hall on the Move, Saturday August I I" Veteran's Fundraiser at the VFW, Tuesday, August 14`" Library Summer Reading Program Finale "Get A Clue" Carnival, with hot dogs, pop corn and ice cream, etc. and he invited all to come and see the several.displays. He commended Councllmember Carrillo for coming up with the Idea of Cooling Centers In Azusa and he in turn announced that they are at the following locations: Azusa Library, Senior Center, and Memorial Park Gym. Mayor Rocha then reiterated that the Council will go dark the rest of August but reminded all of the Foothill Shopping Center Ground Breaking Ceremony on August 27`". Councilmember Macias reminded all about the Downtown North Advisory Committee on Macias Tuesday, August 7'" at the Light and Water Conference Room, the meeting will include Comments discussion regarding the second phase of the Downtown North; he invited all to attend. He thanked staff for the new microphones noting the clearer communication for viewers at home. SCHEDULED ITEMS Sched Items PUBLIC HEARING — ON REFUSE RATE ADJUSTMENT. Assistant to Director of Utilities Pub Hrg Kalscheuer addressed Council provided a presentation on Refuse Rates detailing the history Refuse Rate stating that in 2002 the City had to divert 50%of waste pursuant to AB 939, and in order to Adjustment meet that goal the City entered into a contract with Athens Services to have them divert 13,000 tons a year through their Materials Recovery Facility (MRF) through their facilities In City of Industry. Every year on October 31"the contract extends one year, the contract is always green and has a term remaining 8 years. In the contract the city is obligated to adjust trash rates, focusing on collection and disposal costs, all the waste generated from residents, commercial and industrial customers goes to the Athens MRF where they are separated. He talked about the green waste collected from residents which goes to the Puente Hills Landfill and used as a daily cover. The disposal costs: MRF rate is made up of 75% of the landfill cost, plus the CPI and non disposal cost, he detailed. Annual Disposal Cost Adjustment which is based on actual costs incurred by Athens, revenue received, and the difference between revenue and cost; he detailed cost components and responded to questions posed by Councilmembers regarding AB 939 fines, comparisons with other cities not using Athens which he said he would furnish; he stated that Athens does not profit from increases, the MRF components of the per ton rate increases by CPI and that the 7% Includes CPI adjustment on the collection cost,the CPI increase on the non-landfill MRF rate and the Trua of deficiency of the past year added to the adjustment. He also responded to question regarding the loss revenue Athens incurred in the past two months. City Attorney Carvalho responded to question regarding off-setting fees and fees collected under the requirements of Proposition 218 and advised against it. The Mayor declared the Hearing open. City Clerk read the affidavit of proof of publication of Hrg Open notice of said Hearing published in the Azusa Herald on June 24, 2007. Mr. Dennis Chapetta of Athens Disposal responded to question regarding average tons per D. Chapetta year of a residential barrel,which he stated is a little over two tons. Comments CityAttorney Carvalho responded to questions explaining the reason the adjustment comes City Attorney to Council every year and Mr. Chapetta detailed the MRF process; Mayor Rocha asked for Response Information regarding tours as he would like to take residents on a tour of the facility and announce the dates available at the September 4`"meeting. 08/06/07 PAGE FIVE - Mr.Art Morales addressed the Hearing asking if residents and landlords are both paying for A.Morales trash pick up for the same bin, he asked for clean replacement bins, suggested the City re- Comments bid the refuse collection contract, asked about limited trash control, and requested a better job of recycling. Mayor Rocha noted that every school in the district has white bins for recycables; the issue is Rocha people who take from the recycling bins. City Manager Delach talked about the advantage Comments of having as many barrels out as you wish. Mr. Dennis Chapetta responded stating that apartment dwellers are charged per unit and D. Chapetta you can obtain a new clean bin by calling the customer service hotline. He stated that it is Comments an eight year rolling contract, debt service on the MRF has been stretched out to twenty years, Puente Hills landfill will be closing In 2013. He talked about the process for collecting refuse in Azusa and input that was received from the public. Mr. Greg Ahern addressed the Hearing stating that he would like to see an extensive G.Ahern evaluation of the process, further that where there are three bins, three trucks, there's more Comments air pollution,and talked about a more environmentally friendly process. Ms.Andrea Cruz addressed the issue stating that she would like to be able to rent a roll off- A. Cruz bin from a company of her choice. She stated that Western in Azusa has a better cost. Comments City Attorney Carvalho responded stating that when the City granted the exclusive franchise City Attorney the city looked at all aspects of the issue, i.e.Athens is providing the City indemnification on Comments AB 939 mandates others don't offer these types of guarantees. Ms. Peggy Martinez addressed the issue stating that the City should review other agencies, P. Martinez she asked how long there is left on the eight year contract, stated the cost of additional bins Comments is high, and asked when the last time fees were raised to Azusa. City Manager Delach explained.the rolling contract stating that each year that the Council City Mgr approves the contract it is for eight years unless Council gives notice that they are going out Response to bid or revoke the contract which gives them time to amortize their equipment and other costs for financing of the MRF. Assistant to Director of Utilities Kalscheuer also responded stating that the contract was C. Kalscheuer approved in October of 2000 and each year the City has an obligation in the contract to Response adjust rates annually which go into effect July 1. - Moved by Councilmember Carrillo, seconded by Mayor Pro-Tem Hanks and unanimously Hrg Closed carried to dose the Public Hearing. Mayor Pro-Tem Hanks expressed his appreciation to Assistant to Director of Utilities Hanks Kalscheuer on the accuracy of his report which he finds breaks down the true costs are Comments justified. - Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, APPROVING THE NINTH Res. 07-C71 AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH ARAKELIAN ENTERPRISES Agmt w/ TO AMEND THE SERVICES RATES AND FEES FOR THE PERIOD OF SEPTEMBER 1, 2007 Arakellan THROUGH JUNE 30, 2008. Moved by Councilmember Carrillo, 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, HANKS, ROCHA NOES: COUNCILMEMBERS: MACIAS ABSENT: COUNCILMEMBERS: NONE PUBLIC HEARING—ON ANNUAL METROPOLITAN TRANSPORTATION AUTHORITY(MTA) Pub Hrg CONGESTION MANAGEMENT PROGRAM (CMP) LOCAL DEVELOPMENT REPORT. CMP Economic Development Director Coleman addressed the Public Hearing stating that the item B. Coleman deals with an annual certification the City is required to make in compliance with the Los Comments Angeles County Congestion Manager Program (CMP) which requires that each City in the County certifies that they have adopted measures to reduce traffic congestion in the region. 08/06/07 PAGE SIX The MTA monitors this annually through a self-certification program. He explained the MTA's system of debits and credits and local government is required to provide for a balance of the debits and credits and that's a pre-condition for the City to receive its Gas Tax, which is $440,000 for the City of Azusa. The City has maintained a positive balance in the program since Its inception. He and City Manager Delach responded to carry-overs on intersection Improvements and synchronization from last year and this year's traffic signal synchronization CIP, stating that the money was not spent and was carried over, but may not be again, due to contract Engineering Services; discussion was held regarding the traffic on Foothill Blvd due to Sierra Madre closure. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of Hrg Open publication of notice of said Hearing published in the Azusa Herald on July 26,2007. Mr. Art Morales questioned the purpose of the purchase of properties on the west side of A. Morales City Hall, noting that they are still vacant and wondered if this was a balance for receiving Comments gas tax. He question how the City can comply with CMP when traffic is getting slower and slower. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo and unanimously Hrg Closed carried to close the Public Hearing. Mayor Pro-Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY OF AZUSA, CALIFORNIA, FINDING THE CITY TO BE IN Res. 07-C72 CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND Adopting CMP ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA Local Dev Rpt GOVERNMENT CODE SECTION 65089. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Macias 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 — ON AN APPEAL BY AJDM CORP. FOR THE DENIAL OF A CAFE Pub Hrg ENTERTAINMENT PERMIT - 975 WEST FOOTHILL BOULEVARD, AZUSA, (D-CLUB). It was Appeal Club consensus of the Councllmembers, at the request of the applicant David Martinez to D Continued continue the appeal of the denial of the Caf6 Entertainment Permit to October 1, 2007. To 10/1/07 PROPOSED CHANGE TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 33RD Proposed YEAR PROGRAM (FY 2007/08)—ECONOMIC DEVELOPMENT LOAN PROGRAM. change to CDBG 33`d Economic Development Director Coleman addressed the issue stating that there are some Year Program additional funding from prior year expired projects and there is a need for them to be reallocated; staff is recommending the reprogramming of $125,000 into the Economic Development Loan Program (EDLP) which focus on encouraging new retail restaurant establishments in the downtown area which are described in the program guidelines, it will create and retain jobs for low and moderate individuals for three years. The adoption of the resolution would approve the CDBG Funding, program and guidelines. He responded to questions posed regarding public input, low and moderate income, filling of positions, repayment of the funding and expired projects.. Mr. Art Morales asked if the funding can be used for free swim and the City Attorney A.Morales responded that It could not as they are not for public service projects. Comments Mr. Jorge Rosales addressed the item suggesting that the funding be used for home rehab J. Rosales program for low income or moderate income residents or silent seconds for home Comments ownerships. Ms. Andrea Cruz addressed the issue with concern that that the developers will be A. Cruz subsidized to pay for their employees. Comment City Manager Delach advised that It will help small businesses, i.e. restaurants, etc. City Manager Question and answer session ensued regarding silent second program, set aside monies, Response impact on downtown businesses,and that it's a pilot program. Question& Answers 08/06/07 PAGE SEVEN The City Council recessed at 10:05 p.m. and reconvened at 10:15 p.m. Recess/Rcvnd ' Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING PROPOSED Res.07-C73 CHANGES TO THE STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND CDBG Change PROJECTED USE OF FUNDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT Appvg PROGRAM FOR FISCAL YEAR 2007-08. Economic Development Moved by Councilmember Carrillo, seconded by Mayor Pro-Tem Hanks to waive further Loan Program reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: CARRILLO, MACIAS, HANKS NOES: COUNCILMEMBERS: GONZALES, ROCHA ABSENT: COUNCILMEMBERS: NONE JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES Jnt Reso AND THE CITY Of AZUSA APPROVING THE NEGOTIATED EXCHANGE OF PROPERTY TAX County/ REVENUE THAT WOULD RESULT FROM THE PROPOSED ANNEXATION OF THE NORTHEAST City CORNER OF AZUSAAVENUE AND ARROW HIGHWAY(ANNEXATION 2005-44). Director of Economic Community Development Coleman addressed the issue stating that B.Coleman the City adopted a similar resolution in June of this year, but was contacted by the County Comments that there was a need to make a change; it was presented for consideration. Councilmember Carrillo offered a Resolution entitled: A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS Res. 07-C74 ANGELES AND THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AND ACCEPTING Joint Reso THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM THE Annex Azusa ANNEXATION OF TERRITORY KNOWN AS ANNEXATION 2005-44 TO THE CITY OF AZUSA, ✓S,Arrow - WITHDRAWAL FROM THE COUNTY PUBLIC LIBRARY AND DETACHMENT OF THE AREA FROM COUNTY ROAD DISTRICT NO. 1. Moved by Councilmember Carrillo, 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 Mayor Rocha asked about the feasibility/possibility of annexing residents in the areas Rocha surrounded by south of the 210, west of Barranca, east of Citrus and north of Gladstone Comments Street, as he has been approached by families in that area who would like to become a part of the City due to lack of services from the County in that area. City Manager Delach responded stating that LAFCO has a process where residents petition City Mgr the County to be Incorporated as residents of Azusa; It will have more impact if annexation is Comments initiated by the residents and staff is in the process of gathering information regarding the process, a map and legal description. He elaborated on other aspects of the possible annexation. IMPLEMENTATION OF RECOMMENDATIONS BY THE AZUSA CITIZENS' COMMITTEE FOR ACCFCC CODE COMPLIANCE (ACCFCC). Recommend. Code Comp. Assistant City Manager Robert Person provided a presentation regarding temporary signs R. Person and RV parking. He stated that the Committee's recommendation is to take the parking of Presentation arty RV back beyond the property line, a zero lot line. With regard to visitors the Committee's recommendation Is to give them 14 day passes and allowing an RV to be tied to an Azusa address; staff thinks this is unmanageable and would be very hard to administer. They would rather have a period of time between Thanksgiving through Martin Luther King Day to suspend enforcement and let visitor park on the streets, not enforcing the three day rule during that time. Councilmember Carrillo stated that he doesn't agree with the zero lot line stating that It's a Carrillo safety issue and will be an obstruction to neighbors and could potential have children or Comments adults getting hit. 08/06/07 PAGE EIGHT Discussion was held regarding the issue. Comments made included that there is Discussion approximately eight feet from the base of the curb to the property line, there may be RV parking obstruction to neighbors coming in and out of driveways due to zero setback; the height of Setbacks RV was mentioned in comparison with fence height limits; there was no action taken on the property line issue. After further comments, Staff was directed to bring back sketches to the September a meeting displaying different sideline views. Discussion was held regarding overnight visitor RV parking, the 72 hour legal parking anytime Discussion during the year, fourteen day parking passes and holiday time parking. After further RV parking discussion the Chief of Police advised that they would use reasonableness when reviewing Time limit RV parking; if it's a clear neighborhood problem, they will enforce it. Moved by Mayor Rocha, seconded by Councilmember Carrillo and unanimously carried to not go with the fourteen day pass or the blockage of time during the holidays. Assistant City Manager Person presented the Temporary Sign Issue stating that the R. Person Committee recommendation wishes to double the amount of days to display temporary Temporary signs from thirty to sixty days, and to take the Initial sixty-days and divide it into two time Sign periods which could be hard for staff to monitor. Staff recommends keeping the thirty day period and doing a better monitoring job. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo and unanimously carried to maintain the thirty day period. Assistant Community Development Director responded to a question regarding exemption of holiday window display. CONSIDERATION OF STAFFING PIAN FOR GRAFFITI ABATEMENT CREW. Graffiti Abatement Director of Public Works/Assistant City Manager Makshanoff presented a proposal to go in- Dir Public house for graffiti abatement. He stated that currently the City is using a contractor at a cost Works of$54,000 per year; he noted that the graffiti has Increased since the use of the contractor Makshanoff and they are requesting an increase from $4,500 per month to $7,000 per month. After looking at options, staff is requesting that the graffiti program be in-house. The request is for the extension of the contract until completion of the recruitment phase of the in-house employees. There is graffiti equipment in-house as well as a van to utilize. The budget will include paint cost and materials. ' Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously In-House carried to approve the proposed staffing plan for an internal graffiti abatement crew and Graffiti Program direct staff to hire appropriate staffing. Further, approval was given to increase the monthly Approved amount paid to Urban Graffiti to be increased from $4,500 per month to $7,000 per month to cover the increase in graffiti vandalism in Azusa. THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED JOINTLY AT 11:06 CRA/Cncl P.M.TO CONDUCT THE FOLLOWING: convene jntly REDEVELOPMENT/DEVELOPMENT—RELATED UTILITY CAPITAL IMPROVEMENTS. CIP Redev a Development City Manager/Executive Director Delach presented items which he stated were not ready at City Mgr/Exec the time Capital Improvement Projects were submitted. He stated they were being refined Dir due to their sensitivity in relation to Redevelopment Projects and asked to amend the CIP to Comments include the projects presented. He responded to questions regarding the support of current of approved developments, and the potential land acquisition—easements. Director of Utilities Hsu addressed the issue stating that potential acquisition of property Is Dir of Util for the underground power line which may have to go under the existing telephone building Comments which is empty now, but the City may have to purchase to put a transformer on the property. He stated that if the design calls for it they will be prepared to deal with it. He responded to question posed stating that reimbursement agreement Is to reimburse the developer who will hiring a contractor to put in a waterline and electrical fine; the waterline is within the shopping center and came from Azusa Valley Water Company; the City has asked them to relocate the line to outside to public right-a-way, which the developer can replace sooner and faster;with three informal bids to make sure the City is paying competitive costs. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo and unanimously CIP Projects carried to approve amendment to the FY 2007/08 Capital Improvement Program budget in Approved the amount of $1,809,700 for redevelopment/development related utility Capital Redev&Dev Improvement Projects. 08/06/07 PAGE NINE THE REDEVELOPMENT AGENCY RECESSED AT 11:14 P.M. AND THE CITY COUNCIL TO CRA recessed CONTINUED. The CONSENT CALENDAR consisting of Items E-1 through E-14 was approved by motion of Consent Cal - Mayor Pro-Tem Hanks,seconded by Councilmember Gonzales and unanimously carried with Items the exception of items E-2, E-3, E-6, E-8, E-10, E-11, E-12, and E-13 which were considered under the Special Call portion of the Agenda. 1. The minutes of the regular meeting of July 16, 2007,were approved as written. Min appvd 2. SPECIAL CALL ITEM. Spec Call 3. SPECIAL CALL ITEM. Spec Call with section 2-518 6 Azusa Purchase ' din procedures were waived in accordance O 4. Formal bidding Informal or alternative purchasing procedure), and section 2-523(d) (no competitive Meters market) under Article VII, Bidding and Contracting, of the Azusa Municipal Code, and McAvoy approval was given for the issuance of a purchase order in an amount not to exceed $18,082.08 to McAvoy & Markham Engineering a Sales Co. of Irvine, CA for the purchase of 288 Itron AMR 30 amp residential watt-hour meters. 5. The City Treasurer's Report as of June 30, 2007,was received and filed. City Treas Rpt 6. SPECIAL CALL ITEM. Spec Call 7. The City Council acts and finds as follows with regard to the acceptance of a portion of Grant Deed the Sierra Madre Ave: 1. That this proposed dedication complies with the General Plan Tract 062150 and is consistent with the approved Specific plan for the Rosedale Development. 2. Rosedale That based on the City Attorney's review of the document, that the grant for a portion of the Sierra Madre Trail is accepted. 3. That the City Clerk Is hereby authorized to sign the acceptance certificate confirming the actions of the City Council to accept the trail dedication. - 8. SPECIAL CALL ITEM. Spec Call 9. Approval was given to purchase four additional internet programmable V-Calm traffic Pur V-Calm signs for school zone use from Fortel Traffic, Inc. and four additional non- Traffic Signs programmable speed units for deployment in non-school zones from DDL Traffic, Inc. Forte[Traffic 10. SPECIAL CALL ITEM. Spec Call 1 1. SPECIAL CALL ITEM. Spec Call 12. SPECIAL CALL ITEM. - Spec Call 13, SPECIAL CALL ITEM. Spec Call 14. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN. Res. 07-C75 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Spec Call Items Councilmember Gonzales addressed Human Resource Action Items recusing himself from Gonzales the vote out of an abundance of caution as members of his family were listed under Merit Abstain Increase. City Attorney Carvalho advised that there was no Conflict of Interest in this case as From HR the employees were employed by the City before Mr. Gonzales became a Councilmember Items and they are not his dependents. - Human Resources Action Items were approved as follows: Merit Increase and/or Regular Human Res. Appointment: B. Hale, M. Guadagnino, T. Patlogar, J. Poulos, E. Street, B. Badoni, X Tones. R. -Action Items Chavez, L. Gonzales, and M. Gonzales. New Appointments: L. Rogers, Account Specialist 11, E. Atencio, Police Officer Lateral, T. Divens, Police Officer Trainee, and T. St. John, Line Mechanic. Flexible Staffing Promotion: D. Ramirez, Senior Office Specialist. Separation: C. Hanson, Director of Human Resources,effective 8/9/07. R. Cortez,Line Mechanic, effective 7/17/07. - 08/06/07 PAGE TEN Councilmember Macias addressed item regarding the blanket purchase orders questioning Macias why there were two separate P.O.'s for Best, Best, and Krieger. City Attorney Carvalho Comments responded stating that there were three separate entities that her office deals with which are Blanket P.O.'s the City, the Redevelopment Agency and the Utilities Department. Administrative Services Director-Chief Financial Officer Kreimeier confirmed that they were listed under different funding sources. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo and unanimously Blanket carried approve the issuance of the blanket purchase orders detailed on the attached Purchase schedule under the provisions of Section 2-523 of the Azusa Municipal Code. Orders appvd Mayor Rocha addressed item regarding the interoperability radio for use by police Rocha department and to be funded by the Edward Byrne justice Assistance Grant asking what the Comments status would be if the grant is not awarded. Chief of Police Garcia responded stating that Police Grant they would not purchase the item, but, that the grant has been approved in the future and also he would work with the City Manager to work out a way to acquire it. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo and unanimously Pur Interoper- carried to approve the purchase of an interoperability radio for use by police department Ability radio Field personnel with the justice Assistance Grant. Grant appvd Councilmember Gonzales addressed the Notice of Completion for City Street Resurfacing Gonzales asking when Vernon south of the 210 will be resurfaced. Director of Public Works Comments Makshanoff responded stating that he will be meeting with the County to see when they will And discussion finish work on Vernon; the resurfacing will be in April of 2008, year five of the Pavement Re: street Management Plan and he detailed the process. He also responded to question regarding resurfacing the change order stating that In areas off of 6'"street and Barbara, there were water projects scheduled and there was a need to stop the project and added costs for materials. City Manager Delach responded to question regarding change order policy explaining what had taken place in this instance but advised that in the future he would come to Council first. Discussion was held regarding the policy on T-cuts stating that San Gabriel Valley Counsel of Governments Public Works Directors Technical Advisory Committee is working with the Utility Companies in the area to come up with a Policy that all cities can adopt with regard to utility cuts in the streets. Additional discussion was held regarding Change Order Policy, City Attorney detailed, it was noted that the City Manager has standing authority up to $75,000. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo and unanimously Notice carried to authorize riling of Notice of Completion for the completion of City street Of Completion resurfacing performed by Copp Contracting, Inc. The final construction cost for concrete Copp repairs, asphalt paving and slurry sealing is $2,259,171.73, including all change orders and Contracting retention. The 10%retention will be payable at the end of a 35 day waiting period following Street resurface approval of the filing of the Notice of Completion. Councilmember Macias addressed item regarding the disposal of surplus vehicles asking that Macias staff look into the feasibility of donating vehicles to organizations like Sister City—Zacatecas Comments Mexico, or to see if there is a need somewhere of the sort. Discussion was held and it was Surplus vehicles consensus to look into the matter but to make sure to indemnify the City of Azusa through the process and make sure not to incur additional costs. Mayor Rocha asked if the report could include mileage and department next time. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo and unanimously Dispose of carried to approve the disposal of sixteen (16) surplus vehicles at public auction in Surplus vehicles accordance with Section 2-525(b) of the Azusa Municipal Code, and proceeds will be added Approved to the equipment replacement fund. Councilmember Macias addressed item regarding the Memorandum of Understanding with Macias, California Resources Connections stating that he is a board member of that entity and out of Gonzales& an abundance of caution he would be abstaining from the Item. Councilmember Gonzales Rocha asked if there was any funding still available from the $50,000 from Vulcan; City Manager Questions re: Delach responded yes and Vulcan preferred the use of their funding which would contribute MOU w/CRC to environmental concerns. Mayor Rocha requested clarification of signature of documents and City Attorney Carvalho responded stating that the Government Codes says that the Mayor shall sign all documents unless by ordinance or by motion of Council to direct someone else to sign. 08/06/07 PAGE ELEVEN Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo and carried to Memorandum authorize the Mayor to sign the Memorandum of Understanding with the California of Understand- Resources Connections, Incorporated, ("CRC"), subject to review and approval by the City ingw/California Attorney's office, and after the CRC has provided the City with a copy of a lease agreement Resources with the Watershed Conservation Authority for the lease of the Taylor Property located at Connections 2330 N. San Gabriel Canyon Road in Azusa; and approve a budget amendment to the City Inc. Appvd Manager's FY2008 operating budget in the amount of $52,500 in order to fund the proposed maintenance improvements and other operating expenses for a limited time period. Councilmember Macias abstaining. Councilmember Macias addressed the Supplemental Retirement Plan for Executive Macias . Management item stating that he wanted to let the public know that this is transparent Comment government. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo and unanimously PARS Exec carried to make the Supplemental PARS Retirement Plan for Executive Management Contract Management Positions available to the public as an actuarlaVfinancial report. Mayor Rocha addressed contract for Engineering Services item noting that there was no Rocha amount for Quantum Consulting and that the services agreement had no information Comments regarding scope of services, schedule of services and compensation listed in the exhibit's. Director of Public Works/Assistant City Manager Makshanoff responded stating that Dir Pub Wks Quantum is currently performing Engineering Services on a part time basis and will be Response matching the prices listed for Transtech which is $95.00 per hours and with regard to the scope of services it would be all encompassing from inspections to traffic engineering, not to exceed$22,000,which would be salary savings, he detailed. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo and carried to Agmt Engr Svs authorize the City Manager to enter into an agreement with Quantum Consulting, Inc. for Approved contract engineering services. Mayor Rocha dissenting. He asked that scope of services, Quantum compensation and schedule be distributed to all Councilmembers as soon as It Is available. Consulting THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 11:45 CRA convene P.M. THE CITY COUNCIL RECONVENED AT 11:46 P.M. Cncl rcnvd THE CITY COUNCIL RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY APFA Convene CONVENED AT 11:46 P.M. THE CITY COUNCIL RECONVENED AT 11:47 P.M. Cncl rcnvd ORDINANCES/SPECIAL RESOLUTIONS Ord/Spec Resos Mayor Rocha offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING Ord 07-010 CHAPTER 46,ARTICLE X OF THE AZUSA MUNICIPAL CODE REGARDING RESTRICTIONS FOR Replica IMITATION FIREARMS (TOY OR REPLICA GUNS) Moved by Mayor Rocha, 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 It was consensus of the Councilmember to direct the Public Information Officers to get out PIO to inform - the Information regarding the ordinance to all ice cream vendors, liquor stores, 99 cent Vendors stores, etc. Discussion was held regarding proposed ordinance regarding the loading and unloading of Dis loading juvenile passengers from motor vehicle, the purpose of the ordinance, the safety of children Unloading being dropped off for school and other alternatives. Passengers Mayor Pro-Tem Hanks offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADDING 1 S0 Rdg Ord SECTION 74-370 (LOADING AND UNLOADING OF JUVENILE PASSENGERS) TO ARTICLE VI Establish OF CHAPTER 74 OF THE CITY OF AZUSA MUNICIPAL CODE IN ORDER TO ESTABLISH Regulations REGULATIONS REGARDING THE LOADING AND UNLOADING OF JUVENILE PASSENGERS Loading& FROM MOTOR VEHICLES. Unloading Juvenile pass. 08/06/07 PAGE TWELVE Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Gonzales and unanimously Ord Introduced carried to waive further reading and introduce the proposed ordinance. Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously Closed Sess carried to recess to Closed Session at 11:54 p.m.to discuss the following: CONFERENCE WITH LABOR NEGOTIATOR(Gov.Code Sec. 54957.61 Labor Neg Agency Negotiators: City Manager Delach and Assistant City Manager Person APOA, IBEW 8. Organizations/Employee: APOA, IBEW,and CAPP CAPP REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop Neg Property Address: 303 E. Foothill Boulevard,Azusa, CA 91702 303 E. Foothill Negotiating Parties: Maria Lopez,Tenant Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov. Code Sec. 54956.9 Conf w/Legal (a)) P. Hoh v. City of Azusa et al. Case No.CV06-3603 MRP(RCx) Cnsl CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to Conf w/Legal litigation and possible initiation of litigation pursuant to Gov. Code sec. 54956.9 (1b3A and c) Cnsl One-Two potential cases. - REAL PROPERTY NEGOTIATIONS(Gov.Code Sec. 54956.81 Real Prop Neg Property Address: 832 N.Azusa Avenue,Azusa, CA 91702 832 N.Azusa Negotiating Parties: Alexios&Tasha Vagenas Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.81 Real Prop Neg Property Address: 830 N.Azusa Avenue,Azusa, CA 91702 830 N.Azusa Negotiating Parties: Donna M.Matsen Trust Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop Neg Property Address: 826 N.Azusa Avenue,Azusa, CA 91702 826 N.Azusa Negotiating Parties: Martin&Teresa Habern Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop Neg Property Address: 812 N.Azusa Avenue and 801 N.Alameda,Azusa, CA 91702 812 N.Azusa Negotiating Parties: John a Ullian Cortez Trust Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terns of payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.81 Real Prop Neg Property Address: 858 N.Azusa Avenue,Azusa, CA 91702 858 N.Azusa Negotiating Parties: Howard&Janet Choi Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.81 Real Prop Neg Property Address: 810 N.Alameda Avenue,Azusa,CA 91702 810 N. Negotiating Parties: 810 Alameda, LLC Alameda Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.81 Real Prop Neg Property Address: _ 803 N. Dalton Avenue,Azusa,CA 91702 803 N. Dalton Negotiating Parties: Arthur&Anna Ramirez Trust Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment 08/06/07 PAGE THIRTEEN REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop Neg j Property Address: APN Number 8608 28 908 Vacant APN 8608 28 Negotiating Parties: L.A. County MTA 908 Vacant Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment The City Council reconvened at 12:46 a.m. There was no reportable action taken in Closed Reconvened Session. No Reports UPCOMING MEETINGS: Upcoming Meetings August 9, 2007,City Hall on the Move—5:30 p.m. (Memorial Park) _ September 4, 2007,City Council Meeting—6:30 p.m. (Auditorium) September 17, 2007, City Council Meeting—6:30 p.m. (Auditorium) September 24, 2007, Utility Board Meeting—6:30 p.m. (Mountain View School) It was consensus of Councilmembers to adjourn Adjourn TIME OF ADJOURNMENT: 12:47 A.M. CITY CLERK NEXT RESOLUTION NO.2007-C76. NEXT ORDINANCE NO.2007-011. 08/06/07 PAGE FOURTEEN 7) **Ago to - U CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER VIA: F.M. DELACH, CITY MANAGER DATE: SEPTEMBER 4, 2007 e 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 August 14 &28, 2007, the Personnel Board confirmed the following Department Head recommendation regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPAR7 NAMEt :CLASSIFICATION = tACT=ION/EFFSDATL !RANGE/STEP , s �, °mayk �d BASE'MO7 SAI:ARY. IT Betty Donnelson Information Technology Analyst Merit Inc 4188/2 7-1-07 $4,541.32 PD Jerry Arnold Police RegAppt. 6501/4 7-1-07 $6,950.06 PW *Donna Abbott Public Works Merit Inc/4 4196/4 2-8-06 $5,348.72 Merit Inc/5 4196/5 2-8-07 $5,606.37 PW Vidal Villagomez Street Maintenance Worker I Merit Inc 4153/4 8-8-07 $3,589.16 B. FLEXIBLE STAFFING PROMOTION: The following Flexible staffing promotional appointments have been requested by department headspursuant to the Rules of the Civil Service S stem. DEPARTMENT NAMECLASSIFICAiION " EFFE_CTIVE - '•.RAN6E/STEP � , a FRUM/i0 DATE BASEMOSALARY : Utilities Mark Bowman From: Water Distribution Worker 7-24-07 5250/4 11 to Water Distribution Worker Ill $4,982.90 C. PROMOTION —The following promotion(s) have been requested by the department head and are being made in accordance with the City of Azusa Rules of the Civil Service System. DE1'ARTMENT4 a'N41NE' j,RRO"MOTION ". . EFFECTIVE iRANGFJSTEP x iFRONVFO ' .* iDRTES- 18A MOYSALARY� Finance Lina Fernandez Administrative Secretary to 9-5-07 4179/5 Executive Assistant to Admin. $4,764.35 Services Depart Police Stephen Spahr, 11 Police Officer Trainee to Police 8-24-07 6101/1 Officer $4;908.94 Utilities Larry Corrales Water Distribution Worker 11 to 9-5-07 5188/1 Water Distribution Equipment $4,239.60 O erator D. RECLASSIFICATION—The following reclassification has been requested by the department head and are being made in accordance with the City of Azusa Rules of the Civil Service S stem, DEhARTMENT� fNAMEI- 'C , j,C_LASSIfICAT10N ayr ?EFFECTIVE RANGkiSTEP a , " �FROM/TO` . :. DATE W ASE INO. SALARY Library Shahla Shahsavari From: Senior librarian to 7-1-07 3348/4 Assistant City Librarian $6,134.50 *Due to a turnover in key supervisors and a desire to do an appraisal for a full year Ms. Abbott's appraisals were delayed, but are now up to date. FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. Salary savings realized from vacant positions are utilized to underfill positions with temporary hires and/or to offset overtime costs. T q�V 16.-D IPA r _ �M TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MARCENE HAMILTON, CITY TREASURER DATE: SEPTEMBER 4, 2007 SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES FOR THE MONTH OF JULY 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 July 2007. BACKGROUND: Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa for the month of JULY 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 rreasury Checking Accounts and Certificates of Deposit July 31, 2007 Held in Wells Fargo Bank 'repared 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 1,402,377.00 4.980% Overland Sweep Account DDA 495-0041244 2,170,454.31 Worker's Compensation Checking 0606-050318 106,886.59 Flexible Reimbursement 0606-055036 18,455.56 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 94,984.50 200,000 11/14/06 3.060% FHLB 3.060 11/14/06 (Matured) 3133X6PD2 0.00 ISO Collateral Account Every 30 300,000 Days 0.050% Certificate of Deposit 300-0311658 . 311,113.28 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 8,745.22 100,000 06/29/09 4.200% Certificate of Deposit - 25467JG21 WFB 25467JG21 100,000.00 TOTALS 6,410,326.52 CITY OF AZUSA TREASURER'S REPORT TREASURY INVESTMENTS JULY 31,2007 Prepared by: Marcene Hamilton,Treasurer Coupon Maturity SettlementMarket Price Broker Face Amount Description Rate Data AccUCuslp No. Date Principal" (Changes Market Value^ Momhly) City of Azusa Investments - AAA Rated Federal Agency Bonds Gifford 2000000.00 FHLMC 4.0500924107 4,050% 0924107 312BX36R9 07/01/05 1999375.00 99.806000 1996120.00 Hi ins 2,000,000.01) FHLB 5.050 10/1 1n007 5.050% 10/11107 3133XF4M5 04/11/06 2,()00,000, 99.938000 1 998 760.00 Gifford 1000000,00 FHLMC 4,37510/1WO7 4.375% 10M8107 3128X4NU1 10118/05 7000000.00 99.790000 997900.00 Gifford 1000000.00 FHLB 4.9001721/07 4.900% 1121107 3133XDTWI 02/02106 998905.00 99.875000 998750.00 Higgins 2,000,000.00 FHLMC 5.050 0222108 5.050% 0222108 312BX4H79 0323/06 1,996300. 99.86700D 1.997.340.00 Gilford 1000000.00 FHLMC 5.30004/11/08 5.300% 04/11/08 3128X4Z61 05102/06 998750.00 99.984000 999840.00 Gifford 2000000.00 IFHLMC 3.6254117MB 3.625% 04/17/08 3128XO4MB 04117/03 199400000 98.898000 1977960.00 Gilford 2,000000.00 FHLB 3.00006/78/083.000% 06118108 31339XJA3 0679/03 200312500 98188000 1963760.00 WFB 2500000.00 FHLB 3.000 D7114MB 3.000% 07/14108 31339Y2X9 07114103 2500000,00 98063000 2451575.00 WFB 5,000,000 OD FHLB 4.0201721/08 4.020% 1121/08 3133MYKVB 05121/03 500000000 98.781000 493905(l.00 WFB 2000000.0[) FHLB 4.30007/14/09 4.300% 07/14109 3133XCDO3 07114105 2000000.00 98.894000 1976880.00 Gilford 2000000.01) FHLB 4.35009/01109 4.350% 09/07/09 3133XBC26 09101/04 200000000 98656000 1973120.00 Gilford 2000000.01) FHLB 4.20012/15/09 4.200% 12/15109 3133X9N48 12115104 2000000.00 98.344000 1966880.00 Gifford 1000,000.00 FHLMC 5.45005/14!10 5.450% 05/14110 3128X55R5 05/14107 100000000 99.803000 998090.00 Hi Ins 2000000.0D FHLB 5.5000526/10 5.500% 0528110 3133XFPV2 05130MB 2000000.00 701.000600 2000000.00 Gilford 2000000.13D FHLB 5.5000625/10 5.500% 0625110 3133XLBS1 07111107 199804000 100.000000 2000000.00 Wachovia 2000000.01) FHLB 5.12501124110 5.125%- 1124110 3133 KVSt 0524107 1995000.00 99.553000 1991260.00 Higgins 2000000.00 FHLMC 5.250224/11 5.250% 0224111 3126X4N56 06/14/06 1982640.00 99.761000 1995220.00 Wachovia 2000000.00 FNMA 5.7500&09/11 5.750% 0&D9111 31359MPBO 06109106 2000000.00 10D.188000 2003760.00 Wachovia 2,000000.00 FHLB 5.25010/14/11 5.250% 10114111 3133XHET5 05109M7 1999600.00 99.500000 1990000.00 HI Ins 1 2000000.00 JFHLB 5.1250 03J30112 5.125% 03/30/12 3133XKD44 03130107 2000000.00 99,219000 1964380.00 Higgins 2,000,000.00 FHLB 5.2500521112 5.250% 0521/12 3133XKWM3 0521107 2,000,000.00 99.594000 1,991,880.00 TOTALS 43,800,000.00 43,465,735.00 43,192,525.00 Light 8 Water Rate Stabliza0on Fund Investments - AAA Rated Federal Agency Bonds WFB 3000000.00 FHLB 3.50002/12/08 3.60% 02112MO 3133X3ND1 02/12/04 3000000.00 99.063000 297189D.00 WFB 3000000.00 FHL84.0010108108 4000% 1068MB 3133X1HZ3 10/0003 3000000.00 98.844000 2965320.00 WFB 3,215,000.00 FHLB 4.15004130/O9 4.150% 04(10/09 3133X6AW6 04/30/04 3,215.000.00 98.625000 3.170,793.75 TOTALS -9,215,000.00 9,215,OOD.00 9,108,003.75 LAW LOCAL AGENCY INVESTMENT FUND 5.230% NIA NIA NIA 5,559,704.79 1 100,00D000 6,559,704.79 WFB THIRD PARTY CUSTODIAL TRUST ACCT 5.050% NIA NIA NIA 1 4,732,580.92 100.000000 4,732,580.92 TOTAL INVESTMENTS IN FEDERAL AGENCIES,LAIF,and WFB INSTITUTIONAL TRUST 62,973,020.71 62,592,814.46 INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From July 1,2007) 305,561.37 'The'Prinapal'column reflects the balance on the Iasi day of the month or the'historical cost'spent to purchase a security. "The"Market Value is the current once at which a security can be hated or sold. Treasurer Reppd-July 2007 &20;2007 7:36 PM CITY OF AZUSA TREASURER'S REPORT OF INTEREST PAYMENTS TREASURY INVESTMENTS Thru July 31, 2007 'repared by: Marcene Hamilton, Treasurer Scheduled Scheduled Interest Coupon Maturity Payment Annual Semi-Annual Received Face Amount Net Amount Rate Date Acct/Cusip No. Schedule Interest Payment Fiscal Year to Earnings Amount Date :ity of Azusa Investments - AAA Rated Federal Agency Bonds 2,000,000.00 2,021,200.00 4.050% 09/24/07 3128X36R9 9/24&3/24 81,000 40,500 2,000,000.00 2,000,000.00 5.050% 10/11/07 3133XF4M5 10/11 &4/11 101,000 50,500 1,000,000.00 1,000,000.00 4.375% 10/18/07 3128X4NU1 10/18&4118 43,750 21,875 1,000,000.00 1,008,568.89 4.900% 11/21/07 3133XDTW1 11/21 & 5/21 49,000 24,500 2,000,000.00 2,004,997.22 5.050% 02/22/08 3128X41-179 8/22&2/22 101,000 50,500 1,000,000.00 1,001,841.67 5.300% 04/11/08 3128X4Z61 10/11 &4/11 53,000 26,500 2,000,000.00 1,994,000.00 3.625% 04/17/08 3128X04M8 10/17&4/18 72,500 36,250 2,000,000.00 2,003,125.00 3.000% 06/18/08 31339XJA3 12/19 & 6/19 60,000 30,000 2,500,000.00 2,500,000.00 3.000% 07/14/08 31339Y2X9 7/14& 1/14 75,000 37,500 37,500.00 5,000,000.00 5,000,000.00 4.020% 11/21/08 3133MYKV8 11/21 & 5/21 201,000 100,500 2,000,000.00 2,000,000.00 4.300% 07/14/09 3133XCDQ3 7/14& 1/14 86,000 43,000 43,000.00 2,000,000.00 2,000,000.00 4.350% 09/01/09 3133X8C26 9/1 &3/1 87,000 43,500 2,000,000.00 2,000,000.00 4.200% 12/15/09 3133X9N48 12/15&6/15 84,000 42,000 1,000,000.00 1,000,000.00 5.450% 05/14/10 3128X55R5 11/14 &5/14 54,500 27,250 2,000,000.00 2,000,000.00 5.500% 05/28/10 3133XFPV2 11/28 &5/28 110,000 55,000 2,000,000.00 2,002,928.89 5.500% 06/25/10 3133XLBS1 12/25&6/25 110,000 55,000 2,000,000.00 1,995,000.00 5.125% 11/24/10 3133XKVSI 11/24 &5/24 102,500 51,250 2,000,000.00 2,014,723.33 5.250% 02/24/11 3128X4N56 8/24&2/24 105,000 52,500 2,000,000.00 2,000,000.00 5.750% 06/09/11 31359MP80 12/9&6/9 115,000 57,500 2,000,000.00 2,006,891.67 5.250% 10/14/11 3133XHET5 10/14 &4/14 105,000 52,500 2,000,000.00 2,000,000.00 5.125% 03/30/12 3133XKD44 9/30&3/30 102,500 51,250 2,000,000.00 2,000,000.00 5.250% 05/21/12 3133XKWM3 11/21 &5/21 105,000 52,500 43,500,000.00 2,003,750 1,001,875 80,500.00 .ight&Water Stablization Fund Investments -AAA Rated Federal Agency Bonds 3,000,000.00 3,000,000.00 3.500% 02/12/08 3133X3ND1 8/12&2/12 105,000.00 52,500.00 3,000,000.00 3,000,000.00 4.000% 10/08/08 3133X1 HZ3 10/8 &4/8 120,000.00 60,000.00 3,215,000.00 3,215,000.00 4.150% 04/30/09 3133X6AW6' 10/30&4/30 133,422.50. 66,711.25 9,215,000.00 358,422.50 0.00 .ocal Agency Investment Fund -Liquid Asset 5,559,704.79 5.230% N/A N/A Quarterly Per Balance and Rate 197,659.89 Veils Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset 4,732,580.92 5.050% N/A N/A Quarterly Per Balance and Rate 27,401.48 TOTAL INTEREST EARNED YTD 305,561.37 Fiscal Year: July 1 -June 30 • {gttrvc �a 11 mm CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT B. GARCIA, CHIEF OF P��Orr��L��IC��E VIA: F.M. DELACH, CITY MANAGER4 WJ DATE: SEPTEMBER 4, 2007 SUBJECT: APPROVE THE POLICE DEPARTMENT'S PURCHASE OF ONE USED UNMARKED SPORT UTILITY VEHICLE FOR THE EMERGENCY SERVICES COORDINATOR FROM ENTERPRISE IN THE AMOUNT OF $22,731.43 RECOMMENDATION It is recommended that the City Council approve the Police Department's purchase of one used, unmarked sport utility vehicle for the Emergency Services Coordinator in the amount of $22,731 .43 (inclusive of tax, title and license fees) from Enterprise Rent-a-Car located in the City of Azusa. BACKGROUND This fiscal year, the Emergency Services Coordinator (ESC) budgeted to replace her 1998 Chevrolet Blazer which has nearly 76,000 miles. However, she needs to replace the vehicle sooner than anticipated since on August 14, 2007, the Blazer became inoperable. After being towed to Economy Auto (authorized police repair shop), we were informed that her vehicle was in need of an engine replacement and was no longer safe to drive. Under City of Azusa Municipal Code (AMC), Section 2-518 (b) — purchases of supplies and equipment between $10,000 and $24,999, the Police Department sought to procure a replacement SUV utilizing authorized informal purchasing procedures. The Police Department conducted `on-line" shopping for a "certified" used 2007 Chevrolet Trailblazer SUV and found the following: 1 1) Enterprise 14,272 miles $20,999 2) Carmax 15,000 miles $27,998 ('06 "SS" model) 3) Autotrader (6) matches —various mileages $24,755 (average price) 4) Kelley Blue Book 14,272 mileage comparison $27,010 (retail value) The Trailblazer was selected since it is the Chevrolet product that replaced the Blazer which has performed well as the ESC vehicle for nearly 10 years. The point of sale for this Enterprise vehicle will be their City of Azusa office and is inclusive of tax, title and license for the following vehicle: ➢ 2007 Chevrolet Trailblazer, VIN I GNDS I 3S972203912 $22,731 .43 This vehicle is still under the manufacturer's warranty and a 12 month/12,000 mile power train (i.e. engine and transmission) warranty from Enterprise. The benefits from purchasing low mileage vehicles from a car rental agency is the ability to see the maintenance records of each vehicle, the warranty and a savings of approximately 30% vs. purchasing new cars. FISCAL IMPACT The purchase of this vehicle from Enterprise in the amount of $22,731 .43 will be funded by General Fund Account No. 46-20-320-000-7135. Prepared by: Captain Sam Gonzalez 2 . - - U - i CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL, FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/CFO VIA: F.M. DELACH, CITY MANAGERJMJ DATE: SEPTEMBER 4, 2007 SUBJECT: RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A PUBLIC AGENCY RETIREMENT SYSTEM (PARS) SUPPLEMENTAL RETIREMENT PLAN FOR CONTRACT EXECUTIVE MANAGEMENT EMPLOYEES TO BE ADMINISTERED BY PHASE II SYSTEMS, PARS TRUST ADMINISTRATOR RECOMMENDATION It is recommended that the City Council adopt Resolution No. authorizing the establishment of a Public Agency Retirement System (PARS) Supplemental Retirement Plan to be administered by Phase 11 Systems, PARS Trust Administrator for all Contract Executive Management positions. BACKGROUND The City Council has approved negotiated contract agreements with executive management employees. Those agreements contained the provision of the Public Agency Retirement System (PARS) supplemental retirement plan as part of their "total compensation." At the August 6, 2007, Council meeting, this item was introduced as an information only item. Two weeks after that public meeting, the Council can formally consider approval of the recommended change. Adopting the attached Resolution, establishes a supplemental retirement plan through PARS for all Contract Executive Management positions. The plan would be effective September 1 , 2007. The plan will adjust the retirement formula to reflect an additional .7% to the current formula of 2.0% per year of service at 55 years of age. This enhancement will provide for a retirement formula of 2.7% per year of service for anyone retiring at 55 years of age or older. All prior years of PERS service will count toward the computation. The City will contribute 4% of eligible salaries toward the cost of this program with employees contributing the remainder which is currently 6.23%. The change is pursuant to the multi-year contract agreements approved earlier this year, 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 the study available for public review. This was done with a copy of the actuarial report on file with the City Clerk since August 6, 2007. The projected actuarial cost of the proposed plan is ten and twenty-three one hundredths percent (10.23%) of covered salaries. Based on the current salaries, the City's cost in FY 2007-08 for this benefit is approximately $38,050. As agreed the employees will pay 6.23% of the cost of this program and the City the additional 4.0%. FISCAL IMPACT The City's cost of the plan for FY 2007-08 is approximately $19,896 from the General Fund and $18,154 from other Special Revenue and Enterprise Funds. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING THE ESTABLISHMENT OF A PUBLIC AGENCY RETIREMENT SYSTEM (PARS) SUPPLEMENTAL RETIREMENT PLAN FOR MISCELLANEOUS EXECUTIVE EMPLOYEES ON CONTRACT TO BE ADMINISTERED BY PHASE 11 SYSTEMS, PARS TRUST ADMINISTRATOR WHEREAS, the City is a member of the Public Agency Retirement System (PARS) for the purpose of providing tax qualified retirement benefits; and WHEREAS, it is to be determined to be in the best interest of the City and its Miscellaneous Executive employees on contracts to provide a Retirement Enhancement Program to eligible employees; and WHEREAS, the PARS Trust has made available a Retirement Enhancement Plan supplementing CalPERS and qualifying under the relevant sections of the Internal Revenue Code and the California Government Code. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa as follows: Section 1 . The City Council, being a member of the PARS Trust, does hereby adopt the PARS Retirement Enhancement Plan (Exhibit A) for Miscellaneous Executive employees on contract, as part of the City Retirement Program, effective September 1 , 2007. Section 2. The City Council hereby appoints the City Manager or his/her successor or his/her designee as the City's Plan Administrator for the Public Agency Retirement System. Section 3. The City's PARS administrator is hereby authorized to execute the PARS legal and administrative service documents on behalf of the City to implement a PARS supplemental plan to CalPERS for Miscellaneous Executive employees on contracts. In addition, if the City's PARS Administrator finds that the PARS supplemental plan benefit must be limited under Section 415 of the Internal Revenue Code, then the Plan Administrator will implement a replacement benefit program at no additional cost to the City. PASSED AND ADOPTED by the City Council of the City of Azusa at a regular meeting held on the 4th day of September, 2007. MAYOR OF THE CITY OF AZUSA I HEREBY CERTIFY that the forgoing Resolution was duly adopted at a regular meeting of said City Council on the 4th day of September 2007, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: CITY CLERIC OF THE CITY OF AZUSA ✓ . U QFg2U gob ".'" v '911PORri�P CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SONIA CARVALHO, CITY ATTORNEY DATE: SEPTEMBER 4, 2007 SUBJECT: SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT RECOMMENDATION: It is recommended that the City Council approve the attached Second Amendment to the City Manager Employment Agreement. BACKGROUND: City Manager Delach's employment agreement provides that the Council shall conduct an annual performance evaluation of the City Manager by March 1 of each year. The City Council met in closed session on July 30, 2007 to discuss the City Manager's performance evaluation. After providing a positive evaluation for Mr. Delach, the Council decided to appoint an ad hoc committee to address amendments to Mr. Delach's employment agreement, as follows: The City Council Ad Hoc Committee is recommending that City Manager Delach receive a five percent (5%) compensation increase retroactive to the contract's evaluation period of March 1. Although City Manager Delach's performance was deemed to be positive and has exceeded the Council's expectations in a number of areas, City Manager Delach has not requested the pay for the option of a performance bonus of ten percent (10%) as provided for in the employment agreement. The Second Amendment further amends the language of Section 4: Fringe Benefits; to reference the Standard Benefits previously adopted for Executive Department Head Contract Employees. The City Council will be establishing the City Manager's work plan for the 2007108 Fiscal Year within the next two months. FISCAL IMPACT:' Sufficient funds have been budgeted within the Fiscal Year 2007-08 Budget. —1— ORANGE\NSTUBB S\3 8632.1 L SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT 1. Parties and Date. THIS SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT (hereinafter "First Amendment") is made and entered into this 4th day of September 2007, by and between the City of Azusa, a California municipal corporation (hereinafter "City"), and Francis M. Delach (hereinafter "Employee"). 2. Recitals. 2.1 City and Employee entered into that certain City Manager Employment Agreement dated May 16, 2005 (hereinafter "Employment Agreement"), whereby Employee agreed to serve as the City Manager for the City, and Executive Director of the Azusa Redevelopment Agency, the Industrial Development Authority, the Azusa Public Financing Authority and other agencies of the City. 2.2 City and Employee now desire to amend the Employment Agreement. 3. Terms. 3.1 Section 2 of the Employment Agreement is hereby amended by restating Section 2.1 as follows: "2.1 Salary: Employee's annual salary, beginning March 1, 2007, shall be One Hundred Ninty Two Thousand Nine Hundred and Forty Dollars ($192,940)." 3.2 Section 4 of the Employment Agreement is hereby amended by restating Section 4 to read as follows: "Section 4: Fringe Benefits. Except as otherwise expressly provided for in this Agreement, the City shall provide to Employee those fringe benefits provided to department head/executive contract employees set forth in the Standard Benefits for Executive Contract Department Heads covering the Executive Management Employees. In addition, Employee shall receive the same PERS and PARS retirement benefits,' health insurance benefits, the same long-term disability insurance benefits and the same life insurance benefit provided to non-sworn Executive Contract Department Heads and any future adjustments thereto. However, Employee shall not receive the following fringe benefits, which are set forth in the Executive Contract Department Head Standard Benefits:. Deferred Compensation, Automobiles, Administrative leave, Sick leave, and Vacation leave nor any benefits related to Education incentive or Longevity pay. RV PUBW STUBBS\38630.1 I ' 4. , Force and Effect. Except as amended by this Second Amendment, all provisions of the Employment Agreement shall remain in full force and effect and shall govern the actions of the City and Employee under this Second Amendment. IN WITNESS WHEREOF, City has caused this Second Amendment to be signed and duly executed on its behalf by its Mayor, and duly attested by its City Clerk, and Employee has signed and executed this Amendment, to be effective as of the day and year first above written. "CITY" CITY AZUSA Mayor ATTEST: City Clerk "EMPLOYEE" APPROVED AS TO FORM FRANCIS M. DELACH BEST BEST & KRIEGER LLP City Attorney Francis M. Delach RVPUBW STUBBS\38630.1 i UyoP�zN e +` m INFORMATION ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ' JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES VIA: F. M. DELACH, CITY MANAGER DATE: SEPTEMBER 4, 2007 SUBJECT: WOMAN'S CLUB REPORT AND CATERING HISTORY The following report details a brief history of the Azusa Woman's Club and the City of Azusa's relationship with the Bashful Butler, LLC as directed by Council on the meeting of July 16, 2007. The Azusa Woman's Club was formally given to the City of Azusa as a gift, in the form of a resolution, at the City Council meeting of February 19, 1980. During the next (18) years, the administration of the Woman's Club facility bounced from department to department. This responsibility was shared by the then Parks and Recreation Department, City Administration, Library and Community Services Department and then again, the Recreation and Family Services Department. On July 19, 1998 the City Council approved an RFP for a contractor to coordinate the activities and rental of the Azusa Woman's Club. The RFP was based on the city's lack of resources and expertise to market, schedule, staff.or maintain the facility. The contractor would in turn pick up all of these aforementioned areas in exchange for the right to exclusively market and cater the facility for all non-city related events (weddings, anniversaries, etc.) The city in return would receive 100% of the facility rental fees for those bookings; while not incurring any of the expenses related with the marketing, scheduling, staffing or maintenance of the facility during those bookings. On January 10, 2000, a contract services agreement was approved by City Council with the Burgundy Rose Social Caterers (AKA The Bashful Butler). The contractor was to book a minimum of 25 Saturday evening events at the Woman's Club, and also allowed for the coordination and calendaring for certain Saturdays for non-profit organizations and periodic city events. The contractor also agreed to provide free catering service for one city sponsored (or staff) event per year. On November 1, 2000 the City Council renewed the agreement, extending it through October 31, 2003 with provisions for the contract to be extended twice for an additional one year term each time. The contract effectively has ceased October 31, 2005, though the relationship has extended through the present. In an effort to maximize the return to the city on any contractual agreement with a caterer, it may be best to issue another RFP for those services at this time. It is important to note however, that the relationship with the current caterer has been exemplary and revenue to the city during their tenure has never been greater. They have provided the following amenities and services at the facility as well during this period: a. Donated curtains and other such decor b. Provided padded and stackable chairs to the facility C. Remodeled storage room into brides room d. Took over all event set-up and custodial responsibilities In addition, please review the following list of some of the advantages to having a designated caterer such as Bashful Butler at the Azusa Woman's Club as assembled by liaison Recreation Superintendent Heath Hamilton and Office Specialist Jennifer Retana who cite, "We have been successful working with Bashful Butler over the years. This relationship has been beneficial to the City, Bashful Butler and the Azusa Woman's Club". List of Advantages • Bashful Butler books between 40 and 50 evening events at the Woman's Club each year, 100% of the rental fee is paid to the City. + Bashful Butler charges $500 per month to clean and maintain the Woman's Club. o The current fee from Comeland Services is $225 per event on a piece meal basis • Bashful Butler staff is available to show the Woman's Club to potential customers in the evening and on the weekends. o Because there are no City staff members assigned to the Woman's Club, showing the building after normal business hours is problematic for City staff. • Bashful Butler staff sets up and takes down for all events as part of the contract agreement o For City staff to set up and take down would involve at least two staff members working for approximately two hours for each set up and take down period at an average of $9.00 per hour: ■ 2 staff members x 4 hours x $9.00 per hour = $72.00. • Bashful Butler has a clear investment interest in the Woman's Club appearance and its functioning at a high level. o Bashful Butler is very conscientious about prompt notification regarding building issues, i.e., appliances, light fixtures and bulbs, air conditioning. o This gives the Facility Maintenance staff time to fix the problems before the next event, limiting after hours callouts of Facility Maintenance and other City staff. would believe that Bashful Butler's investment in the facility and in the city as well (their offices and operation are housed out of 124 E. Santa Fe Ave., Azusa) would make them a player once again in any RFP. 1 do recommend that the City Council continue to work with a selected contractor however, regardless of the selection. The services provided and revenue generated to the city far outweigh the lack of resources and expertise that the city would inherit in reacquiring those responsibilities, in full, once again. Should you have any further questions, please feel free to let me know and 1 will secure any additional information as directed. AGENCY AGENDA ITEM TO: THE HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, EXECUTIVE DIRECTOR/6 DATE: SEPTEMBER 4, 2007 SUBJECT: AMENDMENT NO.1 TO PROFESSIONAL SERVICES CONTRACT WITH TERRY A. HAYES & ASSOCIATES TO INCREASE SERVICES ASSOCIATED WITH THE PROPOSED TARGET STORE ENVIRONMENTAL IMPACT ANALYSIS STUDY TO UNDERTAKE A TRAFFIC STUDY RECOMMENDATION It is recommended that the Agency Board approve Amendment No. 1 to the professional services contract with Terry A. Hayes &Associates (TAHA) to increase services to undertake a traffic study to be prepared by The Mobility Group; increase the contract amount from $90,925.00 to $146,425.00; and authorize the Executive Director to execute the City's standard professional services agreement. BACKGROUND In April 2007 the Redevelopment Agency of the City of Azusa (the Agency) solicited fixed fee proposals to hire a qualified environmental consulting firm for the preparation of an environmental study for the proposed Target Store Redevelopment Project. On July 2, 2007 the Agency Board approved contracting with Terry A. Hayes & Associates (TAHA) in the amount of $90,925.00 to provide services related to the preparation of environmental documentation, including without limitation an initial study and, to the extent required, an addendum; supplement to the environmental impact report, or other environmental study required for compliance with the California Environmental Quality Act ("CEQA Guidelines"). The Target Store Redevelopment Project is 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. As you are aware, Target Corporation entered into a Letter of Intent governing the potential redevelopment of the Site into a Target department store project. The July 2, 2007, staff report indicated to council that staff was soliciting proposals to determine the cost relative to conducting a traffic study for the project. The expectation at that time was to solicit traffic study proposals with the intent to prepare the environmental documents in accordance with CEQA and complete the traffic study in its entirety. Additional services are now required from a qualified traffic study consultant to appropriately complete the environmental documents and traffic study related to the proposed Target Store development. Page 2 of 2 Sept 4, 2007 The Honorable Chairperson and Agency Members Re: Target Store EIR and Traffic Study Analysis Services - Staff solicited 4 proposals for the traffic study services, and received three responses-one from Linscott Law & Greenspan, Engineers for $48,970; The Mobility Group for $55,500; and K2 Traffic Engineers, Inc., for $11,960. The K2 proposal was deemed non-responsive as it did not accurately address the scope of work required for the traffic study. After careful review of the proposals, staff recommends award of the traffic study services to the Mobility Group in the amount of $55,500. The Mobility Group is a well established transportation firm with extensive experience working on various projects for the City of Azusa such as working on the Azusa General Plan, Foothill Center and Azusa Library project. Additionally, Terry Hayes &Associates together with the Mobility Group have worked on many of the projects mentioned above which facilitates a strong partnership to provide a mechanism for better coordination and planning of the project. Therefore, Agency staff now recommends that the Agreement be amended to: (1) expand the scope of services; and (2) include additional compensation not to exceed a new contract amount of $146,425.00. Amendment No. 1 of the contract (see attached) now includes The Mobility Group as a subcontractor on the TAHA team, which will provide additional services including but not limited to transportation, traffic, parking, measuring trip generation totals and a.m./p.m. peal, hours for potential impacts of the project. The revised contract amount will provide funding to continue the CEQA process and incorporate the required traffic analysis for the project. FISCAL IMPACT This project is budgeted in the approved FY 2007/08 operating budget in the Target program budget. Attachments: - TAHA/Mobility Group Proposal Amendment No. 1 CITY OF AZUSA REDEVELOPMENT AGENCY PROFESSIONAL SERVICES AGREEMENT AMENDMENT No.1 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 "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 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 furnish 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 to June 30, 2008 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. RVPUBWGS1544364 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 have the power to act on behalf of the Agency for all purposes under this Contract. Consultant RVPUBWGS'5"364 2 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 harmless,pursuant to the indemnification provisions of this Agreement, from any claim or RVPUBwG%54A364 3 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 Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001); (2)Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); 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. 3.2.10.4 Insurance Endorsements. The insurance policies shall RVPUBWGS1.541364 4 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 famished 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 not 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. 3.2.10.6 Deductibles and Self-Insurance Retentions. Any RVPUBWG5\544364 5 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 AXIII, licensed to do business in California, and satisfactory to the Agency. 3.2.10.8 Verification of Coverage. Consultant shall famish Agency with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory 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 One Hundred Forty-Six Thousand, Four Hundred & Twenty-Five Dollars ($146,425.00)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. RVPUBWGSl544364 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. RVPUBWGS1544364 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 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; 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 non-exclusive and perpetual license for any Documents &Data the subcontractor prepares under this Agreement. Consultant represents and wan-ants 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. RVPU13 NGS"364 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 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 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, 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 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 wrongfiil 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. RVPUBWG5\544364 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. RVPUBWGS044364 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 term 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. RVPUBWG&544364 1 1 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 Forma Best Best& Krieger LLP Agency Attorney RVPUBWG5\544364 12 ExsIBIT "A" SCOPE OF SERVICES To provide environmental documentation services to the Redevelopment Agency of the City of Azusa in accordance with the Califomia Environmental Quality Act(CEQA).Services to include the traffic study for the proposed Target Department Store development. Please see attached proposal from more information RVPUBWGSl544364 A_1 EXHIBIT "B" SCHEDULE OF SERVICES See attached proposal for additional information RVPUBWG31644364 B-1 EXHIBIT "C" COMPENSATION Professional fees for the assignment are based on the current hourly billing rates and direct expenses anticipated at$146,425.00 (see attached table in proposal). See attached proposal for more information RVPUBwcs%544364 C-1 .env ronmentel plenn c r5" August 29,2007 Ms. Sandra Benavides City of Azusa Economic &Community Development Department 213 East Foothill Boulevard Azusa,CA 91702 Re: Revised Proposal and Cost Estimate for the Target Redevelopment Project Environmental Impact Report Dear Ms. Benavides: 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 were revised to include the preparation of an Environmental Impact Report(BIR)in accordance with the California Environmental Quality Act(CEQA). A revised proposal was submitted to the City on June 25,2007 and the contract for the preparation of the EIR was awarded at the City Council hearing on July 2,2007. The proposal presented herein has been revised to include The Mobility Group as a subconsultant on the TAHA Team, which will require an amendment to our current contract. The Mobility Group will be providing expertise in the areas of transportation,traffic,and parking analysis as described in their attached proposal. They are an established transportation firm with extensive experience working on projects in the City of Azusa, as well as surrounding cities. The EIR process for the Project is to be completed by May of 2008, as shown on the attached project schedule. The proposed Target Store Redevelopment Project would result in the development of an approximately 175,000-square-foot retail building,including a stock area,located above one level ofparking 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, Ehvironmental Assessments (EAs), and Environmental Impact Statements(EISs). TAHA's previous experience in the City includes the preparation ._ 4 ,e-. s"5onin:Os piv 1V v.r. 5?U.539.�;Oi .� 37G.834.?JOt rr .. 3 h Ms. Benavides Letter August 29,2007 Page 2 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. TARA'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). 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 original 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.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 t ha 2007-058 Ms.Benavides Letter August 29,2007 Page 3 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.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,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 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.DanielsjoinedTAHAin2005. 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 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 Guzmin,Assistant Planner. Mr.Guzmin 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. paha 2007-05B Ms.Benavides Letter August 29,2007 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, potential aestheticsand visual quality impacts may result. TARA 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 of the 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 Sienificance 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. taha 2007-058 Ms.Benavides Letter August 29,2007 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 generatedby 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 determine if any local oak tree ordinances/guidelines are applicable to 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 and Phase H Environmental Site Assessments(ESAs)provided by the Agency,this section will identify geotechnical constraints and hazards within and adjacent to the Project site,including,active faults,Alquist-PrioloFault Hazard Zones,liquefaction,subsidence,slope stability,100- year flood plains, groundwater levels, earthquake ground motion,and ground surface rapture. Hydrology and Rater Quality. TAHA will utilize the Phase I and H ESAs 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 and II ESAs 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 and II ESAs 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 2007-058 Ms.Benavi des Letter August 29,2007 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. As part of the TAHA Team, The Mobility Group will prepare the traffic and parking impacts report. Traffic and parking mitigation measures will be recommended for potentially significant impacts. TAHA will incorporate the data and results from the traffic and parking impact report 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,TAHA 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. teha 2007-058 Ms.Benavides Letter August 29,2007 r 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 insignificant,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. taha 2007-058 Ms. Benavides Letter August 29,2007 Page 8 Prenaration 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 longerbe 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 circulation- 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,TARA 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. teha 2007-058 Ms.Bepavides Letter August 29,2007 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 Enclosed: Attachment A: The Mobility Group Proposal Attachment B: The Mobility Group Fee Schedule Attachment C: Cost Estimate Attachment D: Schedule taha 20D7-058 Attachment A TARGET REDEVELOPMENT PROJECT IN DOWNTOWN AZUSA Traffic Study—Proposed Scope of Work The Mobility Group August 16, 2007 Proiect Descrintion The proposed Project is bounded by 9'� Street to the north, San Gabriel Avenue to the west, the Metro Gold Line right-of-way to the south, and Azusa Avenue to the east. It is our current understanding that the Project comprises a Target store of about 175,000 sq. ft. in size, with parking at grade below the retail. Parking access will be provided from San Gabriel Avenue and Azusa Avenue. Proiect Approach An EIR will be prepared for the Project. A Traffic Study will need to be prepared to support the EIR and entitlement processing for the Project. The scope of work proposed below is to conduct a traffic study for the Project, based on the understanding defined above. Proposed Scope of Work Task 1. Initial Coordination with City Staff We will attend a start-up meeting with City staff on the Project. We will also meet with City staff separately to confirm the proposed approach and work program, and discuss key project issues. The assumptions identified in this proposal may need to be revised after these discussions,prior to beginning the work program. Task 2. Analyze Project Transportation Characteristics We will estimate and analyze trip generation totals for the proposed project. This will take account of(credit for) the existing retail and service uses on the site, as well as the potential use of transit and walking due to the project's location near downtown and near transit service. We will estimate the likely distribution of Project trips. We will evaluate 1 parking needs for the Project. These evaluations wil be used in the subsequent analysis of Project impacts. Task 3. Idents Existing Transportation Conditions This task will provide the existing conditions baseline for the traffic study analysis. It will be necessary to analyze both a.m. and p.m. peak hours for evaluating potential project impacts. Based on an initial review we propose to analyze the following list of sixteen(16) intersections (see Figure 1): Azusa Avenue& Sierra Madre Avenue Azusa Avenue & 9`h Street Azusa Avenue&Foothill Boulevard Azusa Avenue& 5'h Street Azusa Avenue& I" Street • Azusa Avenue&I-210 Eastbound Off-Ramp San Gabriel Avenue & Sierra Madre Avenue San Gabriel Avenue & 9`h Street San Gabriel Avenue&Foothill Boulevard San Gabriel Avenue& 51 Street Foothill Boulevard&Alameda Avenue Foothill Boulevard&Pasadena Avenue 9th Street&Pasadena Avenue 5`h Street& Alameda Avenue I" Street& Alameda Avenue &I-210 WB Ramps These locations will need to be confirmed by City staff. Any changes may require modification of the study budget. We will use existing traffic counts where available. Otherwise new traffic counts will need to be undertaken to provide updated traffic information. We will document existing traffic conditions, including intersection Level of Service (LOS) in both peak periods. We will also document existing transit service to the site. Task 9. Analyze Future Conditions Without Project We will identify and analyze the future baseline condition without the project (year of project completion— probably 2010) as the basis for impact analysis. This will include relevant cumulative (related) projects in the surrounding area that are already entitled or 2 will be completed in the same timeframe as the subject project. We anticipate the City staff will provide much of the descriptive information on cumulative projects. This task will identify the future baseline traffic levels of service at the study intersections. Task 5. Analyze Future Conditions With Project We will then analyze the future with project conditions — to identify if any potential traffic impacts would occur for the proposed project. This will include a Congestion Management Plan analysis, and an analysis of potential impacts on the mainline freeway system. To the extent that project impacts are identified we will then identify and analyze the effectiveness of potential mitigation measures. Task 6. Review Project Access We will conduct a review of Project access/egress, which will comprise a quantitative analysis of project driveways to determine the traffic operations feasibility of the proposed driveway locations. Task 7. Parking Analysis We will complete an evaluation of parking needs for the project based on City Parking Code requirements for the Downtown, and compare to the proposed project parking supply to determine compliance with the code and to determine if there would be any parking impacts. We will also identify how this Project will relate to the Downtown Azusa Parking Plan. Task 8. Trac Study Report We will complete a report summarizing the traffic and parking analysis, for inclusion in the Draft EIR. The report will document all data inputs and assumptions, methodologies, results and conclusions. It will also include an analysis of up to three Project Alternatives —primarily qualitative,but with an estimate of trip generation for each alternative. We have assumed submittal of one screencheck report and one cycle of revisions to a Final Report that will comprise an appendix to the DEIR. We assume that the EIR consultant will incorporate the key elements of the traffic study into the DEIR document. Task 9. Response to Comments and Final EIR 3 We will provide responses to public comments on the DEIR Traffic Study, and provide assistance in the preparation for the Final EIR and support to the Project approvals process . As the exact level of effort cannot be determined at this time, we have budgeted a total of 32 hours for the purposes of this proposal. Task 10. Meetings and Coordination We have assumed up to six working meetings with City staff and/or the Project Team during the course of the Project, along with attendance at up to five public meetings (one scoping meeting,two meetings on the DEIR and two meetings on the Final EIR). Exclusions The Scope of Work excludes the following items which either are assumed to not be necessary or for which a level of effort cannot be determined at his time. • Concept drawings and feasibility analysis for any potential mitigation measures (work can only be defined when mitigation measures are known). • Parking Variance support(assume none required). • Assistance with project approvals after the traffic study is submitted, and attendance at public hearings — beyond the 32 hours assumed in the Work Program defined above. If necessary these items can be addressed as additional services, in response to specific authorization and direction of the client at that time. Study Budget We estimate the cost of the above Scope of Services will be$46,500 for all labor charges, and up to $9,000 for reimbursable costs including up to $8,000 for traffic counts, for a total cost of$55,500. We propose to proceed on a time and materials basis, with an upset limit. We will bill for actual services rendered according to the Fee Schedule shown in Attachment B. Invoices will be submitted monthly for services provided. Payment will be due and payable within 30 days of the invoice date. Study Schedule 4 We are able to start work on the project by September 1, 2007. We estimate the Screencheck Draft Traffic Study can be completed and submitted within twelve (12) weeks of initiation—assuming timely receipt of all necessary materials and data. 5 L-- , MS IMM J V U41, TL I Cli iI I IF _ a � Legend I IIIff Project Location I Y" I• ® Study Intersection IL_11 I a Figure 1 Project Location and Proposed Intersections for Analysis Target Redevelopment Project -Azusa The Mobility Group g P � Transporlalion Sha1,girsd5o1miom The Mobility Group Transportation Strategies & Solutions Attachment B The Mobility Group Fee Schedule Principal $200/hour Senior Planner/Engineer $115-170/hour Planner/Engineer $75-115/hour Technical/Administrative $35-85/hour Reimbursable charges (all items other than professional labor) will be billed at cost plus 10% handling. Invoices will be sulimitted monthly, and will be due and payable within 30 days. Rates are subject to change. 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W III:z uj Ul 2 K Z < oou U) iz ia w65 iz Im 0 Z F a !t zo O �u < I <1 u 6 A oF:1� CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY,AUGUST 6,2007-11:06 P.M. The Board of Directors of the Redevelopment Agency of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium, 213 E. Foothill Blvd.,Azusa CA. Director Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS, ROCHA ABSENT: DIRECTORS: NONE ALSO PRESENT: - Also Present General Counsel Carvalho,Executive Director Detach,Assistant Executive Director Person,City Department Heads, Secretary Mendoza, Deputy Secretary Toscano. THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED JOINTLY AT 11:06 CRA/Cncl P.M.TO CONDUCT THE FOLLOWING: convene jntly REDEVELOPMENT/DEVELOPMENT-RELATED UTILITY CAPITAL IMPROVEMENTS. CIP Redev IS, Development City Manager/Executive Director Delach presented items which he stated were not ready at the City Mgr/Exec Dir time Capital Improvement Projects were submitted. He stated they were being refined due to Comments their sensitivity In relation to Redevelopment Projects and asked to amend the CIP to include the projects presented. He responded to questions regarding the support of current of approved developments, and the potential land acquisition-easements. Director of Utilities Hsu addressed the issue stating that potential acquisition of property is for Dir of Util the underground power line which may have to go under the existing telephone building which Comments is empty now, but the City may have to purchase to put a transformer on the property. He stated that if the design calls for it they will be prepared to deal with It. He responded to question posed stating that reimbursement agreement is to reimburse the developer who will hiring a contractor to put in a waterline and electrical line;the waterline is within the shopping center and came from Azusa Valley Water Company;the City has asked them to relocate the line to outside to public right-a-way,which the developer can replace sooner and faster;with three informal bids to make sure the City Is paying competitive costs. Moved by Mayor Pro-Tem Hanks, seconded by Councllmember Carrillo and unanimously CIP Projects carried to approve amendment to the FY 2007/08 Capital Improvement Program budget in the Approved amount of$1,809,700 for redevelopment/development related utility Capital Improvement Redev&Dev Projects. THE REDEVELOPMENT AGENCY RECESSED AT 11:14 P.M. AND THE CITY COUNCIL TO CRA recessed CONTINUED. THE REDEVELOPMENT AGENCY RECONVENED AT 11:45 P.M. The CONSENT CALENDAR consisting of items F-1 through F-3,was approved by motion of Consent Cal. Director Carrillo,seconded by Director Gonzales and unanimously carried. Approved I. Minutes of the regular meeting of July 16, 2007,were approved as written. Min approved 2. The Agency Treasurer's Report as of June 30, 2007, 2007 was received and filed. Treas Rpt 3. Two separate Resolutions was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Res. 07-1126 CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY And 07-1127 FUNDS. Warrants SPECIAL CALL ITEMS Special Call None. None. It was consensus of the Redevelopment Agency Boardmembers to adjourn. Adjourn TIME OF ADJOURNMENT: 11:46 P.M. SECRETARY NEXT RESOLUTION NO.07-RZ8 NEXT ORDINANCE NO.07-ROI 08/06/07 PAGE TWO - U_ 9[IfO0.N� AGENCY CONSENT ITEM TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: MARCENE HAMILTON, REDEVELOPMENT AGENCY TREASURER DATE: SEPTEMBER 4, 2007 SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURER'S STATEMENT OF CASH BALANCES FOR THE MONTH OF JULY 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 July 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 July 2007. Agency investments are made in accordance with the Redevelopment Agency Investment Policy approved and adopted with Resolution No. 07-R18 dated June 18, 2007, 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 July, Agency cash and investment balances increased by $10,496,842.59. Cash received during the month totaled $22,081,678.33, and disbursements of $11,584,835.74 were made. The majority of cash receipts and disbursements pertained to the issuance of the new 2007 Tax Allocation Bonds on July 31, 2007, which included a loan repayment to the City for $10.218M. The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and investments of $24,274,416.29, Wells Fargo Bank, the fiscal agent, held $17,042,188.66 on behalf of the Agency. These funds are restricted for payment of debt service on the bonds and special bond-funded projects. The remaining $7,232,227.63 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:RJJ/c CITY OF AZUSA REDEVELOPMENT AGENCY AGENCY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES JULY 2007 Beginning Cash Balance $13,777,573.70 (All Restricted and Unrestricted Accounts & Investments) Receipts (All Sources) 22,081,678.33 Disbursements (11,584,835.74) Ending Cash Balance $24,274,416.29 (All Restricted and Unrestricted Accounts & Investments) Marcene Hamilton,Agency Tr asurer � a �§f / ! \ j . • » / \ \ \ / §§] mow§ &\ k |E _ \ ! �| ( ) ] \ \ \ { § { ) ) : I - - 24 } ! . � ) \ \ 00 /\ \ / \ / 0 } { / ( / § / ) { \ \ \ - ; \ woz \ i : s C'9UFpstP�P mom MW AGENCY ITEM TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS 134 (- FROM: `4CFROM: BRUCE A. COLEMAN, ECONOMIC & COMMUNITY DEVELOPMENT DIRECTOR VIA: F. M. DELACH, EXECUTIVE DIRECTORI�W DATE: SEPTEMBER 4, 2007 SUBJECT: ONE-YEAR EXTENSION OF THE AGREEMENT WITH THE DOWNTOWN AZUSA BUSINESS ASSOCIATION RECOMMENDATION: It is recommended that the Agency Members approve a one-year extension of the Agreement with the Downtown Azusa Business Association and approve the compensation amount of $20,000 for fiscal year 2007/08 to support economic . development through marketing, community promotion, and cultural events. BACKGROUND: The Downtown Azusa Business Association ("DABA") has been an active participant and advocate for business development and community promotion of our historic downtown commercial area and is responsible for working in partnership with the Redevelopment Agency to promote and diversify the economic base of the Downtown. The attached Amendment to the Agreement extends this partnership through June 30, 2008. As part of this agreement with the DABA, they will continue to work to achieve the economic development goals identified in the original agreement dated July 1 , 2006 (attached). The DABA will also be responsible for managing and coordinating the Miss Azusa Scholarship Pageant, Miss Azusa Teen, and the Azusa Mariachi Festival. Page 2 September 4, 2007 Honorable Chairperson and Agency Members Re: One-Year Extension of the Agreement with the Downtown Azusa Business Association FISCAL IMPACT: Funds for the DABA's services in the amount of $20,000 have been budgeted in the Redevelopment Agency's adopted fiscal year 2007-08 operating budget. BAQRJJ/cs Attachments: 1. Original Agreement Dated July 1, 2006 2. Amendment No. 1 to the Agreement 3. DABA 2006/07 Annual Report AGREEMENT FOR BUSINESS DEVELOPMENT AND PROMOTION FOR DOWNTOWN AZUSA THIS AGREEMENT is made by and between the Redevelopment Agency of the City of Azusa (hereinafter "Agency"), and the Downtown Azusa Business Association, a California nonprofit corporation (hereinafter "D.A.B.A.") and is dated and effective as of July 1 , 2006. In consideration of the mutual covenants set forth herein, the parties hereto agree as follows: 1 . RECITALS: This Agreement is made and entered into with respect to the following facts: A. Agency and D.A,B.A. share. common goals for the economic development and promotion of the Downtown Azusa. For the purposes of this Agreement, Downtown Azusa is defined as that area along Azusa Avenue between 1" and 9th Streets, and Foothill Boulevard between Dalton and San Gabriel Avenues; and B. D.A.B.A proposes to provide promotional programs for the development and improvement of businesses, within Downtown Azusa and, desires to carry on the comprehensive programs of business development, promotion and improvement, as contemplated by this Agreement; and 2. SCOPE OF SERVICES: D.A.B.A.agrees to assist the Agency in fulfilling the following goals and further agrees to perform the following special services ("Project") for the Agency in support of goals: a. GOAL I - ORGANIZATION: Building partnerships. 1. Maintain the Downtown Azusa Business Association as non-profit operation. The D.A.B.A. shall function exclusively as a business leaguewithin the meaning of Section 501(c)(6) of the Internal Revenue Code. ii. Maintain office hours in the Downtown area as follows: 1. Operations: Monday and Tuesday 10:00 a.m. to 3:00 p.m. 2. Closed on holidays determined by the Board of Directors. hi. Adhere to the to "California Main Street' program principles Services offered include: 1 . Clinics, Seminars and Workshops; 2. Growing Resources for Revitalization; 3. Attend training seminars - Economic Development/Downtown Revitalization Main Street Seminar. iv. Build and Maintain Membership: 1. Membership recruitment shall take place from the property owners and merchants in Downtown Azusa, organizations, schools, concerned u+wrrzonmw:esroww...cn=euenr_nwonoc 1 , citizens, and other downtown stakeholders; 2. Build partnerships with.members, organizations, and volunteers to achieve a high level of cooperation/collaboration; and 3. Achieve a high standard of diverse groups working together effectively to promote Downtown Azusa. v. Develop a Communications and Public Relations Program vi. Provide fund-raising activities to diversify D.A.B.A's funding sources. b. GOAL II-ECONOMIC RESTRUCTURING: Strengthening existing economic assets while diversifying the Downtown base. 1. Work with the Agency and the Azusa Chamber of Commerce to help improve the Retail/Service mix by expanding existing businesses and recruiting new ones. Attract new business to occupy vacant spaces and increase the competitiveness of the existing merchants. J. Work with the Agency to determine market niches as part of identifying the downtown vision. iii. Conduct research and maintain a reference library: a. Obtain all available Small Business Assistance programs; b. Identify all development fees and requirements necessary by the City of Azusa for potential developers; and c. Maintain list of all available space in the Downtown. iv. Develop a web page to encourage membership opportunities and promote downtown Azusa. v. Support the recruitment of new business and local merchants through the efforts of a quarterly newsletter. vi. Work in partnership with the Small Business Administration, Small Business Development Center and similar organizations, to host small business development workshops for new and existing businesses. vii. Work with the City of Azusa Redevelopment Agency to create a Business Improvement District (BID) to support future programs which are intended to bring potential clients to Downtown Azusa. c. GOAL Ill-PROMOTION: Reestablish Downtown as a compelling place to shop, live, work, and play. I. Develop a special events program to promote community heritage, special holidays, and social events; • UA: ROCKURIIfSPOOMA AGUBE 7 H`P COC 2 ii. Coordinate with the Azusa Chamber of Commerce all ribbon-cutting ceremonies for new businesses in the Downtown; and iii. Develop a promotions program that involves cooperative retail advertisements and image campaigns. d. GOAL IV-DESIGN: Enhancing the visual quality of Downtown. L Assist property owners and tenants so that they may make informed choices about design; ii. Review City codes and ordinances relevant to development and business operations; iii. Encourage property owners and tenants to maintain their properties in a clean and attractive manner; iv. Encourage property owners and tenants to make improvements and keep attractive storefront displays; and v. Develop a library of references and examples of attractive buildings and design elements that can be used to achieve the above. e. OTHER SERVICES: i. The D.A.B.A. shall administer and oversee the Miss Azusa Scholarship Program and the Miss Azusa Teen Program. ii. The D.A.B.A. shall host the annual Mariachi Festival promotingAzusa's strong sense of community and our heritage. The scope of services may be expanded by both parties to include other projects of mutual benefit. Both parties will agree upon funding of such additional services. 3. BUDGET: The D.A.B.A's proposed expenditure budget, for the funds to be received from the Agency will be presented within ninety- (90) days of this agreement. 4. D.A.B.A OPERATIONS: For the purpose of performing the Scope of Services described, the D.A.B.A shall, at a minimum: a. Maintain an office, open to the public; and b. Shall procure such equipment and materials, and enter into such contracts as are necessary. 5. COMPENSATION: For Scope of Services a through e (a-e), the D.A.B.A. will request UNTOM90.11FSfONWn•G11EEI.IEF?iYnsm SOC 3 payments from the Agency for special events and promotional activities not to exceed Twenty Thousand Dollars ($20,000) upon execution of this agreement. 6. TERM OF AGREEMENT: This Agreement shall be in full force and effect from July 1, 2006 to June 30, 2007. Either party may terminate this Agreement for any reason upon giving the other party ninety (90) days written notice. 7. REPORTS: a. The D.A.B.A shall prepare and submit to the Agency an annual financial report within ninety (90) days following the end of the fiscal year. This report shall include financial statements and a fully financial accounting of the use of funds received by the D.A.B.A pursuant to this Agreement and in a form specified by Agency's Director. b. The D.A.B.A. shall present to the Agency, a quarterly report of activities, showing its progress towards accomplishing the goals and projects described in the Scope of Services of this Agreement. The report shall be in a form specified by the Agency's Director. Additionally, the D.A.B.A agrees to provide, upon request, a current list of its members. Agency an/or its independent auditors shall have authority at any reasonable time, as agreed between the Agency and the D.A.B.A, to audit the D.A.B.A records of account with respect to all funds received by the D.A.B.A, from the Agency, under this Agreement. c. Quarterly meetings shall be held to evaluate progress on accomplishing the goals and projects of this Agreement. Attendees shall include: Agency's Director and/or staff designee: D.A.B.A Board members and D.A.B.A Executive Director. S. LIABILITY AND INDEMNIFICATION: a. D.A.B.A shall be liable to Agency for any expenditure of funds contrary to the provisions of this Agreement. b. No member, officer or employee of the D.A.B.A shall be personally liable to the Agency pursuant to the provisions of this Agreement. c. Each party hereby agrees to defend, indemnify and hold the other party its officers, employees and agents, free and harmless from any claim, damage to or destruction of any property arising out of any act of negligence, or failure to act, of either party in the performance of its obligations to the other pursuant to this Agreement. d. Not in derogation of the indemnification obligation pursuant to subparagraph C of this paragraph, D.A.B.A shall during the term of the Agreement, have and maintain in effect, insurance coverage in and file a Certificate of Insurance with the Agency confirming such insurance and naming the City of Azusa and Agency as an additional insured. uxmnoc+mnrtrsroan�.o Zrma.T-NM7 WC 4 9. INDEPENDENT CONTRACTOR: In carrying out the terms of this Agreement, the D.A.B.A shall be an independent contractor performing services for the Agency and shall not be deemed to be an agent, employee or entity of the Agency or the City of Azusa. The D.A.B.A shall be responsible for the payment of wages and benefits to its employees, for withholding taxes from such compensation and for payment of all debts and obligations which it may incur. (SIGNATURES TO FOLLOW ON NEXT PAGE) VM1tMIDC NM1RES10NI6A AGRE U7"Al WC 5 REDEVELOPMENT AGENCY OF THE CITY OF AZUSAlu ) Francis M. Delach, Executive Director Date: 5'-06' DOWNTOWN AZUSA BUSINESS ASSOCIATION Jim Corte resgident Date: /� �'o6 DOWNTOWN AZUSA BUSINESS ASSOCIATION �r.N y�1�iG4(n(� Peg, Martinez, Exep ive Director Date: 9— —✓(�!� ATTEST: n / (��' C<� �Y Vera Mendoza, City Clerk DOMlI NDAUcuSil.:oe WBEDvmooc 6 FIRST AMENDMENT TO AGREEMENT FOR BUSINESS DEVELOPMENT AND PROMOTION FOR DOWNTOWN AZUSA BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND THE DOWNTOWN AZUSA BUSINESS ASSOCIATION ARTICLE 1. PARTIES AND DATE This First Amendment to the Agreement for Business Development and Promotion for Downtown Azusa("Amendment") dated and effective as of the I" day of July 2007, is entered into by and between the Redevelopment Agency of the City of Azusa("Agency") and the Downtown Azusa Business Association("DABA'). ARTICLE 2. RECITALS 2.1 Whereas, the Agency Board approved the Agreement for Business Development and Promotion for Downtown Azusa("Agreement") on August 7, 2006; and 2.2. Whereas the'Agency entered into that certain Agreement dated July 1, 2006, with DABA; and 2.3 Whereas, the term of the Agreement was in effect from July 1, 2006 to June 30, 2007; and 2.4 Whereas, DABA has satisfactorily performed all duties and obligations required by the Agreement; and 2.5 Whereas,pursuant to the Agreement, the compensation from the Agency for special events and promotional activities was not to exceed $20,000. 2.6 Whereas, Agency and DABA now desire to amend the Agreement to extend the term of the agreement by one additional year, to June 30, 2008, and to include additional compensation of$20,000 for said one additional year. ARTICLE 3. TERMS. 3.1 Section 5 of the Agreement is hereby deleted in its entirety and replaced with a new Section 5 to read as follows: 1 115. Compensation. For the services provided pursuant to and as required by Section 2, Scope of Services, the DABA shall receive compensation from the Agency for special events and promotional activities as follows: FY 2006/07: Not to Exceed Twenty Thousand Dollars ($20,000). FY 2007/08: Not to Exceed Twenty Thousand Dollars ($20,000). 3.2 Continuing Effect of Agreement. Except as otherwise set forth in this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment dated July 1, 2007. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate consideration for the performance of the obligations they have undertaken pursuant to this Amendment. 3.4 Counterparts. This Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] 2 REDEVELOPMENT AGENCY DOWNTOWN AZUSA BUSINESS ASSOCIATION OF THE CITY OF AZUSA By: By: F.M. Delach, Executive Director Jim Cortez, President Date: By. Peggy Martinez, Executive Director Date: ATTEST: Agency Secretary Approved as to Form: Agency Counsel 3 i Downtown Azusa Business Association 2006/2007 Annual Reports Downtown Azusa Business Association continues to achieve and strengthen its commitment to revitalize downtown. One of primary goals is to foster and promote private sector development and reinvestment in the downtown area, Over the year we have work diligently with partnerships to established a more enhance appearance and economic viability of the downtown. This has included may grass root efforts by the DABA members, businesses located in downtown, support from partnerships established with, Economic& Community Development Department and the City of Azusa. EVENTS: Military Banner on Azusa Avenue, as become one of our most successful community Program. DABA does not make any money on this program. All monies collected are solely for printing of the banners only (done by sponsorship). Miss Azusa, after Azusa Chamber of Commerce felt that this program did not meet their needs, DABA in 2007 has agreed to take full responsibility of the sixty-year-old program (one of the oldest in the State of California). Also DABA has created alone with this program a second pageant, Miss Azusa Outstanding Teens. Both program are require to be franchised with the Miss California and Miss America Scholarship Programs. It is through the high standard set by the state and national agenda that the Azusa program continued to grow and attract the highest quality of eligible young women of our community. All monies made though this program must be used solely for production, scholarship, state and national fees and all cost to titleholder at sate competition. Mariachi Festival, Downtown Azusa Business Association created this program to help make our self financially self-sufficient; in March of 2007 we celebrated our Seven Annual Mariachi Festival. This program.as turnout be one of biggest community pleaser. We have manage to donate to the after school program Mariachi de Azusa over $14,000.00 over past 6 years, although they did not join us in 2007 we continue to support them with a donation of $500.00 so they can continue their educational opportunities in the cultural arts to broaden their individual development through artistic expression of culture in a positive way. We continue in our consensus building, protect and enhance of downtown, participate economic development initiatives for downtown, help in adding to the city's marketing network,keep businesses and residents informed about "what's happening" in downtown. and will continue to serve on advisory committees that reflect the needs of our downtown. Downtown Azusa Business Association Peggy Martinez, Director )gap U ACTION ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: KERMIT FRANCIS, INTERIM HUMAN RESOURCES DIRECTOR BRUCE COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, EXECUTIVE DIRECTOR DATE: SEPTEMBER 4, 2007 SUBJECT: CLASSIFICATION AND SALARY RANGE ADJUSTMENT- REDEVELOPMENT PROJECT MANAGER; AND RECLASSIFICATION OF SANDRA BENAVIDES FROM ECONOMIC DEVELOPMENT SPECIALIST TO REDEVELOPMENT PROJECT MANAGER RECOMMENDATION It is recommended the Agency Board approve: - The classification specification revision and salary range adjustment for the Redevelopment Project Manager position, retroactive to July 1 , 2007. - The reclassification of staff member Sandra Benavides from the position of Economic Development Specialist to Redevelopment Project Manager effective July 1 , 2007. BACKGROUND Currently the Economic & Community Development Department has one individual assigned to the position of Economic Development Specialist. The Economic Development Specialist (EDS) typically serves as the City's and Downtown Azusa's "ombudsman" and facilitates/liaisons with the business community, develops marketing materials, aids in business retention, and undertakes other economic, development functions. Over time, it has been necessary for the Economic & Community Development Director to assign additional projects to the EDS which are consistent with the position of Redevelopment Project Manager in other cities. This has included working with developers to implement economic development projects on a day-to-day basis, coordinating the preparation of development-related agreements with the City Attorney and developers, coordinating the preparation of bid documents, establishing 1 and maintaining project schedules on current and proposed redevelopment projects, providing for the pro-active management of projects. The reassignment has been necessary in order to meet the aggressive redevelopment goals established by the City Council to revitalize project areas. Due to limited staff resources, the Director is requesting re-establishment of the job classification of Redevelopment Project Manager with recommended updates to the class specification and salary range. As Sandra Benavides has been performing the above duties for well over a year, it is appropriate and fair to reclassify Ms. Benavides from Economic Development Specialist to Redevelopment Project Manager, effective July 1 , 2007, at step 4 of the proposed salary range. The class specification with the proposed changes is attached and the recommended salary range is as follows: Step 1 : $5,828.77 Step 2: $6,121 .29 Step 3: $6,426.17 Step 4: $6,747.53 Step 5: $7,085.37 The Redevelopment Project Manager is an exempt at-will position, with benefits tied to the AMMA MOU. FISCAL IMPACT The fiscal impact from this reclassification is budgeted in the current Redevelopment Department budget for FY 2007/08. Exhibits: Redevelopment Project Manager Class Specification 2 CITY OF AZUSA, REDEVELOPMENT PROJECT MANAGER Date Adopted: 14 02 92 Class Code:2202 CITY OF AZUSA REDEVELOPMENT PROJECT MANAGER DEFINITION Under administrative direction, manages coordinates and supervises, implements-and-eeefe ,at-esd;its redevelopment and economic development projects from conception to completion; advises Agency administrators concerninayproiect planning scheduling parcel and building design implementation strategies contract preparation and supervision; plans and conducts feasibility analysis• responsible for marketing activities and performs related duties as assigned. ESSENTIAL FUNCTIONS These functions may not be present in all positions in this class. When a position is to be filled, the essential functions will be noted in the announcement of position availability. Conducts preliminary negotiations and assists in final negotiations with owners and developers of properties slated for redevelopment. Performs administrative management work in the planning analysis and implementation of specific development projects within the assigned project area or in other project areas as determined by the M naizerEconomic and Community Development Director. Prepares and mon{tersmanzvqes development project schedules and budgets. Coordinates implementation of the project through completion. Monitors and forecasts the fiscal and economic activity impacting the assigned project area(s). Assists in land acquisition and supervises relocation activity as necessary in the implementation of approved proiects. Prepares and coordinates the preparation and/or review of written materials on proiects including but not limited to development agreements leases maps progress reports and Agency agendas Serves as liaison between project team city departments outside public agencies Chamber of Commerce and the community to promote and facilitate planning and execution of development Droiects. Directs reviews and evaluates work of third-party contractors including appraisers market analysts and title companies. May represent and/or assist the G--- - _n.1 F"""""`Economic and Community Development Director in presentations before the Council Boards Commissions, and the public. 1 CITY OF AZUSA, REDEVELOPMENT PROJECT MANAGER Coordinates the development of Ione-range urban design goals, planning obiectives and development standard=_ within assigned proiect area(s). May represent the Gem ._ and E_....,.mleEconomic and Community Development Director in negotiating and conferring with Agency consultants and/or with person(s) involved in project execution. Coordinates economic development activity relative to marketing programs public information, economic data compilation and evaluation, and establishment of programs to meet city obiectives and policies. Coordinates the management of Agency-acquired property. AIS, Feleeatien and site speeffie develepment fHejeets; eeeFdinatesi anel supervises land aeqtji5ideH5, el swith. �.�ay.s a.�aa.�u� plan; uv��u,,,uaa.,u the a.v,,.aa,uv.a,v„ Va .�...�..............F ..�..:....a.. .....��:�1 �JUV�r : related gEwefnmental and non prefit PfegMMS' MARGINAL FUNCTIONS These are position functions which may be changed, deleted or reassigned to accommodate an individual with a disability. 6. e� QUALIFICATIONS GUIDELINES Education and/or Experience Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary for satisfactory job performance. Example combinations include equivalent to a 2 CITY OF AZUSA, REDEVELOPMENT PROJECT MANAGER Biachelor's dDegree from an accredited university/college in public or business administration, urban studies, planning, economics, urban studies real estate or a related field and a minimum of three years in redevelopment or economic development with a governmental agency of eExperience must include jig-management_of redevelopment projects, financial, and economic analysis of redevelopment projects and real estate transactions, and knowledge of tax increment financing. A Master's Degree in a related field is highly desireable Knowledge and Skill Levels Thorough knowledge of federal,-ancl-state and redevelopment laws, regulations, and procedures concerning community redevelopment and economic development projects; financial procedures and regulations pertaining to real estate, loan management, property improvements and project formation analysis; thorough knowledge of practical methodology, techniques and objectives of community redevelopment; basic land economics• ability to analyze economic studies financial statements marketing studies plans and specifications and bid packages Ability to prepare comprehensive analytical reports utilizing modernem economic research methods Effectively coordinate and monitor project planning and implementation and manage the worl< of subordinates. . Ability to communicate clearly and concisely, both orally and in writing; research and prepare complex reports on a variety of redevelopment and economic development projects; establish and maintain effective relationships with the community at large and other public officials; plan, direct, and coordinate redevelopment and n _, a;a economic development activities; represent the City in avariety of meetings; supervise and review the work of subordinate employees and/or consultants; operate programs within allocated amounts; understand, explain and apply policies and procedures;principles and analyze unusual situations and resolve them through application of management practices; deal constructively with conFlict and develop effective resolutions; interpret financial statements and cost accounting reports. Special Reouirements Possession of or ability to obtain a Class C California driver's license and a satisfactory driving record. 3 s �=aFp�z _ .. -c'gJi UFOad�A . AGENCY CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD FROM: BRUCE COLEMAN, ECONOMIC/COMMUNITY DEVELOPMENT DIRECTOR VIA: F. M. DELACH, EXECUTIVE DIRECTORXP DATE: SEPTEMBER 4, 2007 !' SUBJECT: TENANT SETTLEMENT AGREEMENT FOR THE AGENCYACQUIRED PARCEL LOCATED AT 303 E. FOOTHILL BLVD. RECOMMENDATION It is recommended that the Agency Board authorize the Executive Director to execute a settlement agreement and approve an advance relocation benefit payment to Jasmin Flowers located at 303 E. Foothill Blvd. BACKGROUND On March 24, 2003, the City Council approved an Option to Purchase and Purchase and Sale Agreement between the City of Azusa ("Buyer") and Robert and Ina M. Zerbe Trust et al, Melvin and Beverly Piper Trust, and Bonnie Boelens Trust ("Seller") for the acquisition of the property located at 303 E. Foothill Boulevard. On May 22, 2007, the Agency closed escrow and acquired title to the property. The subject property is located within the Dalton Properties Acquisition site and Watt Genton Downtown North Project site. The property consists of a 22,499 sq ft site (APN#8608-029-003), that is improved with a 1,715 sq It single story dry cleaners/flower shop building (Jasmin Flowers). The seller's former tenant/business owner of Jasmin Flowers currently occupies the site. Pursuant to the California Relocation Assistance Law (Government Code, Section 7260), the implementing guidelines (California Code of Regulations, Section 6000) and the Agency's own relocation rules and regulations, the business owner is entitled to the payment of relocation benefits. On April 13, 2007, the Agency's relocation consultants, Overland Pacific &Cutler (OPC), provided the tenant with a notice of eligibility for relocation assistance and benefits as required under the California Relocation Assistance Law. While there is no specific requirement under the California Relocation Law or guidelines mandating that alternate relocation sites be made available to commercial businesses at the time of displacement, Agency staff and relocation consultant OPC have been working to assist in effort to relocate the business. SETTLEMENT AGREEMENT In the past few weeks, Agency staff and relocation consultant OPC have proceeded to negotiate an all- inclusive settlement agreement with the business owner of Jasmin Flowers, for consideration by the The Honorable Chairman and Members of the Agency Board Subject:Jasmin Flower Tenant Settlement Agreement(303 E. Foothill) - September 4, 2007 Page 2 Agency Board. Based upon relocation estimates and upon negotiations between the parties, the parties have agreed to settle all statutory relocation claims, all claims for reestablishment expenses and all compensation for fixtures and equipment connected with the relocation of the business in the amount of $40,000. The attached settlement agreement settles all claims arising out of the Agency's acquisition of the property and represents payment to Jasmin Flowers for all relocation assistance in its entirety. As an act of goodwill toward the business owner, Agency staff is requesting Agency Board approval to issue an advance payment to the business owner in the amount of $15,000 to aid in the relocation process. Additionally, the tenant/business owner agrees to vacate the premises within 30 days of receipt of the advance payment. Further, the tenant/business owner acknowledges that failure to move within the identified 30 days shall result in a penalty against the final payment at$1,000 per day until premises has been satisfactorily vacated. The remainder (final payment) $25,000 will be paid upon the vacation of the premises. FISCAL IMPACT The total cost for the settlement agreement with the identified business is $40,000. The source of funding for the settlement relocation benefit payment is Tax Increment carry over from the 2006-2007 Agency budget. EXHIBIT: Settlement Agreement Prepared by: Sandra Benavides JASMIN FLOWERS RELOCATION SETTLEMENT AGREEMENT This Agreement ("Agreement") is made by and between the Azusa Redevelopment Agency ("Agency"), and Jasmin Flowers ("Tenant"). The Agency and Tenant are hereinafter sometimes referred collectively as the "Parties." RECITALS A. The tenant operates a business commonly known as Jasmin Flowers, and occupies real property and improvements located at 303 E. Foothill Blvd, Azusa, CA 91702 (the"Premises"). B. The Premises is located within a project area and the Agency has acquired the Premises. C. Tenant has been provided with a notice of eligibility for relocation advisory assistance and benefits pursuant to the California Relocation Assistance Law (Government Code, Section 7260), the implementing guidelines (California Code of Regulations, Section 6000) and the Agency's own relocation rules and regulations. D. By virtue of the Agreement, the parties acknowledge their wish and intent to settle all compensation issues related to the purchase, replacement and/or relocation of Tenant-owned Fixtures & Equipment and Tenant-owned personal property. E. Based upon relocation estimates and upon negotiations between the Parties, the Parties hereby agree to settle all statutory relocation claims, all claims for reestablishment expenses and all compensation for fixtures & equipment connected with the relocation of this business for Forty Thousand Dollars ($40,000). NOW, THEREFORE, The Parties hereto agree as follows: 1. Consideration (a) The Agency shall pay to Tenant the sum of Forty Thousand Dollars ($40,000) as total compensation for relocation assistance, and any and all related expenses, as more fully described in paragraph 1(b). (b) Tenant agrees that the payment received pursuant to paragraph 1(a) above represents payment for all relocation assistance in its entirety. Tenant will not make any future claim for any other acquisition or relocation related benefits available to Tenant, including, but not limited to, any loss of business goodwill, compensation for personal property, any leasehold interest in the real property, fixtures and equipment, or damages of any Page 1 of 7 nature and any such claims will be released as set forth in paragraph 3 below. 2. Vacation of Property Tenant hereby agrees to vacate the premises within 30 days of receipt of a Fifteen Thousand Dollars ($15,000) advance payment. The remainder (final payment), Twenty Five Thousand Dollars ($25,000) shall be paid upon vacation of Premises. Tenant further acknowledges that failure to move within the identified 30 days shall result in a penalty against the final payment at One Thousand Dollars ($1,000)per day until Premises have been satisfactorily vacated. Tenant warrants that it is responsible for removing any and all personal property; trade fixtures, furniture and equipment; and improvements pertaining to the realty, that is owned by Tenant from the Property. (a) Tenant hereby transfers any right, title and interest in any property left on-site to the Agency, and warrants all such property to be free and clear from any known liens or encumbrances. The premises are free and clear of any refrigerants or any other toxic or hazardous materials, which shall have been removed and disposed of in accordance with applicable regulations, prior to Tenant's vacation of the Property. 3. Release (a) This Agreement shall serve as a full release and discharge by Tenant, on behalf of itself, its agents, representatives, assigns, trustees, administrators, attorneys, heirs, beneficiaries, and successors in interest, in consideration of the mutual covenants and premises contained herein, of the Agency, the members of the Agency's Board of Directors, the City of Azusa, the members of the Azusa City Council, and of the City's and Agency's officers, accountants, other professionals, agents, representatives, assigns, employees, administrators, trustees, insurers, attorneys, heirs, beneficiaries, and successors in interest (collectively the "Released Parties"), from all rights, claims or cross-claims, demands, actions, or causes of action, including those for damages, compensation, relocation assistance, relocation benefits, punitive damages, interest, costs, attorneys' and appraisal fees, injunctive or declaratory relief, or for relief by way of writ of mandate, or for demands, damages, refunds, debts, liabilities, reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and causes of action of whatever kind, at law or in equity, that Tenant has now or may have against the Agency or the City and any of the Released Parties arising from the facts and circumstances described in this Agreement including but not limited to (1) the acquisition of the Property by the Agency, (2) Tenant's leasehold interest, if any, in the Property (or any portion thereof) or (3) any other right or interest Tenant may have, assert, or claim by reason of the City's or Agency's actions or failure to act, including, but not limited to, any claim to relocation assistance, Page 2 of 7 relocation benefits or compensation for property or loss of goodwill, if applicable, from the Agency or the City. (b) In making this release, Tenant intends to and does release, acquit and discharge the Released Parties, and each of them, from any liability of any nature whatsoever for any claim, injury, damages, or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim might be based, is known or unknown to the party possessing the claim. Tenant expressly acknowledges and waives any and all rights under Section 1542 of the California Civil Code, which Tenant understands provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Tenant acknowledges the foregoing waiver of the provisions of California Civil Code §1542 was separately bargained for and expressly consents that this Agreement shall be given full force and effect in accordance with each and all of its express terms and provisions, including those terms and provisions relating to unknown or unsuspected claims, demands and causes of action, if any, to the same effect as those terms and provisions relating to any other claims, demands and causes of action hereinabove specified. (c) Tenant acknowledges that it may hereafter discover facts or law different from or in addition to those which it now believes to be true with respect to the release of claims. Tenant agrees that the foregoing release shall be and remain effective in all respects notwithstanding such different or additional facts or law or any party's discovery thereof. Tenant shall not be entitled to any relief in connection therewith, including, but not limited to any damages or any right or claim to set aside or rescind this Agreement. (d)• None of the Parties or their respective agents nor any related entities have made any statement or representation to the other regarding any fact relied upon in entering into this Agreement and the Parties, and each of them, expressly do not rely upon any statement, representation or promise of any other party or any party's agent or related entities in executing this Agreement, except as is expressly set forth herein. Each of the Parties has made such investigation of the facts and law pertaining to the subject matter of this Agreement as it deems necessary, and has consulted with legal counsel of its own choosing concerning these matters. (e) Tenant hereby represents and warrants as of the date of this Agreement that (a) to its actual knowledge, no other entity or person has any right, title, or interest whatsoever in the released claims, and (b) that there has been no assignment, transfer, conveyance or other disposition by Tenant Page 3 of 7 of any of the released claims. Tenant acknowledges that the City and Agency have relied and are relying upon such representations and warranties in entering into this Agreement. (f) This Agreement represents a settlement of doubtful and disputed claims between the Parties and does not constitute any admission of liability by either party to the other party to this Agreement. 4. Attornev's Fees In the event of litigation relating to or arising out of this Agreement, the prevailing party shall be entitled to be reimbursed by the losing party for all costs and expenses incurred thereby, including, but not limited to actual attorneys' fees and costs for services rendered to such prevailing party. 5. Indemnity by Tenant Tenant shall indemnify, defend and hold City and/or the Agency and all other Released Parties harmless from and against any claims, damages, demands, liabilities, losses, judgments, expenses and attorneys' fees and/or costs resulting from the falsity of any representation or warranty made by Tenant contained in this Agreement. 6. Entire Aereement This Agreement contains the entire Agreement of the Parties, and supersedes any prior written or oral agreements between them, concerning the subject matter of this Agreement. 7. PartialInvalidity In the event that any term, covenant, condition or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or against public policy, the remaining provisions shall continue in full force and effect. 8. Waiver and/or Modification The provisions of this Agreement may not be waived, altered, amended or repealed, in whole or in part, except upon a written agreement signed by each of the Parties. The waiver by one party of the performance of any provisions of this Agreement shall not invalidate this Agreement, nor shall it be deemed a waiver of any other provision hereof. 9. Headings Page 4 of 7 The headings, subheadings and numbering of the different paragraphs of this Agreement are inserted for convenience and for reference only and shall not be considered for any purpose in construing this Agreement. 10. Governing Law The rights and obligations of the Parties under this Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 11. Successors In Interest Subject to any restrictions against assignment contained herein, and to any legal limitations on the power of the signatories to bind non-signatories to this Agreement, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, executors, estates, heirs, legatees, agents and related entities of each of the Parties. 12. Necessary Acts Each of the Parties agrees to perform such further acts, and execute and deliver such further documents, as may be reasonably necessary to carry out the provisions of this Agreement. 13. Advice of Counsel The Parties, and each of them, acknowledge that in connection with the negotiation and execution of this Agreement, they have each had the opportunity to be represented by independent counsel of their own choosing and the,Parties executed the Agreement after review by such independent counsel; or, if they were not so represented, said non-representation is and was the voluntary, intelligent and informed decision and election of the party not so represented; and, prior to executing the Agreement, each party has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters which are the subject of this Agreement including but not limited to the advisability of entering into this Agreement and the meaning of California Civil Code Section 1542. 14. Authority to Execute This Agreement Each person executing this Agreement on behalf of a party represents that he or she is authorized to execute this Agreement on behalf of that entity and to'bind that entity to the terms of this Agreement. 15. Construction Each party has cooperated in the drafting and preparation of this Agreement. In any construction to be made of this Agreement, or of any of its terms and provisions, the same shall not be construed against any party. Page 5 of 7 16. Counterparts This Agreement may be executed in counterparts, each of which shall be deemed an original and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. 17. Voluntary Agreement The Parties, and each of them, further represent and declare that they have carefully read this Agreement and know the contents thereof, and that they sign the same freely and voluntarily. H. Notices All notices, requests, demands and other communications required or permittei to be given under this Agreement shall be in writing and shall either be delivered personally or be sent by messenger or by regular or certified first class mail, postage prepaid, deposited in the United States mail, and properly addressed to the party at its address set forth below, or at any other address that such party may designate by written notice to the other party: To Agency: (Name) Redevelopment Project Manager (Name) Redevelopment Agency (Address) To Tenant: Maria Lopez Jasmin Flowers 303 E. Foothill Blvd. Azusa, CA 91702 Page 6 of 7 IN WITNESS WHEREOF,the parties to this Agreement have executed this Agreement as of the date first written below. Azusa Redevelopment Agency By: Its: Date: Jasmin Fllowweers �Q Its: �r Date: Page 7 of 7 OVERLAND, PACIFIC & CUTLER, INC. August 28, 2007 CLAIM TRANSMITTAL LETTER +� • - • Sandra Benavides Alfredo Jacquez Downtown Project Manager Overland, Pacific & Cutler, Inc. Azusa Redevelopment Agency 10 Hughes, Suite A-207 213 E Foothill Blvd. Irvine, CA 92618 Azusa, CA 91702 Phone: (949) 951-5263 Fax: (949) 951-6651 LPhone:(626)812-5100 Fax:(626)334-5464 Claimant. Jasmin Flowers Site Address: 303 E. Foothill Blvd., Azusa, CA 91702 File# or Project: AZA-019-00303-001 Rental Assistance X Advance Payment Downpayment Assistance Interim Payment Replacement Housing Final Payment Last Resort Housing ComirientsY x V Residential Moving Expense to* Jasinm FloweYs enteretl inan gall mcluswe se le n tag�eement with the✓izusa� ! Business Moving Expense Redeys7opment{Agency m the amount of, r $40000 0©,Thi traTsrr�ittal represents�krequest�, Business In-Lieu for;an advance�aMeafot$f5,000 DO in orderrto' x assist Jasmin Flowera,:w�th the in�ttal.my oving, X All-Inclusive Settlement expenses Other: Please caihvvhen check is ready; , .,' ��, Jasmin Flowers $15,000.00 WARRANT REGISTER NO. 26 FISCAL YEAR 2006-07 WARRANTS DATED 7/16/07 THROUGH 7/31/07 ' FOR REDEVELOPMENT AGENCY MEETING OF 9-04-07 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 $ 5,972.67 80-125-CBD CAPITAL PROJECTS FUND - 1,836,979.53 80-135-WED CAPITAL PROJECTS FUND 14.920.54 80-185-RANCH CAPITAL PROJECTS FUND 50.00 80-165-618-2005 TAX ALLOCATION BONDS FUND 81-155-TAX INCREMENT SET-ASIDE FUND 2,035.00 82-125-CBD DEBT SERVICE FUND 82-135-WED DEBT SERVICE FUND 82-185-RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $1.859,957.74 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 rIN O 000 W OW W OOO0000001710 MOl Orr O 000 O 000 ((C�� 990 W oW W CM90HCII000TM Tm OLf m O 000 0 000 66 6 66 O OkoN r Orr OdINNMOO 1 +1M(�+1rr-Imm 0r-r loll OOU) ON 01011U rrii H .-i ksl rl ridl NN � �ks 1 -irHi J2 O o 0000000000000 O O ?L-IL O •• •• 0000000000000 m oaoo ti o o o• 0000o o A Ao cq -V Ca o mile R o � oa\muu r;zo 0, a r� H Ln m r, (¢W�: i/ rr rr r r r r r r r rCN r (FyL - W lND NII l\f7 L\!1 l\fllf if d\'l\f1 d\'d\'If II �4d z03 O o L4VU HN U N H Lf) 0 M .. a H lnrnn °n �urrdMnr��nn� rn 0 I N M rrrrrrrdlr��rr rn r H W � rrrrrrrdlrw�rr r �j fH'1 lNDlfi Villi O 6 Ca� a i M O1 w il 0i H 1HH r-lr-IH OOr-1, H C)rJ �o 0000o00a1�o o G)O MMMM MMMMMM M M rl 1010 t0101D 10101D 1010 10 10 O I I 1 1 1 1 1 1 1 1 I I ,� r OOMOOOorI,-lo 0 0 0 0000000000 o O W rmooWrWWWLr1 Ln W Lfl lfl qWI-!)I-f)I-f)N Nrl LLn 0 0 0rI (11 ooU000000o O O N f1\\ lI1 R-r 1711-f)NI-fllll-f)N I-!1LnQ JJ \ l\ \\\\\l\\ \ \ 7 lLn000 0000 OOHOHH 01 01 rH a 0000000 d'm OH00 O\ 01 coMMMM I 01 MMMMMMIOMM M M I 1 1 1 1 1 1 1 1 1 1 1 1 1 I O O 0000 000000000 O O 0 0 0000 000000000 0 O 0 O 0000000000000 0 O r 111 O l(Nf�7ll(Nf�7l Lll(LNf�1l(LNf�7l(LNf�7lL(Nf�7)(Lry�n l(f�])(LNf�]l Ol(Nf�77lf1 L(1 Ln cq 01N 6 o O 0000000000000 O O \ O O 0000000000000 O O 051 W W WW�7W W(aW�WaW WaW(aW�WaW WW WWW co co 7 CG oWxxxxx x x x x x ro Q1 Is 1881 LS Qj Qj�LL Ld LS Qi X11 0101 Ki O p rM-I 0�000����0�00 0 co c0 WWWWWWWWWWWWW r NN 00 000 O 000 O 000 N ONN O O� Odie O 000 LD O ul0 Oulul O 000 O 000 M OMM OOM OMM O 000 M O NO ONN O 000 O 000 M OMM OOHOHI HI O 000 -4 O lD0 ww N NN O 00 M MM Ln LnN NN O 00 d+ .;7,Ln MO) M MM O 00 r-I r-I kD wko AHh OJCO Ln C1C H HH r�i iii ir-I 00 o o b� o 000 �� o ��� o � S -Cli v o o 11 RE R LnH C> LnLn Ln m - �q o U. 0 _ o o . zco HN o0 0 �} O H Q HIMO N O O a n lir-i � M LO HO HO HO d rn H 5 00 N O � NNN � cLn q ��E'-yjy FC-I ONN o O 000 w Q H GQ Q J O aHt O p l x� MCA Ln O Ln �rr]JJ o W� � 12 2� o (mpp 00 0 0 0 W [/� 7 IOIII�fI J)co N m LLr-I (N� �"]o LLLnN m LO Ln �� � w cyl [[�/Q175 y[pJol 1 I 1 1 I 1 1 t`(� U oo Ln 0 o Lnu)o LOl o (3 • W 00 C 0 0 000 0 0 rn d 00 0 0 0 000 O O N HH HI 0 C>00 li H O 0 \ 00 O O 000 O co I O CO(L��NW�SJJ( 07 co co co'(Uy co O co OD cpW L H VVV 00 o� Ln �N w N ���OGGG �p77 r-r -1 Nm '�-L��wi M ro N 1Dw rnN OL-L- O 000 O 000 00(DM000000omoo000000 M _ N MM CIM OVOID 0 000 0 000 O011lrlf MOOLf MOr-OM0111OOMO rl rl Nd' ONN O 000 L� Ol:h OONMNN OLnhNO MInN Ol�00N0 dlI, r10 NN 0 00 0 00 00 rn D mmo ONJ J-M nomc or- N NN N OD co 0 00 hNLnNMOMdINkON rilD ri r-IM�OMN I�j] kr-is l�D -i �Y � r ' ri N10 'O Lail .r{ U 00 O O 0000 000000 000 00000 00 �-, � ,� oo ,�,� •• o �,� o ,�;� 00000000000000000000 00 o o - � 00000000000000000000 A ri mo co pp Oo OOOo oo ❑❑ pp oa HE O (DOO c3 00 N11NOW WN \1OLnLn\ W zco o In Cq HLMn J o0 In coco r-r- o oo��oOOCIO o�oo H 5 00 0 FCI mm �-i Ln 00000000000000000HHH W MM 0 O Ln ri�-Ir-i�-i H r-Ir-ir-Ir-If-I H H H H H rlri rl Q H Q O O ar O o 0 x� I rn Ln Lnlnln ul Lnrnlnln 11.1411110'1 rn 'll'j,wv arn'IV w CwCar'r O M MMM(+1 M MMMM MMMMM rl wwwkDtD O 000 O I i l I - I I I I O1 0 1 1 1 ,Z 0 OMOO M OCDOO O O 0000 O 0000 00000 W Ln LAN 010 O LnO NLS O\N 01NN rl Ln In l41N ri 1'141 11.11.11.Nln wi 0 0000 0800 OOoo0 I Ln Ln Ln Ln Ln Ln 141'1 ullnlnlnvl \\\\ -1 -1 11 -1111-\\ 1 OL- O1 Ln Ln Ln 1110111.61 Ln Ln Ln Ln 0l Ln Ln m Ln Ln Ln ON I MN 01 01 r,,.0,.zv a'61 d'dl N< l A dl I MLn Mm MMMMMMMMM�O MMp 11)MM rnrq MMMM I IOIO w lD 10���lD lO lD lD 1D 1D�1D�OlO ID lD l0�lD 1D I 11 1 I 00 O O 00I 0 0 0 0 0I00 0018880, 1 0 0 0 01 01 8880,0001 0 0 0 0 0000 00000000 00000000 hO o o L(o( 77 n� LLLLyn ���77���771�0�f717 L�0�n711(0(n�771r0n�1r0n�LL0Nfn1001(0f�71L�+Of1110f1(LOf�7l�+�1(�71(0n71(01�71[N�7�ry \•• ��-i ri ri rl rl rl rl rl rlri ri ri���i.-i.-i�riri ri--I�--Ir-I r-i O1 i-7 00 0 O 00C)OC1000000000000000 N C-7 rlH H ri HH H1-Ir-I r-H rl H H H H H rl H H H H HH \ 00 O O 000000 OH0000 000000 00 O i NN co N NNNNNNNNNNNNNNNCONNWN Nrl co 00 �N 0 O p oo O mmrnrnrnrnrnrnrnmrnmrnrnmmrnrnrnrn - H 0 dam' M 00000000000000000 000 �� � 00 � 5 55555555�5555�555555 . \ C). \\ \ 099 . . . \ \ w w Ln Ln° \ g «« Ln Ln OD CD as � 0 \\ . � g § \ ea\ \ >\/w ) ) ( § y\ ) \ / . . /( ) m . \ . o . r \� \ \ \ \ / / \ . R) ) Ln co \/ \ \ \ . 0/ { (/ ) / §p e a m \ P ° » g 0 WARRANT REGISTER NO.02 FISCAL YEAR 2007-08 WARRANTS DATED 7/16/07 THROUGH 7/31/07 FOR REDEVELOPMENT AGENCY MEETING OF 9-04-07 RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as hereinafter set forth: 80-110-REDEVELOPMENT ADMINISTRATION FUND $ 13,643.80 80-125-CBD CAPITAL PROJECTS FUND 50-135-WED CAPITAL PROJECTS FUND 80-185-RANCH CAPITAL PROJECTS FUND 80-165-618-2005 TAX ALLOCATION BONDS FUND 81-155-TAX INCREMENT SET-ASIDE FUND - 293,720.82 82-125-CBD DEBT SERVICE FUND 508,207.57 82-135-WED DEBT SERVICE FUND 278,721.88 82-185-RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $1.094.294.07 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 rIN M 0(")M r-MM O MC'JN'P owko N ONN N ONN O\ 00\01m .,O lD 01O1D M,;I'm O COMMM OWOD OD OO�OJ �O OIOIO W ONCO r oav d+ C;Lf co o1LJ10 ;I,,M*Orn 10 001 Orn 01 0'm O1 Ln 0'M*M, r ohh Ol M MM OLno Ln In f"1NN10 Ln In N NOD m 010\ �D 1010 OJ N NN mmo mm 11 Ln 00 N mm N NN H M H Cd' M M rr iJ O 000 0000 O O O O p p 000 f6 0000 � O � O � O � O � W � �o M II Y r I r Q o 'P,� 0 0co I Ln Ln Ln Ln 0 o ko 04 z�i 0 n F� 0 0 0 0 000 LnLnMM -- - w I O LnLnln rrrr Ln Ln Ln I H Z N 0 N 000 rn N rel Q H qlu o i O cq ol o NJ m r 0 zd 0 04 Wrt \ Ln HMLn NOOCD O O N Q M OOO NrrN H H Ln 3 0 000 root O O O 0 M MMM NMMN M M M M I i I I I I L I I O 000 0000 O O O O O 000 0000 O O O O O 000 0000 O O O O r O 000 0000 O O O O O O 000 0000 O O O O O 000 0000 O O O O O 000 0000 O O 0 0 O 000 0000 O O O O RO 000 0000 O O O O co I co CO CO CD COCOCDCO CD co co co co 0 o� p r �N LL [Nab Ory WW LnLn In Ln MMMM M 10 rl 10 O Ln Ln Ln Ln Ln Ln Ln co 0 Ln NN [- 000 �Dh OMM r-I Or-Ir-1 mW(DHNNM Ohl- or-r- 0 I- OLl m d10 olf m O 000 wmL DMMN�o ONN 000 6 0610 uim oww C6 omco ,�--i1Mo(�ri-i.-ir� 000 0�� 1D LOU) N MM r�-I r�i rel InHMLLn Lf)r-O �kD NN 11N%DlDlD 1D[- 00 Q cq(N � (�OH1 Oo 00 "� riH HH J-) Co 00 0 OOo0000 O ,-••I 00 m O m 0000000O Ip 00 O0000000 (6 A-ri J�-1 �V Q p; 10- 6 EEEEEEE M o Ra �� n M � 11 HHLn 000(DOMM N 0 CC) HL U1 N NN Ln 0000000 EN N41 H HH H OOOOONN Co 00 0 t-rrrroo CA •• H HH 11 0000ort- 00o 0 0000000 H t` rn r 0000000 'n o 00 O 101D1Q%DlD00 a \ \\ \ mmmHHmm 0 00 Ln 000001010 H �NN7 MM M Lnln lnM MLn Ln Q � ri rHl N N vNI r�i r�i rri rri r�-I r�-1 I Q H Q Q V O o O x� C C,H z w a� I \ Ln hM 0 o000000 I N Nl- H mmmmmmm I t` ro 0 mmmmmmm I g N NM M mmmmmmm Olmmm I I I I 1 , 88818 1 1 1 1 1 1 O 00 O O 000000 o 00 0 0000000 �-1 O 00 O 0000000 O O 00 O mmmmmmm MmmryNry Mlmfl(m(��77 '-I ri H ri HH 1-I 0\1 �7 O 00 O 0000000 N C7 0 00 0 riririri HHH \ 0 00 0 NNHNNH" co t co co co co coM00co CO CO CD 01 co oo mom 0. OWN IBM Nrpq � I Q OFG 10 1010 10 NNNNNNN z (� Ln 1010 !` . Lfllfllllln Ln Ln Lf7 a' r1 0 , H co hl-rrf-[-h ORDINANCE NO. 07--- AN 7-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADDING SECTION 74-370 (LOADING AND UNLOADING OF JUVENILE PASSENGERS)TO ARTICLE VI OF CHAPTER 74 OF THE CITY OF AZUSA MUNICIPAL CODE IN ORDER TO ESTABLISH REGULATIONS REGARDING THE LOADING AND UNLOADING OF JUVENILE PASSENGERS FROM MOTOR VEHICLES WHEREAS, the City Council of the City of Azusa wishes to promote safety in the loading and unloading of juvenile passengers into and from motor vehicles; and WHEREAS, the City of Azusa Municipal Code does not currently address this issue in a manner that will allow for efficient and effective traffic enforcement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1: Section 74-370 of Article VII of Chapter 74'of the Azusa Municipal Code is hereby added to read as follows: "CHAPTER 74. TRAFFIC AND VEHICLES. ARTICLE VI. PEDESTRIANS. SECTION 74-370. LOADING AND UNLOADING OF JUVENILE PASSENGERS (a) No operator of a motor vehicle shall stop or park to load or unload juvenile passengers where such loading or unloading is in a location that would cause the juvenile to use any portion of the roadway, including, but not limited to, crossing the street unattended without a crosswalk or signal: (1) Where such loading or unloading is prohibited by signage; (2) In an intersection, commercial driveway, or traffic lane; . (3) In a manner that places passengers in a hazardous situation, including, but not limited to beckoning a juvenile to cross the street other than in a crosswalk. (b) Notwithstanding the above, subsection (a) shall not apply when the operator is directed to stop or park and passengers are directed to load or unload at the direction of a peace officer. (c) As used in this section, "juvenile" means a child seventeen (17)years of age or younger." SECTION 2: If any section,subsection,subdivision,paragraph,sentence,clause or phrase added by this Ordinance, or any part thereof,is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council r CITY OF AZUSA ) I, Vera Mendoza, City Clerk of the City of Azusa hereby certify that the foregoing Ordinance No. 07-_, was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Azusa held on the 6`h day of August 2007, and that thereafter, said ordinance was duly adopted and passed at a regular meeting on the_day of 2007, by the following vote of the Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: /s/Vera Mendoza, City Clerk APPROVED AS TO FORM: /s/ Sonia Carvalho, City Attorney 1/9/. 7 "•a 1- �" •' y��� s ZUS 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 IWO DATE: SEPTEMBER 4, 2007 SUBJECT: A request to the City Council for: 1 . A letter of Public Convenience or Necessity regarding the sale of beer at an existing restaurant, Chica's Place, located at 251 S. Irwindale Avenue, Azusa. Case No: Conditional Use Permit 2001-06 Business Owner: Maria Segura; and 2. The City Council to delegate the responsibility to the Review Authority, to determine in the future, if public convenience or necessity will be served by the issuance of a liquor license from the State Department of Alcoholic Beverage Control (ABC) notwithstanding a determination by the ABC that there is an undue concentration of licenses in the City of Azusa. RECOMMENDATION: Staff recommends that the City Council: 1 . Review and approve the request for a letter of Public Convenience or Necessity; and 2. Delegate the responsibility to the Review Authority(Planning Commission or Zoning Administrator), to determine in the future, if public convenience or necessity will be served by the issuance of a liquor license from the State Department of Alcoholic Beverage Control (ABC) notwithstanding a determination by the ABC that there is an undue concentration of licenses in the City of Azusa. Gam/ 4pai#161 P:\1Planning\Entitlements\4-Cup\2001\C-2001-06 So Irwindale25I Candys\CCStaffReport PC&N Ietter.doc C-2001-06 September 4, 2007 City Council PC&N letter Page 2 of 3 BACKGROUND: On August 29, 2001, the property owner of 251 S. Irwindale Avenue was granted a Conditional Use Permit (CUP 2001-06) by the City to allow the sale of beer at that existing restaurant. A type 40 on-sale beer ABC license was granted by the ABC at that time, based on the approval of the CUP. However, now in 2007, when the new business owner applied to the ABC for a new license to continue the on-site sale of beer in the restaurant, the ABC is requiring the City to also find that the sale of beer at the restaurant will provide a "public convenience or necessity". The ABC has determined, using census tract data, that there is an over-concentration of on-sale licenses in the subject census tract (4044.02). That is, the ratio of on-sale retail licenses to the population in the census tract exceeds the ratio of on-sale retail licenses to the population county-wide. However, the ABC does allow the approval of additional new licenses if the City determines that the public convenience and necessity would be served by additional licenses. In 2001 , when the original CUP was approved, there was no over-concentration of on-sale liquor licenses in that area. Therefore, a determination of public convenience or necessity was not needed or included in the original CUP approval Resolution. Now, however, since the ABC has identified the over-concentration, the City Council is being asked by the new business owner and by the ABC to determine that the public convenience or necessity is served by the issuance of the new beer license. Pursuant to Business and Professions Code section 23958.4.a3.b.2, it is the responsibility of the business owner to show that the public convenience or necessity would be served by the issuance of a license. In this instance the City can determine that the public convenience or necessity would be served by offering the convenience of beer with meals particularly since there are very few, similar establishments within the census tract to provide this service. The new business owner of 251 S. Irwindale, Maria Segura, has submitted the attached information for the City Council's review. To summarize, the business owner feels that the on-site sale of beer in her restaurant would allow her to be competitive with other restaurants in the general area and provide her customers the convenience of beer with their meal. In addition, staff asked the Police Department to review the crime statistics for the area around the subject property, 251 S. Irwindale Avenue. The subject property is located in Reporting District No. 138. According to the Police Department, the crime rate in this area is low and the calls for service at the subject property are rare. ' C-2001-06 September 4, 2007 City Council PC&N letter Page 3 of 3 DISCUSSION: At this time, the Development Code allows the Review Authority, (the Zoning Administrator or the Planning Commission) to approve or deny a Minor Use Permit or Use Permit for alcohol use, with right of appeal to the City Council. It does not explicitly allow the Review Authority to satisfy the "public convenience or necessity" requirement of the Business and Professions Code Section 23958.4.a3.b. This can only be determined by the City Council. However, in March 1995, the Department of Alcoholic Beverage Control notified the City that the City Council may delegate the duties of determining whether or not public convenience or necessity are met to a subordinate agency such as a zoning, planning or law enforcement official if desired. CONCLUSION: Staff is recommending that the City Council designate the Review Authority, which is the Zoning Administrator or the Planning Commission, to satisfy the public convenience or necessity requirement of the Business and Professions Code Section 23958.4.a3.b. ATTACHMENTS: - Business Owner ABC License Application - Public convenience or necessity request and Statement - Draft public convenience or necessity approval letter - March 8, 1995 Dept of ABC memo - Draft Resolution to Designate the Review Authority Department of Alcoholic Beverage Conti State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) 454373 Number:r: TO: Department of Alcoholic Beverage Control File Receipt Number: 1616026 222 E. Huntington Dr. Geographical Code: 1904 Ste. Copies Ma} �I arrycet 07 Monrovia, CA 91016 Issued Date: (626)256-3241 10111 MAY 29 A 49 DISTRICT SERVING LOCATION: MONROVIA First Owner: SEGURA MARIA PILAR Name of Business: CHICAS PLACE Location of Business: 251 S IRWINDALE AVE AZUSA, CA 91702-3247 County: LOS ANGELES Is premise inside city limits? Yes Census Tract 4044.02 Mailing Address: SAME AS PREMISES (If different from premises address) Type of license(s): 40 Transferor's license/name: / Dropping Partner: Yes No XXX License Type Transaction Type Fee Type Master Dup Date Fee 40 ON-SALE BEER ORIGINAL FEES NA Y 0 05/25/07 $200.00 40 ON-SALE BEER ANNUAL FEE NA Y 0 05/25/07 $226.00 40 ON-SALE BEER STATE FINGERPRINTS NA N 2 05/25/07 $78.00 Total $504.00 Have you ever been convicted of a felony? N o Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an atta h ent which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of LOS ANGELES Date: May 25, 2007 Under penalty of perjury, each person whose signature appears below, certifies and says: (I) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) Applicant Signatur (s) SEGURA MAMA PILAR 47,fi V—f)(. (-- - Ar c ) bacntAL Attention: City Council Chica's Place is a Deli&Mexican Restaurant. The hours off operation are Monday through Friday 6:00 am-4:00pm and Saturday from 6:00am—2:00pm. Also 60%of the customers are truck drivers;they find that Motor Ave is a great street for them to park. The restaurant is walking distance for a lot of the customers, since it is located in the middle of the industrial commercial warehouses. There is another deli just 3 miles down,but their prices are very costly. My prices are very economical for some workers. Sin ere y, • d&efc- , Ak ‘) 21 , Maria Segura Chica's Place 251 S. Irwindale Ave Azusa, CA 91702 s -y/•1v9 1 Th4i i i �S r� feci off(*z") f� ' J Q s— a � ob -wrvil_k__-) r,29--1/ / wI ' V C rif(y/ L ?V &b,a-V .5—)F yp • 12 / - 1,?4-121/1 /.h E/-,A E's' (' ) 472h, 2-7 •sTh /sr - s-,y-?497/ 9/0- / C?e p :°try PsP1) • °F �� U3 Y 1/F() • AZIISA The Canyon City—Gateway to the American Dream September 4, 2007 Kim Wachowski, Case Investigator Department of Alcoholic Beverage Control 3204 N. Rosemead Boulevard, #103 El Monte CA 91731 Dear Ms. Wachowski: The City of Azusa has determined that the public convenience or necessity will be served by the issuance of a type 40 on-sale beer license to Maria Segura, Chica's Place, 251 S. Irwindale Avenue. There is an existing, valid Conditional Use Permit, CUP-2001-06, for a type 40 on-sale beer license, for this location. Please contact Susan Cole of the Economic and Community Development Department (626-812-5226) if you have any further questions on this matter. Sincerely, F. Delach City Manager cc: Maria Segura, Chica's Place, 251 S. Irwindale Avenue, Azusa, 91702 C-2001-06 file Ly � ' r C TE OF CAL.IFORN[A—BUSINESS.TRANSPORTATION AND HOUSING AGENCY PETE WILSON.Governor DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 7 fs 3810 ROSIN COURT, SUITE 150,SACRAMENTO.CA 95834 P.1^ (916)263-6900 C* x March 8, 1995 PlEseei to. ILJ DEP evELop To: County Board of Supervisors en ),or E.Nr ' ENr City Councils Mayors During the 1994 Legislative Session amendments and additions were made to certain provisions of the Business and Professions Code relating to alcoholic beverage licensing which affect the local governing bodies of cities and counties. Section 23958.4 was added to the Business and Professions Code to define "undue concentration" of licenses and to establish the procedure for determining if public convenience and necessity will warrant the issuance of a license notwithstanding a determination that there is an undue concentration of licenses. A copy of the chaptered Assembly bill creating Section 23958.4 is enclosed. With respect to non-retail licenses, bona fide public eating place licenses, certain hotel, motel, or specified lodging establishments and retail licenses issued in conjunction with a beer manufacturing or winegrower's license, if the applicant shows that public convenience or necessity would be served, a license may be issued by the Department. In this situation the local governing body does not make a determination of public convenience and necessity. However, nothing would preclude a city or county from protesting the issuance of a license on these grounds or any other grounds. With respect to all other retail licenses, most notably all off-sale beer and wine • licenses, off-sale general licenses, and all other on-sale licenses, the determination of whether or not public convenience and necessity is met will be determined by the local governing body of the appropriate city or county. In other words, if there is an undue concentration of licenses in the area of a proposed licensed premises and the local governing body determines that issuance of the license would meet public convenience and necessity standards, the Department of Alcoholic Beverage Control will be bound by that determination and the license could be issued, assuming other factors, such as the personal qualification of the applicant, citizen protests and other non-public convenience and necessity factors do not preclude the issuance of the license. On the other hand, if the local governing body determines that public convenience and necessity would not be served, that determination by itself would preclude the issuance of the license by the Department. The Department is asking that all determinations of satisfying public convenience and necessity be in writing and submitted to the local office of the Department. As the local governing body you may elect to delegate the duties of determining whether or not public convenience and necessity are met to a subordinate agency such as a zoning, planning, or law enforcement official if desired. If this is your decision please submit a written notice of such delegation to the Department's Headquarters address within 30 days of the date of this notice. If such a delegation is not made within that period we will assume that the local governing body itself will be making these determinations Please send all notifications of delegation of these duties to: Department of Alcoholic Beverage Control Office of the Director 3810 Rosin Court, Suite 150 Sacramento, CA 95834 We appreciate your cooperation in these matters and we feel that the changes in the law as outlined above will serve to give local officials the ability to better deal with alcoholic beverage licensing issues. Sincerely, enton P. Byers Chief Counsel Assembly Bill No. 2897 CHAPTER 630 An act to amend Section 23958 of, and to add Section 23958.4 to, the Business and Professions Code, relating to alcoholic beverages. [Approved by Governor September 19, 1994. Filed with Secretary of State September 20, 1994.] LEGISLATIVE COUNSEL'S DIGEST AB 2897, Caldera. Alcoholic beverages: retail licenses: undue concentration. Existing law provides that the Department of Alcoholic Beverage Control may deny an application for a license if the issuance would, among other things, result in or add to an undue concentration of licenses, and the applicant fails to show that public convenience or necessity would be served by the issuance. Existing regulatory law defines "undue concentration" with regard to applications for on-sale and off-sale retail licenses. This bill would instead require the Department of Alcoholic Beverage Control to deny an application if issuance would tend to create a law enforcement problem, or would result in or add to an undue concentration of licenses. The bill would change the definition of undue concentration, and would provide that, notwithstanding the requirement that the department deny an application that would result in or add to an undue concentration of licenses, a license may be issued with respect to a nonretail license, a retail on-sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public • convenience or necessity would be served by the issuance, and with respect to any other license, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance. The people of the State Of California do enact as follows: SECTION 1. Section 23958 of the Business and Professions Code is amended to read: 23958. Upon receipt of an application for a license or for a transfer of a license and the applicable fee, the department shall make a thorough investigation to determine whether the applicant and the premises for which a license is applied qualify for a license and whether the provisions of this division have been complied with, and shall investigate all matters connected therewith which may affect the public welfare and morals. The department shall deny an 94 110 Ch. 630 —2— application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qualify for a license under this division. The department further shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4. SEC. 2. Section 23958.4 is added to the Business and Professions Code, to read: 23958.4. (a) For purposes of Section 23958, "undue concentration" means the applicant premises for an original or premises-to-premises transfer of any retail license are located in an area where any of the following conditions exist: (1) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c), than the average number of reported crimes as determined from ail crime reporting districts within the jurisdiction of the local law enforcement agency. (2) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. (3) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located. (b) Notwithstanding Section 23958, the department may issue a license as follows: (1) With respect to a nonretail license, a retail on-sale bona fide eating place license,a retail license issued for a hotel,motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance. (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located determines thatpublic convenience or necessity would be served by the issuance. (c) For purposes of this section, the following definitions shall apply: (1) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county), that are identified by the local law enforcement agency in the, compilation and maintenance of statistical information on reported crimes and arrests. 94 140 _3— Ch. 630 (2) "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. (3) "Population within the census tract or census division"means the population as determined by the most recent United States decennial or special census. The population determination shall not operate to prevent an applicant from establishing that an increase of resident population has occurred within the census tract or census division. (4) "Population in the county" shall be determined by the annual population estimate for California counties published by the Population Research Unit of the Department of Finance. (5) "Retail licenses" shall include the following: (A) Off-sale retail licenses: Type 20 (off-sale beer and wine) and Type 21 (off-sale general). (B) On-sale retail licenses: All retail on-sale licenses, except Type 43 (on-sale beer and wine for train),Type 44 (on-sale beer and wine for fishing party boat), Type 45 (on-sale beer and wine for boat), Type 46 (on-sale beer and wine for airplane), Type 53 (on-sale general for train and sleeping car), Type 54 (on-sale general for boat), Type 55 (on-sale general for airplane), Type 56 (on-sale general for vessels of more than 1,000 tons burden), and Type 62 (on-sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tons displacement). (6) A"premises to premises transfer" refers to each license being separate and distinct and transferable upon approval of the department. (d) For purposes of this section, the number of retail licenses in the county shall be determined by the most recent yearly retail license count published by the department in its Procedure Manual. (e) The enactment of this section shall not affect any existing rights of any holder of a retail license issued prior to April 29, 1992, whose premises were destroyed or rendered unusable as a result of the civil disturbances occurring in Los Angeles from April 29 to May 2, 1992, to reopen and operate those licensed premises. (f) This section shall not apply where the premises have been licensed and operated with the same type license within 90 days of the application. 0 94 160 • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DELEGATING TO THE REVIEW AUTHORITY THE RESPONSIBILITY TO DETERMINE IF PUBLIC CONVENIENCE OR NECESSITY WILL WARRANT THE ISSUANCE OF A LIQUOR LICENSE NOTWITHSTANDING A DETERMINATION BY THE STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL THAT THERE IS AN UNDUE CONCENTRATION OF LICENSES. WHEREAS, Section 23958.4 of the Business and Professions Code has defined "undue concentration"of licenses and has established the procedure for determining if public convenience or necessity will warrant the issuance of a license notwithstanding a determination that there is an undue concentration of licenses; and WHEREAS, Section 23958.4 of the Business and Professions Code states that,with respect to certain retail licenses,the determination of whether or not public convenience or necessity is met will be determined by the local governing body of the appropriate city or county; and WHEREAS, the State Department of Alcoholic Beverage Control has also determined that the local governing body may elect to delegate the duties of determining whether or not public convenience or necessity are met to a subordinate agency such as a zoning, planning or law enforcement official if desired; and WHEREAS, the City Council of the City of Azusa has held a public meeting on September 4, 2007,with respect to the matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That the City Council shall delegate the responsibility to determine whether or not public convenience or necessity are met to the Review Authority as identified in the Development Code Section 88.51.040. SECTION 2: The City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 4th day of September, 2007. JOSEPH ROCHA, MAYOR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of Resolution No. September 4, 2007 Public Convenience or Necessity Page 2 of 2 the City of Azusa at a regular meeting thereof, held on the 4th day of September, 2007 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Vera Mendoza, City Clerk APPROVED AS TO FORM: City Attorney 4 AgiA 1t/FOR'` AZUSA The Canyon City—Gateway to the American Dream FRAN DETACH,City Manager ADMINISTRATION OFFICE 213 E.Foothill Blvd.,Azusa California 91702 (626)812-5238 Fax(626)334-6358 fdelach@ci.azusa.ca.us September 5, 2007 Kim Wachowski, Case Investigator Department of Alcoholic Beverage Control 3204 N. Rosemead Boulevard, #103 El Monte CA 91731 Dear Ms. Wachowski: The City of Azusa has determined that the public convenience or necessity will be served by the issuance of a type 40 on-sale beer license to Maria Segura, Chica's Place, 251 S. Irwindale Avenue. There is an existing, valid Conditional Use Permit, CUP-2001-06, for a type 40 on-sale beer license, for this location. Please contact Susan Cole of the Economic and Community Development Department (626-812-5226) if you have any further questions on this matter. Sincerely, °11 — F. Delach City Manager cc: Maria Segura, Chica's Place, 251 S. Irwindale Avenue, Azusa, 91702 C-2001-06 file 6f) 7.V COUNTY OF Los ANGELESco / Public Healthi,ro ,Ali ` tea X %FoaMr JONATHAN E.FIELDING,M.D.,M.P.H. AZUSA CITY CLERK Director and Health Officer BOARD OF SUPERVISORS SEP 2001 A N 0 Gloria Molina JOHN F.SCHUNHOFF,Ph.D. 25U' 3E First District Chief Deputy Director Yvonne B.Burke Second District Environmental Health Zev Yarosiaysky TERRANCE POWELL,R.E.H.S. Third District Acting Director of Environmental Health Don Knabe 5050 Commerce Drive Fourth District Baldwin Park,CA 91706 Michael D.Antonovich TEL(626)430-5100•FAX(626)813-3000 Fifth District www.lapublichealth.org September 21, 2007 City of Azusa City Council 213 East Foothill Boulevard Azusa, Ca 91702 Attention: Clerk of Council ANNUAL INSPECTION OF CITY POLICE DEPARTMENT DETENTION FACILITIES Pursuant to the provisions of Section 101045 of the California Health and Safety Code, this Department has completed the annual inspection of the detention facility operated by your Police Department. The inspection report is attached for your review. The facility was inspected for compliance with sanitation, medical, and nutritional standards. The inspection findings were reviewed with the responsible officer in charge of the detention facility. These inspections are mandated by State law; however, the Health Officer's role is advisory. We recommend appropriate action be taken to correct any deficiencies noted on the attached report. If you have any questions regarding this report, please contact Housing and Institutions Program, 5050 Commerce Drive, Baldwin Park, CA 91706-1423 at (626)430-5590. Very truly yours, Te rance P well, R.E.HS. Ac ing Director of Environmental Health TP:mgc Attachments ADULT TYPE I,II,III and IV FACILITIES Local Detention Facility Health Inspection Report Health and Safety Code Section 101045 CSA#: FACILITY NAME: COUNTY: AZUSA CITY JAIL LOS ANGELES FACILITY ADDRESS (STREET,CITY,ZIP CODE,TELEPHONE): 725 NORTH ALAMEDA AVENUE #254182 AZUSA,CALIFORNIA 91702 24:92 (626)812-3277 30 CHECK THE FACILITY TYPE AS DEFINED IN TYPE I: X TYPE II: TYPE III: TYPE IV: TITLE 15, SECTION 1006: ENVIRONMENTAL HEALTH EVALUATION DATE INSPECTED: JANUARY 25,2007 (2006 REPORT) ENVIRONMENTAL HEALTH EVALUATORS (NAME,TITLE,TELEPHONE): SCOTT KIRK,R.E.H.S.,M.S. SENIOR ENVIRONMENTAL HEALTH OFFICER 3530 WILSHIRE BOULEVARD,9TH FLOOR,LOS ANGELES,CALIFORNIA 90010 PH: (213)351-7365 FX: (213)351-2785 Email: sckirk( ph.lacounty.gov FACILITY STAFF INTERVIEWED(NAME,TITLE,TELEPHONE): SAMUEL JAUREGUI,JAILER,E Mail: siauregui(iici.azusa.ca.us (626)812-3277,(626)812-3219 SGT.SAMULE FLEMING NUTRITIONAL EVALUATION DATE INSPECTED: NUTRITIONAL EVALUATORS(NAME,TITLE,TELEPHONE): 5050 COMMERCE DRIVE,BALDWIN PARK,CALIFORNIA 91706-1423 PH: (626)430-5590 FX: (626)813-3017 FACILITY STAFF INTERVIEWED(NAME,TITLE,TELEPHONE): NO NUTRITIONAL REPORT FOR THE YEAR 2006 MEDICAL/MENTAL HEALTH EVALUATION DATE INSPECTED: MEDICAL/MENTAL HEALTH EVALUATORS(NAME,TITLE,TELEPHONE): DOLORES TARIN,R.N.,P.H.N.,M.S. MEDICAL PROGRAM CONSULTANT 6851 LENNOX AVENUE,VAN NUYS,CALIFORNIA 91405 PH: (818)902-2448 FX: (818)902-4458 FACILITY STAFF INTERVIEWED(NAME,TITLE,TELEPHONE): NO MEDICAL REPORT FOR THE YEAR 2006 This checklist is to be completed pursuant to the attached instructions. ADULT TYPES COVER;5/17/07 -1- CSA FORM 358(Rev.8/05) LOS ANGELES COUNTY DEPARTMENT OF HEALTH SERVICES SUMMARY OF ENVIRONMENTAL EVALUATION-2006 AZUSA CITY JAIL This facility appears to meet all the environmental requirements of Title 15, California Administrative Code, for a Type 1 facility. Overall cleaning of the jail is excellent. Repair/replace the broken spring on the oven door(2nd year violation).A new stove has been ordered to be installed in February 2007. If you have any questions,please contact Scott Kirk: E Mail: sckirkAph.lacounty.gov, or at (213)351-7365. ADULT TYPES COVER;5/17/07 -2- CSA FORM 358(Rev.8/05)