HomeMy WebLinkAboutAgenda Packet - February 4, 2008 - CC U
- c`9LIFORT���
I
AGENDA
CITY COUNCIL, AND THE
REDEVELOPMENT AGENCY
i
AZUSA AUDITORIUM MONDAY, FEBRUARY 4, 2008
213 EAST FOOTHILL BOULEVARD 6:30 P.M.
AZUSA CITY COUNCIL
IOSEPH R. ROCHA
MAYOR
KEITH HANKS ANGEL CAIRRILLO
MAYOR PRO-TEM COUNCILMEMBER
URIEL E. MACIAS ROBERT GONZALES
COUNCILMEMBER COUNCILMEMBER
NOTICE TO THE PUBLIC Copies ofstaffreports or other written documentation relatingto'each item
of business referred to on the Agenda are on file in the Office of the City Clerk and are available for
public inspection at the City Library. I
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
1
Presentation of Certificate of Recognition to Ms. Margaret Davis for winning first place, in her age
group, in the New York City Marathon
i
Presentation of Proclamation in celebration of the 50'Wedding Anniversary of Mr. Gilbert and Gloria
Moronez.
Certificates of Recognition to winners of the Consolation Bracket Championship in the 2007 SCMAF-
Federation "B" Division Flag football Tournament
CLOSED SESSION
1 . CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Gov. Code Section 54956.9
(b). Threat of litigation by Vulcan Materials regarding vested mining rights.
2. PUBLIC EMPLOYEE APPOINTMENT (Gov. Code Sec. 54957)
Title: Human Resource Director
3. CONFERENCE WITH LABOR NEGOTIATOR Gov. Code Sec. 54957.6
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Organizations/Employee: CAPP
4. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Property Address: 303 E. Foothill Boulevard, Azusa, CA 91702
Negotiating Parties: Watt Genton Associates, LP
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of Payment
5. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Address: 716 N. Dalton Avenue, Azusa, CA 91702
Negotiating Parties: Watt Genton Associates, LP
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of Payment
6. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Address: 726 N. Dalton Avenue, Azusa, CA 91702
Negotiating Parties: Watt Genton Associates, LP
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of Payment
7. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Address: 728 N. Dalton Avenue, Azusa, CA 91702
Negotiating Parties: Watt Genton Associates, LP
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of Payment
8. LIABILITY CLAIMS (Gov. Code Sec. 54956.95
Claimant: M. Gomez
Any person wishing to comment on any of the Closed Session items listed above may do so now.
02/04/08 PAGE TWO
7:30 P.M. - REGULAR MEETING OF THE CITY.COUNCIL.
• Call to Order
• Pledge to the Flag
• Invocation - Pastor Wayne Leamons of Bread of Life Church
A. PUBLIC PARTICIPATION
(Person/Group shall be allowed to speak without interruption up to five (5)minutes maximum
time, subject to compliance with applicable meeting rules. Questions to the speaker or
responses to the speaker's questions or comments shall be handled after the speaker has
completed his/her comments. Public Participation will be limited to sixty (60) minutes time.)
f
B. REPORTS, UPDATES, AND ANNOUNCEMENTS
i
1 . Mayor Rocha-a. Request for proclamation for Boy Scout Aaron Meisel, of Troop 405 who has
achieved the Eagle Scout award. b. Mr. Gilbert Becerril to make an announcement. 1
2. Update on southern entry Monument Sign on Azusa Avenue. I
3. Update on assistance to Azusa American and Azusa National Little Leagues for funding from the
City Council Community Fireworks Fund to repaint facilities. E
4. Update on 210 freeway Reader Board sign.
5. Report on status of palm trees - Rosedale.
C. SCHEDULED ITEMS
I
1
1 . PUBLIC HEARING - REQUEST BY COVINA IRRIGATING COMPANY(CIC) THAT CITY OF AZUSA
CONSENT TO USE OF EMINENT DOMAIN BY COVINA IRRIGATING COMPANY TO ACQUIRE A
WATERLINE EASEMENT ON PRIVATE PROPERTY WITHIN THE CITY LIMITS. RECOMMENDED
ACTION: Open the Public Hearing; receive testimony to consider request by Covinaf Irrigating
Company (CIC) that the City of Azusa consent to CIC's use of eminent domain to acquire a
waterline easement through the Crystal Canyon Condominium property located in the City of
Azusa; close the Public Hearing. Waive further reading and adopt Resolution No. 08-C7,
entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CONSENTING TO THE USE OF
EMINENT DOMAIN, PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE, SECTION
1245.310 ET SEQ., BY THE COVINA IRRIGATING COMPANY TO ACQUIRE A SUBSURFACE
WATERLINE EASEMENT ON AND UNDER (SHADY OAK COURT AND PARKING LOT) PROPERTY
OWNED BY THE CRYSTAL CANYON DEVELOPMENT HOMEOWNERS". `
1
02/04/08 PAGE THREE k
' I
2. REQUEST FROM PLANNING COMMISSION - APPROVAL OF FORMATION OF AN ECONOMIC
DEVELOPMENT SUBCOMMITTEE OF THE PLANNING COMMISSION. RECOMMENDED
ACTION: Approve the formation of an Economic Development Subcommittee of the Planning
Commission.
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 SPECL4L CALL ITEMS.
1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JANUARY 22, 2008.
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. INDEMNIFICATION AGREEMENT BETWEEN CITY AND COVINA IRRIGATING COMPANY(CIC)
REGARDING RESOLUTION CONSENTING TO USE OF EMINENT DOMAIN BY COVINA
IRRIGATING COMPANY TO ACQUIRE A WATERLINE EASEMENT ON PROPERTY OWNED BY
CRYSTAL CANYON HOMEOWNERS. RECOMMENDED ACTION: Approve the Indemnification
Agreement between the City of Azusa and CIC regarding the resolution consenting to use of
eminent domain by CIC to acquire a waterline easement through the Crystal Canyon
Condominium and authorize the City Manager to execute the Indemnification Agreement
subject to any non-substantive changes deemed appropriate by the City Manager and City
Attorney.
4. AWARD OF CONTRACT TO ACE ELECTRIC IN THE AMOUNT OF $198.600.00 FOR RETROFIT
BALL FIELD LIGHTING PROJECT AT MEMORIAL PARK. RECOMMENDED ACTION: Award the
contract to Ace Electric in the amount of $198,600.00, for the Retro-Fit Ball Field Lighting
Project at Memorial Park.
5. ANNUAL WEED ABATEMENT RESOLUTION (IMPROVED PARCELS). RECOMMENDED ACTION:
Adopt Resolution No. 08-C8, declaring hazardous brush, dry grass, weeds, combustible growth
or Flammable vegetation, to include ornamental vegetation, in the City of Azusa a seasonal and
recurring nuisance, and setting the date and time of February 19, 2008, at 7:30 p.m., as the
date and time to conduct a protest hearing for affected property owners before the City Council.
6. THE CITY TREASURER'S REPORT AS OF DECEMBER 31, 2007. RECOMMENDED ACTION:
Receive and file the Report.
02/04/08 PAGE FOUR
7. CAPP CONTRACT EFFECTIVE AUGUST 1, 2007 THROUGH IULY 31 2010. RECOMMENDED
ACTION: Approve the Civilian Association of Police Personnel (CAPP) contract dated August 1,
2007 through July 31 , 2010.
8. WARRANTS. Resolution authorizing payment of warrants by the City. RECOMMENDED
ACTION: Adopt Resolution No. 08-C9.
I
CONVENE JOINTLY WITH THE AZUSA REDEVELOPMENT AGENCY
E. JOINT AGENCY-CITY ITEM
s
1 . PROFESSIONAL SERVICES AGREEMENT WITH HOGLE-IRELAND, INC. FOR PREPARATION OF
HOUSING ELEMENT UPDATE. RECOMMENDED ACTION: Authorize the City Manager to enter
into a professional services agreement with Hogle-Ireland, Inc., for the preparation of the State-
mandated update to the City's Housing Element of the General Plan and City Council/Agency
Board approve a budget amendment in the amount of $90,000, of which $60,270 will be
funded by the City's General Fund reserves and $29,730 will be funded by the Redevelopment
Agency's Low-to-Moderate Income Housing Set Aside Fund reserves, in order to finance the
costs of preparing the Housing Element update, legal review, community workshop supplies,
negotiations with the State.Department of Housing and Community Development, and other
incidental expenses.
CITY COUNCIL TO RECESS AND REDEVELOPMENT AGENCY TO CONTINUE
F. AGENCY CONSENT CALENDAR
{
The Consent Calendar adopting the printed recommended actions will be enacted+with one
vote. if Boardmembers or Staff wish to address any item on the Consent.Calendar
individually, it will be considered under SPECIAL CALL ITEMS. ,
1 . APPROVAL OF MINUTES OF THE REGULAR MEETING OF IANUARY 22. 2008. RECOMMENDED
ACTION: Approve Minutes as written.
i
2. MODIFIED PURCHASE AND SALE AGREEMENT WITH THE METRO GOLD LINE
CONSTRUCTION AUTHORITY FOR THE ACQUISITION OF THE REAL PROPERTIES WHOSE
ASSESSOR PARCEL NUMBERS ARE 8608-024-900 (TARGET SITE)AND 8608-028-907 (WATT
DALTON SITE). RECOMMENDED ACTION: Adopt Resolution No. 08-R4, approving the
Modified Purchase and Sale Agreement for the acquisition of the northerly forty feet of APN #:
8608-024-900 and APN #: 8608-028-907. The total site to be acquired is approximately
17,420 square feet with the Target Site parcel measuring 12,800 sq. ft. and the Watt Dalton Site
parcel measuring 4,620 sq.ft.
02/04/08 PAGE FIVE
I
I
F
3. WARRANTS. Resolution authorizing payment of warrants by the Agency. RECOMMENDED
ACTION: Adopt Resolution No. 08-R5.
G. ADJOURNMENT
1. Adjourn.
UPCOMING MEETINGS:
February 19, 2008, (Tuesday) City Council Meeting- 6:30 p.m. (Auditorium)
February 25, 2008 Utility Board Meeting- 6:30 p.m. (Light and Water Conference Room)
March 3, 2008, City Council Meeting- 6:30 p.m. (Auditorium)
March 17, 2008, City Council Meeting- 6:30 p.m. (Auditorium)
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in a city meeting,please contact the City Clerk at 616-812-5229. Notification three
(3) workingdays prior to the meeting when special services are needed will assiststaffin assuring
that reasonable arrangements can be made to provide access to the meeting.
02/04/08 PAGE SIX
• U
C'9[/FOR�P
i
PUBLIC HEARING
TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL
VIA: FRANCIS M. DELACH, CITY MANAGER AW E
FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES Ifl
I
DATE: FEBRUARY 4, 2008
s
SUBJECT: REQUEST BY COVINA IRRIGATING COMPANY (CIC) THAT CITY OF AZUSA
CONSENT TO USE OF EMINENT DOMAIN BY COVINA IRRIGATING COMPANY
TO ACQUIRE A WATERLINE EASEMENT ON PRIVATE PROPERTY WITHIN THE
CITY LIMITS I
RECOMMENDATION
It is recommended that the City Council: E
(1) Open public hearing to consider request by Covina Irrigating Company (CIC) that the
City of Azusa consent to CIC's use of eminent domain to acquire a waterline easement
through the Crystal Canyon Condominium property located within the City of Azusa;
and
I
(2) Close public hearing and adopt attached resolution entitled: +,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CONSENTING `
TO THE USE OF EMINENT DOMAIN, PURSUANT TO CALIFORNIA CODE OF
CIVIL PROCEDURE, SECTION 1245.310 ET SEQ., BY THE COVINA IRRIGATING I
COMPANY TO ACQUIRE A SUBSURFACE WATERLINE EASEMENT ON AND
UNDER (SHADY OAK COURT AND PARKING LOT) PROPERTY OWNED BY THE }
CRYSTAL CANYON DEVELOPMENT HOMEOWNERS AS DEPICTED ON THE I
DIAGRAM ATTACHED HERETO AS EXHIBIT "I".
t
BACKGROUND
On October 22, 2007, the Azusa Utility Board authorized staff to schedule a public hearing to
consider a request by CIC that the City of Azusa consent to CIC's use of eminent domain to
acquire a waterline easement that traverses private property owned by the Crystal Canyon
Homeowners. The Crystal Canyon housing complex is located between Ranch Road and San
Gabriel Canyon Road north of Sierra Madre. The easement being sought is approximately
10-feet in width and 400-feet in length and traverses Shady Oak Court, a private road located
within the Crystal Canyon complex (See map diagram attached to Resolution). /located
within
7
CIC is a California non-profit, mutual water company that is considered a quasi-public entity.
California Code of Civil Procedure, Section 1245.310 et seq. authorizes quasi-public entitles
like CIC to exercise powers of eminent domain, however, quasi-public entities must first
obtain the consent by the legislative body of the city or county within whose boundaries the
subject property is located. Consent must be provided in the form of a resolution adopted at
a duly noticed public hearing. CIC provided the Azusa City Clerk's office with a mailing list of
all Crystal Canyon homeowners and the City Clerk's office mailed the public notice along ith
attached resolution on January 15, 2008, in excess of the 15 days advance notice required by
California Code of Civil Procedure Section 1245.350(b) for this type of public hearing.
CIC maintains pipelines and easements within the.City of Azusa to supply San Gabriel River
water to neighboring cities. CIC is in the midst of modernizing and improving its transmission
delivery system, which includes the elimination of the open water canal in Azusa that
traverses the city in a southeasterly direction from the Pasadena Powerhouse to south of
Sierra Madre. The open canal has been a long standing hazard in the city; however, its
elimination has been prompted by Rosedale Development which affected the routing of
southern segments of the canal and changed the hydraulic requirements. In fact, Azusa Land
Partners ("ALP"), the Rosedale master developer, have already replaced and relocated a lailge
portion of the southern segment of the open canal. CIC intends to replace the north&
segment of the open canal with underground pipelines that will connect with the undergrod,nd
pipelines that ALP is building along Sierra Madre as part of Rosedale Project. The connection
point is lower than immediate southern segments of pipeline installed by ALP developers and
pressure is required to feed the water up and over a small grade.
While portions of the underground pipeline being constructed by CIC will be pla ed
underneath City public streets via a proposed license agreement between the City and GIC,
other portions of the proposed pipeline are required to be installed within private property is
acquisition and use of easements.
The subject easement includes a portion of a private street and parking area owned,by the
Crystal Canyon Homeowners ("Crystal Canyon Property"). The requested easement consists
of an approximate 400-foot long, 10-foot wide easement area that would facilit6te
connection of the pipeline facilities from the open canal on the property owned by the Cit of
Pasadena located directly across from the Crystal Canyon Property. Once the pipeline is
constructed and installed across the Crystal Canyon Property, it will be extended undergrOL nd
south on San Gabriel Canyon Road and then East on Sierra Madre where it would then be
connected with Rosedale pipeline just east of Dalton Avenue.
For over a year, CIC has attempted to secure the purchase of this easement across the Crystal
Canyon Property, and was very close to reaching agreement with the HOA on the easem mt
with the HOA's previous legal counsel, Kris Geiger, Esq. However, the HOA changed legal
representatives to Michael H. Leifer, Esq., of Palmieri, Tyler, Wiener, Wilhelm &Waldron P,
and since the change CIC was unable to revive previous negotiations and finalize he
agreement. Despite repeated requests by CIC, the HOA has refused to consider furt ler
negotiations related to the acquisition of the necessary easement. As a result, CIC would ike
to initiate eminent domain proceedings to acquire the easement. Given the immin nt
completion of southern segments of the underground pipeline project by ALP along Sirra
Madre, CIC is requesting the City's consent to allow CIC to acquire the easement on he
Crystal Canyon Property via eminent domain to enable CIC to complete its portion of he
pipeline project.
City staff have reviewed CIC's plans and believe that the timely acquisition of the easement
and completion of CIC's underground pipeline project is necessary for the reasons set fort in
the attached correspondence from CIC, and the following:
1. The underground pipeline will replace a segment of open canal that is over 100 ye rs
old; eliminating this segment of open canal will reduce health and safety risks inherent
in transporting water in an open canal and related liability exposure.
2. Ranch Road, the road adjacent to that portion of the canal which is to be eliminated by
this project, is too narrow and congested with underground utilities making it
technically infeasible and cost prohibitive to install a 42" water transmission line in the
Road. (This is also why the City of Azusa recently acquired an easement from the
Canyon View Homeowners' property which is located just to the north of the Crysltal
Canyon Homeowners Association property.)
3. Undergrounding the canal water into a pipeline is necessary from a hydra lic
standpoint because it originates from an elevation that is required to feed a lower
underground pipeline recently installed in the Rosedale Development with sufficient
pressure to carry the Flow that CIC needs to supply water to its customers.
4. Even if installation of the water line in Ranch Road was possible, it would disrupt he
lives of hundreds of people that live in the housing developments on both sides of
Ranch Road for months.
For the reasons stated above and in the letter from CIC (attached), staff believes that theity
should consent to CIC's use of eminent domain to acquire the subject waterline easemnt
and approve the attached resolution which makes the following findings and declarations:
1. That the public interest and necessity require the proposed project;
2. That the proposed project is planned or located in a manner that will be m st
compatible with the greatest good and least private injury;
3. That the property described in the resolution is necessary for the proposed project;
and
4. That the hardship on the quasi-public entity of not getting the easement outweighs
any hardship to the owners of such property.
FISCAL IMPACT
The cost of the easement and construction of the new pipeline, including elimination of he
open canal will be borne by CIC.
Prepared by:
Cary Kalscheuer, Assistant to the Director of Utilities
Final Reso.DOC ResoExhibits.pdf CIC_Doc.pdf
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
CONSENTING TO THE USE OF EMINENT DOMAIN, PURSUANT TO
CALIFORNIA CODE OF CIVIL PROCEDURE,SECTION 1245.310 ET SEQ.,
BY THE COVINA IRRIGATING COMPANY TO ACQUIRE A
SUBSURFACE WATERLINE EASEMENT ON AND UNDER(SHADY OAK
COURT AND PARKING LOT) PROPERTY OWNED BY THE CRYSTAL
CANYON DEVELOPMENT HOMEOWNERS AS DEPICTED ON THE
DIAGRAM ATTACHED HERETO AS EXHIBIT "1"
WHEREAS, there is an open water canal in the City of Azusa("City) that traverses the
City in a southeasterly direction; and
WHEREAS, the canal is operated by the Covina Irrigating Company("CICO") to conv y
water to its customers located in other cities; and
WHEREAS, southern portions of the open canal in the City have been re-routed as pa
of the implementation of the Rosedale Development Project, a master planned residential
development, and an underground pipeline is being installed to eliminate the southern portion o
the open canal; and
WHEREAS, in order to provide the southern segment of underground pipeline with
sufficient pressure so that Covina Irrigating Company may supply water to its customers, a
segment of pipeline must be installed starting at a higher elevation so as to ensure gravity flow f
the water; and
WHEREAS, the northern section of the open canal may be a potential health hazard to
residents, families, and children of the community and, as part of its modernization efforts,
Covina Irrigating Company now desires that the existing portions of the open canal be placed
underground; and
WHEREAS, the Covina Irrigating Company has put forth a plan to eliminate the
northern segment of the open canal and route the water underground through a 42" pipeline tha
will connect with the southern segment of underground pipeline, which will accomplish the
City's goal of eliminating any health hazards associated with the continued operation of the
northern section of the open canal; and
WHEREAS, the closest public road located near the northern starting point of the open
canal is Ranch Road, formerly referred to as Azusa and San Gabriel Canyon Road; and
WHEREAS, Ranch Road is narrow and congested with underground utilities making it
technically and economically infeasible to install a 42" water pipeline to convey water to the
south and maintain the necessary gravity flow capability; and
WHEREAS, Ranch Road is a two lane roadway and there are housing developments o
both sides of the street, the residents of which would suffer substantial hardship and utility
disruption even if Ranch Road could be used for the underground pipeline; and
WHEREAS, Covina Irrigating Company has tried to obtain an easement through a
private street and parking lot located on the Crystal Canyon Condominium development in order
to connect to San Gabriel Valley Road so that it may use this four lane road to construct and
install an underground pipeline that can be routed south and maintain the necessary gravity flo ;
and
WHEREAS, the Crystal Canyon Homeowners Association, acting through its attorney,
for and on behalf of the Crystal Canyon Homeowners, has refused to grant Covina Irrigating
Company an easement to use its private property in order to underground the open canal; and
WHEREAS, the easement to be acquired by eminent domain by Covina Irrigating
Company over a narrow portion of one private road and parking area located on the Crystal
Canyon Condominium development will be approximately ten (10) feet in width and four
hundred (400) feet in length, as depicted on the diagram attached hereto as Exhibit "1" and
legally described on the document attached hereto as Exhibit "2"; and
WHEREAS, the Covina Irrigating Company is a mutual water company authorized
under Section 2729 of the California Public Utilities Code to acquire an easement over the
proposed area by eminent domain; and
WHEREAS, the adoption of this Resolution is exempt from the requirements of the
California Environmental Quality Act (CEQA)pursuant to Section 15282(k) of the CEQA
Guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
SECTION 1. Findings.
1. The City Council finds that the recitals contained in this Resolution are true
and correct and hereby adopts them as findings as if fully set forth herein.
2. The City Council finds that the public use for which the property is to be
acquired is to accommodate the installation of a water pipeline to eliminate a
open water canal and the potential health hazards inherent in operating an
open water canal.
3. The general location of the proposed easement acquisition is shown on the
attached Exhibit 1 and legally described in the attached Exhibit 2 and consist
of a ten (10") foot wide, four-hundred (400) foot long easement traversing
over a narrow portion of one private road and parking area located on the
Crystal Canyon Condominium development.
4. The City Council finds that the public interest and necessity require the
acquisition of this easement so that the northern segment of Covina Irrigating
Company's open canal can be routed underground and connected with the
southern segment of underground pipeline in the Rosedale Development
("Proposed Project") for the reasons set forth in this Resolution.
5. The City Council finds that the Proposed Project is planned/located in a
manner that is most compatible with the greatest good and least private inju
6. The City Council finds that the easement through the Crystal Canyon
Homeowners' private street named Shady Oak Court and open parking lot
property described herein is necessary for the Proposed Project.
7. The City Council finds that the hardship to Covina Irrigating Company of not
acquiring the easement over the property described herein by eminent domai
outweighs any hardship that will be experienced by the affected property
owners of the Crystal Canyon Condominium development.
8. The City Council of the City of Azusa hereby consents to the Covina Irrigating
Company's use of eminent domain power in order to secure an easement from
the Crystal Canyon Homeowners over, across, in, on, and under the operationproperty)
described herein for purposes of construction, installation, , and
maintenance of an underground water pipeline between Ranch Road and San
Gabriel Valley Road as shown on the attached Exhibit 1 and as described in
the attached Exhibit 2.
SECTION 2. California Environmental Quality Act. The City Council finds that the
adoption of this Resolution is exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to Section 15282(k) of the CEQA
Guidelines. The proposed easement is designed to accommodate the installation of a
water pipeline not exceeding one-mile in length. Staff is directed to file a Notice of
Exemption with the Los Angeles County Clerk's office within five (5) days of the
adoption of this Resolution.
SECTION 3. Effective Date. This Resolution shall be effective immediately upon (1)
approval by the City Council; and (2) the execution of an indemnification agreement
between the City of Azusa and the Covina Irrigating Company indemnifying the City fbr
its adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 4th day of February, 2008.
Joseph Rocha, Mayor
APPROVED AS TO FORM:
Sonia Carvalho, City Attorney, BBK Law LLC
ATTEST:
Vera Mendoza, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the
foregoing Resolution No. was duly introduced and adopted at a regular meeting
of the Azusa City Council on this 4`h day of February, 2008, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Vera Mendoza, City Clerk
EXHIBIT 1
77'7,777. .
.) sutdx; g S
UP
CQ
r
.,.151 1 ! S i
�' .�.. l7 uaas5la�y a n � � �
Y. ,;
,1{
o O 'er O
1
_ u
'S •' :'� .. FJ l:.-� ewe'' N
s sc-.1W vis:ia, H
I :
EXHIBIT 2
THAT PORTION OF LOT 3 OF TRACT NO. 44104,IN THE CITY OF AZUSA,COLNTY
OF LOS.ANGELES,STATE OF CALIFORNLA, AS SHOWN ON MAP FILED IIT BOOK
1053,PAGES 97 AND 98.OF MAPS,IN THE OFFICE OF THE RECORDER OF SAID _
COUNTY WITHIN A STRIP OF LAND OF 10.00 FEET WIDE, LYING 5.00 FEET ON
EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT 3 DISTANT
THEREON SOUTH I V 07'34"EAST 84.67 FEET FROM THE MOST EASTERLY
NORTHEAST CORNER OF SAID LOT 3,SAID EASTERLY LINE ALSO BEING THE
WESTERLY LQlE OF AZUSA AND SAN GABRIEL CANYON ROAD,50.00 FEET 44TDE,
AS SHOWN ON MAP OF SAID TRACT:THENCE SOUTH 710 52'26"WEST 1;5.82 FEET;
THENCE SOUTH 81c 54'58"WEST 261.09 FEET TO THE EASTERLY LINE OF SAN
GABRIEL CANYON ROAD, _00.00 FEET WIDE AS SHOWN ON MAP OF SAID TRACT.
THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE
PROLONGED OF SHORTENED AT THE BEGINNING AND END THEREOF SO AS TO
TER vAN'ATE IN THE EASTERLY LINE OF SAID AZUSA ANBD SAN GABRIEL CANYON
ROAD AND THE WESTERLY LINE OF SAID SAN GABRIEL CANYON ROAD
RESPECTIVELY.
Containing 3,969= Sq. P.
NOTE: AZUSA AND SAN GABRIEL CANYON ROAD HAS BEEN RE-NAMED RANCH
ROAD.
<
5
..�' 7003
i
I
I
SCALE 1"=SC' MOST E"-'f NE- A\
CORNEP. OF LOT 3 J ,li-N
I. NO. 44104,
M.3. --153-97-98_j
J
%At ff
z
PORTION OF LOT 3, PO:NT 0:7
TR. N0. 4-411 C4'. BEGINNNINC
M.B. 1053-97-98
L
EZP17"94X�-20W
of v
NDrATES AREA OF EASEmLN7
`�Ns PREPARED Sr. C�f Ci9iGM==Wg Wsb--r
svd
Az EASEMENT FOR 'A'ATE-R AE i
P UM URPOSES
I' W=LIME AVENTM
I
S
------------------
M-a\TDVIA.CA 91016 E 50'
10,-07-05 OFL&NN; J. P. V. SCAL
PHONE:(626)357�0588
SHEET OF 1.
-'7r9lne-'T'-n9 lne- PAM(626)IS-11957
RECEIVED
OCT t 0 2001 \ `
AZUSA UGHT&WATER •
COVINA IRRIGATING COMPANY CIAO
October 10, 2007
VIA HAND DELIVERY
Joseph R. Rocha, Mayor Keith Hanks, Mayor Pro-tem
City of Azusa City of Azusa
Administration Department Administration Department
213 E. Foothill Blvd. 213 E.Foothill Blvd.
Azusa, CA 91702 Azusa, CA 91702
Angel Carrillo, Council Member Uriel E. Macias, Council Member
City of Azusa City of Azusa
Administration Department Administration Department
213 E. Foothill Blvd. 213 E. Foothill Blvd.
Azusa, CA 91702 Azusa, CA 91702
Robert Gonzales, Council Member
City of Azusa
Administration Department
213 E. Foothill Blvd.
Azusa, CA 91702
Re: Crystal Canyon Homeowners Association/Covina Irrigating Company
Request for Use of Eminent Domain Powers Pursuant to California
Government Code,Section 1245.310 et seq.
Honorable Mayor and Council Members:
Covina Irrigating Company ("CIC") is a non-profit mutual water company, and, pursuant
to Code of Civ. Proc. sections 1245.310 et seq., requests by this letter that the City Council adopt
a resolution consenting to CIC's acquisition of a 10-foot wide underground pipeline easement by
eminent domain across a small portion of the parking area located on real property more
commonly known as the Crystal Canyon condominium complex ("Crystal Canyon"), located in
between Rancho Road and San Gabriel Canyon Road. This letter shall describe the easement to
be acquired; summarize CIO's attempts to acquire the subject easement from the Crystal Canyon
Home Owners Association (the "HOA") since April 2006; CIC's statutory authority for
acquiring easements by eminent domain; the benefits to the City for supporting CIC's eminent
domain action; and the feasibility of other alternative routes for CIO's proposed pipeline project'.
i
146 E. COLLEGE STREET• POST OFFICE BOX 306•COVINA, CA 91723
(626) 332-1502• FAX (626)-967-5942
City of Azusa City Council
October 10, 2007
Page 2
I. Easement to be Acquired and CIC's Proposed Pipeline Project.
For over 100 years, CIC, along with other members of the San Gabriel River Water
Committee more commonly known as the Committee of Nine, which includes the Azusa
Agricultural Water Company and the Azusa Valley Water Company, has operated and
maintained an open canal which runs throughout the northeastern portion of the City of Azusa
(the "City") transporting water from the San Gabriel River to the eastern portion of the San
Gabriel Valley. The water from this canal is treated and provides potable water on awholesale
basis to a population in excess of 100,000 consumers. Because of the potential dangers
associated with an open canal and liability risks associated with the continued operation of this
canal, the City has long supported CIC's desire to replace the canal with underground pipelines.
As you know, the City has approved entitlements, including a Specific Plan (Monrovia
Nursery Specific Plan) and Development Agreement authorizing development of the former
Monrovia Nursery site ("Rosedale Project") located on real property formerly owned by the
Monrovia Nursery between East Sierra Madre Avenue and East Foothill Blvd., and situated in
close proximity to the Crystal Canyon complex. As part of the approved Rosedale Project
entitlements, the Rosedale developer has requested, and CIC has tentatively agreed, to relinquish
a portion of its interests in the canal in exchange for the City and developer's agreement to
construct an underground pipeline for CIO's benefit. This plan calls for the developer to design
and construct an underground pipeline to replace that portion of the open canal presently located
within the Rosedale development project, and which will be located in a portion of East Sierra
Madre Avenue just east of San Gabriel Canyon Road. In connection with the Rosedale project;
the City and CIC have negotiated a license (which has not yet been signed) to permit the
construction of an underground pipeline going south on San Gabriel Canyon Road and then east
on East Sierra Madre Avenue within public streets, where it is to connect with the pipeline
constructed by the Rosedale Project developer. A copy of a map depicting the location of the
open canal system and the route of the proposed underground pipeline is attached hereto as
Exhibit"A" for your review.
The water received from the San Gabriel River by CIC is transported through the open
canal to a power facility owned and operated by the City of Pasadena, which is located directly
across Rancho Road from one of Crystal Canyon's parking areas. Unfortunately, there is no
feasible alternative route for CIC to transport the water from this facility to the new pipeline in
San Gabriel Canyon Road other than across one of Crystal Canyon's parking areas. CIC
proposes to construct an underground pipeline from the Pasadena facility through the parking
area, where it will connect with the proposed pipeline in San Gabriel Canyon Road. The 10-foot
wide easement area would run approximately 400 feet for a total easement area of approximately
4,000 square feet. The only other potential route would be to install the pipeline in Rancho Road
City of Azusa City Council
October 10, 2007
Page 3
i
from the power facility down to the intersection with San Gabriel Canyon Road. However, due
to the high number of existing utility pipelines and facilities currently located in Rancho.Roadi
installation of CIC's pipeline in this street, if even possible, would be very costly and would
necessitate the shut down of Rancho Road and cause temporary utility outages during the period
of construction to many homes in the area. This will result in a significant inconvenience to not
only the many residents that use this street for road access to their homes, but also to the general
public as well for an extremely extended period of time. Bottom line, the only feasible route is
to go through Crystal Canyon's parking area.
H. CIC's Prior Nep_otiations with the HOA.
CIC and the HOA, through its previous attorney, Kris Geiger, Esq., worked together fol
almost one year on the terms of an agreement that would grant CIC an easement over the Crystal
Canyon parking area, and the parties reached agreement on all but three issues before the HOA
terminated all discussions. The HOA subsequently hired Michael H. Leifer, Esq., of Palmieri,
Tyler, Wiener, Wilhelm & Waldron LLP as its new counsel, and we have been unable to revive
or finalize those negotiations. The agreed terms are summarized as follows:
1. CIC will pay to the HOA $20,160.00 as consideration for a 10-foot wide
underground utility easement over a small portion of Crystal Canyon's parking
area.
2. CIC, at its sole expense, will keep and maintain the pipeline in good condition and
repair.
3. Except in the event of an emergency, CIC will provide the HOA with seventy-two
(72) hour notice prior to entering the property.
4. CIC will indemnify, defend and hold the HOA harmless from any claims;
damages, and costs including reasonable attorneys' fees, arising from (i) CIC's
performance of the construction and installation of the pipeline and (ii) CIC's usd
of the easement, except to the extent such claims arise from the negligence or
willful misconduct of the HOA and related entities.
5. All work performed in connection with the construction and installation of the
pipeline will be performed pursuant to plans, drawings and specifications
prepared by Civiltec Engineering, Inc. ("Civiltec"), and at CIC's sole cost and
expense. CIC will also hire and contract with a fully bonded and licensed
contractor to perform the work.
6. HOA can place surface improvements on the easement area so Ion-, as such
improvements do not unreasonably interfere with CIC's use of the easement.
i
i
I
I
i
i
City of Azusa City Council
October 10, 2007
Page 4
7. CIC is responsible, at its sole expense, for repairing any damage to the easement
area, the property, and any and all improvements thereon arising from CIC's
performance of the work, and restoring same to the condition existing
immediately before the performance of the work to the extent reasonably
practicable.
8. CIC is responsible, at its sole expense, for the prompt correction of any,
interference with existing utilities located in and around the easement area and
property arising from CIC's performance of the work.
9. CIC's performance of the work will not interfere with emergency service
vehicles' access to the property.
10. Should the .residents of Crystal Canyon be forced to evacuate the property
pursuant to a court order or any other governmental agency order as a result of a
hazardous condition created or caused by CIC's performance of the work, CIC;
will reimburse the residents for all reasonable costs and expenses incurred by any:
such order requiring overnight lodging at a local hotel for such residents up to a'
maximum stay of seven(7)days.
IL CIC shall be responsible for all survey and survey-related costs and expenses.
connected with the project.
12. During the performance of the work, CIC will obtain and continuously maintain:
a. Comprehensive general liability insurance insuring the HOA, as an additional
insured, against any liability arising from CIC's performance of the work on
account of bodily injury or death to one person in the amount of One Million'
Dollars ($1,000,000.00); on account of bodily injury to or the death of more
than one person in the amount of One Million Dollars ($1,000,000.00); and on
account of damage to or destruction of any property in the amount of One.
Million Dollars ($1,000,000.00) for each accident and Three Million Dollars,
($3,000,000.00) aggregate;
b. Commercial automobile liability insurance in the amount of One Million'
Dollars ($1,000,000.00); and
c. Workers compensation insurance in statutory form.
13. The Construction and Installation Agreement will specify that CIC's'
indemnification obligation will survive termination or expiration of the
agreement.
i
City of Azusa City Council
October 10, 2007
Page 5
14. In the event CIC no longer uses the pipeline, CIC agrees to cap and abandon the
pipeline at its sole cost and expense.
The parties were unable to reach agreement on the following issues:
I. - The effective date on which CIO's obligation for payment of delay damages will
begin.
2. The amount of the HOA's attorneys' fees to be funded by CIC.
3. The need for a second engineer at CIC's sole cost and expense to review%
Civiltec's plans and drawings and to oversee construction and installation of the
pipeline.
Despite the HOA's refusal to continue discussions, CIC was determined to resolve this
dispute by way of agreement and therefore avoid having to seek the City's assistance to pursue
condemnation proceedings. For example, by letter dated May 13, 2007, CIC expressed its
interest in reviving negotiations between the parties but to no avail. By letter dated June 14,
2007, CIC again attempted to reach out to the HOA by suggesting a meeting between the parties
to discuss the proposed project and easement, as well as to answer any questions the HOA may
have concerning the proposed project. Unfortunately, the HOA rejected CIC's invitation.
CIC made one final attempt in early September to reach an agreement with the HOA by
increasing its initial offer of$20,160.00 to $50,000.00, as well as other concessions. In support
of its offer, CIC included a copy of an appraisal dated February 2, 2006 prepared in connection
with CIC's acquisition of an underground pipeline easement over that portion of land adjacent to
Pasadena's power facility which is directly across Rancho Road from Crystal Canyon's parking
area. A copy of the appraisal is attached hereto as Exbibit"B" for your review. That easement
area consisted of approximately 3,607 square feet of land located on a small portion of an eight
acre parcel owned by Pasadena. In contrast, CIC's proposed easement over a portion of Crystal
Canyon's parking area will consist of approximately 4,000 square feet of land. The date of
valuation used for the appraisal was January 31, 2007, and the appraiser determined a fair market
value for that easement calculated at $20,000.00, or$5.545 per square foot. CIC's revised offer
of 550,000.00, or $12.50 per square foot, is more than 2 times the market value per square foot
of the easement area that is the subject of the appraisal. Unfortunately, the HOA has chosen not
even to respond to CIC's most recent offer. CIC was also willing to assume an obligation for
delay damages in the amount of$500.00 per day should the project not be completed within 20
business days after breaking of ground, which was one of the three remaining issues not agreed
on by the parties during their initial discussions.
I
i
i
I
I
i
City of Azusa City Council
October 10, 2007
Page 6
i
It is clear that CIC's attempts to negotiate in good faith with the HOA have fallen on deaf
ears. The HOA appears to have no desire to resolve this issue with CIC and would like, for
whatever reason, for all parties involved, including the City, to incur the significant expense;
energy, and hardship connected with a condemnation action. Therefore, CIC has no choice but
to seek the City's help in pursuing such an action.
III. CIC's Statutory Authority for Acquiring Easements by Eminent Domain.
Under California law, CIC, as a mutual water company, has the authority to acquire ari
casement over Crystal Canyon's parking area by eminent domain. Under Code of Civ. Proc:
§1245.330, a quasi-public entity may not commence an eminent domain proceeding to acquire
any property until the legislative body of each city, within whose boundaries property sought to,
be taken by the quasi-public entity by eminent domain is located (Code of Civ. Proc.,
§12454.310(x)), has adopted a resolution consenting to the acquisition of such property by,
eminent domain. A "quasi-public entity" includes a mutual water company that seeks to take
property by eminent domain under Pub. Util. Code §2729. Code of Civ. Proc, §1245.320ft
Under Pub. Util. Code §2725, a "mutual water company" means any private corporation or
association organized for the purposes of delivering water to its stockholders and members at
cost, including use of works for conserving, treating and reclaiming water. A mutual water,
company may exercise the power of eminent domain for water, water rights, canals, ditches,
dams, poundings, flumes, aqueducts, and pipes for irrigation of lands furnished with water by
such company. Pub. Util. Code §2729. CIC is a mutual water company under the Public Utilities
Code.
Code of Civ. Proc. §1245.340 requires that the resolution to be adopted by the City.
Council contain all of the following information:
(a) A general statement of the public use for which the
property is to be taken and a reference to the statute that
authorizes the quasi-public entity to acquire the property
by eminent domain.
(b) A description of the general Iocation and extent of the
property to be taken, with sufficient detail for reasonable
identification.
(c) A declaration that the legislative body has found and
determined each of the following:
(I) The public interest and necessity require the
proposed.project.
(2) The proposed project is planned or located in the
manner that will be most compatible with the
,greatest good and least private injury.
I
I
i
I
I
City of Azusa City Council
October 10,2007
Page 7
(3) The property described in the resolution is
necessary for the proposed project.
(4) The hardship to the quasi-public entity if the
acquisition of the property by eminent domain is
not permitted outweighs any hardship to the
owners of such property.
CIC has had numerous conversations over the past several months with City staff and the
City Attorney's office concerning CIC's proposed project. We understand that City staff is;
prepared to recommend the adoption of a Resolution pursuant to the authority cited above since
the only feasible route for CIC to connect to the pipeline in San Gabriel Canyon Road is through
Crystal Canyon's parking area. They have also expressed their willingness to answer any,
questions the City Council may have concerning CIC's proposed project.
IV. Benefits to the City Resulting from CIC's Proposed Project.
If CIC is able to install its pipeline in Crystal Canyon's parking area it will result in'
significant benefits to the City. These include:
1. Public health & Safety Benefits from Conversion of Open Canal to.
Underground Pipeline. As previously explained, CIC will be able to transport water from the:
San Gabriel River through the proposed underground pipeline instead of the open canal which'
will result in increased public safety and significantly reduce the exposure to liability in'
connection with the open canal. In addition, CIC's proposed pipeline project is critical to the
success of the City's overall implementation of the Monrovia Nursery Specific Plan and,
Rosedale Project. The City, CIC, and the developer of the Rosedale project have spent a
significant amount of time, energy, and money negotiating the terms of the new underground;
pipeline within the Rosedale Project site. CIC would be severely prejudiced if it were forced to'
use an alternative route to attempt to connect to the pipeline in San Gabriel Canyon Road.
2. Implementation of the.Monrovia Nursery Specific Plan. The City also has a
long standing relationship with CIC. The City has a vested interest in ensuring that CIC is able'
to connect to the pipeline in San Gabriel Canyon Road and therefore complete a critical;
component to the City's master planning efforts as described in the Monrovia Nursery Specific!
PIan.
3. Minimize Service Disruptions to Area Residents & Service Providers. Finally,.
allowing CIC access through Crystal Canyon's parking area will reduce the burden and,
inconvenience placed on City residents living in that area in connection with CIC's proposed:
project. As noted previously, the only other possible route would be to install the pipeline in,
Rancho Road from the power facility down to the intersection with San Gabriel Canyon Road.!
I
i
I
i
City of Azusa City Council
October 10, 2007
Pace 8
However, due to the high number of existing utility pipelines and facilities currently located in .
Rancho Road, installation of CIC's pipeline in this street would be very costly and would
necessitate the shut down of Rancho Road and cause temporary utility outages during the period
of construction to many homes in the area. This will result in a significant inconvenience to not
only the many residents that use this street for road access to their homes, but also to the general•
public as well.
V. Conclusion.
CIC has done everything within its power to try and settle this issue with the HOA
without having to get the City involved. Unfortunately, the HOA has no desire to settle this
issue despite CIC's willingness to be more than conciliatory in reaching an agreement.
Therefore, CTC has no choice but to request that the City adopt a resolution consenting to CIC's
acquisition of a utility easement over a portion of Crystal Canyon's parking area. Public interest
and necessity require the proposed project since it will be most compatible with the greatest good
and least private injury. Finally, the risk and expense to the City in adopting the resolution.
described herein would be minimal since CIC is prepared to reimburse the City for its costs and
indemnify the City for all costs, expenses, and claims arising out of its action to approve such a'
resolution. The City and CIC are currently working on the terms of an Indemnification
Agreement that Mll memorialize CIC's indemnification obligations.
Very truly yours,
David De Jesus,Pres ent/GM
Covina Irrigating Coinpany
Enclosures
cc: Fran Delach,City Manager, City of Azusa
Sonia R. Carvalho, City Attorney
Marco A. Martinez,Assistant City Attorney
Joe Hsu, Director of Utilities,Azusa Light and Water Department, City of Azusa
Timothy J. Gosney, Lagerlof, Senecal, Gosney&Kruse LLP
U �
AGENDA ITEM
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOHN R. DIERKING, CHAIRMAN OF THE PLANNING COMMISSION
DATE: FEBRUARY 4, 2008
SUBJECT: APPROVAL OF FORMATION OF A ECONOMIC DEVELOPMENT
SUBCOMMITTEE OF THE PLANNING COMMISSION
RECOMMENDATION
It is recommended that City Council approve the formation of an Economic
Development Subcommittee of the Planning Commission.
BACKGROUND
i
At the Planning Commission meeting of January 16, 2008, the Commission discussed
a proposal submitted by the Planning Commission Chair, John Dierking, for the
formation of a Planning Commission Economic Development Sub-Committee to
investigate and foster a positive business climate through the goals and policies as
envisioned in the General Plan. A copy of the proposal is attached to this report and
indicates, in part, that the Planning Commission Sub-Committee would consist of 9
members representing the Planning Commission, Azusa Chamber of Commerce,
Azusa Pacific University, Citrus College, Azusa Unified School District, industry
representatives and public members, with the final composition to be determined by
the Planning Commission.
According to the attached proposal, if the City Council authorizes the formation of.the
Planning Commission Economic Development Sub-Committee, it would be given one
year to evaluate the business climate and provide its recommendations to the City
Council. The Planning Commission is requesting that staff support be provided to the
Sub-Committee.
At its meeting on January 16th, the Planning Commission recommended on a 3-2 vote
(2 members abstaining) that this item be submitted to the Council for your
consideration.
I
l
I
��.�«"�`
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
REPORT TO THE PLANNING COMMISSION
AGENDA ITEM
TO: CHAIRMAN AND PLANNING COMMISSIONERS
FROM: SUSAN COLE, SENIOR PLANNER
VIA: BRUCE COLEMAN, DIRECTOR OF ECONOMIC AND COMMUNITY
DEVELOPMENT
DATE: JANUARY 16, 2008
SUBJECT: A REQUEST FOR A RECOMMENDATION TO THE CITY COUNCIL TO
CREATE AN ECONOMIC DEVELOPMENT SUB-COMMITTEE TO
INVESTIGATE AND REPORT ON FOSTERING A POSITIVE CLIMATE FOR
ECONOMIC DEVELOPMENT.
RECOMMENDATION:
Staff recommends that the Planning Commission review and consider the attached
proposal.
ATTACHMENT:
Economic Development Sub-committee Proposal
Pi l Plann1ngM1scProjeas\Economic Development Sub-committee\PC Staff Report 1-16-08.coc
i
To further the City's interest in economic development, the City, School District, .Azusa
Pacific University, Citrus College, LA Works and San Gabriel Economic Partnership,
and businesses will partner to promote growth of high tech, professional and small
businesses by improving local schools. launching a proactive business development
program, and marketing .Azusa's advantages. Other ideas include:
Maintain a "business climate" in Azusa that communicates the city's support for
business, including highly flexible and technologically oriented manufacturing processes,
Strengthening and maintaining the identity of key retail/commercial districts throughout
the city.
h1 addition to the "Economic Development Big Ideas," enumerated in this section of the
general plan, are supported by numerous goals supported by measurable policy
objectives. The goals of Azusa's economic development strategy are as follows:
I
• BUILD AND MAINTAIN A STRONG, DIVERSE ECONOMY IN AZUSA.
• MAINTAIN AND INCREASE THE SECTORAL DIVERSITY OF AZUSA'S
ECONOMY AND AZUSA'S ABILITY TO SUPPORT A DIVERSE SET OF
USES THAT.EVOLVES OVER TIME.
• ENSURE THE OCCUPATIONAL DIVERSITY OF AZUSA'S 30B BASE. �
• CREATE A HIGH QUALITY EMPLOYMENT ENVIRONMENT FOR .AZUSA
RESIDENTS.
• HELP AZUSA'S RESIDENTS MORE FULLY PARTICIPATE IN THE
ECONOMY.
• SUPPORT LOCAL ENTREPRENEURSHIP.
• HELP AZUSA'S BUSINESSES.
• CREATE A RANGE OF HOUSING OPPORTUNITIES
• CREATE A DIVERSE AND BALANCED REVENUE BASE WITH LONG-
TERM VALUE, AVOIDING EXCESS RELIANCE ON A SINGLE REVENUE j
SOURCE.
• STRENGTHEN THE RETAIL AND COMMERCIAL BASE.
• CREATE A UNIQUE PLACE WITH HIGH QUALITY OF LIFE FOR ALL ITS
RESIDENTS.
The policies woven throughout the ;eneral plan, and further supported by our optional
elements, are referred to as "smart growth" strategies.
Smart growth recognizes connections between development and quality of life. It
leverages new growth to improve the community. New smart growth is more town-
centered, is transit and pedestrian oriented, and has a greater mix of housing, commercial
and retail uses. It also preserves open space and many other environmental amenities.
In addition to fostering a greater sense of community, other tangible benefits inure to
stakeholders. It is a foundational understanding in the City of Azusa that homes built in
communities that follow "new urbanist" principles command a premium above nearby
i
I
i
The General Plan's second "Element of Place", Economy and Community, focuses on
those subject areas that involve the economic vitality of the city, its businesses, and t
residents, and it focuses on the community services that improve Azusans' quality of life.
Economy and Community are optional elements and have the same legal status as the
mandatory elements under state law. Chapter Four of the City's General Plan,
specifically discusses:
• Economic Development; and
• Public Services — Police Protection, Fire Protection, Emergency Medical.Services,
• Governmental Administration, Library, and Schools
The section is organized in the form of a "vision statement" referred to as "Economic
Development Big Ideas." One of the "big ideas" includes the vision that land use policies
reflect a variety of business types that support a range of jobs. For example, according to
the Azusa Chamber of Commerce, excluding govermnent and non-profit institutions nine
of the top ten employers are manufacturing based. Clearly, the City can do a better job
to attract and retain business types that support a broader tax base.
Broadly speaking, some of these "big ideas" have found life through incorporation in the
mandatory elements of the City's general plan- land use, housing, transportation,
conservation, open space, noise and safety, particularly with reference to an
understanding of newer development utilizing concepts to promote walkable, sustainable
environment composed of neighborhoods, districts, and corridors that enable a higher
quality of life by offering new choices for living and working.
Instead of"strip zoning' along commercial boulevards, it is the intent of the General Plan
that commercial activity is focused in Districts, each with a special identity and mix of
uses. The City has implemented this policy by defining "corridor" districts. Big ideas
also include establishing distinct "employment districts" for the various areas of the city
ilia[ will primarily support commercial o employment based activities. monitoring the
opportunity to reuse major heavy industrial sites in the city for other uses, including the
quarries and the landfill.
In order to draw on capitalize on social capital and to attract new industries, Azusa must
have a diverse and competitive labor force. It is the vision of.the City of.Azusa to "grow
its own" labor force by improving its K-i'_ schools and by working with Azusa. Pacific
University (APU) and Citrus College to bring businesses to the city that would benefit
from having college graduates as workers. Consideration may also be given to vocational
or trade students for internship opportunities when available.
It is noted that Azusa's Chamber of Commerce currently has a committee of member
business representatives who address issues involving both economic development and
education. This is a resource that should most certainly be drawn upon to address our
important policy issues.
Source: hitt: '% w%v.azusachamber.or�.commii info.html,Azusa Cbarnber of Commerce. Accessed
November 29. 2007. Of course. Monrovia Nursery no longer remains a top employer.
i
units of comparable size. Due to the scarcity of pedestrian downtown shopping
opportunities, cities that provide a quality downtown environment have similarly
experienced higher property values. This translates into higher local tax revenues. The
nation's best commercial real estate markets are in cities with vibrant, traditional
downtowns. Many businesses recognize the benefits in locating in areas that are able to
attract people because of different uses. Also, there is added value for businesses because
they are better able to attract skilled workers in areas that offer a multi-dimensional
environment convenient to work, shopping, and recreation.
Businesses, community leaders, developers. and local governments need to work to
ensure that new growth improves the economy and environment of existing communities.
In building places, communities must build places people want to live in for what they
are, rather than for what they are not. This is smart growth.
RECOMMENDATIONS
To the extent that the visions, goals, and policies enumerated in the General Plan are not
elsewhere being implemented, it is respectfully requested that a Planning Commission
Economic Development Sub-Committee be formed to investigate and report on fostering
a positive climate for economic development by creating an achievable and measurable
relationship between policy and practice as envisioned by the General Plan's second
"Element of Place," Economy and Community. Further recommendations are as follows:
• Foran the Planning Commission sub-committee consisting of representatives from
the Planning Commission, Azusa's Chamber of Commerce, Azusa Pacific
University, Citrus College, Azusa Unified School District, industry
representatives and public members, totaling nine (9) members, the final
composition to be determined by the Planning Commission.
• Require that appointees to the Planning Commission Economic Development
Committee be owners or executives of businesses or have a deep interest or
expertise in local economic development issues, be members of economic
development organizations, educational institutions, or business associations j
located in the City and representing a diversity of industries, including
manufacturing, the retail sector, professional services, construction, or other
industries.
• Instruct that the Planning Commission Economic Development Committee be
given one year to evaluate the business climate in the City and provide
recommendations to Council on ways to retain and attract business to the City,
• Propose policies that support the goals enumerated in the General Plan's second
"Element of Place", Economy and Community, and recommend pursuing,
implementing and enforcing existing policies. If conflicts are identified as
between policy and practice, evaluate those existing policies and recommend that
they be amended or deleted.
• Provide staff support for the work of the Planning Commission Economic
Development Committee.
i
I
i
i
I
i
� may. ZG s
. CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
TUESDAY,JANUARY 22,2008—6:30 P.M.
The City Council of the City of Azusa met in regular session at the above date and time in the j
Azusa Auditorium, located at 213 East Foothill Boulevard,Azusa, CA, 91702.
i
CEREMONIAL Ceremonial
Presentation of Certificate of Recognition to Ms. Margaret Davis for winning first place, in her! Cert to M.
age group, in the New York City Marathon was not held as she was unable to attend; the Item' Davis
was continued to the meeting of February 4, 2008. ` Continued
CLOSED SESSION Closed Sess
The City Council recessed to Closed at 6:46 p.m.to discuss the following: Recess
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Gov. Code Sec 54956.9i Conf w/legal
Threat of litigation by Vulcan Materials regarding vested mining rights. Vulcan Mat
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Gov. Code Sec 54956.9 (a)). Conf w/Legal
Case No. KC051952-G, City of Azusa v. Senior Care Partnership LP and Century Quality Cnsl Villa
Management(Villa Azusa Senior Apartments). i Azusa
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Gov.Code Sec 54956.9 (a)) Conf w/legal
Case No. CIT 07804349, Kelly Salcata Moon v. City of Azusa. Cnsl S. Moon
I
CONFERENCE WITH LABOR NEGOTIATOR (Gov.Code Sec 54957.6) Conf w/Labor
Agency Negotiators: City Manager Delach and Assistant City Manager Person • Negot. CAPP
Organization/Employee: CAPP
r
The City Council reconvened at 7:40 p.m. City Attorney Martinez advised that there was no Reconvened
reportable action taken in Closed Session; item one continued to a future time. City Attorney
Mayor Rocha called the meeting to order. Call to Order
Ms.Alyssa Zamora led in the salute to the Flag. Flag Salute
INVOCATION was given by Reverend Rick MacDonald of the Azusa House of the Nations Invocation
ROLL CALL Roll Call
PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO,MACIAS,HANKS, ROCHA
ABSENT: COUNCILMEMBERS: NONE
I
ALSO PRESENT: Also Present
City Attorney Martinez, City Manager Delach,Assistant City Manager Person, Captain Gonzalez,
Director of Economic and Community Development Coleman, City Engineer Preble, Director of
Information Technology Graf, Rosedale Project Manager Bruckner, Director of Recreation and
Family Services Jacobs, Parks Superintendent Chavez, Urban Forester Montes, Director of Public r
Works/Assistant City Manager Makshanoff, Assistant City Librarian Shahsavari, Library Director
Tovar, Public Information Officer Quiroz, City Clerk Mendoza, Deputy City Clerk Toscano.
i
I
t ,
PUBLIC PARTICIPATION Pub Part `
Mr. Mike Lee addressed Council thanking everyone involved with the success of the Dr. Martin M. Lee
Luther King Jr. celebration; wished good luck and speedy recovery to Victor Subia and Jean Comments
Barteck; invited all to City Hall on the Move on Saturday, January 261° at the 100 block of
Soldano Avenue, and urged all to vote in the Primary election in February.
Mr. Sal Martinez, President of the Azusa American Little League, invited Council to Opening S.Martinez
Ceremony on March 8`"; read comments regarding improvements at Zacatecas Park and Comments
thanked Council for their help; talked about fundraisers i.e. publish banners on the outfield
fences, and asked for a donation of blue and white paint used at Park and Recreation to touch
up additional areas at Zacatecas Park; for info on sign up and opening day: 665-4562.
Ms. Alyssa Zamora, President of Slauson Middle School, addressed Council thanking them for A. Zamora
the sidewalk installed along the school. - Comments
Ms. Laura Jimenez, representative of Assemblyman Ed Hernandez, announced that he will be L.Jimenez
hosting a Cash for College on Saturday, February 2, 2008, from 8:30 a.m. - 12:00 p.m. at Comments
Basset High School, Little Theater, for further information call 960-4457, RSVP for lunch.
Mrs.Yolanda Pena addressed Council expressing her frustration on comments made at a prior Y. Pena
meeting regarding the neighborhood she resides in and detailed the many improvements made Comments
in that area, i.e. new sidewalks, street lights, remodel of Gladstone park, relocation of the day
labors,gas station clean up, etc. -
Ms. Sandra Rentschler of Azusa Sister City, announced Day at the Races at Santa Anita to be S. Renstchler
held on Sunday, April 13`", 2008, from 12:30 p.m. to 5:00 p.m.; Adult $20 and under 18, Comments
$7.00. For further information call 969-1166.
Mr. Mark Dickerson of the Canyon City Foundation addressed Council stating that one of the M. Dickerson
goals of the foundation is to help community organizations build their capacity and ability to Comments
serve the citizens of Azusa. He stated and detailed a project, which they are funding, to
provide training, strategic planning assistance and one on one consulting with community
organizations; he noted that additional information could be obtained from Azusa Chamber of _
Commerce.
REPORTS,UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Rpts/Updates
City Manager Delach announced that Target is continuing to locate its store in the City of City Mgr
Azusa; he provided details of the process and noted there will be a scoping session on Update
February 7" which will be advertised in local newspaper, newsletter, marquee and at all local Target Store
commission meetings.
Moved by Councilmember Gonzales seconded by Councilmember Carrillo and unanimously PrOC for
carried to approve request for Proclamation for the Azusa Civitans in celebration of its 70Y' Azusa Civitans
Anniversary, to be presented at the February 19, 2008 meeting.
Director of Recreation and Family Services Jacobs introduced Ross Montes, Urban Forester and Park Impvmt
Roy Chavez, Parks Superintendent who provided an update on Park Improvement Projects for Projects
2007; the also introduced projects for 2008.
Assistant City Manager Person provided an update on speed bumps. R. Person
Rosedale Project Manager Bruckner provided a Quarterly Report on the project; he responded R. Bruckner
to questions posed by Councilmembers. - - Update
Councilmember Macias requested a report on city policies on cars for sale on city streets. He Macias
asked that old shoes be removed from power lines, noting their meaning; City Manager stated Comments
Light and Water will remove them. Assistant City Manager Person responded to question
regarding entryway monument on south Azusa Avenue, stating that he has made contact with
the contractor who Is looking for the.appropriate replacement. -
Councilmember Gonzales requested that staff look into the legality of the curb painters within Gonzales
the City to see if they are licensed, etc. He thanked City Manager and staff for sidewalks at Comments
Slauson school; asked about disaster preparedness meetings, and the feasibility of catastrophe
boxes at local parks and about Mountain Cove residents. City Manager will look into the
matter.
01/22/08 PAGE TWO
Councilmember Carrillo introduced Mr. Steve Juarez, President of the Azusa National Little 'Carrillo
League who invited all to opening day on Saturday, March 8' at 1 1:30 a.m.; he also noted the Comments
free Veterans breakfast to be held at their facility on that day. Mr. Carrillo congratulated the
Human Relations Commission for honoring Dr. Martin Luther King, Jr. and all who organized
and attended the event. He talked about the promotion of water conservation. He also asked
that any in-kind services that are allocated to the American Little League be allocated to the
Nation Little League and that it be agendized at the next meeting; City Manager responded
that he would provide estimates to Council.
Mayor Rocha thanked all for the Martin Luther King, Jr. celebration; thanked Ross Montes for Rocha
the Tree Planting Event; announced the City Hall on the Move on Saturday, January 26`h,the :Comments
Joint Meeting with the City of Duarte on January.29" at 6:00 p.m.; asked all to let City
Managers office know of a date in February to talk about use of the Armory; and asked that the
meeting be adjourned in memory of Matilda Barrios, Sappi Fonoimoana and Jose Margarito
Luna.
i
The CONSENT CALENDAR consisting of Items C-I through C-8 was approved by motion of i Consent Cal
Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried with. Items
the exception of item C-7,which was considered under the Special Call portion of the Agenda.
I. The minutes of the regular meeting of January 7, 2008,were approved as written. .I Min appvd
2. Human Resources Action Items were approved as follows: HR Action
Merit Increase and/or Regular Appointments: M. Bertelsen, J.Adams, B. Bommarito, and !Items
S. Smith.
i
3. Formal sealed bids were waived and the purchase and contract for library EnvisionWare 'EnvisionWare
software, hardware and services was approved in the amount of$56,815.44. 'Services
4. Authorization was given to approve the grant agreement between the City of Azusa and RMC&Agmt
the Rivers and Mountains Conservancy in the amount of $293,283.00 and authorize the ;w/Amigos De
Director of Recreation and Family Services to execute an agreement with Amigos De Los Los Rios
Rios allowing them to design, construct and manage Phase 11 of the San Gabriel Canyon
Gateway Center Project utilizing at-risk youth from the San Gabriel Valley California
Conservation Corps.
i
5. Approval was given for the amendment of the 2007-08 budget to re-appropriate $13,250 Remove ficus
from gas tax reserves to fund the removal of(53) ficus street trees throughout the city. Trees
6. Approval was given to award a contract to Leighton Consulting, Inc. in the amount of Leighton
$54,000, for the removal and closure of two (2) underground storage tanks. Rmv strge inks
7. SPECIAL CALL ITEM. j Spec Call
8. The following resolution was adopted and entitled:
i
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN !Res.08-C4
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME !Warrants
ARE TO BE PAID.
i
SPECIAL CALL ITEMS i Special Call
Councilmember,Macias addressed item, agreement with Lilley Group for temporary senior level Lilley Ping Grp
planning service, asking if the intent was to have service through the end of June and what the Planning sys
rationale was for not taking the lowest bidder. Economic Development Director Coleman I
responded that yes the contract would go to the end of June and that the second lowest bidder i
was the best match and most qualified for the position; all thirty hours would be used. !
Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously i Lilley Ping Grp
carried to authorize the City Manager to enter into an agreement with Lilley Planning Group for ;approved
temporary senior level planning consultant services.
i
!
i
THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 8:53 P.M. !CRA convene
THE CITY COUNCIL RECONVENED AT 9:00 P.M. Cncl rcnvd
01/22/08 PAGE THREE
I
Moved by Councilmember Carrillo, seconded by Mayor Pro-Tem Hanka and unanimously Adjourn in
carried to adjourn in memory of Matilda Barrios,Sappi Fonoimoana and Jose Margarito Luna. Memory of
M. Barrios, ;
S. Fonoimoana,
B.J. Luna
UPCOMING MEETINGS: Upcoming
Meetings
January 26, 2008, (Saturday) City Hall on the Move- 12 noon (100 block Soldano Avenue)
January 28, 2008, Utility Board Meeting-6:30 p.m. (Light and Water Conference Room)
January 29, 2008,Joint Meeting with Duarte City Council-6:00 p.m. (Auditorium)
February 4, 2008, City Council Meeting-6:30 p.m. (Auditorium)
TIME OF ADJOURNMENT:9:01 P.M.
CITY CLERK
NEXT RESOLUTION NO.2008-CS.
NEXT ORDINANCE NO.2008-01. -
01/22/08 PAGE FOUR
�,-_ ice . - .•p_,- .x_- .. . _ _- - - . . .� .,.
C'QZIFdRN�A
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER
A���
VIA: F.M. DELACH, CITY MANAGER /{'�
DATE: FEBRUARY 4, 2008 I
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 January 22, 2008, the Personnel Board confirmed the following Department Head recommendation regarding
the following Personnel Action requests.
A. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
�15EPARTMEN1ce rNAME 'CLAS3IFICATIUN FACTION%EFF'DATE *RANGE/STEP
16A•SE ;W4�SALARY-
Finance Joan Michaels Aguilar Controller Reg. Appt/Merit Inc 3500/5
11-23-07 $9,124.77
Police Eugene Street Police Captain Merit Inc 3482/5 I
1-1-08 $11,140.48
Police Jorge Sandoval Police Corporal Reg Appt. 6106/5
1-3-08 $6,447.09
Police Stephan Hunt Police Lieutenant Merit Inc 3423/5
1-1-08 $9,385.85
Police Nick Covarrubias Police Officer Reg. Appt. 6101/2 .
11-23-07 $5,310.75
Utilities Monika Bauer Administrative Analyst Reg. Appt/Merit Inc 4192/2
11-18-07 $4,687.26
Utilities Pete Adame Meter Reader Reg. Appt./Merit Inc 5179/2 1
1-2-08 $4,075.25
Utilities Martin Czarnota Meter Reader Reg. Appt/Merit Inc 5179/2
12-19-07 $4,075.25
I
I
I
I
B. PROMOTION — The following promotion(s) have been requested by the department head and are
beingmade in accordance with the City of Azusa Rules of the Civil Service Sy stem.
DEPARTMENT NAME <PROMOTION „ EFFECTIVE 4RANGE/57EP $:
FROM/TO`� e..m€ _A�_ ;f x
e �„ ,- ��. ; DATE. ABASE M�:SALARY
Utilities Armando Solis Apprentice Line Mechanic to 2/5/08 5218/3
Line Mechanic $6,481.98
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets. .
i
Jill
1lFppS��P=
i
CONSENT CALENDAR
TO- HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL
VIA: FRANCIS M. DELACH, CITY MANAGER/ (C
FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES
DATE: FEBRUARY 4, 2008
SUBJECT: . INDEMNIFICATION AGREEMENT BETWEEN CITY AND COVINA IRRIGATING
COMPANY (CIC) REGARDING RESOLUTION CONSENTING TO USE OF j
EMINENT DOMAIN BY COVINA IRRIGATING COMPANY TO ACQUIRE A
WATERLINE EASEMENT ON PROPERTY OWNED BY CRYSTAL CANYON j
HOMEOWNERS
RECOMMENDATION
It is recommended that the City Council:
(1) Approve the attached Indemnification Agreement between the City of Azusa and CIC
regarding the resolution consenting to use of eminent domain by CIC to acquire; a
waterline easement through the Crystal Canyon Condominium; and
(2) Authorize the City Manager to execute the Indemnification Agreement subject to any
non-substantive changes deemed appropriate by the City Manager and City Attorney:
BACKGROUND
On October 22, 2007, the Azusa Utility Board authorized staff to schedule a public hearing to
consider a request by CIC that the City of Azusa consent to CIC's use of eminent domain :to
acquire a waterline easement that traverses private property owned by the Crystal Canyon
Homeowners.
CIC is a California non-profit, mutual water company that is considered a quasi-public entity.
California Code of Civil Procedure, Section 1245.310 et seq. authorizes quasi-public entities
like CIC to exercise powers of eminent domain, however, quasi-public entities must first
obtain the consent by the legislative body of the city or county within whose boundaries the
subject property is located. Consent must be provided in the form of a resolution adopted at
a duly noticed public hearing. In addition, California Code of Civil Procedure, Section
1245.370 authorizes the legislative body to require a quasi-public entity like CIC pay all of the
ORANGEW3275.1
DRAFT 1/15/08
i
costs reasonably incurred Py the legislative body pursuant to this action. The City of Azusa c
may require these costs be secured by payment or deposit in advance of any action related to
the resolution.
The City of Azusa is considering a resolution to authorize CIC to exercise powers of eminent
domain on property owned by the Crystal Canyon Homeowners. An Indemnification
Agreement was prepared to protect the City from suit relating to this proposed resolution.
Pursuant to the Indemnification Agreement, CIC agrees to defend, indemnify and hold
harmless the City, its officials, officers, employees, consultants and agents from any claim,
action or proceeding to attack, set aside, void or annul the City's adoption of the resolution
consenting to the use of eminent domain. In addition, the Indemnification Agreement
protects the City and aforementioned individuals from suit regarding the issuance of any
permit, license or entitlement, or related decision, or the adoption of any environmental
document or exemption connected with the proposed resolution.
FISCAL IMPACT
None.
Prepared by:
Marco A. Martinez, Assistant City Attorney
Attachment:
1. Indemnification Agreement
ORANGE143275.1
DRAFT 1/15/08
r i
INDEMNIFICATION AGREEMENT
i
COVINA IRRIGATING COMPANY-REQUEST FOR CONSENT TO PROPERTY ACQUISITION
PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE, SECTION 1245.310 ET SEQ.
I
This INDEMNIFICATION AGREEMENT ("Agreement") is made this_day of
2008,by and between the CITY OF AZUSA, a California municipal ':
corporation ("City") and the Covina Irrigating Company, a California non-profit,
mutual water company ("CICO"). City and CICO are sometimes hereinafter referred to
collectively as the "Parties."
i
RECITALS
I
A. CICO is a California non-profit, mutual water company that maintains
pipelines and easements within the City of Azusa to enable it to provide potable water
on a wholesale basis to a population in excess of 100,000 customers.
B. As part of CICO's plans for modernizing and improving the delivery
capacity of its water systems, including improvements to the operation of an existing
open water canal, CICO has embarked on a modernization program that provides for
the replacement of the open portions of the canal with underground pipeline(s).
C. Portions of the underground pipeline are being installed by a developer
that has obtained entitlements from the City to construct a master planned mixed-use
residential community on the former Monrovia Nursery site ("Project").
D. As part of the Project, the developer will design and construct an
underground pipeline through the Project and on a portion of Sierra Madre Avenue,
just east of San Gabriel Canyon Road to replace the open portions of the existing water
canal. CICO will construct additional underground pipelines that will eventually
connect with the pipeline being constructed by the Project developer. j
E. While portions of the underground pipeline being constructed by CICO
will be placed underneath City public streets via a proposed license agreement between
the City and CICO, other portions of the proposed pipeline are required to be installed
within private property via acquisition and use of private easements.
i
I
_ 1 _ I
ORANGEMMARTINEZ�A3265.1
L
F. One such area is located in a parking lot owned by the Crystal Canyon
Homeowners Association ("HOA Property"). The proposed easement consists of an
approximate 400-foot long, 10-foot wide easement area that would facilitate connection
of the pipeline facilities being constructed in San Gabriel Canyon Road with a pipeline
to be constructed and installed by CICO from the open canal on property owned by the
City of Pasadena located directly across from the HOA Property. For over one year,
CICO has attempted to secure the purchase of an easement along the HOA Property,
but the HOA refuses to consider further negotiations related to the acquisition of the
necessary easement. As a result, CICO is considering the initiation of eminent domain
proceedings to acquire the easement.
G. California Code of Civil Procedure, Section 1245.310 et seq. authorizes
quasi-public entities, such as mutual water companies, to exercise powers of eminent
domain. However, a quasi-public entity may not initiate eminent domain proceedings
until the legislative body of the city or county within whose boundaries the subject
property is located adopts a resolution consenting to the acquisition.
H. CICO has requested that the City, acting by and through its City Council,
consent to the use of eminent domain for the purpose of acquiring the required
easement over the HOA Property parking lot, by adopting a resolution to that effect,
which resolution must be adopted by a vote of at least two-thirds of the City Council.
I. The purpose of this Agreement is to provide for the indemnification of the
City and its officials for exercising such authority in accordance with the Code of Civil
Procedure.
NOW, THEREFORE, in accordance with the recitals set forth above and as
consideration for the approval of the Resolution stated herein, City and CICO agree as
follows:
TERMS
1. Incorporation of Recitals. The parties agree that the Recitals constitute
the factual basis upon which the City and CICO have entered into this Agreement. The
City and CICO each acknowledge the accuracy of the Recitals and agree that the
Recitals are incorporated into this Agreement as though fully set forth at length.
-2-
ORANGEWMARTTNEZA3265 A
2. Indemnification. CICO shall defend, indemnify and hold harmless the
City, its officials, officers, employees, consultants and agents ("Indemnities") from any
claim, action or proceeding brought against any of the foregoing individuals or entities,
the purpose of such litigation being to attack, set aside, void or annul the City's
adoption of a resolution Consenting to the Use of Eminent Domain pursuant to
California Code of Civil Procedure, Section 1245.310 et seq. ("Resolutio") and/or the
issuance of any permit, license or entitlement, including a grading permit, or related
decision, or the adoption of any environmental document or exemption connected with
said Resolution. This indemnification shall include, but is not limited to, all damages,;
costs, expenses, attorneys' fees or expert witness fees that may be awarded to the
prevailing party, and costs of suit, attorneys fees, and other costs, liabilities and
expenses arising out of or in connection with the approval of the Resolution or related
decision.
3. City Notification. City shall promptly notify CICO of any claim, action, or
proceeding concerning the Resolutiont and the City shall cooperate fully with CICO in
the defense of the matter. CICO shall provide a defense to the Indemnities or at the i
City's option, reimburse the indemnities their costs of defense, including reasonable
attorneys' fees, incurred in defense of such claims.As such, the City reserves the right;
at its own option, to choose the attorney to represent the City, its officers, employees,
consultants and agents in the defense of the matter.. Should the City decide to choose!
its own attorney to defend the claim, City shall provide CICO with an estimated budget
for attorneys' fees and litigation costs ("Estimated Legal Costs"). Within thirty (30)
days of CICO's receipt of City's budget for Estimated Legal Costs, CICO shall provide
City with any written objections to the budget and within thirty (30) days of receipt of
the objections City shall, in good faith, review and consider such objections and reduce
or delete any such items in the budget which City agrees are or may be excessive. If the
parties are unable to reach agreement on the budget for Estimated Legal Costs, CICO
shall accept City's proposed budget and proceed with City's defense on that basis or
acknowledge City's right to rescind the action and/or Resolution.
If the City fails to promptly notify CICO of any claim, action, or proceeding, on'
the City fails to cooperate fully in the defense, CICO shall not thereafter be responsible
to defend, indemnify, or hold harmless the City.
I
4. Deposit Against Cites Litigation Expenses. CICO shall, within ten (10)
business days of receipt of written notice from the City of a pending claim, action, or
proceeding, tender to the City the sum of ten thousand dollars ($10,000) as a deposit to
I
-3-
I
ORANGE\MMARTINEZ\43265.1
i
be used to fund the City's initial litigation expenses in the event that the City selects its ,
own counsel to represent the City, its officers, employees, consultants and agents in the
defense of the matter. If the amount of CICO funds on deposit drops below five
thousand dollars ($5,000) as a result of the City's expenditure of deposited funds to pay
attorneys' fees and other litigation costs, the City may require CICO to tender
additional funds sufficient to restore the deposit balance to ten thousand dollars
($10,000). As part of the request for additional funds, City shall include an accounting
for the Estimated Legal Costs spent to date and future Estimated Legal Costs. CICO
shall review the invoice and estimate within thirty (30) days of its receipt. CICO
reserves the right to request additional documents to substantiate any of the invoice
costs and estimates within this thirty (30) -day period. Following completion of its
analysis, CICO shall advise City, in writing, of any costs or expenses shown on the
invoice and estimate which CICO believes are excessive. Within thirty (30) days of
City's receipt of CICO's written objections, City shall, in good faith, review the
objections, delete any costs or expenses which are excessive and advise CICO in
writing, of the revised Estimated Legal Costs, if any.
5. Severability. If for any reason, any portion of this Agreement is found to
be invalid or unenforceable by a court of competent jurisdiction, the remainder of the
Agreement shall remain in full force and effect.
6. Assignability Limitations. This Agreement may be assigned by CICO to
any successor in interest for the Resolution, only after CICO has first notified the City
and has provided to the City Manager a signed acceptance of the assignment by the
assignee.
7. No Oral Modifications. This Agreement represents the entire
understanding of the City and CICO and supersedes all other prior or
contemporaneous written or oral agreements pertaining to the subject matter of this
Agreement. This Agreement may be modified, but only by a writing signed by both the
City and CICO. All modifications to this Agreement must be approved by the Parties.
8. Binding Upon Successors. This Agreement and each of its terms shall be
binding upon the City, CICO and their respective officials, officers, employees,
consultants and agents.
9. Legal Challenges. Nothing herein shall be construed to require CICO to
defend any third party claims and suits challenging any action taken by the City with
-4-
ORANGEVNMARTINEZ543265.1
regard to any procedural or substantive aspect of the City's approval of the Resolution,
or the environmental compliance for the Resolution. The City shall retain sole and
absolute discretion on whether or not it will defend any action filed which challenges
the Resolution, or whether it will take any other course of action on the Resolution.
CICO may, however, in its sole and absolute discretion, appear as real party in interest
in any such action or proceeding, and in such event, the City may defend such action or
proceedings at City's sole and absolute discretion, and at CICO's sole cost and expense
as hereinabove provided.
10. Attorneys' Fees. In the event that any action or proceeding, including
arbitration, is commenced by either the City or CICO against the other arising out of
this Agreement or to enforce any one or more of its terms, the prevailing party in any
such action or proceeding shall be entitled to recover from the other, in addition to all;
other legal and equitable remedies available to it, its actual attorneys' fees and costs of
litigation, including, without limitation, filing fees, service fees, deposition costs,
arbitration costs and expert witness fees, including actual costs and attorneys' fees on:
appeal. f
11. Representations of Authority. Each person signing this Agreement on
behalf of a party which is not a natural person hereby represents and warrants that all,
necessary legal prerequisites to that person's execution of this Agreement have been
satisfied and that he or she has been authorized to sign this Agreement and bind the
party on whose behalf he or she signs.
[SIGNATURES ON FOLLOWING PAGE]
i
i
I
i
i
i
I
I
I
i
i
5
i
ORANGEVMMAJZTMZ\43265.1
Covina Irrigating Company
Dated: By
Title
APPROVED AS TO FORM:
General Counsel
City of Azusa
Dated: By
Title
APPROVED AS TO FORM:
City Attorney
-6 -
ORANGEVOMARTINEZ\43265.1
i
r0Fg2
_ C'917Fp47��P'
I
i
I
I
CONSENT CALENDAR ITEM
I
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: FEBRUARY 4, 2008
SUBJECT: AWARD OF CONTRACT TO ACE ELECTRIC IN THE AMOUNT OF $198.600.00 FOR
RETRO-FIT BALL FIELD LIGHTING PROJECT AT MEMORIAL PARK.
I
RECOMMENDATION:
It is recommended that City Council award contract to Ace Electric in the amount of$198,600.00
for the Retro-Fit Ball Field Lighting Project at Memorial Park.
BACKGROUND:
i
City Council approved an amendment to the 2007-2008 CIP Budget on December 3, 2007 while
at the same time approving bids and specifications for the project. The funding source of the
project are Light and Water Public Benefit Funds, citing the energy conservation efforts in
revamping an antiquated system built 40 years ago. Eight bids were received on Wednesday,
January 16, 2008 and they are as follows:
i
Contractor Bid Amount j
Ace Electric $198,600.00
F.E.C. Electric $209,026.28
D &I Foothill Electric $211,910.00
R &M Electrical Contracting $212,148.00
MacKenzie Electric $223,500.00
M. Wilson Co. Contractors $239,720.00
Y&M Construction $268,620.00
Minako America Corp $277,000.00
Reference checks on Ace Electric were excellent, and they have a wealth of experience in projects
of this nature.
FISCAL IMPACT:
I
The budget for this project is $250,000.00. All funds are held in account #24-40-739-082-
6625/MMUNIB-6625 specifically for this purpose.
08-006
i
I
I
cAp�y�
I
I
CONSENT ITEM
I
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BRUCE COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR I
14
VIA: F.M. DELACH, CITY MANAGER �O
t
DATE: FEBRUARY 4, 2008
SUBJECT: ANNUAL WEED ABATEMENT RESOLUTION (IMPROVED PARCELS) j
RECOMMENDATION
I
It is recommended that the City Council adopt the attached Resolution declaring hazardous blush, dry
grass, weeds, combustible growth or flammable vegetation, to include ornamental vegetation, in the
City of Azusa a seasonal and recurring nuisance, and setting the date and time of February 19, 2008,
at 7:30 p.m., as the date and time to conduct a protest hearing for affected property owners before
the City Council.
BACKGROUND
The City of Azusa has contracted with the LosAngeles County Fire Department since 1982. In an
amended and restated agreement entered into in 1997, the City of Azusa was formally recognized by
the Los Angeles County Board of Supervisors as being part of the Consolidated Fire Protection' District.
Since the City is now recognized as part of the District, the Los Angeles County Department of
Agriculture is now authorized to perform all weed abatement activities on unimproved (vacant land)
parcels and due process is provided through the Board of Supervisors.
However, due to terms of the City's contract with the Consolidated Fire Protection District a separate
hearing is still required for improved land parcels within the City of Azusa. As such, the attached
Resolution sets a date and time for a protest hearing for affected property owners to challenge their
inclusion on the proposed Declaration List of parcels that were determined by the Fire Department to
contain hazardous and obnoxious weed growth.
i
The original draft Resolution provided by the Fire Department contained language referring to
inspection fees and non-compliance fines. Staff has discussed this with the Fire Department and they
have agreed to adhere to provisions set forth in the Amended and Restated Agreement For'Services
between the City of Azusa and the Consolidated Fire Protection District dated September 30, 1997.
Should any fees or fines be collected from Azusa property owners, the County would be required to
credit the total amount generated from the following year contracted cost for fire protection services.
I
I
Page 2 of 2
February 4. 2008 i_ '
Honorable Major and City Council Members
Subject: Weed Abatement
The attached Resolution declares certain improved properties within the City to be a public nuisance
due to the presence of noxious weeds and debris as determined by Los Angeles County Fire
Department Inspectors. This is simply the first step in the weed abatement process for improved
parcels, and notifies property owners that weeds and debris must be abated. Once notified, the
affected property owner(s) can either clean and maintain their properties themselves, or have the
County perform the service for a fee. The Resolution further sets the date of February 19, 2008 at 7:30
p.m. as the date and time for hearing of any protests from the affected property owners.
FISCAL IMPACT
No cost to the City of Azusa is projected since the inspection and abatement costs would be incurred
by the Consolidated Fire Protection District and covered under the existing contract for services.
Attachment: Resolution, Exhibit 1 and Exhibit 2
Prepared by: Rick McMinn, Community Improvement Supervisor
r.. `
I
RESOLUTION NO.
i
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA I
DECLARING HAZARDOUS BRUSH, DRY GRASS, WEEDS, COMBUSTIBLE 1
GROWTH OR FLAMMABLE VEGETATION ON IMPROVED PARCELS OF
LAND TO BE A SEASONAL AND RECURRING NUISANCE
WHEREAS, hazardous brush, dry grass, weeds, combustible growth or flammable
vegetation, to include native and ornamental vegetation, where growing upon improved real
property often attain such growth as to become, when dry, a fire menace to the improved real
property or adjacent improved parcels or which are otherwise noxious or dangerous; and
WHEREAS, the presence of hazardous brush, dry grass, weeds, combustible growth or
flammable vegetation, to include native and ornamental vegetation, upon improved real property
are conditions which endanger the public safety and constitute public nuisances which must be
abated; and
I
WHEREAS, the City of Azusa has a duty of protect the public safety and to take any;and
all actions necessary to abate the above-described public nuisances; and j
WHEREAS, the Consolidated Fire Protection District of Los Angeles County (the "County
of Los Angeles Fire Department") will conduct annual inspections to verify existing hazards and
public nuisances of hazardous brush, dry grass, weeds, combustible growth or flammable
vegetation, to include native and ornamental vegetation, upon the hereinafter described,real
property; and
WHEREAS, Part 5, Division 12, of the California Health and Safety Code (Sections
14875 through 14875, inclusive), authorizes the City Council, by resolution, to declare public
nuisances and to authorize the abatement thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AZUSA AS
FOLLOWS:
SECTION 1. Council Findings. The City Council of the City of Azusa hereby finds that hazardous
brush, dry grass, weeds, combustible growth or flammable vegetation, to include nativejand
ornamental vegetation, upon each improved parcel of real property hereinafter described in
Exhibit 1 .(collectively the "Real Property"), as verified by inspection by the County of Los Angeles
Fire Department are hereby declared to be public nuisances which should be abated.
SECTION 2. Notice. (a) The Fire Chief of the County of Los Angeles Fire Department (the
"Chief) is hereby designated, authorized, and directed to give notice to destroy said hazardous
brush, dry grass, weeds, combustible growth or flammable vegetation, to include native i and
ornamental vegetation, upon the Real Property. (b) Not less than 10 days prior to the 12`" of
February, 2008, the Chief shall cause notice to be given to each Real Property owner by mail as
their names and residential addresses appear from the last equalized assessment roll, or as ithey
are known to the Assessor, and said notice shall be substantially in the form as provided in
Exhibit 2 of this resolution.
SECTION 3. Hearing. Tuesday, the 19`h of February 2008, at the hour of 7:30 p.m., in the
Council Chamber of the City, located at 213 East Foothill Boulevard, Azusa is fixed by the City
Council as the date, time, and place when and where any and all owners of Real Property having
any objections to the proposed removal of hazardous brush, dry grass, weeds, combustible
growth or flammable vegetation, to include native and ornamental vegetation, may appear
before the Brush Clearance Referee and show cause why said hazardous brush, dry grass,
weeds, combustible growth or flammable vegetation, to include native and ornamental
vegetation, should not be removed in accordance with this resolution. The objections of the Real
Property owners will then and there be heard and given due consideration.
SECTION 4. Recovery of Costs. (a) The Chief and the Agricultural Commissioner are hereby
authorized and directed to recover abatement enforcement costs in a manner consistent with
prior action of the Board of Supervisors when they adopted an Administrative Penalty, an
Abatement Enforcement Cost, and an inspection fee for all Real Property when the owner fails to
comply with the second official notice to abate hazards on the Real Property described in Exhibit
1 and identified during physical inspection by the County of Los Angeles Fire Department. The
recovery of these costs is vital to the ongoing operation governing the identification and
abatement of those properties that constitute public nuisances and endanger the public safety.
(b) The owners of the Real Property, upon which the public nuisance exists, shall be presented,
both in writing and during the above referenced hearing before the Brush Clearance Referee, with
information regarding the cost of inspection and abatement enforcement.
PASSED AND ADOPTED this 4" day of February, 2008.
Mayor
1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the City of Azusa at a
regular meeting thereof held on the 4h day of February, 2008.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
City Clerk
EXHIBIT 1
DESCRIPTION OF PROPERTIES
I
In accordance with Part 5, Division 12 of the California Health and Safety Code S
i
(commencing with Section 14875), the Real Property, upon which a public nuisance exists, I
are hereby described in the attached Declaration List of Properties.
I
i
i
I
I
j
I '
I
I
i
I
I
i
I
I
I
I
LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE 1 DATE 12 12 07
IN SEQ BY WEED-KEY, THEN PARCEL FD IMPROVED
ZONE CITY CODE STREET ADDRESS PARCEL NO. KEY
06 050 563 E SIERRA MADRE AVE 8625 006 006 9 C
06 050 579 E SIERRA MADRE AVE 8625 006 007 8 C
06 050 595 E SIERRA MADRE AVE 8625 006 008 7 C
06 050 611 E SIERRA MADRE AVE 8625 006 009 6 C
06 050 627 E SIERRA MADRE AVE 8625 006 010 3 C
06 050 4001 FISH CANYON RD 8684 008 014 3 C
06 050 1455 N HILLTOP DR 8684 020 001 3 C
06 050 1465 N HILLTOP DR 8684 020 013 9 C
06 050 1469 N HILLTOP DR 8684 020 014 8 C
06 050 1471 N HILLTOP DR 8684 020 016 6 C
O6 050 1510 N SAN GABRIEL CANYON RD 8684 020 022 8 C
O6 050 1500 N SAN GABRIEL CANYON RD 8684 020 023 7 C
06 050 1569 N VIEWCREST DR 8684 021 010 0 C
06 050 1561 N VIEWCREST DR 8684 021 011 9 C
06 050 1557 N VIEWCREST DR 8684 021 012 8 C
06 050 1539 N VIEWCREST DR 8684 021 014 6 C
06 050 1533 N VIEWCREST DR 8684 021 015 5 C
06 050 1790 SAN GABRIEL CANYON RD 8684 023 013 3 C
06 050 1728 SAN GABRIEL CANYON RD 8684 023 014 2 C
06 050 1724 SAN GABRIEL CANYON RD 8684 023 015 1 C
06 050 1720 SAN GABRIEL CANYON RD 8684 023 016 0 C
06 050 1830 N AZUSA AND SAN GABRIEL CAN 8684 023 017 9 C
06 050 2350 N SAN GABRIEL CANYON RD 8684 027 004 5 C
06 050 2280 N SAN GABRIEL CANYON RD 8684 027 012 5 C
06 050 1460 N HILLTOP DR 8664 034 006 9 C
06 050 210 E VIEWCREST DR 8684 034 010 3 C
06 050 230 E VIEWCREST DR 8684 034 011 2 C
O6 050 250 E VIEWCREST DR 8684 034 012 1 C
06 050 280 E VIEWCREST DR 8684 034 013 0 C
06 050 1481 N VISTA DEL CIR 8684 034 014 9 C
06 050 1450 N VISTA DEL CIR 8684 034 015 B C
06 050 1433 N NOBHILL DR 8684 034 020 1 C
06 050 1415 N NOBHILL DR 8684 034 021 0 C
06 050 285 E. SIERRA MADRE AVE 8684 034 027 4 C
06 050 295 E SIERRA MADRE AVE 8684 034 028 3 C
06 050 213 E SIERRA MADRE AVE 8684 034 034 5 C
06 050 389 E SIERRA MADRE AVE 8684 035 011 9 C
06 050 333 E CLEARHAVEN DR 8684 036 018 0 C
06 050 325 E CLEARHAVEN DR 8684 036 019 9 C
06 050 311 E CLEARHAVEN DR 8684 036 020 6 C
06 050 303 E CLEARHAVEN DR 8684 036 021 5 C
06 050 1589 N HILLTOP DR 8684 036 022 4 C
06 050 1599 N VIEWCREST DR 8684 036 023 3 C
06 050 1587 N VIEWCREST DR 8684 036 024 2 C
06 050 1575 N VIEWCREST DR 8684 036 025 1 C
O6 050 1555 N HILLTOP DR 8684 036 034 0 C
06 050 1543 N HILLTOP DR 8684 036 035 9 C
I
I
LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE 2 DATE 1212 07
IN SEQ BY WEED-KEY , THEN PARCEL FD IMPROVED
ZONE CITY . CODE STREET ADDRESS PARCEL NO. KEY
06 050 1537 N HILLTOP OR 8684 036 036 .8 C
06 050 1531 N HILLTOP DR 8684 036 037 ;7 C
06 050 1564 N HILLTOP DR 8684 036 04715 C
4
I
I
I
I i
I
I
I
I
I
i
i
I
i
i
i
i
I
i
I
_ I
i
LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE 3 DATE 12 12 07
IN SEQ BY WEED-KEY , THEN PARCEL FD IMPROVED
ZONE CITY CODE STREET ADDRESS PARCEL NO. KEY
WEED KEY C TOTAL IMPROVED/VACANT RECORDS D
WEED KEY C TOTAL IMPROVED RECORDS 5D
WEED KEY C TOTAL RECORDS 50
i
I
EXHIBIT 2
NOTICE TO DESTROY HAZARDOUS BRUSH, DRY GRASS, WEEDS,
COMBUSTIBLE GROWTH OR FLAMMABLE VEGETATION,
TO INCLUDE NATIVE AND ORNAMENTAL VEGETATION
NOTICE IS HEREBY GIVEN THAT ON the a of February, 2008 the City Council of Azusa
passed or will pass a resolution declaring that hazardous brush, dry grass, weeds,
combustible growth or flammable vegetation, to include native and ornamental vegetation,
were growing upon certain improved property as specifically described by parcel number in
i
the resolution, to constitute public nuisances which, after inspection by the County of Los j
Angeles Fire Department have been verified to be existing public nuisances and in violation of
the County of Los Angeles Fire Code(the "Fire Code') pertaining to clearance of brush and
vegetative growth. This brush and vegetative growth must be removed and the public
nuisance abated by the owner, or the County authorities will abate the public nuisance and the
cost of removal assessed upon the parcel, and such cost will constitute a lien upon the parcel
I
until paid. The City Council of the City of Azusa also authorized and directed the County of
Los Angeles Fire Department and the Agricultural Commissioner to recover their costs related
to the enforcement of the Fire Code. Reference is made to said resolution for additional
details.
I
i
i
i
I
i
I
C
All Parcel owners having any objection to the proposed removal of brush, dry grass,weeds,
combustible growth or flammable vegetation, to include native and ornamental vegetation, are
hereby notified that they may attend a meeting of the City Council of the City of Azusa to be
held in the Council Chamber of said city at 7:30 p.m. on February 19, 2008. If the property
owner does not want to present objections to the proposed removal of hazardous brush, dry
grass,weeds, combustible growth or flammable vegetation, to include native and ornamental
vegetation, or the recovery of enforcement and abatement costs, he/she need not appear at
the above-mentioned meeting(s).
City Clerk of the City of Azusa
i
SECTION 3. Hearing. Tuesday, the I Oh of February 2008, at the hour of 7:30 p..m., I
in the Council Chamber of the City, located at 213 East Foothill Boulevard, Azusa is fixed by
the City Council as the date, time, and place when and where any and all owners of Real
Property having any objections to the proposed removal of hazardous brush, dry grass,
weeds, combustible growth or flammable vegetation, to include native and ornamental
vegetation, may appear before the Brush Clearance Referee and show cause why said
I
hazardous brush, dry grass,weeds, combustible growth or flammable vegetation, to include
native and ornamental vegetation, should not be removed in accordance with this resolution.
I
The objections of the Real Property owners will then and there be heard and given due
consideration.
SECTION 4. Recovery of Costs. (a)The Chief and the Agricultural Commissioner
are hereby authorized and directed to recover abatement enforcement costs in a manner
consistent with prior action of the Board of Supervisors when they adopted an Administrative
Penalty, an Abatement Enforcement Cost, and an inspection fee for all Real Property when
i
the owner fails to comply with the second official notice to abate hazards on the Real Property
described in Exhibit 1 and identified during physical inspection by the County of Los Angeles l
Fire Department. The recovery of these costs is vital to the ongoing operation governing the
I
identification and abatement of those properties that constitute public nuisances and endanger
the public safety.
I
I
I
I
I
I
(b) The owners of the Real Property, upon which the public nuisance exists, shall be
presented, both in writing and during the above referenced hearing before the Brash
Clearance Referee, with information regarding the cost of inspection and abatement
enforcement_
The foregoing resolution was adopted on the day of
2008, by the City Council of the City of Azusa_
By
City Clerk of the City of Azusa
R
l
I
I
I
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCENE HAMILTON, CIN TREASURER
DATE: February 4, 2008
SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES
FOR THE MONTH OF DECEMBER 2007
RECOMMENDATION:
I
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 December 2007.
I
I
I
BACKGROUND:
I
I
Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City
of Azusa for the month of December 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.
i
I
FISCAL IMPACT:
i
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. j
i
i
I
I
f
CITY OF AZUSA TREASURER'S REPORT
reasury Checking Accounts and Certificates of Deposit December 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 1,387,609.00
4.067% Overland Sweep Account DDA 495-0041244 826,488.01
Worker's Compensation Checking 0606-050318 106,886.59
Flexible Reimbursement 0606-055036 16,795.03
Payroll Checking (ZBA account) 4159-281393 0.00
Police Petty Cash Fund 060-6050334 239.12
Section 108
1.610% Choice IV-Public Fund Account 410-0162239 30,612.37
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 311,892.03
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 11,027.62
100,000 06/29/09 4.200% Certificate of Deposit - 25467JG21 WFB 25467JG21 100,000.00
TOTALS 4,988,570.71
CITY OF AZUSA TREASURER'S REPORT
TREASURYINVESTMENTS December 31, 2007
Prepared by: Manana Hamilton,Treasurer
Coupon Maturity SedleI. Markel Prica
Broker' Face Amount Description Rate Dale Ac tiCusip No. Data Principal' (Changes Market Value•'
Monthly)
City of Azusa Investments - AAA Rated Federal Agency Bonds
Higgins 2,000,M001) FHLMCSD500222/O8 5050% 028208 312BX4H79 034&06 1996300.00 10D.0550M 20(11100.00
Gifford 2000000.01) FHLMC 3.625 V17/08 3.625% 04/17108 3128XMMB 04/17.3 1994000.00 99.718000 19M.WD00
Gilford 2000000.01) FHLB 3GOO 0&181OB 3.000% W/18M 31339XJA3 06115003 2W3125.00 99.313000 198828D.W
WFB 2,500,00D 00 FHLB 300007!14.0 3050% 07/14108 31339Y2X9 07/14/03 250000000 99.28105002.482025�000WFB 550000000 FHLB 40201121/00 4020% 1121/08 3133MYKV8 0521/03 500000000 99.875000WFB 200000000 FHLB 4.30007/14/09 4.300% 07/14.9 3133XCDO3 07/14/05 200000000 101.OWOM0Glllerd 200000000 FHLB 4.35000101M9 4.350% 09.1M9 3133X8CM 0931/O4 2000000.50 1000005000Gillen! 2000000.00 FHLB 4.20012115109 4.200% 12/15,109 3133X9N48 12/15.4 2001)000.50 101.18800000H" ins 200000.3 FHLB 5.5000528110 5.500% 0528!10 3133XFPV2 0.5130106 2000000.50 100.563000WGilford 2000000.50 FHL95.500 W25110 5.500% 06!25110 3133XLBS1 0]11111)7 1998040.50 100688000D
Gif.ad 103000.00 FHLB 5.5500828/12 5.550% 082&f0 31=1-Y 0828150 1000450.3 100,219090 1002190.00
Wachovia 2000000.00 FFCB475015015112 475D% 15015110 31331XBX5 102907 2002400.50 1WA06000 2050120.00
Wachovia 2050000.00 FHLB 5.1251124(10 5.125% 1124111) 3133X"S1 0524/0] 1995000.3 1W.938000 201875000
Himan, 205050000 I FHLMC 5.2500284111 5.250% 1)224!11 3128X4.56 06114.8 1902640.00 101.345000 2028950.3
Wachovia 2OW000.W FNMA5.750W.9111 5350% 06109/11 31359MPOO 00.9.6 2050000.00 1D0.65500D 2013120.00
Wachovia 2 (X)0.W FFCB 5.20010.3111 5.250% 10.3/11 31331X450 10.3.7 2OW WO.00 100.969001) 2019380.00
Wachovia 2000MD.01) FHLB 52501 N14111 5.2W% 10114111 3133XHET5 0509.7 19996W.W 101.063000 231260.50
Gilford 1000000.00 FHLMC 5.20010/1]111 5.200% 10/17/11 3128XBPM 15017.7 1050000.00 101.0350001Dl0.X0.50
Wachovia 100003.00 FHLB 4.95011/14!11 4.900% 11/14111 3133XMMB IVI M7 100082500 100.375000 1 W3750.W
Wachovia 100000000 FHLB 4.62512/19111 - 4625% 12/19/11 3133XNJ26 12/19!07 1500000.00 100.000000 1 W0000.M
Girard 13000000 FFCS 4.8501227111 4.850% 122]111 31331WD1 12114M7 1=O1)D.OD 1002080W 132080.00
H ins 2000000.00 FHLB 5.1253130112 5.125% 3=32 3133XKD44 omwo7 200000000 101.594000 203188(X50
Hi ins 2000000/)0 FHLB 5.2500521112 5.250% 0521/12 3133XKWM3 0521/07 2W000000 102.OMWO 2040000.00
Hi ins ZOM000.00 MM 5.2500529112 5.250% 0529112 3133XKUL7 1)82237 1999500.50 102.031WO 204082050
GilfoM 1050000.00 FHLB525G10i24/12Ste,,Up 5250% 1024112 . 3153XMNOO 1027107 9990W.W 100.531500 100531050
Higgins 205050000 FHLB 5.001)1100112 Sle,,-Up Ste,,-Up5.000% 1125012 3133XW87 1120107 2500050.50 100158500 20312000
GiMord 10300000 FHLB 500012118112 5.000% 1211&12 3133XNT58 4118.] 1000050.00 13.594000 103840.3
=TOTALS ..,50,500,00000 r ai -- _ _ .50,410,69000 .ma_a .. 60;179,503.00
Light d Water Rate Stablization Fund Investments - AAA Rated Federal Agency Bonds
WFB 300D 000.00 FHLB 3.500311208 3.500% 02/12.9 3133X3ND1 02112/50 30000W.00 99.8750D0 2996250.00
WFB 3000000.00 FHL84.301010813 4.500% 10.8.8 3133%1HZ3 1500&03 .3050000.00 9D 813050 299439(X00
WFB 321500000 FHL84.15004301. 4.150% &1.0.9 3133X60506 9m30104 3215000.00 101).031000 3215998.65
-'TOTALS '9211500000--, a� .. .:'. _ �'�"' _____'�- �a" --'� -..'.� 821500050 .' .' :.9206636.66
�ia LAIF ;,;LOCAL AGENCY INVESTMENT TdFU FUND 9:340% ,v WA :a -to�„TUA, .,,_,WA 1]]9935165 ;:11)0 5001)1)0 ti 149,351.65
{_WFB„ THIRD-PARTY CUSTODIAL TRUST-'ACG)•„ d290% ,..r NlA -,� ,= NIA ,u ae NIA t„= 150664831 e_L100000000, 1506648.31
TOTAL INVESTMENTS IN FEDERAL AGENCIES,/.AIF,and WFB INSTITUTIONAL TRUST 78,941,689.96 79,241,701.61
INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From July 1,2007) 1,719,263.48
'The'Principal'column reflects the balance on the last day 0 the month 0r the Tisloriral cost'spent to purchase a security.
"The'Market Value' is the anent pd.at w ich a security can be traded or sold.
I
Treasurer Repan DeUmber 2007 1113008 603PM
l
CITY OF AZUSA TREASURER'S REPORT OF INTEREST PAYMENTS
TREASURY INVESTMENTS Thru December 31, 2007
Prepared by: Marcene Hamilton,Treasurer
Scheduled Scheduled Interest
Face Amount NetAmount Coupon Maturity Acct/Cusip No. Payment 2007/2008 Semi-Annual Received
Rate Date Schedule Interest Payment Fiscal Year to
Earnings Amount Date'
City of Azusa Investments - AAA Rated Federal Agency Bonds
:
2,D00,000.00'- . 2;021;200.00 34,050%: ".-MATURED m �312BX36R9;;+= ,-9124&3/24 , x;40,500, .„ - 40,300! 40,500.00
2,000000:00`•:x. .2;000000.00 =5.050%•: MATURED, ,:-'3133XF4M5>: " =A 0111 &:4/11 .,,;;:50,500 :...'.50,500= 50,500.00
[1;000 000 001:, ,1`;000;000 00i `:A375% " n.MATURED., .€t3128X4NUJ,; ` :;10118`&-4118 ., r�'21 875 ::21 875' 21,875.00
X1;00000000 , . ; „ 24,500 "„24500: 24,500.00
2,000,000.00 2,004,997.22 5.050% 02/22/08 3128X4H79 8/22&2/22 101,000 y 50,500 50,500.00
.
1;0001000.00 ' ,1;001[841.67 =.5:300%'" `CALLED `)'3128X4Z61,"�t., ,10%11;'&'4/111 „¢26,500,... "°"26;500' 26,500.00
2,000,000.00 1,994,000.00 3.625% 04/17/08 3128X04M8 10/17&4118 72,500 36,250 36,250.00
2,000,000.00 2,003,125.00 3.000% 06/18/08 31339XJA3 12/19&6/19 60,000 30,000 `'--;:30;000:00
2,500,000.00 2,500,000.00 3.000% 07/14/08 1 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 &5/21 201,000 100,500 100,500.00
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 3133X8026 9/1 &3/1 87,000 43,500 43,500.00
2,000,000.00 2,000,000.00 4.200% 12/15/09 3133X9N48 12/15&6/15 84,000 42,000 .2 42,000J00
;1,000000.60.i:: ,, 1,000;0.0000 ;5.450°1°"" :CALLED 5/-1 '27:250'". .`27250 ,:-:`:`27,250': 27,250.00
2,000,000.00 2,000,000.00 5.500% 05/28/10 3133XFPV2 11/28&5/28 110,000 55,000 55,000.00
2,000,000.00 2,002,928.89 5.500% 06/25/10 3133XLBS1 12125&6/25 110,000 55,000 '•:s' ;55j000100
1,000,000.00 1,000,614.17 5.550% 08/28/10 3133XLY64 8/28&2/28 �?�27;750: 27,750
2,000,000.00 2,006,094.44 4.750% 10/15/10 31331X6X5 10/15&4/15 x 47,5.00 1 47,500
2,000,000.00 1,995,000.00 5.125% 11/24/10 3133XKVSI 11/24&5124 102,500 51,250 51,250.00
2,000,000.00 2,014,723.33 5.250% 02/24/11 3128X4N56 8/24&2/24 105,000 52,500 52,500.00
2,000,000.00 2,000,000.00 5.750% 06/09111 31359MP80 1219&6/9 115,000 57,500 57;500:00
2,000,000.00 2,000,000:00 5.200% 10/03/11 31331X4V7 10/3&4/3 ;1:'�?52;000' 52,000
2,000,000.00 2,006,891.67 5.250% 10/14/11 3133XHET5 10/14&4114 105,000 52,500 52,500.00
1,000,000.00 1,000,000.00 5.200% 10/17/11 3128X6PZ3 10/17&4/17 `1 26,000 26,000
2,000,000.00 2,000,000.00 5.125% 03/30112 3133XKD44 9130&3/30 102,500 51,250 51,250.00
2,000,000.00 2,023,708.33 5.250% 05/29/12 3133XKUL7 11129&-5129 105,000 52,500 52,500.00
2,000,000.00 2,000,000.00 5.250% 05/21/12 3133XKWM3 11121 &5/21 105,000 52,500 52,500.00
1,000,000.00 999,000.00 5.000% 10/24/12 3133XMNQO 10124&4/24 1* 25;000: 25,000
2,000,000.00 2,000,000.00 5.000% 11/20/12 3133XMZ87 11/20&5120 X=4501000 50,000
1,000,000.00 1,004,436.11 4.900% 11/14/11 3133XN6M6 11/14&5/14 --'>1*L-. 124;500, 24,500
1,000,000.00 1,000,000.00 4.625% 12/19/11 3133XNJ26 12/19&6/19 t1'-:23,125' 23,125
1,000,000.00 1,000,000.00 5.000% 12/18/12 3133XNT58 12/18&6/18 Vs V- 25,000. 25,000
1,000,000.00 1,000,000.00 4.850% 12/27/11 31331YKD1 12/27&6127 Yom'91-24;250 24,250
... .::. ... . .... , . .3. . .".,..,;; .........,.. '." 22.42 750. .. ,.:1 00
379,5110 :.,_1 054;37,5.
Light&Water Stablization Fund Investments-AAA Rated Federal Agency Bonds
3,000,000.00 3,000,000.00 3.500% 02/12/08 3133X3ND1 8/12&2/12 1 105,000.00 1 52,500.00 I 52,500.00
3,000,000.00 3,000,000.00 4.000% 10/06/08 3133X1HZ3 1018&4!8 120,000.00 60,000.00 60,000.00
3,215,000.00 3,215,000.00 4.150% 04/30/09 3133X6AW6 10130&4/30 133,422.50 66,711.251 66,711.25
,..,9;2-15000.00,a j,358,42250 �.,.'IZ9,21125 ...x.179,211.25
Local Agency Investment Fund-Liquid Asset
17749 351 65 4 340/° +NIA N/A Quarte[I Per Balance and Rate - • "
ed, - ,..,,.,. .... .. ... ..,_..° ". .�. .....,:. ,.....,., Y 38730675;"
Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset
648 31Quarterly !_Balanoe and Rate .'98 370 48
TOTAL INTEREST EARNED YTD 1,719,263.48
'Fiscal Year; July 1 -June 30
I
{'4L7ftJR�'`P
a .Y
1
I
CONSENT CALENDAR
I
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/CFO
VIA: F.M. DELACH, CITY MANAGER AV)
DATE: FEBRUARY 4, 2008
SUBJECT: CAPP CONTRACT EFFECTIVE AUGUST 1 , 2007 THROUGH JULY 31, 20101
RECOMMENDATION
It is recommended that City Council approve the Civilian Association of Police
Personnel (CAPP) contract dated August 1, 2007 through July 31 , 2010.
i
BACKGROUND
I
Beginning in July of 2007, City Administration began negotiations with CAPP. After
months of negotiations, CAPP and the City came to agreement for a three year
contract. 4
A summary of the proposed changes to the current CAPP Memorandum of
Understanding includes:
I
i
• Cost of living increases as follows:
o August 1 , 2007 3.5%
o August 1 , 2008 3.5%
o August 1 , 2009 3.5% I
Additional market salary adjustments for dispatcher positions as follows: I
I
o August 1 , 2007 2.5%
o August 1 , 2008 1 .5%
o August 1 , 2009 0.5%
• Increase in Flexible Benefit Plan as follows:
I
I
I I
I
r`
Effective January 1, 2008, the City will maintain the FBP at one thousand one hundred
thirty seven dollars ($1,137.00) per month for each employee. This plan can be used
by the employee to pay, to the extent available, for qualified benefits as determined
by the IRS. The employee understands that, in the event the total premiums and/or
expenses for qualified benefits selected by him/her exceed the amount of the FBP, the
excess shall be deducted from pre-tax wages of the employee.
Effective January 1 , 2009, the City will increase the Flexible Plan contribution in an
amount equal to the average percentage increase for the basic plan premium for
Health Maintenance Organizations (HMOs) under the CalPERS insurance program,
not to exceed 8 percent.
Effective January 1 , 2010, the City will increase the Flexible Plan contribution in an
amount equal to the average percentage increase for the basic plan premium for
Health Maintenance Organizations (HMOs) under the CaIPERS insurance program,
not to exceed 8 percent.
Please see attached MOU for more details.
Staff recommends Council approve this Memorandum of Understanding.
FISCAL IMPACT
Finance estimates the General Fund cost of these changes to be approximately
$68,782 this fiscal year and $195,380 for the three year agreement.
f
I
4
MEMORANDUM OF UNDERSTANDING
BETWEEN
I
THE CITY OF AZUSA
AND THE
CIVILIAN ASSOCATION OF POLICE PERSONNEL j
EFFECTIVE AUGUST 1 , 2007 THRU JULY 31 , 2010
i
I
i
f
f
I
i
I
I
I
f
I
j
i
i
TABLE OF CONTENTS
1. TERM........................................................................................................................................................................................ 1 '
2. IMPLEMENTATION- 1
3. MAINTENANCE OF EXISTING BENEFITS............................................................................................................................ 1
4. NON-DISCRIMINATION.......................................................................................................................................................... 1
5. REOPENER.............................................................................................................................................................................2
6. SAVINGS CLAUSE..................................................................................................................................................................2
7. SEPARABILITY........................................................................................................................................................................2
8. TOTAL COMPENSATION...................................................................................................................:...................................2
9. - CITY RIGHTS...................................................................................................................................................................:.......2
10. WORKWEEK AND TIMEKEEPING INTERVAL.....................................................................................................................3
11. SALARY...................................................................................................................................................................................4
12. ADDITIONAL COMPENSATION/PREMIUM PAY................................................................................................................5
12.1. Bilingual Pay.............................................................................................................................................................5
12.2. Callback .................................................................................................................................................:.................5
12.3. Court Time................................................................................................................................................................5
12.4. Deferred Compensation(Employer Paid)................................................................................................................5
12.5. Longevity Pay...........................................................................................................................................................5
12.6. Overtime/Compensatory Time.................................................................................................................................6
12.7. Shift Differential.................................................................................................................................:......................6
12.8. Training Pay..............................................................................................................................................................6
12.9. Uniform Allowance...................................................................................................................................................7
13. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM..............................................................................7
14. DAMAGE TO PERSONAL EFFECTS...............................................................:.....................................................................7
15. EMPLOYEE ASSISTANCE PLAN.....................................................
......................................................................................7
16. FLEXIBLE BENEFIT PLAN.............................................................................................................:.......................................7
16.1. Definition.............................................................................................................................................................:.....7
16.2. Amount of Monthly Benefit.......................................................................................................................................7
16.3 Yearly Increase.........................................................................................................................................................8
16.4. Eligibility....................................................................................................................................................................8
16.5. Termination...............................................................................................................................................................8
17. LEAVE TYPES.........................................................................................................................................................................8
17.1. Bereavement Leave.................................................................................................................................................8
17:2. Holidays ..........................................................................................................................................................9
17.3. Industrial Leave........................................................................................................................................................9
17.4. Sick Leave.............................................................................................................................................................. 10
17.5. Vacation.................................................................................................................................................................. 13
18. LICENSE RENEWAL............................................................................................................................................................. 13
19. LIFE INSURANCE................................................................................................................................................................. 13
20. LONGTERM DISABILITY INSURANCE..............................................................................................................................13
21. RETIREMENT.....................................:..................................................................................................................................14
22. TUITION REIMBURSEMENT..................................... .......................................................................................................... 15
23. FLEXIBLE STAFFING POSITIONS ...................................................................................................................................... 16
24. JOB SHARING........................................................................................................................................................................ 16
25. POLICIES............................................................................................................................................................................... 17
26. LAYOFF.................................................................................................................................................................................. 17
I
i
I
MEMORANDUM OF UNDERSTANDING
Between f
THE CITY OF AZUSA
and
THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL
August 1, 2007 through July 31, 2010
I
This Memorandum of Understanding is entered into with reference to the following facts:
(1) The Civilian Association of Police Personnel (CAPP) (hereinafter referred to as "Association") is the
recognized employee organization representing those personnel (hereinafter referred to as "employees")
employed by the various departments of the City of Azusa(hereinafter referred to as"City'),and occupying the
classifications as listed in Exhibit"A" attached hereto;
(2) In the interest of maintaining harmonious relations between the City and those employees represented bythe
Association,authorized representatives of the City and the Association have met and conferred in good faith,
exchanging various proposals concerning wages, hours and other terms and conditions of employment to
affected employees.
I
(3) The authorized representatives of the City and the Association have reached an understanding and agreement
as to certain changes in wages, hours and other terms and conditions of employment of the affected
employees which shall be submitted to the City Council of the City for approval and implementation of these
changes by appropriate ordinance, resolution, or other lawful action. j
i
Therefore, the City and the Association agree that, subject to approval and implementation by the City Council of the
City, the wages, hours and other terms and conditions of employment for all affected employees shall be altered as
follows:
I
1. TERM
The term of this Memorandum of Understanding (MOU) shall commence August 1, 2007 and shall continue in full
force and effect until July 31, 2010
2. IMPLEMENTATION G
I
This document is subject to approval of the City Council of the City of Azusa, and following such approval shall be
implemented by appropriate resolution(s) or ordinance(s)of the City Council.
I
3. MAINTENANCE OF EXISTING BENEFITS
Except as provided herein,all wages, hours and economic terms and conditions of employment presently enjoyed by
employees shall remain in full force and effect during the entire term of this document unless mutually agreed to the
contrary by both parties hereto. I
4. NON-DISCRIMINATION
4.1. Protection of Rights
I
The City and the Association shall recognize and protect the rights of all employees hereby to join�and/or
participate in protected Association activities or to refrain from joining or participating in protected activities in
accordance with Government Code Section 3500, et seg.
I
4.2. Anti-Discrimination
i
The City and the Association shall not discriminate against any employee because of race, color, sex, age,
national origin, political or religious opinions or affiliations. The City and the Association shall reopien any
provisions of this Agreement for the purpose of complying with any final order of the federal or state agency or
1
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2010
court of competent jurisdiction requiring a modification or change in any provision or provisions of this document
in compliance with state or federal anti-discrimination laws.
5. REOPENER
Should No. 6 render invalid any provision of this document, then meet-and-confer session(s) shall immediately
commence in the effort to agree upon replacement(s)for such invalidated provisions(s).
6. SAVINGS CLAUSE
Should any State or Federal law mandate the loss of revenue to the City as a result of the implementation of any
clause of this document, or should any State or Federal law render a clause(s) of this document invalid, then those
changes alone shall not be given effect and the remainder of this document standing shall be unaffected and shall
remain in full force and effect.
7. SEPARABILITY
Should any provisions of this document be found to be inoperative, void,or invalid by a court of competent jurisdiction,
all other provisions of this document shall remain in full force and effect for the duration of this document.
8. TOTAL COMPENSATION
As a matter of philosophy,the City recognizes that compensation consists of terms and conditions of employment other
than those represented solely by salary. Further,the City recognizes that the changes in wages,hours and other terms
and conditions of employment as set forth in this document constitute additions to the total compensation received by
affected employees.
9. CITY RIGHTS
9.1. Management Rights
The City reserves, retains and is vested with, solely and exclusively,all rights of Management which have not been
expressly abridged by specific provision(s)of this document or by law to manage the City, as such rights existed
prior to the execution of this document. The sole and exclusive rights of Management,as they are not abridged by
this document or by law, shall include, but not be limited to, the following:
9.1.1. To manage the City generally and to determine the issues of policy.
9.12. To determine the existence or non-existence of facts which are the basis of the Management
decision.
9.1.3. To determine the necessity and organization of any service or activity conducted by the City and
expand or diminish services.
9.1.4. To determine the nature, manner, means and technology and extent of services to be provided to
the public.
9.1.5. To determine methods of financing.
9.1.6. To determine types of equipment or technology to be used.
9.1.7. To determine and/or change the facilities,methods,technology,means and size of the work force
by which the City operations are to be conducted.
9.1.8. To determine and change the number of locations, relocations and types of operations,
processes and materials to be used in carrying out all City functions including, but not limited to,
the right to contract for or subcontract any work or operations of the City.
2
4
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2010
i
i
9.1.9. To assign work to and schedule employees in accordance with requirements as determined by
the City and to establish and change work schedules and assignments.
9.1.10. To relieve employees from duties for lack of funds or lack of work or similar non-disciplinary
reasons.
9.1.11. To establish and modify productivity and performance programs and standards.
i
9.1.12. To discharge, suspend, demote or otherwise discipline employees for proper cause.
r
9.1.13. To determine job classification and to reclassify employees.
9.1.14. To hire,transfer, promote or demote employees for non-disciplinary reasons in accordance with
this document and applicable Resolutions and Codes of the City.
9.1.15. To determine policies, procedures and standards for selection, training and promotion of
employees.
I
9.1.16. To establish employee performance standards including, but not limited to, quality andquantity
standards and to require compliance therewith.
9.1.17. To maintain order and efficiency in its facilities and operation.
9.1.18. To establish and promulgate and/or modify rules and regulations to maintain order and safety in
the City which are not in contravention with this Agreement.
9.1.19. To take any and all necessary action to carry out the mission of the City in emergencies.
9.2. Conformance with Rules
The City shall have the right to exercise the rights provided in sections 9.1.8 through 9.1.16.of the Management
rights clause, in accordance with the Personnel Rules and Regulations and shall exercise these rights in
conformance with the Personnel Rules and Regulations.
9.3. Meet and Confer
Except in emergencies, or where the City is required to make changes in its operations because of the
requirements of law,whenever the exercise of Management's rights shall impact on employees of the bargaining
unit, the City agrees to meet and confer with representatives of the Association regarding the impact of the
exercise of such rights, unless that matter of the exercise Of such rights is provided for in this document, or in
Personnel Rules and Salary Resolutions and Administrative Code(s)which are incorporated in this document. By
agreeing to meet and confer with the Association as to the impact and the exercise of any of the foregoing City
Rights, Management's discretion in the exercise of these rights shall not be diminished.
10. WORKWEEK AND TIMEKEEPING INTERVAL
10.1. Workweek
i
The regular workweek for all employees covered by this document shall be forty (40) hours for a seven'(7) day
period beginning at 12:01 a.m. each Sunday and consists of four (4) days a week and ten (10) hours per day.
Daily hours of work or shifts for employees within departments shall be assigned by the department head, as
required to meet the needs of the department.
3
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2010
10.2. Workday
The workday will consist often (10)hours with fifty(50)minutes for lunch and breaks to be scheduled in light of the
departmental policy.
(Revisions to the existing lunch and break times, if any,will need to be worked out with the Chief of Police)
The City reserves the right to determine the beginning and ending times of the work day.
10.3. Timekeeping Interval
In compliance with FLSA,the minimum timekeeping interval shall be fifteen(15)minutes. Periods of time of seven
(7) minutes or less shall be rounded down and periods of time of eight(8) minutes or more shall be rounded up.
With concurrence of the Chief of Police and CAPP,the City will consider a 3/12.5 scheduling trial period during this
MOU for Dispatchers providing the schedule change is at least cost neutral. The City and bargaining group
representatives will meet to work out the details of this schedule change if necessary.
11. SALARY
11.1 Salaries Effective 8-1-2007
The current base monthly salary of employees in the unit covered by this MOU are set forth in"Exhibit A."
11.2 Cost of Living Increases
11.2.1 Effective August 1, 2007, each employee shall receive a cost of living increase in the base
monthly salary of 3.5%.
11.2.2 Effective August 1, 2008, each employee shall receive a cost of living increase in the base
monthly salary of 3.5%.
11.2.3 Effective. August 1, 2009 each employee shall receive a cost of living increase in the base
monthly salary of 3.5 %.
11.3 Market Adjustment
11.3.1 Effective August 1,2007 the classification of Police Dispatcher shall receive a market adjustment
to the base monthly salary of 2.5%, for a total annual increase of 6%.
11.3.2 Effective August 1, 2008 the classification of Police Dispatcher shall receive a market adjustment
to the base monthly salary of 1.5%, for a total annual increase of 5%.
11.3.3 Effective August 1,2009 the classification of Police Dispatcher shall receive a market adjustment
to the base monthly salary of.5%, for a total annual increase of 4%.
11.4. Automatic Payroll Deposit
The City will continue to offer Automatic Payroll Deposit in cooperation with any bank that utilizes the Automated
Clearing House service.
12. ADDITIONAL COMPENSATION / PREMIUM PAY
4
i
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2010
12.1. Bilingual Pay
The City shall pay an additional $100 per month to personnel demonstrating a proficiency in the Spanish
language if they are assigned and required to speak and translate the Spanish language in performance,of their
duties. An additional payment of$100 per month shall be paid to those who are proficient in written Spanish as
well.
Such payment is conditional upon demonstration of Spanish language proficiency by a qualified third-party
examiner mutually agreed upon by both the City and the Association.
Employees may apply for bilingual pay at any time; however, examinations shall be conducted semi-annually.
12.2. Callback Pay
If an employee is required to be called back to work after completing his or her normal shift or after having left
City premises or the employee's work location, the employee shall be compensated at the appropriate rate for
each hour worked on Callback with a minimum of (2) hours Callback compensation at the appropriate rate,
regardless of whether the employee actually works less than two(2)hours. This provision shall be applicable to
an employee even though the employee's regular work week is not complete but shall not apply to an employee
who is continuing on duty for his/her normal work shift. For the purposes of this section only,the time starts when
the Callback call is received by the employee.
12.2.1. Appropriate Rate of Pay for Callback
The rate of pay for Callback shall be at one and one-half (1'/z) times the normal rate of pay except
between 12 midnight and 5 a.m., the first call shall be compensated at double-time (2) rate. IFor the
purposes of this section only, the time period to be used in computing whether a callback is the first
callback shall be from 4:00 p.m. to 4:00 p.m.the next calendar day. All other callbacks during th:e same
twenty-four(24) hour period shall be compensated at the double-time (2) rate.
12.3. Court Time
I
The minimum court appearance time shall be four (4) hours per day. Court time is applicable only for court
appearances scheduled during off-duty hours.
I
12.4. Deferred Compensation (Employer Paid)
The City shall provide $45 per month in deferred compensation to each employee,
12.5. Longevity Pay
The monthly longevity pay for employees who have completed the specified years of full-time City
service shall be in accordance with the following schedule.
7 yrs = $80
10 yrs = $100
15 yrs = $175
20 yrs = $250
Notwithstanding the foregoing, employees currently receiving a higher dollar amount of longevity pay
than the amount provided for above shall continue to receive the higher dollar amount until eligible for
an increase based on the schedule set forth above.
I
I
r
5
I
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2010
12.6. Overtime/Compensatory Time
Employees shall be entitled to Overtime Payor Compensatory Time off for all hours worked in excess of ten(10)
hours in one work day or forty (40) hours within the employee's regular work week. For the purposes of this
document, Holiday Pay, Sick Leave, and other Compensated Time off shall count for the hours. Compensatory
Time may be accumulated at the appropriate rate for each hour of overtime worked to a maximum accrual of two
hundred forty(240) hours.
Overtime Pay or Compensatory Time off for Overtime Pay shall be accumulated in no less than fifteen minutes
per day increments. When an employee works less than fifteen minutes per day of overtime,the employee shall
not receive Compensatory Time for such overtime.
In order to be entitled to any compensation for overtime hours worked, such overtime work must have been
authorized by the department head or the City Manager. Accumulated compensatory time not taken off in the pay
period in which it was earned, may be carried over to a maximum of two hundred forty(240) hours.
12.6.1 Overtime Meal Policy
12.6.1.1 Beyond Regular Shift
When an employee is required to work continuous, unplanned overtime beyond his or her
regular shift, he or she shall be provided with a meal and time to eat the meal no more than two
hours after the commencement of such work and no less frequently than every four hours
actually worked thereafter or he or she shall receive a meal reimbursement of nine dollars($9)
for each such period.
12.6.1.2 Outside of Regular Shift
When an employee is required to perform scheduled or unscheduled work outside of his or her
regular work hours, as a result of an emergency situation, he or she shall be provided with a
meal and the time to eat the meal no less frequently than every four (4) hours or a meal
reimbursement of nine dollars ($9)for each such four(4) hour period.
12.6.1.3 Before 5 a.m.
In the event that an employee is summoned to work before five o'clock in the morning(5 a.m.)
and is required to continue to work into his or her regular shift on the same task that he or she
was summoned for, he or she shall be provided with a meal and time to eat the meal no less
frequently than every four(4)hours or a meal reimbursement of nine dollars($9)for each such
four(4) hour period.
12.7. Shift Differential
Persons assigned to work the following shifts will be compensated as follows:
Swing Shift: additional $.52 per hour
Morning Shift: additional $1.04 per hour
Swing Shift is generally considered to be 1500 to 0100; Early Morning Shift is generally considered to be 2200 to
0800; any shift that includes at least one-half of either of these shifts shall receive shift differential for the entire
shift. Shift differential pay will not apply to individuals who are working either of the above shifts on an overtime
basis, on a shift exchange or when called out due to an emergency.
12.8. Training Pay
6
i
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2010
Association employees shall receive Training Pay at the rate of five percent(5%) in addition to base sala y while
assigned to train a person to perform the functions of their respective divisions.
I
12.9. Uniform Allowance
The City agrees to provide a Uniform Allowance of seven hundred sixty dollars per year($760), which shall be
paid in November, for all employees who are required to wear or maintain a uniform.
13. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM
13.1. The Computer and Home Exercise Equipment Loan Plan described below shall be made available to full
time regular employees. Eligibility is limited to employees who have completed their initial probation
period with the City.
13.2. The equipment configuration shall be appropriate to the employee's position and career with the City.
13.3. It is the employee's responsibility to negotiate the price for the equipment and to bring a copy of the
order/quote to the City for approval prior to purchase. !
i
13.4. The employee shall complete a Promissory Note provided by Finance. The City will fund the loan on an
interest free basis. Loan payments must be by payroll deduction. Each loan payment period shall not
exceed two years and the aggregate value of all loan(s)shall not exceed $5,000 per employee. In order
for an employee to receive a loan under the Plan for equipment upgrades for purchase of equipment
components, the employee must certify that he/she already owns the remaining components regi fired to
constitute a computer system. i
13.5. Any remaining loan balance must be paid in full at time of separation of employment. Payment will be
made directly and/or by deduction from the last paycheck. In the event an outstanding balance remains,
the employee is responsible for making payment arrangements. The failure to make full payment will
obligate the employee to pay the City s attorneys fees in any restitution process.
14. DAMAGE TO PERSONAL EFFECTS
If, in the course of business, an office employee's personal clothing or effects is accidentally damaged or destroyed,the
employee may submit a claim for reimbursement up to one hundred dollars($100)to the department head or his or her
designee. The department head or his or her designee shall have the authority to investigate the claim and
recommend to the City Manager, or his or her designee,to pay the full amount of the claim,deny the claim,or apportion
the claim based on normal wear and tear of the item and/or the extent of the employee's negligence in following proper
safety procedures. It is expressly understood that stockings and socks are exempt from this procedure. It is further
expressly understood that prescription eye glasses or contact lenses and hearing aid devices are exempt from the one
hundred dollar ($100) limit. I
I
15. EMPLOYEE ASSISTANCE PLAN
i
The City will continue to maintain the Employee Assistance Plan.
I
16. FLEXIBLE BENEFIT PLAN
16.1. Definition I
Effective August 1, 1993, the City's existing Cafeteria Benefit Plan (CBP)was converted to an IRS Section 125
Flexible Benefit Plan (FBP) administered by either the City or its designee. i
r
16.2. Amount of Monthly Benefit
7
i
I
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2010
Effective January 1, 2008, the City will maintain the FBP at one thousand one hundred thirty seven dollars
($1,137.00)per month for each employee. This plan can be used by the employee to pay,to the extent available,
for qualified benefits as determined by the IRS. The employee understands that, in the event the total premiums
and/or expenses for qualified benefits selected by him/her exceed the amount of the FBP, the excess shall be
deducted from pre-tax wages of the employee.
16.3 Yearly Increase
Effective January 1, 2009, the City will increase the Flexible Plan contribution in an amount equal to the
average percentage increase for the basic plan premium for Health Maintenance Organizations (HMOs)
under the CaIPERS insurance program, not to exceed 8 percent.
Effective January 1, 2010, the City will increase the Flexible Plan contribution in an amount equal to the
average percentage increase for the basic plan premium for Health Maintenance Organizations (HMOs)
under the CaIPERS insurance program, not to exceed 8 percent.
16.4. Eligibility
In order for an employee to be eligible for the FBP in any given month, he/she must be on payroll on the first work
day(excluding recognized paid City holidays) of that month.
A new employee will be eligible for the full FBP applicable to his/her bargaining unit if he/she begins work on the
first work day(excluding recognized paid City holidays)of the month. An employee whose date of hire is on the
second work day(excluding recognized paid City holidays) of the month or thereafter will not be eligible for the
FBP for that month.
If an employee does not meet the qualifying work time in any given month,arrangements must be made with the
Finance Department to reimburse the City for any benefits that have already been paid out on the employee's
behalf for that month. The Finance Department will notify the employee if he/she has not met the qualifying work
time for eligibility for the FBP.
16.5. Termination
The City will not be responsible for payment of any qualified benefits on behalf of the employee following the
month of termination. If an employee represented by the Association wishes to continue his/her qualified benefits,
advance payment for such qualified benefits will be deducted from the employee's final pay.
For the purposes of clarification,this language means that existing employees will receive FBP for their last month
of employment even if they work just one work day into that last month.
17. LEAVE TYPES
17.1. Bereavement Leave
An employee may be permitted to take up to forty(40)hours of Bereavement Leave in the event of the death of a
member of his or her immediate family. "Immediate family" member is herewith defined as a mother, father,
brother, sister, domestic partner, child, mother-in-law, father-in-law, grandparents or relative living within the
employee's household. Person in loco parentis may also be considered under certain circumstances. Such leave
shall not be charged against the employee's Sick Leave or Vacation Leave. In addition to Bereavement Leave,an
employee may request up to twenty (20) hours of Sick Leave in the event of the death of an immediate family
member. Such leave shall not be charged against the employee's accrued Sick Leave balance and shall be
considered in calculating his or her ability to convert the balance.
8
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2010
i
17.2. Holidays
17.2.1. Designated Holidays f
f
The employee shall receive time off with pay for the following holidays but only if the employee is paid for
the workday that precedes or follows the holiday. If a holiday falls on an employee's scheduled;day off,
the employee shall receive the holiday on the next scheduled business day. j
The dates upon which these holidays shall be observed are listed below:
Holiday Schedule Month x 200720082009 „
{ fi 2008 2009, 1 - 2010 T?
Independence Day July 7* 6' S'
I
Labor Day Sept 3* 1* 7*
Columbus Day Oct 8* 13* 12*
I
Veteran's Day Nov . 12* 11 11
Thanksgiving Day Nov 22 27 26
Christmas Day Dec 25 25 28*
New Year's Day Jan 1 1 4*
Martin Luther King Day Jan 21* 19* 18*
President's Day Feb 18' 16* 15*
Memorial Day May 26* 25* 31*
*=Mondays
17.2.2. Floating Holidays
The City and the Association agree to two floating holidays of ten (10) hours each. All floating holidays
shall be requested in advance from the appropriate department head or division chief. Enough employees
shall remain at work during floating holidays so that the City's business may be conducted. Floating
holidays shall accrue on July 1 and must be taken by the following June 30, or the hours will be forfeited.
I
17.3. Industrial Leave
I
A regular employee who is temporarily or permanently incapacitated as a result of injuryor illness determined to be
compensable under the Workers'Compensation Act shall be granted Industrial Leave under the following terms
and conditions:
17.3.1. An employee granted industrial Leave shall continue to be compensated at his regular rate of
pay in lieu of temporary disability payments.
i
17.3.2 Should it be determined that an employee's illness or injury did not arise in the course of the
employee's employment with the City or that the employee is not temporarily or permanently
incapacitated or disabled as a result of the injury or illness, then the employee's accrued or, if
9
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2010
insufficient,future Sick Leave shall be charged to reimburse the City for any payments made to
the employee pursuant to 17.3.1 above.
17.3.3 An Industrial Leave of up to ninety (90) calendar days shall be authorized for each injury or
illness determined to be compensable under the Workers'Compensation Act. Paid leave may
be continued subject to review by the City Council at the end of such ninety(90)calendar day
period to a maximum of nine(9)months. Supporting medical documentation must accompany
such requests for leave and be submitted thirty(30)days prior to expiration date.
17.3.4 After 90 calendar days
Employees who are disabled because of a work related illness or injury receive Industrial Leave
pay in lieu of Total Temporary Disability payments and may supplement these payments with
sick leave, vacation leave or compensatory time off they have earned. If deemed temporarily
totally disabled or permanently disabled and unable to return to work,employees may applyfor
Long Term Disability.
17.3.5 Prior to the end of the nine(9)months of paid leave pursuant to this section,the employee may
apply for benefits under the City's long-term disability plan. If the employee is qualified to
receive benefits under the disability plan, Vacation and Sick Leave shall accrue, and the City
shall continue to pay benefits under the City's Flexible Benefit Plan and CalPERS so far as
required by law for such employee for an additional three (3) month period. An employee
receiving long-term disability may be eligible to return to work on or before three (3) months
from the time employee began receiving long-term disability benefits. The employee shall
notify the department head as soon as practicable as to whether he or she will be returning to
work prior to the expiration of the three-month period in which the employee has been on long
term disability.
17.3.6 Except as provided in 17.3.2, no employee shall have accrued sick leave deducted while on
industrial leave.
Vacation and Sick Leave shall accrue for an employee on Industrial Leave.
17.3.7 Industrial Leave shall expire when one of the following conditions occurs:
17.3.7.1 Employee is able to return to work to his regular position.
17.3.7.2 The day before the employee is retired or separated for disability. The employee's
"retirement date"shall be the first of the month after all of the following occur and
are determined by the Public Employees' Retirement System:
17.3.7.3 The employee's condition is determined to be permanent or of an extended
duration.
17.3.7.4 The degree of disability precludes continued employment by the employee in
his/her present position.
17.3.7.5 After thirty-nine (39)weeks of industrial disability payments.
17.3.8 Physicians may be assigned in compliance with the Health and Safety Code and the Workers'
Compensation Laws of the State of California(Ref.: Section 4600 - Labor Code.)
17.4. Sick Leave
Sick Leave shall not be construed as a right,which an employee may use at his or her discretion,but shall
be allowed only in case of necessity or actual sickness or disability. Sick Leave must be exhausted before
Compensatory Time off or Vacation Leave may be used for sick leave reasons.
10
i
4
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2010
Sick Leave may be taken during the probationary period but only in such amount as the employee would
have earned if on permanent status. If the employee does not become permanent, all paid sick leave
must be reimbursed to the City at the time of termination of employment or it shall be deducted from the
employee's final paycheck.
The Finance Department will analyze and report to the employees the amount of Sick Leave earned less
the amount used, and the net accrued during the calendar year. j
17.4.1. Reasons for Use of Sick Leave
Sick leave shall be granted for the following reasons:
17.4.1.1 Personal illness or physical incapacity.
17.4.1.2 The illness of a member of the employee's immediate family(father,mother,sister
or brother), or members of the employee's household (husband, wife, and
children)that require the employees' personal care and attention.
17.4.1.3 Enforced quarantine of the employee in accordance with Health Department
regulations.
17.4.1.4 Medical,dental, and optical appointments.
17.4.1.5 Personal Business not to exceed a maximum of thirty(30) hours during Iny one
(1) year. Personal Business means those items of personal business that can
only be taken care of during regular working hours of the employee. Employees
must provide advance notice for Personal Business Leave whenever possible.
Personal Business Leave shall be approved or disapproved by the department
head in accordance with this section.
Departments are to use the earning code PB for this purpose. Personal Business
shall be debited against the employee's Sick Leave balance but Sick Leave taken
as Personal Business Leave shall not betaken into consideration for the purposes
of the Sick Leave Cash-In program or with regard to employee performance
evaluations.
17.4.2 Restrictions on Sick Leave
17.4.2.1 Disability arising from any sickness or injury purposely self-inflicted.
17.4.2.2 Sickness or disability sustained while on leave of absence, other than iregular
Vacation Leave.
i
I
17.4.2.3 Disability or illness arising from compensated employment other than with the City.
17.4.2.4 Sick leave use under Section 17.4.1.2 shall be limited to twelve days per year;
except that up to twelve weeks per year(running concurrently with family medical
leave) may be approved by the department head when treatment of a 'relative
covered under Section 17.4.1.2 has an illness, injury, or condition,which inay be
expected to be of long duration, has no reasonably date of termination and
requires continuous or intermittent care by the employee.
i
11
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2010
17.4.3. Accrual and Use
Sick leave with pay shall accrue to employees at the rate of ten hours per month for each calendar month
of paid employment,with unlimited accumulation. Sick leave shall not be taken in units of less than one-
half hour.
17.4.4. Sick Leave During Vacation
If an employee becomes ill or injured while on vacation, he or she may, by completing a Leave Request
Form, use accrued sick leave time in lieu of vacation time for the period of disability.
17.4.5. One-Fourth Conversion
If the employee has used more than three, but not more than six days of sick leave, not including time
spent on personal business or bereavement; he or she would have the following options:
17.4.5.1 Carry over the accrual and add it to his or her sick leave balance.
17.4.5.2 Convert,only to the extent that his/her balance is more than zero at the beginning
of the new year,one-fourth of the accrual to vacation or convert one-fourth to cash
(but no combination of these two); unused, unconverted leave would then be
added to the employee's sick leave balance.
17.4.6. One-Third Conversion
If the employee has used no more than three days of sick leave, not including time spent on personal
business or bereavement, he or she would have the following options:
17.4.6.1 Carry over the accrual and add it to his or her sick leave balance.
17.4.6.2 Convert,only to the extent that his/her balance is more than zero at the beginning
of the new year, one-third of the accrual to vacation or convert one-third of it to
cash (but no combination of these two); unused or unconverted leave would then
be added to the employee's sick leave balance.
17.4.7. Conversion to Cash upon Retirement or Separation
The employee may convert fifty percent (50%) of his or her accrued Sick Leave balance to cash upon
death (provided he or she has attained permanent status); disability retirement (provided he or she has
been employed by the City a minimum of five(5)years); or voluntary retirement (provided he or she has
been employed by the City a minimum of ten (10)years.
Upon separation for other reasons, the employee may convert fifty percent(50%)of his or her accrued
Sick Leave balance to cash for hours in excess of three hundred twenty (320) hours to a maximum
payment of two hundred forty(240) hours.
17.4.8. Conversion to Service Credit Upon Retirement
Pursuant to the terms of the City's contract, as amended,with the Public Employees'Retirement System,
upon voluntary retirement, the employee may convert 100% of his or her accrued Sick Leave balance,
less any amount converted to cash under the provisions of Section 17.4.7., to retirement service credit.
12
i
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2010 i
17.4.9. Conversion Deadline
A decision to convert Sick Leave according to the policies stated shall be made by March 31.
17.5. Vacation Leave
17.5.1. Required Usage and Carryover
An employee shall be required to use one half('/)of his/her annual vacation accrual yearly and I all be
able to carry over one half('/I)of one year's vacation accrual from one year to the next, cumulatively,up to
a maximum of fifty two(52)times the then-current pay period rate of vacation accrual. Vacation accrual in
excess of the aforementioned maximum shall be paid off in four equal annual payments during the term of
this MOU;and future accrual,which exceeds the aforementioned maximum,shall be paid to the employee
as it is accrued'. In special cases where it has not been possible, due to work load and other factors,for
the employee to use his/her vacation before reaching the maximum, it shall be within the dept rtment
head's authority to authorize cash payment in lieu of time off.
17.5.2. Cash-In Policy
All employees shall be allowed to cash in one-half('/) of the annual vacation accrual per year ii lieu of
carrying it over.
17.5.3. Accrual
i
Vacation leave shall accrue as follows:
Through the 4th year of employment.........90 hours per year
Through the 5th year of employment.......120 hours per year
Through the 6th year of employment.......128 hours per year
Through the 7th year of employment.......136 hours per year
Through the 8th year of employment.......144 hours per year
Through the 9th year of employment.......152 hours per year
Through the 10th year of employment......160 hours per year
Through the 11th year of employment......168 hours per year
Through the 12th year of employment......176 hours per year
Through the 13th year of employment......184 hours per year
Through the 14th year of employment......192 hours per year
Through the 15th year of employment......200 hours per year
Through the 16th year of employment......210 hours per year
18. LICENSE RENEWAL
The City agrees to pay the cost of maintaining certifications and licenses that are within the minimum requirements for
the licensee's job.
I
19. LIFE INSURANCE
The City shall provide term life insurance equal to twelve months of salary or$30,000,whichever is greater,a cluding
overtime, standby, callback and other forms of supplemental compensation, for each employee.
20. LONGTERM DISABILITY INSURANCE
20.1. The City shall maintain in effect for the term of this agreement a long-term disability plan covering
employees set forth herein. Said plan shall provide an employee with a maximum of two-thirds (2/3)of
I
13
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2010
his/her base salary. An employee may utilize his/her accrued sick leave,vacation,and/or compensatory
time to supplement the LTD payment so as to receive 100% of his/her base salary. The LTD plan
includes the following:
20.1.1 Provides 66.67% of the employee's monthly salary;
20.1.2 Commences after a 30 calendar day waiting period and provides a benefit to age 65;
20.1.3 For the first 30 days of non-job related illness or injury, the employee will use accrued Sick
Leave, Compensatory Time or Vacation Leave;
20.1.4 The employee will be allowed to use accrued Sick Leave in conjunction with the long term
disability plan to provide for a full pay check;
20.1.5 At no time will an employee receive more than 100% of their base pay;
20.1.6 The premium will be added to the employee's gross pay and deducted from the net pay so as
to make the benefits exempt from further taxation.
21. RETIREMENT
The City shall continue its contract with the California Public Employees'Retirement System(CaIPERS),and for the 2%
@ 55 Full Formula plan. The City shall also maintain the increased level of the 1959 Survivor Benefit. The City shall
continue to pay both the "employee"and "employer' share of the cost.
21.1 CalPERS Optional Benefits
21.1.1 The City's contract with the CaIPERS includes the additional benefit of Service Credit for
Unused Sick Leave.
21.1.2 The optional benefit of Two YearAdditional Service Credit shall be discretionary with the Council
in accordance with Government Code Section 20903.
21.1.3 The City's contract with CalPERS shall include the Employer-Paid Member Contribution in base
pay during the final compensation period.
21.2. Health Insurance During Retirement
Beginning with the first month after retirement,for Association employees who had at least twenty(20)years of
service with the City of Azusa, and who enroll or continue in the City's health insurance program, the City will
reimburse monthly the amount of one-half(%)of the premiums for such health insurance, regardless of how many
family members are enrolled. In the event that the employee is single or widowed, and has no dependents, the
City's contribution shall be equal to 100% of such premium. In the event that the employee passes away and is
survived by an eligible spouse,the benefit shall continue. But, if the employee passes away and has no surviving
spouse the benefit shall not carryover to the surviving dependents. This plan shall remain in effect until the retiree,
or eligible spouse,passes away,whichever occurs later. Otherwise the benefit shall terminate. Once an individual
has qualified for this provision, he or she shall retain this eligibility. The minimum contribution(currently$16 per
month)that the City pays directly to CaIPERS shall be considered to be part of the portion paid by the City.
14
i
i
I
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2010 I
22.' TUITION REIMBURSEMENT
22.1. Objective
The tuition reimbursement program is designed to encourage employees to continue their self-development by
enrolling in approved classroom courses, which will:
I
22.1.1 Educate them in new concepts and methods in their occupational field and prepare them to
meet the changing demands of their job. 1
22.1.2 Help prepare them for advancement to positions of greater responsibility in the City ofIAzusa
.
22.2 Eligibility
22.2.1. All regularly appointed employees are eligible to receive tuition reimbursement. Courses must
commence after appointment and be in excess of the educational standards for the position.
An example of this would be job-related college or university courses when the specification for
the classification calls for high school graduation.
22.2.2. Courses must be (except where noted below in paragraphs 21.3.3. and 21.3.4.) traditional
classroom courses taken at colleges or universities and approved by the Western Association
of Schools and Colleges. Distance learning classes offered by such colleges and universities
shall be covered by this provision. Credits given for non-classroom assignments such as life
experience, military training, and professional training are not reimbursable. j
22.2.3. Coursework must be related to the employee's current occupation or to a City classifi lation to
which the employee may reasonably expect promotion.
22.3. Courses may be eligible if they:
22.3.1. Are above the educational requirements of the position as noted in the position specification
and are not taken to acquire skills, knowledge and abilities which the employee was deemed to
have when appointed the position.
22.3.2. Do not duplicate training which the employee has already had or which is to be pro tided in-
house.
22.3.3. Do not duplicate previously taken courses unless special approval has been granted by the
department head and the Human Resources Division.
22.3.4. Are required for the completion of the pre-approved job-related major. An example would be
general education or elective requirements for the major as stated in the school catalog.
Remedial courses or those taken as required for a non-approved major shall not be eligible.
i
22.3.5. Are not taken on City time and must be certified that they are taken on the employee'sloff-duty
time.
22.3.6. Are part of a bona-fide curriculum of the study of the Spanish language.
22.3.7. Have been approved by the Department Head before commencement of the class.
22.4. Reimbursement
i
22.4.1. The City shall reimburse employees for tuition, registration fees and texts required for the
eligible courses. Expenses for parking, travel, and meals, processing fees, transcript fees,
materials and any other costs are not reimbursable.
15
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2010
22.4.2. Employees shall be reimbursed up to the dollar amount charged for the same number of units
per term by California State University system.
22.4.3. In order to be reviewed, each application must state exactlywhich units or credits the employee
is applying for and whether the courses submitted are core courses or recommended electives
for the approved major.
22.4.4. Reimbursement shall be made upon completion of the course with a minimum final grade of
"C"or its equivalent, i.e.,a pass in a pass/fail course will be considered equivalent to a"C". No
reimbursement shall be made for audited or incomplete courses.
22.4.5. Employees must submit from the attendant institution an original certification of fees paid and
grade achieved in order to have their application considered for reimbursement. These
documents must accompany the reimbursement application form in order to be processed.
22.4.6. Application for reimbursement must be submitted within three months of the completion of the
approved course in order to be considered for reimbursement.
22.4.7. Upon termination from employment,employees shall be required to reimburse the City for any
funds received under this program for courses completed during the last twenty-four months of
employment. This payback provision does not apply to employees laid off by the City or who
separate as a result of a City/departmental reorganization.
23. FLEXIBLE STAFFING POSITIONS
The following classifications shall be incorporated into a"Flexible Staffing" pattern.
Police Records Specialist I, II & III
The "I" classification is an apprentice classification. Employees in this classification shall be promoted (on
probationary status)to the"ll"classification upon successful completion of one(1)year of service at the fifth(5th)
salary step. Employees in the "II" classifications shall be promoted (on probationary status) to the "III"
classifications upon successful completion of one(1)year of service at the fifth(5th)salary step and when, in the
opinion of the Department Head, the employee has retained the practical knowledge of the performance of all
facets of the duties required of the"III"classification. In the event that the employee is not promoted as described
above,he or she shall be presented in writing the reason(s)for the denial of the promotion,and a list of the area(s)
of which the employee has insufficient knowledge to achieve the promotion. Nothing in this article shall preclude
management from promoting a qualified employee to a higher step/classification in their flex series.
24. JOB SHARING
24.1 Job Sharing Definition: Bifurcation of the job duties (essential functions)of a full-time classification into
two equal '/z-time jobs that total full-time work, generally 40 hours per week, 52 weeks per year.
24.2 Benefits: A Job Sharing Employee shall receive,as applicable, benefits on the basis of one-half the rate
accorded to comparable full-time employees. No other method of pro-ration shall apply. For benefits that
have a time or service requirement to qualify to receive them, a year shall be defined as successful
completion of 2080 hours of service. Under Job Sharing,this will generally be 104 weeks at 20 hours per
week.
24.3 Job Sharing Employee: One of a pair of employees, each of whom job shares by performing one-half of
the essential functions of a full-time classification and who works ''/2 of the hours of the full-time class,
generally 20 hours per week, 52 weeks per year.
24.4 Layoff. In case of layoff under Rule 13.2.2, of the Rules of the Civil Service System, Job Sharing
Employees would be considered for layoff after permanent part-time but before permanent full-time
employees.
16
MEMORANDUM OF UNDERSTANDING, CAPP,AUGUST 1, 2007 THROUGH JULY 31, 2010
24.5 If one of the counterparts of a shared job leaves his or her position, the City shall offer to the remaining
counterpart the opportunity to attain full-time status as a probationer. If declined,the City shall recruit for
another counterpart. One counterpart shall not be laid off solely due to the departure of the other.
24.6 Resumption of Full-Time Status. If a Job Sharing Employee wishes to resume full-time work with the City,
he or she shall seek reassignment or transfer to a full-time position. Should the employee's department
be unable to effect such reassignment, the employee shall seek a transfer as prescribed under the Civil
Service Rules.
24.7 Involuntary Conversion to or from Job Sharing Status. Neither Management nor Employees shall1convert
full-time positions to job-sharing positions, or the converse,without first consulting with the other party. If
both parties are in agreement, as well as the affected employees,the decision shall be memorialized via
Personnel Action Request forms.
24.8 Salary Anniversary Date. If an employee's appointment to a Job Sharing position is either as a new hire
or by promotion, the salary anniversary date shall be defined as that date which occurs upon successful
completion of 2080 hours of service,generally 104 weeks at 20 hours per week. Such employees1may be
considered for a merit increase after successful completion of 1040 hours of service,generally 52 weeks
at 20 hours per week. Subsequent salary anniversary dates shall be defined as those dates,which occur
upon completion of 2080 hours of service, generally 104 weeks at 20 hours per week. If an employee's
appointment to a Job Sharing position is not a new hire or promotion,the salary anniversary date shall be
based on his or her prior service, in accordance with the Civil Service Rules.
25. POLICIES
The City shall establish an ad hoc committee consisting of management representatives and a representative of
each employee organization to discuss and develop the following policies:
Donation of Sick Leave
Reasonable Suspicion Drug and Alcohol Testing
Attendance
Family Medical Leave
Pregnancy Disability Leave
26. LAYOFF
The City agrees that in the event employees represented by the Association are laid off from their employment, a
minimum of forty-five(45)calendar days notice will be given to each individual affected employee. Such notice'shall be
in writing and signed by an appropriate management employee.
I
I
I
f
l
I
17
MEMORANDUM OF UNDERSTANDING
CIVILIAN ASSOCIATION OF POLICE PERSONNEL
8-1-2007 through 7-31-2010
CIVILIAN ASSOCIATION OF POLICE PERSONNEL
Tamara Patlogar, President DATE
Catherine Contreras, Vice President DATE
Debbie Uesua, Secretary DATE
Sandra Willison, Treasurer DATE
Jennifer Tang, Membership DATE
CITY OF AZUSA
Sonia Carvalho, Best Best& Krieger DATE
Fran Delach, City Manager DATE
Robert Person, Assistant City Manager DATE
Kermit Francis, Interim Director of Human Resources DATE
INDEX
I
Additional Compensation / Premium Pay(5)
Automatic Payroll Deposit (4)
Bereavement Leave (8)
Bilingual Pay(5)
City Rights (2)
Conformance with Rules (3)
Meet and Confer(3)
Compensatory Time (6)
Cost of Living Increases (4)
Court Time (5)
Damage to Personal Effects (7)
Deferred Compensation (5)
Employee Assistance Plan (7)
Flexible Benefit Plan (7)
Flexible Staffing Positions (16)
Floating Holidays (9)
Holidays (9)
Home Exercise Equipment Loan Program (7)
Implementation (1)
Industrial Leave (9)
Job Sharing (16)
Leave Types (8)
Bereavement Leave (8)
Holidays (9)
Industrial Leave (9)
Sick Leave (10)
Vacation Leave (13)
License Renewal (13)
Life Insurance (13)
Long Term Disability Insurance (13) f
Longevity Pay (5) I
Maintenance of Existing Benefits (1)
Management Rights (2)
Non-discrimination (1)
Anti-discrimination (1)
Protection of Rights (1)
Overtime Meal Policy(6)
Overtime/Compensatory Time (6)
Policies (17)
Reopener (2)
Retirement (14)
Health Insurance During Retirement (14)
Optional Benefits (14)
Salary (4)
Cost of Living Increases (4)
Market Adjustment (4).
Salaries Effective 08-01-2007
Savings Clause (2)
Shift Differential (6)
Sick Leave (10)
Accrual and Use (11)
Conversion Deadline (12)
Conversion to Cash upon Retirement or Separation (12)
Conversion to Service Credit upon Retirement (12)
.One-fourth Conversion (12)
One-third Conversion (12)
Reasons for Use of Sick Leave (11)
Restrictions on Sick Leave (11)
Sick Leave During Vacation (12)
Term (1)
Total Compensation (2)
Training Pay(6)
Tuition Reimbursement (15)
Eligibility(15)
Eligible Courses (15)
Objective (15)
Reimbursement (15)
Uniform Allowance (7)
Vacation Leave (13)
Accrual (13)
Cash-in Policy(13)
Required Usage and Carryover(13)
Workweek and Timekeeping Interval (3)
Timekeeping Interval (4)
Workday(4)
Workweek (3)
i
i
G
IOINT CITY/AGENCY CONSENT ITEM
TO: THE HONORABLE MAYOR/CHAIRPERSON AND COUNCIL/AGENCY MEMBERS
FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
VIA: F.M. DELACH, CITY MANAGER/EXECUTIVE DIRECTOR�fI,ro
DATE: FEBRUARY 4, 2008
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH HOGLE-IRELAND, INC. FOR
PREPARATION OF HOUSING ELEMENT UPDATE
RECOMMENDATION
1 . It is recommended that the City Council authorize the City Manager to enter into a
professional services agreement with Hogle-Ireland, Inc., for the preparation of the State-
mandated update to the City's Housing Element of the General Plan.
I
2. It is recommended that the City Council/Agency Board approve a budget amendment in
the amount of $90,000, of which $60,270 will be funded by the City's General Fund
reserves and $29,730 will be funded by the Redevelopment Agency's Low-to-Moderate
Income Housing Set Aside Fund reserves, in order to finance the costs of preparing the
Housing Element update, legal review, community workshop supplies, negotiations with
the State Department of Housing and Community Development, and other incidental
expenses.
BACKGROUND
The City's Housing Element of the General Plan was last revised and adopted in December,
2000 and is deemed to be in compliance with the State Housing Element law by the StIate
Department of Housing and Community Development (HCD). The Housing Element was�re-
formatted in conjunction with a comprehensive General Plan update in April, 2004. It is
scheduled to be updated in 2008.
In December, the City's Planning Division sent out a Request for Proposals (RFP) to! 1 I
qualified consulting firms. In the RFP it was indicated that the project would consist of an
update to the Housing Element to 1) ensure internal consistency with the City's General Plan;
2) comply with the State Housing Element statutes; and 3) secure certification by HCD. The
Page 2 of 2 -
February 4, 2008
The Honorable Chairperson and Agency Members
Subject: Professional Services Agreement with Hogle-Ireland, Inc. for Preparation of Housing Element Update
update will reassess the community's housing-related goals and objectives and establish
objectives with respect to a wide range of possible housing-related program initiatives.
In response to the RFP, 4 proposals were received from the following consulting firms:
1 . Hogle-Ireland, Inc.: $67,775
2. RBF Consulting $79,980
3. Willdan $56,450
4. GRC Associates, Inc. $31,300
Staff reviewed each proposal and interviewed each of the proposers extensively. Based on
past experience with the preparation of Housing Elements, familiarity with the City of Azusa's
General Plan and housing conditions, and successful experience in negotiating with HCD, it is
recommended that the City Council select Hogle-Ireland, Inc., to prepare the Housing
Element update in the amount of $67,775. In order to proceed with the update, it would
also be necessary for the City Council/Agency Board to authorize a budget amendment.
FISCAL IMPACT
In order to proceed with the update and additional associated costs including legal review,
community workshop supplies, recording fees, and costs associated with HCD negotiations, a
budget amendment of $90,000 is necessary. The additional $22,225 over the Hogue-Ireland
contract amount includes an estimate of. $7,000 for legal review of the Housing Element,
$10,000 for additional negotiations with HCD and contract contingency, $2,000 for recording
costs, and $3,225 for community workshop refreshments, courier expenses, additional public
notifications, and other incidental costs for budget purposes. The amendment would be
funded by the City's General Fund reserves in the amount of $60,270, and the
Redevelopment Agency's Low-to-Moderate Income Housing Set Aside Fund reserves in the
amount of $29,730.
Attachment:
Hogue-Ireland Proposal
BAC:Rjj/cs -
❑AWPROOCOR POV%Gf D/MrorSv Item HsgDement Hoglelreland.doc
I
i
i
i
City of Azusa
Housing l t Update
i
Prepared For:
City of Azusa
Planning Division
213 E. Foothill Boulevard
Azusa,CA 91702
Prepared by:
Hogle-Ireland,Inc
201 S. Lake Avenue,Suite 308
Pasadena,CA 91101
4
f
January 7,2008
i
II� tv,x ..,x
A 7 anrZ.Plannrng;E�DPxlrfo/�inmG Cnasr�ldrng Fzrtn_ Pasad�n:,
January 7,2008
Bruce Coleman
Director of Economic and Community Development
City of Azusa
213 East Foothill Boulevard
Azusa,CA 91702
subject: Proposal to Update the General Plan Housing Element
Dear Mr. Coleman:
Hogle-Iteland, Inc is pleased to submit this proposal.to update the Azusa General Plan Housing
Element. For this assignment, we offer the City a team of dedicated and well-respected professionals
who will work closely with your staff and community to ptepare a housing element that responds to the
City's housing needs.
Hogle-Iteland is well known in Southern California for its planning work,and with the recent opening of
our Pasadena office, we bring to this project the talents and experience of staff with a broad range of
general plan and housing element work.We understand the particular requirements of housing elements
and ensuring consistency with the land use element. Out team has established a reputation for prepay ng
housing elements that clearly identify a community's housing needs and that specify programs tailored
for each client city. We also offer the in-house ability to complete required CEQA documentation to
facilitate the update process. Lisa Brownfield will serve as an advisor on the project and has extensive
experience in Azusa, leading the General Plan update in 2004 and currently prov4ding staff services in
support of the Downtown North project
If you have questions about our proposal,please contact me in our Pasadena office at(626) 356-4460.
Respectfully yours,
Laura Stetson,AICP
Principal
Istetson0c hogleireland.com
]Ut 5 v<6 'L al Vvetme Cu,xc s9� PaSn da nn G 9il111'
.. n.e h ..1. u. i.ua r,•i„
,M1a6 44G g.y.-t a
- i
I
I
I
I
1 — Consultant Capabilities.................... ................... .....................................................2
ExecutiveSummary...................--:.......................................................................2
Scopeof Work....... ..........................-....... ......... ........................... ...........-- 14
2 — Experience and References................................................................................... 26
3 — Additional Data................. ...... .......................................................... ............ 2
I
I
January 2008
..............
..........
r mfrs QD
J1;1(
EXECUTIVE SUMMARY
Introduction
Hogle-Ireland, Inc is pleased to submit this proposal to prepare the 2008-
2014 Housing Element and associated environmental documentation for the
City of Azusa The current Housing Element was adopted by the City in
2000 and was deemed by the California Department of Housing and
Community Development (HCD) to be in compliance with State Housing
Element law The next Housing Element update is due June 30, 2008 and
will cover the planning period of July 1, 2008 through June 30, 2014. We
understand that the City of Azusa wishes to work with an experienced
housing consultant to update the current General Plan Housing Element,
and to assist with the development of housing policies and programs that
will implement the City's housing strategy.
The housing element is one of the seven General Plan elements mandated by
the State of California. Sections 65580 to 65590 of the California
Government Code contain the legislative mandate for the housing element.
Government Code Section 65581 states that it is the intent of the
Legislature:
To assure that counties and cities recognize their responsibilities in
contributing to the attainment of the state housing goal.
To assure that counties and cities will prepare and implement
housing elements which, along with federal and state programs,
will move toward attainment of the state housing goal
To recognize that each locality is best capable of determining what
efforts are required by it to contribute to the attainment of the state
housing goat,provided such a determination is compatible with the
state housing goal and regional housing needs
To ensure that each local government cooperates with other local
governments in order to address regional housing needs.
A housing element should clearly identify and address,at a minimum:
An assessment of housing needs and an inventory of resources and
constraints relevant to the meeting of these needs
A statement of the community's goals, quantified objectives, and
policies relative to the maintenance, preservation, improvement,
and development of housing.
A program which sets forth a five-year schedule of actions the local
government is undertaking or intends to undertake to implement
the policies and achieve the goals and objectives of the housing
clernent.
Lit0
i
- i
State law also requires the City to identify adequate sites For housing,
including-rental housing, factory-built housing, and mobile homes, and
make adequate provision for the existing and projected needs of all
economic segments of the community. Our experience with recent housing
elements in other jurisdictions has shown that HCD asks for detailed
information regarding exactly where in a community housing sites are
available to meet projected housing needs,and what sources of Funding will
be used to help meet these needs Due to the largely built-out character of
the City,this part of the Azusa Housing Element may pose a challenge.
I
For the 2008-2014 SCAG housing element cycle, SCAG has established the
following housing allocation (Regional Housing Needs Allocation, 8r
RHNA)for Azusa:
Income Category Number of Units j
Very low income 184
Low income 115
Moderate income 124 j
Above moderate income 323
Total Units 745
The Azusa Housing Element will allow the City to establish policies,
procedures, and incentives that will result in the maintenance and
expansion of the housing supply to adequately accommodate existing and
future households. The Housing Element will reassess the community's
housing related goals and provides an opportunity to incorporate housing
related programs that have been suggested by the community The final
Housing Element will institute policies that will guide decision-making,
and will establish an action program to implement housing goals through
2014.
_.._ ......... - ._.. _.._
Project Approach
Hogle-Ireland will work closely with City .staff to address housing
constraints and opportunities, and to prepare the Housing Element to the
satisfaction of the City Council.Our objectives for this program are:
Preparation of a thorough, well-documented study with practii al
recommendations for Azusa
Compliance with applicable State laws with respect to Housing
Elements
Identifying opportunities for new approaches to land use planning
consistent with community vision and objectives
Clarity,conciseness,and an easy-to-understand document
Consistency with the City's overall vision
Acceptability to the community and City decision makers
There is a one unit rounding difference between the total housing need and the
sum of the four income groups SCAG allows communities to choose which of the
income categories it will adjust by one unit to maintain consistency with the
approved total housing need i
E Ji -' lE S ,.,i
We propose a Work Plan divided into three stages:
Stage 1 - Housing Element Background Technical Report, Resources, and
Opportunities
Stage 2-Develop the Housing Element
Stage 3-City Adoption and State Certification
The focus of Stage 1 is to better understand issues and comply with the
State mandate to assess the community's housing needs. In Stage 1, Hogle-
Ireland will review the existing Housing Element and prepare the Housing
Element Background Technical Report In addition, Hogle-Ireland will
work with the City to identify credits toward and potential sites to meet
the City's RHNA
The focus of Stage 2 will be on preparing the draft Housing Element for
initial HCD review and comments Prior to transmittal to HCD, we will
meet with the Planning Commission and City Council in a joint study
session to review the draft Housing Element. The draft Housing Element
will be revised per the direction of City decision makers,community input,
and additional staff input For compliance with the California
Environmental Quality Act (CEQA), we anticipate preparing an Initial
Study and (Mitigated) Negative Declaration that will tier from the General
Plan EIR. CEQA documentation will occur concurrently with development
of the draft Housing Element.
In Stage 3,the revised draft Housing Element will be submitted to the City
Council for review and adoption following discussions with HCD regarding
Element Focus and content. We wiU attend the public hearings before the
Planning Commission and City Council. Upon adoption by the City,Hogle-
Ireland will follow through with assisting the City in achieving State
certification of the Housing Element
Throughout the course of the program, we will meet with City staff to
discuss strategy,review draft work products,and prepare for study sessions
and public hearings. .
The Hogle-Ireland Team
Hogle-Ireland, Inc is a California corporation and has been in business
since January of 1988., As a land use, planning,and development consulting
firm, we provide assistance to Community Development and Planning
Departments faced with ever-increasing complexity in administering
development processes, procedures, and regulations. Our headquarters
office is located in Irvine, with additional full service offices in Riverside,
Palm Springs, and our new office in Pasadena We have approximately 75
professional-level planners on staff, many of whom have municipal staff
planning experience We can address virtually any type of planning or
community development project a client may have because of the extensive
and varied experience of our staff Hogle-Ireland has a high level of
expertise in working with public agency staff and regulatory/discretionary
I
l
- `
i
processes. This expertise and knowledge allows us to readily understand
and respond to cities'needs
I
During the last 15 years, Hogle-Ireland, Inc has provided a broad range of
services to established public agencies and newly incorporated cities. Our
duties have ranged From preparing General Plans, Specific Plans, and
Zoning Ordinances, conducting environmental analyses including full scale
E1Rs to both the public and private sectors,preparing fee studies and cost-
recovery programs, and providing staff services Members of our firm have
prepared American Planning Association award ,`inning General Plans,
Specific Plans,and Zoning Ordinances and are also well known for park fee
(Quimby Act) studies and ordinance development. f
We are uniquely qualified to assist with the update and development f
general plans and plan elements, zoning codes, specific plans, and other
planning documents because of the background and professional experience
of the partners and staff The partners of the firm bring extensive and
varied experience as Former Community Development Directors for
California cities. Eight members of the firm have served in Community
Development/Planning Director positions, and all of our senior-le%iel
personnel have served in managerial positions in planning departments,
redevelopment agencies,public works departments, building departments,
and housing authorities Our staff understands city planning processes.
Our primary objective is to help our clients reach their goals As
consultants, we Familiarize ourselves with your objectives and philosophy,
and put our expertise to work to enable you to reach those goals in the
easiest, quickest, and most economical way possible We use our
knowledge and experience to help maximize each client's potential.
Staffing
...
_...-- - _"_._...
The Azusa Housing Element update will be directed by staff in our
Pasadena office. Laura Stetson, AICP has more than 20 years sof
professional planning experience in the public and private sectors She will
serve as project director,overseeing work on both the Housing Element and
CEQA documentation. In her 20 years working with
Cotton/Bridges/Associates (CBA) and its successor Firms (P&D
Consultants and EDAW),Ms.Stetson led general plan,Zoning code,CEQA,
and other planning and environmental assignments for jurisdictidns
throughout California, including award-winning General Plan programs in
the cities of Brea and Claremont Ms Stetson brings to this assignment a
thorough understanding of State planning, housing, and environmental
laws-, extensive experience worsting with community groups and decision-
making bodies; and attention to quality in all products that Hogle-Ireland
produces.
Genevieve Sharrow will serve as project manager and oversee preparation
of the element, as well as complete most sections of the document and
coordinate review with HCD staff She ,will be the key contact for
technical martens. Ms. Sharrow is a graduate from the UCLA School of
I
I
I
Public Affairs, Department of Urban Planning masters program. Prior to
joining Hogle-Ireland, she worked as a part-time planner for the City of
West Hollywood She is currently working on housing elements in the
cities of Alhambra, Baldwin Park,Garden Grove, Laguna Woods, Monterey
Park, Rialto,Torrance,and Vernon
Diana Gonzalez will serve as housing technical advisor. Ms. Gonzales
talents and,skills include a unique ability to combine knowledge of
planning and housing laws with superior GIS capabilities that aid analysis
and produce easy-to-read report maps and graphics. She has worked on
housing elements and housing-related assignments in many communities in
Orange, San Diego, and Los Angeles counties, and is currently overseeing
housing element updates for the cities of Adelanto, Baldwin Park, Garden
Grove,Monterey Park, Montebello,Torrance,and Rialto
Lisa Brownfield will also serve as technical advisor and contribute her
knowledge of Azusa. Ms. Brownfield has extensive understanding of
housing elements, with a history of leading General Plan and Housing
Element updates. Ms. Brownfield led the City of Azusa General Plan update
in 2004,and as such has extensive knowledge of the City Her insight will
be most helpful in addressing both the resources and the constraints
sections of the Housing Element
John Kenyon will serve as project planner. Mr Kenyon is a recent graduate
From the UCLA School of Public Affairs, Department of Urban Planning.
Prior to joining Hogle-Ireland, he worked on Housing Elements for the
cities of San Diego and Los Angeles. Most recently at the City of Los
Angeles, Mr. Kenyon was responsible for developing the inventory of sites
through the use of GIS tools to meet the City`s RHNA allotinent He is
currently working on a housing clement for the city of La Puente, and is
assisting Lisa Brownfield with the processing of the Dalton development
application in Azusa
Enabell Diaz will provide Geographic Information Systems (GIS) mapping
support for the project. Ms. Diaz is proficient in advanced spatial analysis
using the latest GIS software. She has provided GIS support for numerous
housing element updates and housing-related studies. She is familiar with
various field concepts such as housing,demographics,transportation,noise,
general plans,zoning,specific plans,and municipal service reviews
Complete resumes of these team members are presented on the following
pages.
3
I
LAURA STETSON? AICD
Principal
PROFESSIONAL EXPERIENCE
Ms. Stetson has served as project manager on general plans, zoning
codes, specific plans, and special planning studies for diverse cities
throughout California. In this capacity, she has worked with advisory
committees, commissions, and councils to develop long-range, goals, `
policies, and programs, and to craft the regulatory tools to implement
those programs. She has conducted background research for planning,
written plan elements, coordinated preparation of plans and !related
environmental documentation, and presented recommendations to
decision-making bodies. She also directs preparation of� CEQA
documents, either as part of planning programs or to address
development projects.
a =<_ Hogle-Ireland Inc.—Principal:
Ms. Stetson is managing projects for a variety of public sector clients in
her capacity as senior project manager_ Currently, she is overseeing the
EDUCATION Housing Element Update work efforts for the cities of Laguna Woods,
B.S., Stanford University, Garden Grove, and Rialto.
1983
Graduate Coursework EDAW—Principal: I
Public Administration While with EDAW, Ms Stetson managed the following projects:
American University
Riverside General Plan,Zoning Code, Subdivision Code,and
YEARS OF EXPERIENCE Citywide Design Guidelines— Managing Principal
23 Ms. Stetson led a team of specialists to prepare the City's key Iand use
regulatory tools: the General Plan, the zoning ordinance, the subdivision
ordinance, and citywide Design Guidelines, as well as a Program EIR.
PROFESSIONAL The program involved working with many community groups to affirm
AFFILIATIONS direction defined through a prior visioning process and el onomic
strategy study.
American Planning
Association Claremont General Plan—Managing Principal
American Institute of As part of crafting a vision for the City's future that was to be integrated
Certified Planners into the General Plan, Ms. Stetson led a multi-layered public involvement
program, including working with a 100+ member Generial Plan
Committee with topic-oriented subcommittees.
Additional experience includes managing the following projects, among
others:
i
General Plans Zoning Codes EIRs I
Manhattan Beach Baldwin Park Raymond Theater Reuse
Brea La Puente Del Mar Station Mixed Use
Monterey Park La Mirada Palmdale Water District MP
Montebello Brea Hillsides Rosedale Planned Community
South EI Monte Azusa Pasadena Land Use and
Mobility
I
I
Z ,
GENEVIEVE SHARR®W
/Assistant Project Manager II
PROFESSIONAL EXPERIENCE
Hogle-Ireland, Inc.,.Assistant Project Manager 11
Genevieve Sharrow is a graduate of the UCLA School of Public
x Affairs, Department of Urban Planning. She is proficient with a variety
.,
of statistical and spatial analysis software including ArcView and ;
- SPSS as well as Rhinoceros, an architectural model rendering
software. Prior to joining Hogle-Ireland, Ms. Sharrow was a planning
intern at the City of West Hollywood where her, duties included
researching and supporting the City's General Plan update process,
reviewing and approving entitlement permits, and performing GIS
mapping and analysis lot a Specific Plan development process. At the .
s City of Pasadena, she gained insight into implementation of a green
building program. At Michigan's Ann Arbor Downtown Development
Authority she developed and implemented a parking plan for high-use
areas that led to immediate policy changes. Her recent experience in
academia and working with local jurisdictions has given Ms. Sharrow
EDUCATION the background to complete advanced analytical work while being able
to maintain the perspective of a City Planner. Now at Hogle-Ireland,
she is currently working on housing elements in the cities of Alhambra,
M.A., Urban Planning Rialto, Monterey Park, Torrance, and Vernon, and is supporting the
Concentration: Physical General Plan update process for the City of West Hollywood.
Planning and Urban Design
University of California, City of West Hollywood- Planning Intern (July 2006-June 2007)
Los Angeles,2007 Ms. Sharrow provided research and support for the City's General
Plan update and Westside Specific Plan creation, including authoring
B.A., Social Anthropology a draft program for the Westside Specific Plan Design Competition.
University of Michigan, Ms. Sharrow was responsible for reviewing and approving a range of
Ann Arbor, 2002 entitlement permits as well as performing GIS services, including
creating a series of land use and figure ground maps for the Westside
Specific Plan and maps indicating historically designated properties in
PROFESSIONAL the city.
AFFILIATIONS
City of Pasadena - Planning Intern (February 2006-September
American Planning 2006)
Association(APA) Ms. Sharrow created documents and procedures to assist with
US Green Building Council education and outreach related to the green building program
Emerging Green Builders- including website development and awards applications. Additionally,
Los Angeles(EGB-LA) she assisted in the coordination of a feasibility study on the City's
implementation of U.N. Urban Environmental Accords and U.S
Mayor's Climate Protection Agreement.
Ann Arbor Downtown Development Authority - Intern (August
2002-October 2003)
As intern to the Executive Director, Ms. Sharrow developed and
implemented a plan to extract parking data from two high-use areas,
performed data collection and prepared report of recommendations
that led to immediate policy changes. As intern to the Construction
Project Manager, Ms. Sharrow provided administrative and financial
support during pedestrian improvement construction projects,
including accounting, budgeting, and report review.
-
_ I
xUU
®IANC► M. C®NZALEZ
Associate Project Manager II 1
I
PROFESSIONAL EXPERIENCE
Hogledreland,Inc.,Associate Project Manager II
Ms Gonzalez's primary responsibilities include the preparation of general
plans and long-range planning studies, housing plans and programs, and
environmental documents. She also provides graphic and geographic
information system (GIS) mapping for a variety of reports and plans. Ms.
- Gonzalez produced all the mapping, demographic, and spatial analysis for
several large-scale housing projects, including the Analysis of Impedlments
(AI) to Fair Housing Choice for Los Angeles County and San Diego ;County,
and Consolidated Plans for the counties Orange and San Diego Planning
assignments have included the Pasadena Sensitive Lands Inventory and
Pocket Parks Study, the City of Rosemead General Plan, City of Lake Forest
Consolidated Plan and Analysis of Impediments to Fair Housing Choice, and
City of La Puente General Plan. Ms. Gonzalez is working Ion the
comprehensive updates to the Torrance General Plan and the Land Use and
Circulation Elements for the City of Colton. Ms Gonzalez has 6denslve
experience digitizing maps and developing databases for use In mapping a
variety of reports and plans, using ArcGIS and ArcView She uses her
EDUCATION technical skills in database management, statistics and demographics, and
spatial analysis, in tandem with the geographical software to create the
M.A., Urban Planning, necessary analysis and mapping for reports She has also participated in
several housing studies involving spatial and demographic analysis ifor such
University of California,Los cities as Los Angeles, Pismo Beach, Sunnyvale, Porterville, and Bellflower,
Angeles, 2001 and the counties of Orange, Los Angeles, and San Diego. Ms Gonzalez also
B.A., Political Science and has experience in website development for public outreach purposes.
Communication Studies,
University of California, Los
EDAW,Associate
Angeles, 1996 Lake Forest AI,Lake Forest,CA
Project Manager for the City of Lake Forest Al, which evaluated impediments
existing in the rental and for-sale housing markets which limit equal housing
PROFESSIONAL opportunities for persons of race,ethnicity,gender,or national origin.
AFFILIATIONS
At for the County of Los Angeles, Los Angeles,CA
American Planning Planner for this update to the County of Los Angeles Al, which assesses
Association impediments to fair housing choice in the city and provides recommendations
to address these impediments. Completed housing and community
development needs assessment, GIS mapping and analysis, and Community
survey database creation and analysis.
La Puente General Plan and Zoning Update,La Puente, CA
Principal Planner for this update to the general plan, which comprehensively
addressed issues relating to future growth and the preservation of community
character. Particular issues included improving community design and
character Prepared several general plan elements for the update including
Circulation,infrastructure. and land use elements.
At for San Diego County,San Diego County,CA
Planner for this update to the San Diego County Al, which assesses
impediments to fair housing choice in the city and provides recommendations
to address these impediments. Completed housing and Community
development needs assessment, GIS mapping and analysis, and f mmunity
survey database creation and analysis.
I
s �
—
LISA A. BROWNFIELD
Senior Associate Project Manager
PROFESSIONAL EXPERIENCE
Hogle-Ireland Inc., Senior Associate Project Manager
Ms. Brownfield has more than 15 years of experience in private sector
planning and over five years of public sector planning. Her 18 years of
project management experience includes leading large consultant teams
�. and city staff; formulating, monitoring, and ensuring compliance with ?
r project budgets and schedules; ensuring all technical and presentation
materials and products are of the highest quality; envision, creating, and
R. - facilitating significant public outreach programs; and presenting technical
concepts, plans, and managerial reports to decision-makers, members of
+ the public, and related professionals. In addition to project management
expertise, Ms. Brownfield has a diverse technical experience. She has
prepared all mandatory and ma6y optional elements of general plans;
prepared industrial, commercial, and recreation oriented specific plans;
conducted special land use, housing, and circulation studies; reviewed
and amended zoning and development codes; and conducted and
prepared many environmental reviews and analyses.
EDUCATION
EDAW, Senior Project Manager
M.A.,Urban Planning, General Plan EIR, Huntington Beach, CA
University of California,Los Project Manager and Technical Writer for many of the environmental
Angeles, 1988 analyses of the comprehensive Master EIR for the Huntington Beach
General Plan. The general plan was prepared as a self-mitigating plan,
B.S.,Urban Planning,California where the environmental impacts associated with the plan were primarily
State Polytechnic University, mitigated through plan policy change. However, some impacts remained
Pomona,1983 regarding traffic and air quality.
YEARS OF EXPERIENCE General Plan EIR,Westlake Village, CA
Project Manager for the comprehensive Master EIR prepared for the
21 Westlake Village General Plan_As project manager for both, ensured that
the plan was self-mitigating. However, a mitigation monitoring plan and a
PROFESSIONAL statement of overriding considerations were prepared for air quality
AFFILIATIONS impacts
American Institute of Sphere of Influence Specific Plan EIR,Ontario,CA
Amer
Certified Planners, to of Project Manager for the Sphere of Influence Specific Plan, using
significant knowledge of the plan and its potential impacts to prepare the
housing, land use, population, and other technical impact analyses
American Planning Association required for an EIR.
HONORS AND AWARDS Staff Services for the Rosedale Residential Development Project
Ms. Brownfield provided the City of Azusa planning staff services for a
American Planning Association very contentious development project known as the Rosedale
Development. As staff, Ms. Brownfield analyzed site and specific plans;
California Chapter,Outstanding provided third party review of the EIR; reviewed/commented/edited
technical documents including circulation studies, environmental hazards,
Achievement for Large cost/benefit analysis; participated in Development Agreements
Jurisdiction negotiation; facilitated and participated in project mediation between City
team members and developer team; conducted public outreach sessions
Planning Effort,City of Los regarding site design and project issues; prepared and presented staff
Angeles reports to decision makers and public.
General Plan Framework
n — ..
i
JOHN KENY®N
Assistant Project Manager II `.
PROFESSIONAL EXPERIENCE
Hogle-Ireland, Inc.,Assistant Project Manager II
John Kenyon is a recent graduate from the UCLA School of,Public
_ Affairs, Department of Urban Planning Prior to joining Hogle-Ireland,
Mr. Kenyon worked on Housing Element updates for the cities of Los
. Angeles and San Diego. He has substantial experience and Iskill in
portraying content and ideas in a graphically compelling way. Prior to
" joining the field of planning, Mr. Kenyon worked as a journalist in
} - Moscow (he is fluent in Russian) and as a website designer and
network engineer.
City of Los Angles — Student Professional Worker (June 2007-
November 2007) I
Mr.. Kenyon worked on an update of the City of Los Angeles' Housing
Element He was in charge of developing the inventory of sites through
EDUCATION the use of GIS tools to meet the City's 112,000-unit RHNA allotment.
He was also responsible for initial drafts of the RHNA and housing
M.A,Urban Planning stock conditions sections, and staffed all meetings of the Capacity and
housing Preservation subcommittees of the Housing Element Task
Concentration:Physical
Planning and Urban Design Force.
University of California,Los Center for Neighborhood Knowledge — Graduate Student
Angeles,2007
Researcher(June 2006—June 2007)
B.A,Comparative Literature Mr. Kenyon worked on multiple web-based GIS projects for a variety of
University of California,
clients, including SCAG. He acted as project manager and developed
Berkeley,1994 long-term strategies, evaluated technology and produced content.
PROFESSIONAL UCLA — Graduate Student Researcher (November 2005 — June
AFFILIATIONS 2006)
Mr. Kenyon researched the development of transit-oriented projects
near Metro stations in Pasadena and South Pasadena :
(APA)) through
American Planning Associationinterviews with local developers and planners.
Urban Land Insttute(ULI) City of West Hollywood — Historic Preservation Intern (February
2006—June 2006) '
As Historic Preservation Intern, Mr. Kenyon was responsible for
reviewing and approving Certificate of Appropriateness applications. In
addition, he recognized the need for and compiled a source book for
Historic Preservation Commissioner training sessions.
City of San Diego-Planning Intern(August 2004—August!2005)
Mr. Kenyon managed several sections of the City's Housing!Element
update. This project involved gathering and analyzing housing data,
and continued coordination with California HCD, San Diego
Association of Governments, and the San Diego Chamber of
Commerce. He also produced the City's Housing Element Progress
Report for FY 2003-2004. If
Mr Kenyon is proficient with a variety of programming tools and
spatial analysis and graphic software, including ArcGIS and Adobe
Suite (Illustrator, InDesign and Photoshop).
,'�.: -1
QUALIFICATIONS AND EXPERIENCE
In this section, we present examples of past projects that demonstrate our
experience and capabilities regarding housing elements and projects
involving housing policy issues We also include the names of past clients
who may be contacted regarding our work. A few of the projects included
here were completed by Hogle-Ireland staff while they were employed by
other firms,as noted.
__. . ---- - -- - — -- --- — - -- ..__----— - _......
Housing Element Experience
Hogle-Ireland staff is currently involved in Housing Element updates for the
cities of Adelanto, Baldwin Park, Garden Grove, Norco, Monterey Park,
Montebello,Rialto,Perris,Torrance,and Vernon,among others. Prior work
includes:
City o£ClaremontHousing Element Update
As project manager for the City of Claremont's comprehensive General Plan
Update, Laura Stetson participated in the update to the City's 2000-2008
Housing Element (while a principal with EDAW). An important aspect of
the City's Housing Element was the construction and conservation of
existing affordable housing, and provision of housing assistance to help
residents find decent housing Of particular concern were adequate housing
opportunities for those who work in Claremont, such as teachers, college
staff and faculty, and municipal employees- Through an extensive
collaborative planning process with residents,community groups, and City
staff, the element indicates actions City leaders will take to achieve
diversity of housing in its many forms (density, income status of residents,
special needs of groups such as the elderly or disabled),and to guard against
concentration of lower-cost housing
City of Riverside Housing Element Update
As project manager for the City of Riverside's comprehensive General Plan
Update while with P&D Consultants, Laura Stetson participated in the
update to the City's 2000-2008 Housing Element. Confronted with
population growth, changing demographics and economics, an aging
housing stock and escalating housing prices, Riverside faces the challenge of
ensuring a mix of housing types and prices to meet these diverse needs.The
Housing Element update identified adequate sites and supporting
infrastructure to accommodate housing through land use, zoning, specific
plan designations and infill programs to encourage a broad range of housing
opportunities
City of Newport Beach Housing Element Update
Hogle-Ireland, Inc updated the City of Newport Beach's 2000-2005
Housing Element. This Element was part of a comprehensive General Plan
update which included substantial community outreach. Through the
update process, several key areas in the City were identified as ideal
locations for future housing opportunities. In addition,the update provided
z
I
several opportunities to create new residential uses through infill
development and reuse of existing land uses. The City is in the process of
obtaining certification From the State Department of Housing and
Community Development
City of Montebello Housing Element Update
As Principal-in-Charge for the City of Montebello's comprehensive General
Plan Update while with P&D Consultants, Laura Stetson participated in
the update to the City's 2000-2008 Housing Element. Ms Stetson and Ms.
Gonzalez are now working collaboratively on the update for the 2008.201+
cycle
I
City of Perris Housing Element Update
Hogle-lieland, Inc has recently signed a contract with the City of Penis to
update the City's Housing Element The project is in progress
Housing-Related Project Experience
i
County of Orange Consolidated Plan
Diana Gonzalez, while with another firm, assisted Orange County stafF
with the update of the 2005-2010 Consolidated Plan by assessing the
County's overall housing and community development needs, and outlining
a strategy to address those needs Diana Gonzalez completed major
technical portions of the document, as well as a subsequent addendum to
include the City of Aliso Viejo
City ofLahc Forest Consolidated Plan and Analysis ofimpediments to
Fak Housing Choice
Diana Gonzalez served as project manager for both the Lake Forest
Consolidated Plan and Analysis of impediments to Fair Housing Choice
(while with another firm). She prepared the Five-year plan for use of C DBG
funds for the City and assessed impediments to fair housing choice.
I
I
I
I
I
1
4 1 -
SCOPE OF WORK
In this section, we describe the work tasks we will undertake through
program completion. Our scope includes meetings with City staff
throughout the work program to review materials and strategies for the
Housing Element.
TASK 1 - PROJECT INITIATION
1.i - Kick-off Meeting
We will initiate the Azusa Housing Element update by meeting with City
staff to refine the work program, confirm communication protocol, and
explore dates for meetings. Specifically, objectives for the Irick-off meeting
may also consist of obtaining a level of understanding regarding the City's
involvement, obtaining recommendations regarding the document format,
and developing a clear understanding of established roles and
responsibilities.
12 - Review Existing Documents
Hogle-Ireland will review City documents to aid in understanding local
conditions and the community's housing needs The following documents
will help us understand current conditions:
Adopted General Plan
Current Housing Element
Annual General Plan/Housing Element Progress Reports m the
State
Zoning Ordinance and Municipal Code
Design Guidelines
Information of the City's development review process
Housing units (affordable and market rate) built or approved since
1998 by year and type
List of affordable housing units and earliest conversion date
Any major land use applications in the pipeline or known about
A preliminary housing sites inventory, including any vacant and
underutilized parcels in the City,which is crucial in developing the
sites analysis
Meetings _____ ........___
mck-off meeting with City staff
Work Products
Refined project schedule,budget,and scope of work
TASK 2 — BACKGROUND TECHNICAL REPORT
This task will produce the required assessment of housing needs and
analysis of constraints relevant to the meeting of these needs Our team will
. I
ry y
focus work efforts on components of the Housing Element that need
updating based on data availability,previous HCD comments, and changes
in State legislation The Background Technical Report will include the
following components
2.1 - Housing Needs Assessment
T he Housing Needs Assessment will include the following analyses:
I
An analysis of population and employment trends and
documentation of projections and a quantification of the Cityjs
existing and projected housing needs for all income levels. These
existing and projected needs shall include the City's share of the
regional housing need in accordance with the Final REINA.
An analysis and documentation of household characteristics,
including level of payment compared to ability to pay, and housing
characteristics, including overcrowding and housing stock
condition. Data on the condition of housing will be based on
already completed City surveys (if any), supplemented by age of
housing data
An analysis of any special housing needs, such as those of the
elderly, persons with disabilities, large families, farm workers,
families with female heads of households, families and persons in
need of emergency shelter,and disabled persons.
State law requires analysis of existing assisted housing developments which
are eligible to change from low-income housing uses during the next 10
years due to termination of subsidy contracts, mortgage prepayment, or
expiration of restrictions on use. Where such housing developments exist,
we will analyze: 1) costs of preserving and/or replacing the units, 2)
resources for preserving and/or replacing the units, 3) quantified objectives
for units at tisk to be preserved, and 4) programs for preserving and/or
replacing units at risk.
2.2- Housing Constraints
Hogle-Ireland will identify potential and actual governmental al d
nongovernmental (e.g. physical) constraints to housing production,
including any constraints on people with disabilities, as required by the
enactment of SB520 (effective in 2002). Where constraints exist, Hogle-
Ireland will develop housing programs to mitigate them or, where
appropriate and legally possible, remove them An inventory of housing
constraints will include the following:
An analysis of potential and actual governmental constraints upon
the maintenance, improvement, or development of housing for all
income levels,including land use controls,building codes, and their
enforcement, site improvements, fees and other exactions required
of developers,and local processing and permit procedures
An analysis of potential and actual nongovernmental constraints
upon the maintenance,improvement,or development of housing for
M-
all income levels and for special needs populations required to be
addressed by law. Constraints include the availability of financing,
the price of land,and the cost of construction
In addition, an assessment of environmental and infrastructure constraints
to development is an important issue. Water availability,sewer availability,
conditions of streets, and potential for hazards (e g., faults and industrial
hazards) will be addressed. Hogle-Ireland will rely on current City
documents and follow-up interviews with City staff to determine potential
environmental and infrastructure constraints to housing. This
environmental review will assist in the preparation of the environmental
.clearance for the Housing Element.
Wark ProduUS
Background Technical Report, including appropriate maps, tables, and
exhibits(one electronic copy)
TASK 3 — EXISTING HOUSING ELEMENT PROGRESS REPORT
As required by State law,we will produce a report on the progress the City
has made in implementing the current Housing Element. In general,the task
will include a review of the following:
The City's progress in implementing the Housing Element. The
results will be quantified where possible, but may be qualitative
where necessary.
The appropriateness of the housing goals,objectives,and policies in
contributing to the attainment of the stated housing goal
The effectiveness of the Housing Element in attaining community
housing goals and objectives
Work Products
Progress Report of Current Housing Element
TASK 4 — HOUSING RESOURCES AND OPPORTUNITIES
We will conduct an analysis of resources to meeting housing needs The
primary focus of this section will be to determine the land and financial
resources available to address the RHNA goals
4 1 — Inventory of Development Capacity
We will wort: with staff to identify recent construction and entitled
projects (such as the Rosedale Master Planned Community) that can be
counted against the RHNA, as well as vacant and underutilized land
suitable for new housing The City's General Plan, current Housing
Element, and any Specific Plans will be used to determine remaining sites
In the event that vacant sites are inadequate to fulfill the RHNA as
anticipated, we will work with staff to identify specific underutilized sites
with redevelopment potential AB 438(Torlakson)includes provisions that
allow a jurisdiction to fulfill 25 percent of its sites requirement with
,:_.. f;f+:. t `: t i '.i lit❑ +' � +f I-u �
• I
r
---------_
existing housing units through acquisition/rehabilitation, affordability
covenants on existing market rate rental housing, and preservation of at
risk multi-family rental housing We will also explore these opportunities
for Azusa
I
4.2 -Analysis of Site Suitability
I
Following the sites inventory, the suitability of proposed sites For ne%4
housing will be analyzed. Using information provided by the City, we will
analyze the capacity of each site based on existing and potential zoning and
development standards. We will also use information on potential sites to
characterize potential environmental and other constraints that could affect
development potential, and to verify whether they provide sufficient
incentive to facilitate and encourage the production of a range in housing
types and prices in the community.
4.3 - Inventory of Financial and Administrative Resources
This section will include an inventory and review of financial resources
(includes federal, state, and local resources) available for program
implementation. Also included will be an inventory of administran ive
resources (such as local nonptofits) available to help the City preserve at-
risk housing. As required by state law,resources also include opportunities
for energy conservation which will describe the role of energy conservation
in reducing long-term housing costs, conservation techniques and
programs, and local, State, and federal policies and regulations for energy
conservation.
Meetings
--- -
One (1) meeting with City staff to discuss housing resources, sites, acid
credits towards the RHNA
- _ .
Work Products
Housing Resources and Opportunities Report,including appropriate maps,
tables,and exhibits(one electronic copy)
TASK 5- DRAFT HOUSING PLAN
Based the needs and constraints analysis and a revdew with City staff of
current and planned housing programs, a draft Housing Plan and Program
will be developed
5.1 - Goals, Policies, and Quantified Objectives
The draft Housing Plan will state the City's goals, policies, and quantified
objectives relative to the maintenance, preservation, improvement, and
development of housing. The draft Housing Plan wdll state preliminary goals
and policies for each of the required program components.
5.2 — Implementation Program
Specific programs to be implemented over the program period will be
described in detail To make adequate provision for the housing needs of all
economic segments of the community, the Implementation Program shall
address all of the following components:
Identify adequate sites which will be made available through
appropriate zoning and development standards and with services
and facilities needed to facilitate and encourage the development of
a variety of types of housing for all income levels.
Assist in the development of adequate housing to meet the needs of
extremely low,very low,low,and moderate income households
Address and, where appropriate and legally possible, remove
governmental constraints to the maintenance, improvement, and
development of housing.
Conserve and improve the condition of the existing affordable
housing stock
Promote housing opportunities for all persons regardless of race,
religion, sex, marital status,ancestry, national origin,color, familial
status,or disability.
Preserve for lower-income households the assisted housing
developments at risk of conversion to market rate housing (if such
exist).
As appropriate, specific objectives - by income group - wiil be included in
each program description.
The draft Housing Program will identify the agencies and officials
responsible for the implementation of the various actions and the means by
which consistency will be achieved with other General Plan elements and
community goals
_ ...... ._...
Meetings
One (1)meeting with City staff to review the Draft Housing Plan
Work Products
Draft Housing Plan and implementation Program including appropriate
tables and exhibits(one electronic copy)
TASK 6 — PREPARE DRAFT HOUSING ELEMENT
6.1 —Administrative Draft Housing Element
The Administrative Draft is the document that will be submitted to City
staff for review and comment prior to release to the Planning Commission
and City Council We will prepare a complete draft of the Element for
review.
r
6.2 - Public Review Draft Housing Element
i
Following staff's review of the Administrative Draft Housing Element, we
will make revisions as directed by staff and prepare a version for reviewby
the public and decision makers prior to Element transmittal to BCD.
6.3 - Community Workshop to Review Preliminary Draft Housing
Element
I
State housing element law ,requires that meaningful public outreach le
included as part of the element update process. in the RFP, the City
indicates its desire to conduct two community workshops for the Housing
Element program. We believe that a single workshop will be sufficient do
accomplish City and program objectives and thus have planned for one,
with the second workshop indicated as an optional task. This approach can
be explored with you during the scope refinement task. i i
Based on our prior work experiences in Azusa, we believe that the public
responds best when participants can react to concrete proposals. Thus,wve
propose to conduct the community workshop once the draft Housing
Element has been completed. The format we envision is a joint workshop
with the Planning Commission and City Council, open to the public, that
provides a forum to discuss housing needs in Azusa. Outreach efforts will
include personal invitations to special needs communities (low income,
disabled, elderly, and families), social services providers, non-profit
organizations focused on housing, and other groups the City indicates are
appropriate. At the workshop, we will provide an overview of the
requirements for a housing element, Azusa's identified needs, and the
proposed strategies to address those needs. The public and decision makers
will be asked to review and provide feedback on the information provided.)
i
6.4 -Transmittal Draft Housing Element for HCD Review
Following the joint study session/workshop, we will meet with staff 'to
review the public comments and direction from decision makers. Based on
that input,we will prepare a Draft Housing Element for submittal to HC U.
I
6.5 - Responses to HCD Comments j
Based on our experience preparing housing elements,we anticipate that for
this first submittal to HCD,HCD staff will take the full 90 days allowed by
law to complete its review. During this time - and during the course lof
element preparation-we will keep in constant communications with BCD
staff to facilitate review and anticipate/respond to any specific concerns
staff may have. If appropriate, the City at this stage may request that HCD
conduct a site visit. Following the review period, HCD will transmit its
findings to the City The findings will be in the form of suggestions on what
changes and additions need to be made to the Draft Housing Elementlin
order for HCD to find that the Element is in compliance with State law. We
will prepare a response to the HCD comments. This task will involve the
following:
A summary of each HCD comment in the form of the actions that
need to be taken
i -
�'-({,r�,,�.l�i}
Development of draft analysis and narratives to address each
comment
Review by City staff of the draft responses to HCD review
comments.
Transmittal of the responses to HCD for additional review and
comment.
Because we cannot anticipate the depth and scope of comments HCD will
offer nor the time required to effectively negotiate to a position acceptable
to the City, we have provided an allowance for this task in the program
budget If additional effort is required beyond this allowance, we will bill
for additional work on a reimbursable basis with prior authorization from
the City. Our scope assumes that we will be able to reach resolution on all
issues, allowing work to move forward with preparation of the Public
Hearing Draft Housing Element
6.6 — Public Hearing Draft Housing Element
The Administrative Public Hearing Draft Housing Element will be prepared
following receipt of HCD correspondence by the City that the responses to
HCD's comments are adequate. The Final Housing Element for Public
Hearing then will be completed based on the Transmittal Draft, approved
responses to HCD comments,community input,and additional staff input.
_.....
........... ._.._. _. _ . ......
Meetings
One (1) meeting with City staff to review the Administrative Draft
Element
One community workshop to review Draft Housing Element
One (1) meeting. with City staff to review responses to HCD
comments
Work Products
Administrative Draft Housing Element (one electronic copy and 10
hard copies)
Public Review Draft Housing Element (one PDF copy, 50 hard
copies,and 50 compact disc copies)
Meeting materials, including PowerPoint presentation and visual
aids
Meeting summary
Transmittal Draft Housing Element(one PDF copy)
Memorandum summarizing responses to HCD comments
Administrative Public Hearing Draft Housing Element (one PDF
copy and 10 hard copies)
Public Hearing Draft Housing Element for Public Hearing(one PDF
copy)
OPTIONAL TASK —ADDITIONAL COMMUNITY MEETING
In addition to the proposed community mecting/joint study session to
review the draft Housing Element prior to submission to HCD(Task 6),the
-P 4 •til 7 4 `'
City may wish to hold a supplemental community meeting to respond co
questions during public review of the Draft Housing Element Hogle-
Ireland will be available to answer questions on housing element
requirements, A_usa's identified needs, and the proposed strategies to
address those needs.
TASK 7— HOUSING ELEMENT CEQA DOCUMENTATION
7.1 — Initial Study and (Mitigated) Negative Declaration
4
I
Per the California Environmental Quality Act (CEQA), adoption of or an
amendment to the Housing Element is considered a "project." Thus,
environmental review will be required as part of this assignment. For
almost all of the jurisdictions for which our team has prepared Housing
Elements, we have also completed the CEQA documentation, and in most
circumstances, that documentation consisted of an Initial Study leading to
adoption of either a Negative Declaration or Mitigated Negative
Declaration Typically, because housing programs are consistent with
adopted land use policy (for which thorough environmental analysis was
previously conducted) and/or do not propose actions that will result in
physical changes to the environment, a Negative Declaration or Mitigated
Negative Declaration is appropriate f
Because the City certified a Program EIR for the General Plan within the
past five years and we anticipate that the Housing Element will be
consistent with land use policy in the adopted Plan, we will tier upon the
General Plan Program EIR for Housing Element CEQA documentation. We
will prepare a preliminary draft Initial Study for City staff review. Upon
receiving staff's comments, we will prepare a Draft Initial
Study/(Mitigated)Negative Declaration for public circulation and review.
At the conclusion of the 30-day public review, written response to
comments will be prepared if necessary,constituting the Final (Mitigated)
Negative Declaration. Our budget provides an allowance for responding to
any comments received. Any additional time required beyond this
allowance will be billed on a reimbursable basis If necessary, a Mitigation
Monitoring Program with appropriate mitigation measures will accompany
the Final (Mitigated) Negative Declaration. This documentation will be
brought before the City Council for review and adoption.
7.2 — CECIA Support
I-logic-Ireland will be responsible for preparing, processing, and filing the
Notice of Intent to Adopt a (Mitigated) Negative Declaration and Initial
Study, the Final (Mitigated) Negative Declaration, and the Notice Iof
Determination,as required by the State Office of Planning and Research and
the Los Angeles County Cleric as required by law. The City will be
responsible for placing and paying for newspaper ads and for paying all
required filing fees. In particular, the City should be aware of the $1,800
charge for Fish and Game fees at the time of filing the Notice of
Determination
Work Products
Administrative Draft initial Study/(Mitigated) Negative
Declaration
Initial Study/(Mitigated) Negative Declaration for public
circulation
Final (Mitigated) Negative Declaration
Mitigation Monitoring and Reporting Program (if required)
Notice of Determination
TASK 8 - PUBLIC HEARINGS AND ADOPTION
Hogle-Ireland staff will be available to attend public hearings for the
certification of the Final (Mitigated) Negative Declaration and adoption of
the 2008 Housing Element. Our budget includes an allowance we consider
sufficient to attend three public hearings. Any time required beyond this
allowance will be billed Hogle-Ireland on a time-an-materials basis
--- - --- - -- __.._- .. --' -- ......__ . ........
Meetings
Three (3) Public Hearings
TASK 9 - FINAL HOUSING ELEMENT
Following the final City Council hearing, Hogle-Ireland will prepare a final
version of the Housing Element to incorporate directives of the City
Council and any changes to the draft required by HCD and City staff and
officials,for adoption and transmittal to the State.
If any further negotiations with HCD are required at this stage for
certification, Hogle-Ireland will follow through with assisting the City in
achieving State certification of the Housing Element after adoption by the
City. Our scope and budget provide for HCD coordination as an allowance,
as the scope of the revisions cannot be wholly anticipated at this time.
__.._.___.__......._...__...-----._..._..__.__.._.._...__._..-._._._.._.___._.._.._.._._...-.--- ----------
Work Products
Final Housing Element(one PDF copy,50 hard copies,and 50 compact disc
copies)
– SCHEDULE
The State Department of Housing and Community Development deadline
for adoption and submission of the Housing Element is June 30, 2008.
However, given that contract award is not anticipated until February of
2008, based on our assessment of the work required for this program, and
knowing that HCD review will most likely make use of the full review
period allowed under State law, we have prepared the following program
schedule. Adherence to this timeline is contingent upon timely receipt elf
information from the City and staff review of documents.
Project Month Milestone Task
Housing Element Update Project Initiation
February 2005 lick Off Ivlecting
Document Revic%v
2 Technical Report
��[aL00S I
Progress Report
lune 2008 Resources and Opportunities Report
Draft Housing Plan
July X008 Administrative Draft Housing Element
Public Review Draft Housing Element
-Study Scssion/Community Workshop I
July- August 2008 Draft Housing Element For HCD Revicw
Initial Srudy/(M)ND(30-clay review)
August - September Submit Draft Housing Element to HCD for
21105 rc ic_(90'day review acriod)
Respond to HCD Comments
Revisions to Housing Element per HCD
November 2008 comments —
Revised Draft i-lousing Elcmcnr and Final
CEQA Documentation for Adoption 1-Icarings^
Planning Commission Public Hearings
December 200B City Council Public Hearings I
City Council Adoption/Final Submittal to HCD
i
i
COST PROPOSAL
The budget on the following page represents our estimate of the fee
required to complete the Scope of Work outlined in this proposal. The
Hogle-Ireland Project Manager for the Azusa Housing Element project will
work closely with City staff to ensure accurate billing is controlled and
properly identified to the specific tasks, while providing high-quality
services. This will be accomplished by providing the City with monthly
invoices showing billing by percent complete for each task The Hogle-
Ireland Project Manager will be the primary point of contact for any
discrepancies in invoiced amounts, changes, additions or modification to
any contract resulting from this recruitment
As we cannot anticipate the scope of changes that may be recommended by
HCU, our cost proposal offers flexibility in modifying the work scope at a
later date. Any costs in excess of the indicated allowance shall be billed on a
reimbursable basis,with prior authorization.
Finally, we have provided an allowance for deliverables based on the
number of copies of documents that the City specified in the Request for
Proposals. We believe that fewer copies may be required and thus will bill
for all deliverables on a reimbursable basis to allow the City to achieve cost
savings
.:.! 41f4kf j'
— i r 1 , ,. ," it of I• ll�ii
f ( i
BiIILI rntrsnsa anum 2003 $140 $110 585 485 475 $70
TA5K 1.0 Pro ect Initiation
1.1 1 Hick-off Meeting 3 3 $675
13 Document Review 1 6 6 1 $L.160
TASK 2.0 Bickground Technical Rel2ort
2.1 Housing Needs Assessment 2 1 6 3D $3,450
2.2 Housing Constraints 2 4 16 36 2 $5,29D
TASK 3.0 Progress Report 1 2 4 16 $2,060
TASK 4.0 Housing Resources and O ortunities 2 16 34 30 12 L $8,380
TASK 5.0 Draft Housing Plan and Administrative Draft Housing Element
5.1 Goals.Policies,QuantifiedObjectives 2 1 6 16 $2,360
5.2 Implementation Plan 1 1 lb 20 $3,310
TASK 6.0 Pre are Draft Housin Element
6.1 Adminisrrative Draft Housing Element 4 4 8 40 4 2 $5,320
6.2 Public Revieti/Draft Housing Element 3 4 8 $1,440
6.3 Community Worksho2 4 12 12 4 $2,900
6.4 Draft HousingElement 1 2 8 10 4 2 $2,330
65 HCD Coordination allowance 3 8 34 16 $5,550
6.6 Public Hearing Draft Housing Element 1 6 8 2 2 $1,620
TASK7.0 I CEQA
7.1 Initial Study/MND 16 8 50 6 4 $7,900
7.2 CEOA Su ort 2 2 8 2 $1,270
TASK 8.0 Hearings and Adoption allowance 12 12 4 $3,040
TASK 9.0 Final HousingElement
Prepare Final Element 2 2 6 10 2 2 $2,150
Ongoing HCD Coordination allowance) 2 4 10 $1,570
OPTIONAL I Addinonal Community Workshop 4 12 12 4 $2,900
Direct Costs-Allowance Reimbursable $3,000 $3,000
TOTAL 66 45 213 332 40 14 $3,000 $67,775
53� 777
V.. i15 ,I' sE fel<LI[ ,� f , ill it�lall 11 jidl Ir.._(f�u uu�lf. 7i �;
,4E
p
............ ..........'.
In this section, we provide client references for past projects that
demonstrate our experience and capabilities regarding housing elements. A
few of the projects included here were completed by Hogic-Ireland staff
while they were employed by other firms,as noted
Housing Element updates completed For the cities of Claremont and
Riverside were done so as part of comprehensive updates to these localities'
General Plan. Current Housing Element clients include the cities of
Adelanto, Alhambra, Baldwin Park, Garden Grove, Norco, Monterey Park,
Montebello, Rialto,Perris,Torrance,and Vernon
City of Claremont Housing Element Update
Lead consultant for the City of ClaremonCs comprehensive General Plan
Update, including the City's 2000-2008 Housing Element (while with
EDA W)
Length of business relationship: 5 years
Contact: Lisa Prasse,City Planner
207 Han and Avenue
Claremont,CA 91711
(909)399-5460
City of Riverside Housing Element Update
Lead consultant for the City of Riverside's comprehensive General Plan
Update,including the City's 2000.2008 Housing Element(while with P&D
Consultants)-
Length
onsultants)Length of business relationship: 6 years
Contact: Diane Jer-ddris, Principal Planner
3900 Main Street
Riverside,CA 92522
(951) 826-5625
City of Newport Beach Housing Element Update
Hogle-Ireland, Inc updated the City of Newport Beach's 2000-2005,
Housing Element as part of a comprehensive General Plan update.
Length of business relationship: 15 years
Contact: Ms Sharon Wood,Assistant City Manager
3300 Newport Blvd.
Newport Beach,CA 92663
(949)644,3222
i U .'r� [: -SrclT I�i n J�i .^,'�_f .r 2
�.� i'
City of Montebello Housing Element Update
Lead consultant For the City of Montebello's comprehensive General Plan
Update,including the City's 2000-2008 Housing Element (while with P& b
Consultants) Ms. Stetson and Ms Gonzalez are now worldng
collaboratively on the update For the 2008-2014 cycle.
Length of business relationship: 5 years
Contact: Michael A Huntley,Community Development Director
1600 W.Beverly Blvd.
Montebello,CA 90640
(323)887.1477
G 1 1
We wish to present no additional data
lai;uin �iOB �}g ,(�..�.4,tir"tz.Clfoo �',"
I
U
'bq(rroa�'P
ru
I
CITY OF AZUSA
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
TUESDAY,JANUARY 22,2008-8:53 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.
Chairman Rocha called the meeting to order. all to Order
ROLL CALL Roll Call
PRESENT: DIRECTORS: GONZALES,CARRILLO,MACIAS, HANKS, ROCHA
ABSENT: DIRECTORS: NONE
ALSO PRESENT: Also Present
General Counsel Martinez,Executive Director Delach,Assistant Executive Director Person,City
Department Heads, Secretary Mendoza, Deputy Secretary Toscano.
AUTHORIZATION TO AWARD THE OFFSITE UTILITIES CONTRACT FOR THE UTILITY Award of bid
CONSTRUCTION TO THE BLOCK 36 PROJECT LOCATED AT 100-152 E. FOOTHILL Offsite Utll
BOULEVARD,AND 614-640 N.AZUSAAVENUE. EconomicXommunity Development Director Block 36
Coleman addressed the item detailing the history and process for bidding,advertisement,pre- BNB Engineering
bid Job walk,etc,and responded to questions posed by the Directors. He noted if project was
not complete within a timely manner it would cost$500 per day and language was included in
the bid specifications. Moved by Director Hanks, seconded by Director Macias and
unanimously carried to approve and award the contract for the Block 36 Offsite Utilities
Project to BNB Engineering Inc. in the amount of $793,851 and authorize the Executive
Director to execute contracts and agreements with BNB Engineering Inc.
The CONSENT CALENDAR consisting of Items E-1 through E-4,was approved by motion of (Consent Cal.
Director Carrillo, seconded by Director Macias and unanimously carried. Approved
1. Minutes of the regular meeting of January 7, 2008,were approved as written. Min approved
2. The Professional Service Contracts Quarterly Report through December 31, 2007 was (Prof Svs
received and filed. Contracts
3. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSAAPPROVING Res. 08-R2
THE ANNUAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2007. AnnualRpt
4. Resolution was adopted and entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Res. 08-R3
CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY (Warrants
FUNDS. I
It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn
TIME OF ADJOURNMENT: 9:00 P.M.
I
SECRETARY
NEXT RESOLUTION NO. 08-R4.
_ m
I
- I
AGENCY CONSENT ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD
a�
FROM: BRUCE COLEMAN, ECONOMIC/COMMUNITY DEVELOPMENT DIRECTOR
VIA: F. M. DELACH, EXECUTIVE DIRECTOR« ll if'(,'00
I
DATE: FEBRUARY 4, 2oo8
SUBJECT: MODIFIED PURCHASE AND SALE AGREEMENTWITHTHE METROGOLD LINECONSTRUGTION
AUTHORITY FOR THE ACQUISITION OF THE REAL PROPERTIES WHOSE ASSESSOR PARCEL
NUMBERS ARE 8608-024-900 (TARGET SITE)AND 8608-o28-907(WAIF DALTON SITE)II
RECOMMENDATION
I
It is recommended that the Agency Board adopt a resolution approving the Modified Purchase and Sale
Agreement for the acquisition of the northerly forty feet of APN #: 8608-o24-9oo and APN#: 8608-028-907.
The total site to be acquired is approximately 17,420 square feet with the Target Site parcel measuring 1 Iz,800
sq.ft. and the Watt Dalton Site parcel measuring 4,620 sq.ft.
BACKGROUND
In orderto eliminate blight in the Central Business District area,in 2003,the Agencyadopted the Amended and
Restated Redevelopment Plan forthe Merged Central Business District and West End Redevelopment Projects.
One vehicle for the elimination of blight is the assemblage of improved, odd-shaped parcels into a single,
larger"squared-off"parcel. Such assemblage can have the economic benefit of(a)eliminating any funciional
inefficiency or obsolescence caused by the"odd-shaped" nature of a parcel,and(b)creating a larger parcel
that can accommodate certain projects(i.e.community shopping centers or mixed use developments)that
smaller parcels would be unable to accommodate due to their size. j
BACKG RO U N D—TARG ET S ITE
The Redevelopment Agency of the City of Azusa("Agency")entered into a Letter of Intent("LOI")with Target
Stores Inc.("Target')for the development of a unique urban Target situated adjacent to a proposed mlixed
use development site and a Metro Gold Line light rail station.The proposed acquisition site is within the Target
project site as identified in the executed LOL
The Target development site includes an area west of Azusa Avenue,north of Metro Gold Line Construction
Authority right of way, south of 9`"Street and east of San Gabriel Avenue.The proposed site,owned by the
Metro Gold Line,is required to facilitate the development of the Target store.The Metro Gold Line currently
leases the site to a masonry business that has been notified, by the Metro Gold Line, of the impending sale
and requirement to relocate.
The Honorable Chairman and Members of the Agency Board _
Subject:Acquisition of APN A 8608-024-900 8,8608-028-907
February 4,2008
Page z of 3
Redevelopment of the Target project site properties for a Target Store will assist the Agency in its goal to
revitalize the Merged Central Business District and West End Redevelopment Projects ("Project Area"),
improve the retail opportunities in the Project Area and assist the City in revitalizing the downtown to be a
transit village that is more prosperous,walkable, healthy and economically viable.
The parcel of real property located at APN # 86o8-024-900 in Azusa is situated within the Central Business
District Redevelopment Area.Assemblage of this parcel with the previously acquired adjoining parcels could
produce a single parcel available for the proposed Target project.
At the direction of the Agency Board, Agency staff submitted to the Metro Gold Line,the formal Letter Of
Intent to Purchase the property for a mutually agreed upon value of$35.00 per square foot. The property
owner, Metro Gold Line Construction Authority(`Seller"),accepted,subject to Agency Board approval,for a
purchase price of $448,000 (Exhibit A - Purchase Agreement). The Agency has appraised the property,
completed all environmental review(Phase I &II Assessments)and negotiated with the Seller the purchase
price. The purchase price represents no more than the appraised value of the subject property.
The purchase price includes,without limitation,full payment to Metro Gold Line of just compensation and any
relocation benefits, leasehold interest, goodwill, furniture, fixtures and equipment, attorneys'fees, costs,
interest, and damages in complete settlement of all claims (known and unknown), causes of action and
demands of Seller against the Buyer because of Buyer's purchase of the Property,and for any and all claims in
complete settlement of all claims(known and unknown)arising from or relating to the purchase and sale of
the property.
Agency staff believes that acquisition by the Agency of the property located at APN #: 86o8-o24-900 for
assemblage and redevelopment is a public use;that the property located at APN#:86o8-024-900 is necessary
for such redevelopment and/or assemblage and that the assemblage project is designed in a manner
consistent with the greatest public good and least private injury.
BACKGROUND-WATT DALTON SITE
The Redevelopment Agency of the City of Azusa("Agency")entered into a Memorandum Of Understanding
("MOU")with Watt Genton Associates,LP("WGA"or"developer")for the development of a master planned
civic and transit center oriented development entitled"Downtown North."The proposed acquisition is within
the Downtown North Project boundaries.
The Downtown North development site includes an area east of Azusa Avenue,north of Foothill Boulevard,
south of 9th Street and east of Dalton Avenue.The site currently includes a variety of amortized uses and older
buildings in need of reinvestment.The Site consists of Agency-owned land,light industrial,and underutilized
commercial properties.
Redevelopment of these properties for a mixed use project will assist the Agency in its goal to revitalize the
Merged Central Business District and West End Redevelopment Projects("Project Area"),improve the housing
supply in the Project Area and assist the City in revitalizing the downtown to be a transit village that is
prosperous,walkable, healthy and economically viable.
The objective of the Agency is to redevelop Downtown North into a mixed use development comprised of
retail,entertainment,outdoor dining,residential,office,and a new public librarywithin a transit village design
I
The Honorable Chairman and Members of the Agency Board
Subjects Acquisition of APN P.8608-024-900&8608-028-907
February 4,2008
Page 3 of 3
concept.
The parcel of real property located at APN #: 86o8-028-907 in Azusa is situated within the Central Business
District Redevelopment Project Area.Assemblage of this parcel with adjoining parcels could produce a single
parcel available for the proposed Dalton Phase of the Downtown North Project. l
i
The Agency has appraised the property and made a formal Offer to Purchase the Property from the Metro
Gold Line Construction Authority.The purchase price for the subject site is$138,600 or$30.00 per square foot
(Exhibit A- Purchase Agreement).
I
The purchase price includes,without limitation,full payment to Metro Gold Line of just compensation arid any
relocation benefits, leasehold interest, goodwill, furniture, fixtures and equipment, attorneys' fees, costs,
interest, and damages in complete settlement of all claims (known and unknown), causes of action and
demands of Seller against the Buyer because of Buyer's purchase of the Property,and for any and all claims in
complete settlement of all claims(known and unknown)arising from or relating to the purchase and sale of
the property.
Agency staff believes that acquisition by the Agency of the property located at APN #: 86o8-o28-907 for
assemblage and redevelopment is a public use;that the property located at APN#:86o8-o28-907 is necessary
for such redevelopment and/or assemblage and that the assemblage project is designed in a manner
consistent with the greatest public good and least private injury.
Modified Purchase and Sale Agreement
On December 17,2007,the Agency Board voted to approve the original Purchase and Sale Agreementfor the
Watt Dalton and Target Sites. The Purchase and Sale Agreement was subsequently forwarded to the Gold Line
Board, who voted to approve the attached Modified Purchase and Sale.Agreement. The modifications
contained within the Modified Purchase and Sale Agreement affect both the Watt Dalton and Target Sites. A
summary of the modifications contained in the Modified Purchase Agreement are as follows:
1) The acquisition price per square foot for the Watt Dalton Site was reduced from $35.00 to $30.00,
which will result in a savings of approximately$23,100 to the Agency.
2) In consideration for the reduced acquisition price of the Watt Dalton Site, the Modified Purchase
Agreement obligates the Agency to provide any required relocation assistance to GC Masonry, a
tenant currently leasing a portion of the Target Site along San Gabriel Avenue.GC Masonry utilizes the
site for vehicle and material storage.
FISCAL IMPACT
The cost for this acquisition is$586,60o excluding escrow costs(title report,etc).Additional costs relat ed to
this Agreement,but not yet determined,is any relocation assistance payment to GC Masonry. Agency sl aff is
in the process of determining this value.
Attachments:
Exhibit"A": Modified Purchase and Sale Agreement by and among the Metro Gold Line Construction
Authority and the Redevelopment Agency of the City of Azusa
Exhibit"B": Resolution of the Redevelopment Agency of the City of Azusa approving a
purchase agreementforthe purchase of certain real property acquisition of the
northerly fortyfeet of APN#86o8-024-9oo and APN if: 86o8-028-907 within the
Merged Central Business District and West End Redevelopment Project Area
PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (this "Agreement") is made as of January _, 2008 ("Effective Date"), and is
entered into by and between the PASADENA METRO BLUE LINE CONSTRUCTION
AUTHORITY, a public body organized under the laws of the State of California, also known as
the METRO GOLD LINE FOOTHILL EXTENSION CONSTRUCTION AUTHORITY
("Seller"), and the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body,
corporate and politic ("Buyer" or"Agency").
RECITALS:
A. Seller is the owner of fee title to parcels identified as Assessor Parcel Number
8608-024-900 ("Target Site") and Assessor Parcel Number 8608-028-908 ("Watt Dalton Site")
as more particularly described in Exhibit"A" attached hereto and incorporated herein by
reference (collectively,the "Property"). The term "Property" as used herein includes,without
limitation, all of Seller's right, title and interest in and to any and all improvements, fixtures,
adjacent streets, alleys, appurtenant easements and rights of way, sewer rights, utility rights,
entitlements, claims, or other benefits in any way connected with the Property.
B. ' The total site to be acquired is approximately 17,420 square feet with the Target
Site parcel measuring 12,800 square feet and the Watt Dalton Site parcel measuring 4,620 square
feet. The Target Site is situated within the Central Business District Redevelopment Area and
the Watt Dalton Site is situated within the proposed added area to the Central Business District
Redevelopment Area("Project Areas").
C. Redevelopment of the Property for a mixed use project will assist the Agency in
its goals to revitalize and improve the retail opportunities and the housing supply in the Project
Areas and assist the City in revitalizing the downtown to be a transit village that is prosperous,
walkable, healthy and economically viable.
D. Agency desires to purchase and acquire from Seller and Seller desires to sell and
convey to the Agency fee title to the Property pursuant to the terms and conditions contained in
this Agreement.
AGREEMENT:
NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein, the mutual covenants and agreements contained herein and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer
agree as follows:
1. Purchase and Sale.
Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the
Property from Seller,upon the terms and subject to the conditions contained herein.
11410-0010\1020611v2.doc
i
i
2. Purchase Price.
2.1 The purchase price for the Property shall be Five Hundred and Eighty Six
Thousand Six Hundred Dollars ($586,600.00) (the "Purchase Price"), which includes,
without limitation, full payment of just compensation, relocation benefits, leasehold
interests, lease bonus value, goodwill, furniture, fixtures and equipment, attorneys' fees,
costs, interest, and damages in complete settlement of all claims (known and unknown)',
causes of action and demands of Seller against the Buyer because of Buyer's purchase of
the Property.
2.2 Although the Purchase Price provides for complete satisfaction of any
relocation benefits to which the Seller may be entitled, Buyer and Seller acknowledge
that, independent of any Seller's relocation benefits, Seller's tenant(s), who occupied the
Property at the time negotiations for the purchase of this Property were initiated, may be
entitled to the payment of statutory relocation benefits. Buyer hereby acknowledges its
obligation to satisfy any and all obligations with respect to providing relocation benefits
to such tenant(s) to the extent that he or she is entitled under the law as a result of
Buyer's purchase of this Property. In furtherance of that obligation to satisfy all
relocation claims, Buyer does hereby agree to defend and indemnify Seller against any
and all claims for relocation benefits arising out of or in any way related Buyer's
acquisition of the Property.
2.3 At Close of Escrow(defined below), Buyer shall pay Seller through
escrow the Purchase Price, payable in cash,by cashier's check or certified check.
3. Escrow: Certain Defined Terms.
3.1 Promptly after the mutual execution of this Agreement, the parties shall
open an escrow(the "Escrow") at Southland Title Company ("Escrow Holder"),
, Burbank, California Attn:
Escrow Officer, Phone: (818) Fax: (818) and shall
deliver a copy of this executed Agreement with Escrow Holder. This Agreement shall
then constitute the initial instructions of the parties as to the terms and conditions of the
Escrow.
3.2 As used herein: (i)the "Opening of Escrow"means the date Escrow
Holder agrees to act as "Escrow Holder" in accordance with this Agreement; (ii) the
"Close of Escrow"means the recording of the "Deed" (as defined below) in the Oficial
Records of Los Angeles County, California; and (iii)the "Closing Date" means the date
that is thirty (30) days after the last day of the Due Diligence Period (as defined in
Section 5.1 below). As used herein, the term"Deed" shall mean a"Grant Deed" in the
form attached hereto as Exhibit"B" (which must be executed by both Buyer and Seller,
and acknowledged prior to the Close of Escrow). 1
3.3 Within five (5) days after the Effective Date hereof, Buyer shall deliver Ito
Escrow Holder an earnest money deposit in the amount of Fifty Thousand
Dollars ($50,000.00) (the "Deposit") in the form of a cashier's check, by a federal wire
transfer, or other form acceptable to the Escrow Holder. The Deposit shall be placed in
11410-0010\1020611v2.doc -2-
an interest-bearing bank account(the "Escrow Account") and all interest accruing
thereon shall increase and become a part of the Deposit. On the Close of Escrow, the
Deposit shall be applied toward the Purchase Price. The remaining balance of the
Purchase Price shall be payable by Buyer in the form of a cashier's check, federal wire
transfer, or other form acceptable to the Escrow Holder and placed in the Escrow
Account on or before the Close of Escrow. Except as set forth in Section 9 hereof, the
Deposit shall be non-refundable and shall be applied toward the Purchase Price at the
Close of Escrow.
4. Closing Costs. Seller shall pay for a CLTA title insurance policy for the Property.
If Buyer desires extended coverage and/or an ALTA policy, or any endorsements, Buyer shall
pay the additional cost thereof, provided that issuance of an ALTA policy and/or any
endorsements shall not be a condition to the Close of Escrow. In any event, Buyer is solely
responsible for obtaining and paying for any survey necessary therefor. The escrow fees shall be
paid half by Seller and half by Buyer. Seller shall pay all documentary transfer taxes in
connection with recording the Deed.
5: Due Diliaence; Title; Contingency. Buyer's obligation to purchase the Property is
subject to Buyer's approval, waiver or deemed approval, during the"Due Diligence Period" (as
defined below), of the contingencies set forth in Sections 5_2 and 5_3, which approval or waiver
shall be given or withheld in Buyer's sole discretion. Buyer shall promptly commence, and
diligently pursue, its due diligence review of the Property. Buyer's disapproval, or deemed
disapproval, of any such contingencies prior to the expiration of the Due Diligence Period, shall
automatically terminate this Agreement without liability of either parry therefor(except for those
provisions that expressly survive any such termination).
5.1 Due Diligence Period. Buyer shall have until 5:00 p.m. on the date that is
sixty (60) days after the Effective Date (the"Due Diligence Period")to make such
investigations, tests and studies of the Property as Buyer deems appropriate. Buyer's due
diligence of the Property, including physical inspections, shall be at Buyer's sole cost and
expense.
5.2 Property Inspections. Buyer and its agents and/or employees may enter
the Property during the Due Diligence Period to make tests or other studies; provided,
however, that Buyer does all of the following: (i) not unreasonably interfere with the use
of the Property by Seller, (ii) not conduct any invasive testing (including the groundwater
beneath the Property) without the prior consent of Seller,not to be unreasonably withheld
or delayed, (iii) pay for all tests and studies, (iv) promptly following any termination of
this Agreement, deliver to Seller a copy of any test, study, report, survey or other
document obtained by Buyer with respect to the Property, (v)keep the Property free and
clear of any liens arising out of such entry or such tests and studies, (vi) promptly repair
all damage caused by such entry or such tests and studies, and(vii) release, defend,
indemnify and hold Seller harmless from and against any and all liabilities, claims, liens,
demands, damages and costs of any kind whatsoever(including attorney, expert and
consultant fees and other costs of litigation) arising from or in connection with such
entry, inspections, tests and studies. The foregoing shall be continuing obligations of
Buyer surviving the Close of Escrow and any termination of this Agreement.
11410-0010\1020611v2.doc -3-
5.2.1 Notice. Buyer shall have until the expiration of the Due Diligence
Period to deliver to Seller a written notice disapproving the Property and
terminating this Agreement.
5.2.2 Confidential. Except as required by applicable law, Buyer shall
keep the results of all tests and studies of the Property confidential and shall not
disclose the results thereof to any outside parties (beyond its employees,
members, attorneys, consultants, agents or representatives).
5.2.3 .Entry. Buyer shall give Seller not less than one (1)business day
prior notice of any entry onto the Property. Such notice shall specify the day and
time of each such entry. Seller may accompany Buyer during any such entry,
which shall occur during normal business hours.
I
5.3 Title Condition and Transfer Instruments.
5.3.1 Title Documents. Within five (5) days after the Effective Date,
Escrow Holder shall deliver to Seller and Buyer a preliminary report for the
Property from Southland Title Company("Title Company"), together with '
.Is
of all instruments noted as exceptions therein (the "Preliminary Title Report").
Buyer shall have until the expiration of the Due Diligence Period to deliver to
Seller a notice of any objection to the condition of title to the Property as
described in the Report; provided,however, that Buyer shall not have the right to
object to: (i) matters affecting title suffered or created by, or with the consent of;
Buyer; (ii) any matter in the Deed. Buyer's failure to object to any condition of
title to the Property as described in the Report prior to the expiration of the Due
.Diligence Period shall be conclusively deemed Buyer's approval/waiver of the
contingency set forth in this Section 5.3.
I
5.3.2 Title Policy. At the Close of Escrow, Seller shall convey the
Property to Buyer by the Deed. Buyer's title shall be evidenced by the
willingness of Title Company to issue its standard CLTA Owner's Form Policy of
Title Insurance (the "Title Policy") in the amount of the Purchase Price, showing
title to the Property vested in Buyer subject to the exceptions described in j
Section 5.3.1 and any other exceptions in the Report not timely disapproved by
Buyer (collectively, the"Permitted Exceptions").
I
6. Seller's Acknowledgement and Full Release. Seller acknowledges and agrees to
the following:
6.1 SELLER ACKNOWLEDGES THAT, IN ACCORDANCE WITH
APPLICABLE PROVISIONS OF CALIFORNIA LAW, SELLER MAY BE ENTITLED TO
THE PAYMENT OF RELOCATION EXPENSES, PAYMENTS FOR LOSS OF GOODWILL,
NST COMPENSATION, INVERSE CONDEMNATION, UNLAWFUL PRE-
CONDEMNATION CONDUCT, AND OTHER BENEFITS. AND REIMBURSEMENTS
OTHER THAN THOSE EXPRESSLY PROVIDED FOR IN THE AGREEMENT
(COLLECTIVELY, "BENEFITS") IN CONNECTION WITH BUYER'S ACQUISITION OF
THE PROPERTY. SELLER, ON BEHALF OF ITSELF AND ITS HEIRS, EXECUTORS,
11410-0010\1020611v2.doc -4-
ADMINISTRATORS, SUCCESSORS AND ASSIGNS, ACKNOWLEDGES THAT BUYER'S
PERFORMANCE UNDER THIS AGREEMENT CONSTITUTES FULL AND COMPLETE
SATISFACTION OF BUYER'S OBLIGATIONS TO PROVIDE THE BENEFITS TO THE
SELLER.
6.2 SELLER HEREBY WAIVES, TO THE MAXIMUM LEGAL EXTENT,
ANY AND ALL CLAIMS, REMEDIES AND CAUSES OF ACTION FOR DAMAGES,
LIABILITIES, LOSSES OR INJURIES RELATED TO BUYER'S ACQUISITION OF THE
PROPERTY, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR
UNFORESEEABLE. THE PARTIES HERETO AGREE THAT THIS AGREEMENT SHALL
NOT, IN ANY MANNER BE CONSTRUED AS AN ADMISSION OF THE FAIR MARKET
VALUE OF THE PROPERTY, OR OF ANY LIABILITY BY ANY PARTY TO THIS
AGREEMENT. SELLER ON BEHALF OF HIMSELF AND HIS HEIRS, EXECUTORS,
ADMINISTRATORS, SUCCESSORS AND ASSIGNS, HEREBY FULLY RELEASES
BUYER, ITS SUCCESSORS, AGENTS, REPRESENTATIVES AND ASSIGNS, AND ALL
OTHER PERSONS AND ASSOCIATIONS, KNOWN AND UNKNOWN, FROM ALL
CLAIMS AND CAUSES OF ACTION BY REASON OF ANY DAMAGE WHICH HAS
BEEN SUSTAINED, OR MAY BE SUSTAINED, AS A RESULT OF BUYER'S PURCHASE
OF THE PROPERTY OR ANY PRELIMINARY STEPS THERETO.
6.3 Seller hereby acknowledges that it has either consulted with legal counsel or
had an opportunity to consult with legal counsel regarding, and represents and warrants that it is
familiar with, the provisions of California Civil Code Section 1542, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR."
Seller acknowledges that with respect to the sale of the Property to Buyer, Seller may have
sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and
such damage, loss; costs or expenses which may have been sustained, may give rise to additional
damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges,
represents and warrants that this Agreement has been negotiated and agreed upon in light of that
situation, and hereby waives, to the maximum legal extent, any rights accruing to him under
Section 1542 or other statute or judicial decision of similar effect.
Seller's Initials:
This acknowledgment and release shall survive the Close of Escrow.
7. Condition of Property. Buyer acknowledges and agrees to the following:
7.1 (I) EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT,
THE SALE OF THE PROPERTY HEREUNDER IS AND WILL BE MADE ON AN
"AS IS, WHERE IS" BASIS; AND (II) EXCEPT AS OTHERWISE PROVIDED IN
THIS AGREEMENT, SELLER HAS NOT MADE, DOES NOT MAKE AND
SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS,
WARRANTIES OR GUARANTIES OF ANY KIND OR CHARACTER
11410-0010\1020611v2.doc -5-
i
WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST,
PRESENT OR FUTURE OF, AS TO, CONCERNING OR WITH RESPECT TO THE
PROPERTY OR ANY OTHER MATTER WHATSOEVER.
7.2 BUYER IS SOPHISTICATED AND FAMILIAR WITH REAL ESTATE
PROJECTS SIMILAR TO THE PROPERTY AND THAT BUYER HAS, OR WILL
HAVE, ADEQUATE OPPORTUNITY TO COMPLETE ALL PHYSICAL,
ENVIRONMENTAL AND FINANCIAL EXAMINATIONS RELATING TO ITS
ACQUISITION OF THE PROPERTY THAT IT DEEMS NECESSARY, AND
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, WILL ACQUIRE
THE PROPERTY SOLELY ON THE BASIS OF, AND IN RELIANCE UPON, SUCH
EXAMINATIONS AND THE PROTECTION AFFORDED BY THE TITLE POLICY!
AND NOT ON ANY INFORMATION PROVIDED BY, OR RECEIVED FROM,
SELLER.
7.3 BUYER ACKNOWLEDGES AND AGREES THAT ANY
INFORMATION RECEIVED BY BUYER FROM SELLER(OR ANY AGENT,
REPRESENTATIVE, DIRECTOR, OFFICER, EMPLOYEE OR OTHER PERSON OR
ENTITY ACTING ON SELLER'S BEHALF) WITH RESPECT TO THE PROPERTY
WAS PROVIDED SOLELY FOR BUYER'S CONVENIENCE AND WAS OBTAINED
FROM A VARIETY OF SOURCES AND SELLER DID NOT MAKE ANY
INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION
AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR
WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF SUCH
INFORMATION, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, SELLER SHALL
NOT BE LIABLE FOR ANY FAILURE TO INVESTIGATE THE PROPERTY OR
FOR ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS,
APPRAISALS, ENVIRONMENTAL ASSESSMENT REPORTS OR OTHER
INFORMATION FURNISHED TO BUYER BY SELLER (OR ANY AGENT,
REPRESENTATIVE, DIRECTOR, OFFICER, EMPLOYEE OR OTHER PERSON OR
ENTITY ACTING ON SELLER'S BEHALF).
7.4 Buyer, hereby fully and entirely releases and discharges Seller from any
and all claims, liabilities, losses, damages and expenses, of whatever nature, anticipated
or unanticipated, known or unknown, on account of the release or presence of any
Hazardous Substances (as hereinafter defined) in, on, under, or about the Property,
including but not limited to the cost of cleaning up the Property and removing Hazardous
Substances. In connection with such release, Buyer hereby waives all benefits of
provisions of California Civil Code Section 1542,which states as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
I
Buyer's Initials:
• I
11410-0010\1020611v2.doc -6-
Notwithstanding anything to the contrary set forth in this Agreement, the waivers
and foregoing release are not intended to and do not cover any claims arising from a
breach by Seller of any of its representations, warranties, covenants or other obligations
as set forth in this Agreement.
As used herein,the term "Hazardous Substances"means any and all hazardous
substances, including, without limitation, lead-based paint, asbestos and all of the
following:
(a) Those substances included within the definitions of hazardous
substance, hazardous waste,hazardous material, toxic substance, solid waste, or
pollutant or contaminant in CERCLA, RCRA, TSCA, H 4TA, or under any other
Environmental Law;
(b) Those substances listed in the United States Department of
Transportation (DOT) Table[49 CFR 172.101], or by the Environmental
Protection Agency (EPA), or any successor agency, as hazardous substances [40
CFR Part 302];
(c) Other substances, materials, and wastes that are or become
regulated or classified as hazardous or toxic under federal,state, or local laws or
regulations; and
(d) Any material,waste, or substance that is:
(i) a petroleum or refined petroleum product,
(ii) asbestos,
(iii) polychlorinated biphenyl,
(iv) designated as a hazardous substance pursuant to 33
USCS § 1321 or listed pursuant to 33 USCS § 1317,
(v) a flammable explosive, or
(vi) a radioactive material.
As used herein, the term "Environmental Laws" means all federal, state, local, or
municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of
any government authority regulating, relating to, or imposing liability or standards of conduct
conceming any Hazardous Substance (as later defined), or pertaining to occupational health or
industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws,
ordinances, or regulations relate to Hazardous Substances on, under, or about the Property),
occupational or environmental conditions on,under, or about the Property, as now or may at any
later time be in effect, including without limitation, the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS §§ 9601 et seq.]; the
Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS §§ 6901 et seq.]; the
11410-0010\1020611v2.doc -7-
I
Clean Water Act, also known as the Federal Water Pollution Control Act(FWPCA) [33 USCS
§§ 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 USCS §§ 2601 et seq.]; the
Hazardous Materials Transportation Act(HMTA) [49 USCS §§ 1801 et seq.]; the Insecticide,
Fungicide, Rodenticide Act [7 USCS §§ 136 et seq.]; the Superfund Amendments and
Reauthorization Act [42 USCS §§ 6901 et seq.]; the Clean Air Act [42 USCS §§ 7401 et seq.];I
the Safe Drinking Water Act [42 USCS §§ 300f et seq.]; the Solid Waste Disposal Act [42 USCS
§§ 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 USCS §§ 1201 et seq.];
the Emergency Planning and Community Right to Know Act [42 USCS §§ 11001 et seq.]; the
Occupational Safety and Health Act [29 USCS §§ 655 and 657]; the California Underground
Storage of Hazardous Substances Act [H & S C §§ 25280 et seq.]; the California Hazardous
Substances Account Act [H& S C §§ 25300 et seq.]; the California Hazardous Waste Control
Act [H & S C §§ 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act
[H & S C §§ 24249.5 et seq.]; the Porter-Cologne Water Quality Act [Wat C §§ 13000 et seq.]
together with any amendments of or regulations promulgated under the statutes cited above and
any other federal, state, or local law, statute, ordinance, or regulation now in effect or later I
enacted that pertains to occupational health or industrial hygiene, and only to the extent that the
occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous
Substances on, under, or about the Property,or the regulation or protection of the environmerit,
including ambient air, soil, soil vapor, groundwater, surface water, or land use.
7.5 From or after the Close of Escrow, Buyer shall indemnify, protect, defend
and hold harmless Seller and its officials, officers, attorneys, employees, consultants, agents and
representatives, from and against any and all claims, liabilities, suits, losses, costs, expenses and
damages, including but not limited to attorneys' fees and costs, arising directly or indirectly out
of any claim for loss or damage to any property, including the Property, injuries to or death of
persons, or for the cost of cleaning up the Property and removing Hazardous Substances
(including, without limitation, asbestos and lead-based paint),by reason of the release of any
Hazardous Substances that occurs during Buyer's period of ownership of the Property.
7.6 Sections 7.1 through 7_5 and this Section 7.6 shall survive the Close of
Escrow, and shall not be deemed to have merged into any of the documents, including the Deed,
executed or delivered at the Close of Escrow.
8. Taxes and Prorations. Escrow Holder shall prorate all current and non-delinquent
installments of real property taxes and assessments on the Property as of the Closing Date. if
any items to be prorated cannot be accurately calculated on the Closing Date, they shall be
prorated on an estimated basis and re-prorated as soon thereafter as feasible, or, at Seller's
election, prorated after the Close of Escrow. This Section 8 shall survive the Close of Escrow,
and shall not be deemed to have merged into any of the documents, including the Deed, executed
or delivered at the Close of Escrow.
9. Buyer's Contingencies. Buyer's obligation to consummate the purchase of the
Property is hereby conditioned upon the occurrence of all of the following(or Buyer's written
waiver thereof) on or before the Close of Escrow:
(a) Title Company's commitment to Buyer to issue the Title Policy in favor.of
Buyer with a liability amount equal to the Purchase Price showing Buyer's fee interest in the
Property subject only to the Permitted Title Exceptions.
11410-0010\1020611v2.doc -8-
(b) Seller's delivery of all documents required to be delivered by Seller
pursuant to Section I 1 hereof.
(c) The absence of a material adverse change in the condition of the Property
after Buyer's approval of the condition that has changed.
(d) Seller not being in default under this Agreement.
If any of the foregoing conditions precedent have not been either met to Buyer's sole
satisfaction or expressly waived in writing by Buyer on or before the Closing Date, then this
Agreement shall terminate at the option of Buyer, Buyer shall be entitled to the immediate refund
of the Deposit and, except as expressly set forth in this Agreement, neither party shall have any
further rights, duties and obligations hereunder.
10. Seller's Contingencies. Seller's obligation to consummate the sale of the Property
is hereby conditioned upon the occurrence of all of the following (or Seller's written waiver
thereof) on or.before the Close of Escrow:
(a) Deposit by Buyer of the Purchase Price (less the amount of the Deposit),
and all other sums to be deposited by Buyer in Escrow in accordance with the requirements
hereof.
(b) Buyer's delivery of all documents required to be delivered by Buyer
pursuant to Section 11 hereof.
(c) Buyer not being in default under this Agreement.
If all the foregoing conditions precedent have not been either met to Seller's sole
satisfaction or expressly waived in writing by Seller on or before the Closing Date, then this
Agreement shall terminate at the option of Seller, and, except as expressly set forth in this
Agreement, neither party shall have any further rights, duties and obligations hereunder.
11. Closing, Deliveries by Seller and Buyer.
11.1 On or before the Closing Date, Seller shall deliver to Escrow Holder the
following:
11.1.1 The Deed(or counterpart thereof) executed by Seller and
acknowledged;
11.1.2 An affidavit executed by Seller certifying that Seller is not a
"foreign person" within the meaning of Internal Revenue Code Section
1445(f)(3), as amended;
11.1.3 A California Form 593-C executed by Seller; and
11.1.4 Any other documents, instruments or agreements necessary for the
Close of Escrow.
11410-001011020611v2.doc -9-
I
11.2 On or before the Closing Date, Buyer shall deliver to Escrow Holder the
following:
11.2.1 The Purchase Price;
11.2.2 The Deed (or counterpart thereof) executed by Buyer and
acknowledged; and
11.2.3 Any other documents, instruments or agreements necessary for ie
Close of Escrow.
12. Disbursements and Other Actions by Escrow Holder. Upon the Close of Escro ,
Escrow Holder shall:
I
12.1 Cause the Deed to be recorded in the Official Records of Los Angeles
County, California;
12.2 Cause the Title Company to deliver the Title Policy to Buyer;
12.3 Deliver to Seller and Buyer conformed copies of all documents recorded
in the Official Records of Los Angeles County, California in connection with the Close
of Escrow;
12.4 Deliver to Seller the original executed Note; and
12.5 Deliver, to the appropriate parties, any other documents, instruments or
agreements to be delivered through the Escrow pursuant to the terms of this Agreement!
13. Condemnation; Destruction. All risk of loss with respect to the Property shall
remain with Seller until after the Close of Escrow and delivery of possession of the Property to
Buyer. If at any time prior to the Close of Escrow, the Property, or any portion thereof, is
damaged by fire or other casualty or taken or appropriated through eminent domain or similar
proceedings, or is condemned for any public or quasi-public use, Buyer may terminate this
Agreement. If Buyer terminates this Agreement, the Deposit shall be returned to Buyer and
Seller shall be entitled to receive all insurance proceeds payable to Seller and all condemnation)
proceeds actually paid for that portion of the property taken. If Buyer elects to maintain this
Agreement in full force and effect, Buyer shall be entitled to receive all insurance proceeds
payable to Seller or all condemnation proceeds actually paid for that portion of the Property
taken or, if such proceeds have been paid to Seller, Buyer shall receive a credit against the
Purchase Price equal to the amount of proceeds actually paid to Seller.
14. Brokerage Commissions. Buyer and Seller each represent that there are no
broker's commissions or finder's fees due in connection with this transaction. Buyer and Seller
shall each hold harmless and indemnify the other from any claims of brokers, agents or finders!
licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying
parry with respect to the transaction contemplated hereunder.
15. Liquidated Damages. SELLER AND BUYER AGREE THAT THE AMOUN F
OF DAMAGES THAT SELLER WOULD SUFFER IN THE EVENT BUYER FAILS TO
11410-0010\1020611v2.doc -10-
ACQUIRE THE PROPERTY BY REASON OF A DEFAULT BY BUYER HEREUNDER
WOULD BE EXTREMELY DIFFICULT AND IMPRACTICABLE TO ASCERTAIN, AND
THAT THE AMOUNT OF THE DEPOSIT REPRESENTS THE PARTIES' REASONABLE
ESTIMATE OF THE AMOUNT OF SUCH DAMAGES CONSIDERING ALL OF THE
CIRCUMSTANCES EXISTING ON THE DATE HEREOF, INCLUDING THE
RELATIONSHIP OF SUCH AMOUNT TO THE RANGE OF HARM TO SELLER THAT
REASONABLY COULD BE ANTICIPATED, AND THE ANTICIPATION THAT PROOF OF
ACTUAL DAMAGES WOULD BE COSTLY,IMPRACTICAL OR INCONVENIENT.
ACCORDINGLY, IN THE EVENT THAT BUYER FAILS TO ACQUIRE THE PROPERTY
BY REASON OF A DEFAULT BY BUYER HEREUNDER, SELLER SHALL BE ENTITLED
TO RECEIVE AND RETAIN THE DEPOSIT AS LIQUIDATED DAMAGES. SUCH
LIQUIDATED DAMAGES AMOUNT SHALL BE IN ADDITION TO, AND SHALL NOT BE
DEEMED TO INCLUDE, ANY ATTORNEYS' FEES THAT MAY BECOME DUE TO
SELLER PURSUANT HERETO. BY INITIALING BELOW, SELLER AND BUYER EACH
SPECIFICALLY CONFIRMS THE ACCURACY OF THE FOREGOING STATEMENTS,
AND AFFIRMS ITS RESPECTIVE OBLIGATIONS UNDER THIS SECTION 14.
Seller's Initials: Buyer's Initials:
16. Limitation of Liability. Notwithstanding anything herein to the contrary, no
agent, advisor,trustee, director, board member,officer, or employee of Seller, shall have any
personal liability, directly or indirectly, under or in connection with this Agreement or any
agreement made or entered into under or pursuant to the provisions of this Agreement, or any
amendment or amendments to any of the foregoing made at any time or times,heretofore or
hereafter, and Buyer and its successors and assigns and, without limitation, all other persons and
entities, shall look solely to Seller for the payment of any claim or for any performance, and
Buyer, on behalf of itself and its successors and assigns, hereby waives any and all such personal
liability. The foregoing shall be in addition to, and not in limitation of, any further limitation of
liability that might otherwise apply (whether by reason of Buyer's waiver, relinquishment or
release of any applicable rights or otherwise).
17. Notices. Any notice, request, direction, demand, consent, waiver, approval or
other communication required or permitted to be given hereunder shall not be effective unless it
is given in writing and shall be delivered (i) in person, (ii) by certified mail, postage prepaid,
return receipt requested, (iii)by facsimile, or(iv)by a commercial overnight courier that
guarantees next day delivery and provides a receipt, and addressed to the parties at the addresses
stated below, or at such other address as either party may hereafter notify the other in writing as
aforementioned:
Seller: Metro Gold Line Foothill Extension Construction Authority
406 E. Huntington Drive, Suite 202
Monrovia, California 91016
Attic: Mr. Habib Balian, Chief Executive Officer
Tel: (626) 471-9050
Fax: (626) 471-9049
11411-0111011121111 QAm 11-
With a copy to: Richards, Watson & Gershon
355 S. Grand Avenue, 40'b Floor
Los Angeles, CA 90071
Attn: Michael Estrada
Facsimile: (213) 626-0078
Buyer: Azusa Redevelopment Agency
213 E. Foothill Blvd.
Azusa, CA 91702
Attn: Francis M. Delach,Executive Director
Tel: (626) 812-5238
Fax: (626)
With a copy to:
Service of any such notice or other communications so made shall be deemed effective
on the day of actual delivery (whether accepted or refused) as evidenced by confirmed
answerback if by facsimile (provided that if any notice or other communication to be delivered
by facsimile is unable to be transmitted because of a problem affecting the receiving party's
facsimile machine, the deadline for receiving such notice or other communication shall be
extended through the next business day), as shown by the addressee's return receipt if by
certified mail, and as confirmed by the courier service if by courier;provided, however, that if
such actual delivery occurs after 5:00 p.m. (local time where received) or on a non-business day,
then such notice or demand so made shall be deemed effective on the first business day f
immediately following the day of actual delivery. No communications via electronic mail shall
be effective to give any notice, request, direction, demand, consent, waiver, approval or other
communications hereunder.
18. Assignment. Neither parry may assign or transfer their respective rights or
obligations under this Agreement without the prior written consent of the other parry.
19. Interpretation. This Agreement has been negotiated at arm's length and between
persons sophisticated and knowledgeable in the matters dealt with in this Agreement. In
addition, each party has been or has had the opportunity to be represented by experienced and
knowledgeable counsel. Accordingly, any rule of law(including California Civil Code
Section 1654) or legal decision that would require interpretation of any ambiguities in this
Agreement against the party that has drafted it is not applicable and is waived.
20. Attorneys' Fees. Should any party hereto institute any action or proceeding to
enforce any provision hereof by reason of the alleged breach of this Agreement, the prevailing
party shall be entitled to receive from the losing parry such amount as the court may adjudge to I
I
11410-0010\1020611 v2.doc -12-
be reasonable attorneys' fees, expert fees, and consultant fees for services rendered to the
prevailing parry, and other costs of litigation.
21. Severability. In the event any provision of this Agreement is declared by a court
of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed
from this Agreement and the remaining provisions hereof shall remain in full force and effect as
fully as though such invalid, illegal or unenforceable provision had never been part of this
Agreement,provided that the remaining provisions of this Agreement can be reasonably and
equitably enforced.
22. Successors and Assigns. This Agreement shall be binding upon, and inure to the
benefit of, the successors and assigns of the respective parties hereto. Except for the foregoing,
the provisions of this Agreement are for the sole benefit of the parties hereto, and are not for the
benefit, directly or indirectly, of any other person or entity.
23. Required Actions of Buyer and Seller. Buyer and Seller agree to execute all such
instruments and documents, and to take all actions, as may be required in order to consummate
the transaction contemplated hereby, and shall use their good faith efforts to accomplish the
Close of Escrow in accordance with the provisions hereof.
24. Governing Law and Venue. The validity of this Agreement and any of its
provisions, as well as the rights and obligations of the parties hereunder, shall be interpreted and
construed pursuant to, and in accordance with,the laws of the State of California. The parties
select Los Angeles County, California, as the proper and sole venue for any action filed to
enforce, construe or interpret this Agreement.
25. Entire Agreement: Amendments. This Agreement constitutes the final, complete
and exclusive statement of terms of the agreement between the parties pertaining to the subject
matter hereof and supersedes all prior and contemporaneous understandings or agreements of the
parties. No parry has been induced to enter into this Agreement by, nor is any party relying on,
any representation or warranty outside those expressly set forth in this Agreement. No
amendment or modification of any provision of this Agreement shall be effective unless set forth
in writing, signed by Seller and Buyer.
26. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which, together, shall constitute one and the same
instrument.
27. Confidentiality; Return of information. Buyer shall treat all written information
of whatever nature provided to it by Seller or Seller's agents or representatives (collectively,the
"information") as confidential. Buyer shall not disclose any such information to third parties
without the prior written approval of Seller(except for disclosure to Buyer's employees,
members, attorneys, consultants, agents or representatives), unless Buyer is legally required to
provide such information to a governmental agency or pursuant to legal process. In the event the
Close of Escrow fails to occur for any reason whatsoever(other than a default by Seller), Buyer
shall, within three (3) days thereafter: (i) return, or cause to be returned, to Seller the
information, and (ii) deliver to Seller, at Buyer's sole cost and expense, all reports and analyses
of the Property prepared by, or at the request of, Buyer. Buyer's obligation to deliver the
11410-0010\1020611v2.doc -13-
information and other materials to Seller is independent of, and in addition to, and the making of
such delivery shall not satisfy, any other obligations and liabilities of Buyer hereunder. Further,
Buyer agrees not to use the information(or allow any other party to whom Buyer has delivered
the information to use the information) for any purpose other than to determine whether to
proceed with the acquisition, or if acquired, in connection with the ownership, development
and/or operation of the Property after the Closing Date. This Section 26 shall survive the
termination of this Agreement or the Closing Date.
28. Time of Essence. Time is of the essence of each and every provision of this
Agreement.
29. U.S. Treasury Regulation. The Escrow Holder is the "real estate reporting
person"within the meaning of the U.S. Treasury Regulation 1.6045-4 and shall make any repo)s
to the federal government required by such Regulation.
30. Seller Representations. Seller represents and warrants to Buyer the following:
(a) Adverse Claims. To the best of Seller's knowledge, there are no pending,
threatened or contemplated actions, suits, arbitrations, claims or proceedings, at law or in equity,
affecting the Property or in which Seller is, or will be, a parry by reason of Seller's ownership of
the Property.
(b) Governmental Regulations. To the best of Seller's knowledge, there are
no violations of any governmental regulations or laws relating to the Property.
(c) Accuracy of Materials. All instruments, documents, lists, schedules and
items delivered to Buyer by Seller pursuant to this Agreement will fairly present the information
set forth in a manner that is not misleading and will be true, complete and correct in all respects
on the date of delivery and upon the Close of Escrow, as they may be updated, modified or
supplemented in accordance with this Agreement.
(d) Contracts. There are no contracts or occupancy agreements that affect or
will affect or which are or will be obligations of Buyer or the Property, other than as expressly
disclosed to Buyer in writing.
I
31. Seller Covenants.
I
(a) No Modifications. Seller hereby agrees that Seller will not hereafter
modify, extend or otherwise change any of the terms, covenants or conditions of any obligations
or agreements affecting the Property without the prior written consent of Buyer.
(b) Changes in Circumstances. Seller shall promptly notify Buyer of any
change in any condition with respect to the Property or of any event or circumstance which
makes any representation or warranty of Seller under this Agreement untrue or misleading in any
material respect.
11410-0010\1020611v2.doc -14-
IN WITNESS WHEREOF, the parties have executed this Purchase and Sale Agreement
and Joint Escrow Instructions as of the day and year first written above.
SELLER: PASADENA METRO BLUE LINE
CONSTRUCTION AUTHORITY
By:
Habib Balian
Chief Executive Officer
APPROVED AS TO FORM:
Richards, Watson& Gershon
By:
Michael Estrada, General Counsel
BUYER:
REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA, a public body, corporate and
Politic
By:
Print Name:
Title:
11410-0010\1020611v2.doc -15-
EXIMIT "A"
DESCRIPTION OF LAND
All that certain real property situated in the County of Los Angeles, State of California,
described as follows:
I
11410-0010\1020611v2.doc A-1
EXHIBIT `B"
FORM OF GRANT DEED
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Azusa Redevelopment Agency
213 E. Foothill Blvd.
Azusa, CA 91702
Attention: Executive Director
APN: 8608-024-900
8608-028-908
Exempt from recording changes pursuant to Government Code Section 27383
[SPACE ABOVE FOR RECORDER'S USE ONLY]
GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
This transfer is exempt from documentary Transfer Tax pursuant to Revenue & Taxation Code
Section 11922.
'FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
PASADENA METRO BLUE LINE CONSTRUCTION AUTHORITY, a public body organized
under the laws of the State of California("Grantor"),hereby grants to the REDEVELOPMENT
AGENCY OF THE CITY OF AZUSA , a public body, corporate and politic (Grantee"),the real
property located in the City of Azusa, County of Los Angeles, State of California,that is
described on"Exhibit A" attached hereto and incorporated herein by reference (the "Property"),
SUBJECT TO, all easements, covenants, conditions, restrictions, rights of way, reservations and
all other matters of record;
1. Assumption of Risk.
1.1 Assumption of Risk by Grantee. To the maximum extent allowed by law,
Grantee and any all successors, assigns,tenants and/or subtenants of Grantee
(individually and collectively, "Releasing Parties")hereby assumes, for the benefit of the
Grantor, the Los Angeles Metropolitan Transportation Authority ("MTA"), and their
respective successors and assigns any and all risk of loss, damage or injury of any kind to
any person or property of, or under the control or custody of, Grantee that is located on or
within the Property (including, without limitation, any improvements or buildings located
thereon and/or any property located within such improvements or buildings), resulting
11410-0010\1020611v2.doc B-1
from MTA's normal and customary operation, use, maintenance, repair, restoration or
reconstruction of the Gold Line Foothill Extension (collectively, the "Assumed Transit
Proximity Risks"), including, without limitation, loss, damage or injury of any kind
caused by bus exhaust, noise or vibration, electrical discharge or lighting; provided,
however, that the foregoing assumption of risk shall not apply to (and the Assumed
Transit Proximity Risks shall not include) any claims to the extent of the intentional
misconduct of the MTA or Authority. The term"MTA" as used in this Article shall
include: (i) any transit company validly operating buses on the city streets adjacent to the
Property, (ii) any transit company validly operating the Gold Line or on the rail right of
way running adjacent to the Property; and (iii) any other persons or companies employed,
retained or engaged by MTA for such purpose.
1.2 Release. Grantee, on behalf of itself and its officers, directors, affiliates,
employees, agents, independent contractors and subcontractors and successors in interest,
as a material part of the consideration for this grant of Property hereby releases and
waives all claims and demands against Grantor, MTA and their respective successors and
assigns for any loss, damage or injury arising out of the assumed transit Proximity Risks.
In connection with the foregoing release and waiver, Grantee waives the benefit of
California Civil Code § 1542,which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE,WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR."
Grantee Initials
1.3 Disclaimer. Grantee shall include within each lease of all or any portion
of the Property, and within any other agreement allowing the use of all or any portion of
the Property, a provision by which the tenant or user under such lease or agreement shall
assume the Assumed Transit Proximity Risks("Transit Proximity Risk Waiver"). If
Grantee fails to include within any such a lease or agreement a Transit Proximity Risk
Waiver and the tenant or user thereunder makes a claim against either Grantor or MTA
arising from, connected with, relating to, resulting from, or based on an Assumed Transit
Proximity Risk, then, Grantee shall indemnify, defend and hold harmless Grantor and
MTA from and against any and all claims or losses in connection with such claim.
2. All covenants contained in this Grant Deed shall run with the land for the benefit
of, and shall only be enforceable by, Grantor and its successors and assigns, without regard to
whether Grantor is or remains an owner of any land or interest therein to which such covenants
relate. In the event of a breach of any covenant contained in this Grant Deed, Grantor shall have
the right to exercise any right or remedy available at law or in equity,to enforce the curing of
such breach.
11410-001011020611v2.doc B-2
IN WITNESS WHEREOF, Grantor and Grantee have executed this Grant Deed as of the
date set forth below.
Dated: 2008
Grantor: METRO GOLD LINE CONSTRUCTION
AUTHORITY
By:
Habib Balian
Chief Executive Officer
Grantee:
CITY OF AZUSA REDEVELOPMENT AGENCY,
a public body, corporate and politic
By:
Print Name:
Title:
11410-0010v 020611 v2.dac B-3
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On the day of , 2008, before me, personally
appeared , personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity and that by his
signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Public
SEAL:
STATE OF CALIFORNIA )
)ss.
COUNTY OF LOS ANGELES )
On the day of 2008, before me, personally
appeared ,personally known to me (or proved to me on the basis of
satisfactory evidence)to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity and that by his
signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Public
SEAL:
11410-0010\1020611v2.doe B-4
I
EXIIIBIT A TO GRANT DEED
LEGAL DESCRIPTION
All that certain real property situated in the County of Los Angeles, State of California,
described as follows:
11410-0010\1020611v2.doc B-5
i
EXHIBIT B
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING A PURCHASE
AND SALE AGREEMENT FOR THE PURCHASE OF CERTAIN REAL PROPERTY ACQUISITION OF THE
NORTHERLY FORTY FEET OF APN # 86o8-o24-9oo AND APN # 86o8o28-907 WITHIN THE MERGED
CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA
THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS:
SECTION 1. The Redevelopment Agency ("Agency") of the City of Azusa does hereby find, determine and
declare as follows:
A. The Agency has received an offer to purchase certain improved real property generally located at APN
#86o8-024-9oo and 8608-028-907("Property");
B. The Property is located in the Agency's Merged Central Business District and West End Redevelopment
Project Area(the"Project Area")under the Redevelopment Plan of the City of Azusa;
C. The Agency desires to purchase the Property on the terms and conditions set forth in the Purchase
Agreement;
D. The Agency is authorized to acquire the Property for purposes of redevelopment pursuant to Section
33391 of the Community Redevelopment law(Health&Safety Code§33000,et seq);
E. The acquisition of the Property will further the health, safety and general welfare of the residents of
Azusa;
F. This agreement pertains to and affects the ability of the Agency to finance its activities and carry out its
statutory obligations and the goals of the Redevelopment Plan. It is intended to be a contract within the meaning of
Government Code§53511, and
G. In taking this action, the Agency has determined that the acquisition of the property is not "project"
.under the provisions of the California Environmental Quality Act, the California Environmental Quality Act Guidelines
(Title 14 C.C.R.§15004)and the City of Azusa's environmental procedures.
SECTION z. Based on all of the foregoing, the Redevelopment Agency of the City of Azusa hereby approves
that certain Purchase Agreement for the purchase of property generally located at APN #: 8608-024-900 land 8608-
028-907 in substantially the same form as the agreement attached hereto as Exhibit "A" and incorporated herein by
reference. The Agency further authorizes the Chairperson of the Agency to execute said agreement in substantially
the same form as depicted on Exhibit"A".
SECTION-3. A copy of the Purchase Agreement, executed by the Chairperson and the Seller of the Property
shall be kept on file at City Hall. Staff is directed to do all that is necessary to effectuate the intent of the Agreement
and consummate the purchase of the Property.
SECTION 4. The Agency Secretary shall certify the adoption of this Resolution.
PASSED AND APPROVED this day of 2oo8.
Chairman
EXHIBIT B
HEREBY CERTIFY that the foregoing Resolution was duly passed, approved, and adopted by the Board of
Directors of the Redevelopment Agency of the City of Azusa, at a regular meeting of said Board held on the
day of , 2oo8, by the following vote of the Board:
AYES: BOARDMEMBERS:
NOES: BOARDMEMBERS:
ABSTAIN: BOARDMEMBERS:
ABSENT: BOARDMEMBERS:
Secretary
. i
WARRANT REGISTER NO. 12
FISCAL YEAR 2007-08
WARRANTS DATED 12/16/07 THROUGH 12/31/07 .
FOR REDEVELOPMENT AGENCY MEETING OF 02-04-08 ,
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 $ 7,279.65
80-125-CBD CAPITAL PROJECTS FUND 28.283.98
80-135-WED CAPITAL PROJECTS FUND 18.201.70
80-185-RANCH CAPITAL PROJECTS FUND
80-165-618-2005 TAX ALLOCATION BONDS FUND
81-155-TAX INCREMENT SET-ASIDE FUND 5,014.00
82-125-CBD DEBT SERVICE FUND 57.692.14
82-135-WED DEBT SERVICE FUND
i
82-185-RANCH CENTER DEBT SERVICE FUND
TOTAL ALL FUNDS: $ 116.471.47
SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a
certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records.
ADOPTED AND APPROVED THIS DAY OF 20108.
F
Chairman
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency ofthe
City of Azusa at a regular meeting thereof,held on the day of 2008.
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
Secretary
City of Azusa HP 9000 01/31/08 O P E N H 0 L D D B LISTING By /Entity Nbnre Pace 1
LEW 31, 2008, 1:35 FM ---req: ROSE-------leg: GL JL,--loc: BI-TEIC-i---jab: 563376 #J4618---p9m: CFAQO <1.34> zpt id: CH TR02
SECEI.T FUND Qhs: 80-82 ; Check Issue Cates: 12/16/2007-12/31/2007
FE ID FE Narre ACtSFNf N vEER / JOB NUvEER I=lce Nunes D:s=pticn St Disc. Ant. Dist. Arrt.
V09095 AEI C=TFIIVIS 8010135000-6399/503305-6399 22076652 FH 1 FNVTR/O�TC FD 0.00 2,100.00
V09095 AEI OaULTWIS 8010135000-6399/503305-6399 22076651 PH 1 aWIR/Q�IC FD 0.00 2,300.00
V09095 AEI Q235ULmus 8010135000-6399/503305-6399 22076650 PH 1 FNVIR/CC6IC FD 0.00 2,200.00
V09095 AEI QNS[R,TPLM 8010135000-6399/503305-6399 22076653 FH 1 FNVIR/ IC PD 0.00 2,100.00
V09095 AEI C== 8010135000-6399503305-6399 22076654 PH 1 RVIR�, __C FD 0.00 2 200.00
V09095 AEI C=MNIS 8010135000-6399/503305-6399 22076649 PH 1 PD 0.00 2,400.00
PEIDzd: 0.00
Paid: 13,300.00
Total: 13,300.00
V10164 ARCADIA FFOPERIY 8010125000-6815 32904 FY 07/08 RANCH M FD 0.00 612.00
MID Ulmd: 0.00
Paid: 612.00
Total: 612.00
V05613 AT&T 8010110000-6915 112407 626-3345464 PD 0.00 7.48
PEID UDd: 0.00
Paid: 7.48
Tbtal: 7.48
V00363 AZMA CHNIM OF 8010110000-6630 169 FY 07/08 07W E FD 0.00 3,333.33
PEIDd: 0.00
d: 3,333.33
Total: 3,333.33
V01305 AZLFA CITY FID C 8000000000-3035 2610/0701026 PR#26/07 PD 0.00 255.18
PEID U�yd: 0.00
Paid: 255.18
Total: 255.18
V07432 BARB & CLARK INV 8110155000-6650/505300-6650 17710 F V502E LCECL PD 0.00 200.00
PEID Lhsaid: 0.00
Paid: 200.00
Tbtal: 200.00
V04281 CALIFCRSTIA REDE`7 8010110000-6509 16969 "CUVMi= GUIDE PD 0.00 170.38
*t
Ci Of Azusa HP 9000 01/31/08 O P E N H O L D D B L I S T I N G V p
Tl( JAN 31, 2008, 1:35 FM ---req: R3SE-------leg: GL JL---lcc: BI-TE]:I-I---jcb: 563376 #J4618---pg-a: CH400<t1..344> rpt id: CHF'LTP02
SELECT FUSD Ozbs: 80-82 ; Check Issue Dates: 12/16/2007-12/31/2007
PE ID PE Natte ACL"JNr NU R / J02 NP78ER Invoice NIAcbeY Deszripticn St Disc. Pit. Dist. Arrt.
MLUlDaid: 0.00
Paid: 170.38
Total: 170.38
V06783 CTTISI= 8000000000-3010 2315/0701026 PR426/07 PD 0.00 589.82
MID Urttaid: 0.00
Paid: 589.82
Tbtal: 589.82
V08010 DMIS LANDSCAPI 8010125000-6815 00538 FY 07/08 LAND MA FD 0.00 320.00
PEID 11Md: 0.00
Paid: 320.00
Total: 320.00
V10576 FRI & PSS MMS 8110155000-6345/505300-6345 AZU145 FY 07/08 HSG REH PD 0.00 4,814.00
PEIDL�d: 0.00
Paid: 4,814.00
Total: 4,814.00
V08191 HALL INC., BARBA 8010135000-6399/R70003-6399 1281 TETTI:k= PARCEL FD 0.00 4,901.70
PEID d: 0.00
d: 4,901.70
Tbtal: 4,901.70
V10575 H=-IRELAM IN 8010125000-6399/505800-6399 12040 PLAMTRVCE�h SV PD 0.00 2,401.98
FEID �T��d: 0.00
Paid: 2,401.98
Tbtal: 2,401.98
V05574 IRON DVJgUkIN RE 8010110000-6493 K162168KH62176 1,1162168-KH62176 FD 0.00 114.74
PED U7r
d: 114.74
Total: 114.74
V03126 LI= NATIWL 8000000000-3010 2325/0701026 PR426/07 PD 0.00 295.63
City of Azusa HP 900001/31/08 O P E N HOLD D B LISTING By PEhtity Nam Page 3
JAN 31, 2008, 1:35 RN ---req: ROSE-------leg: a JL---loc: BI-TECH---jcb: 563376 #J4618---pgm: CH400 <1.34> rpt id: CHFLTP02
SE= FUSD Ctdes: 80-82 ; Check Issue Kites: 12/16/2007-12/31/2007
PE ID PE Nar e ACSIXiQI' NUvEE2 / JOB NUvffi2 Irwoice Mxrber Des=pticn St Disc. ATt. Dist. Ant.
----- F� Paid: 295.63
Total: 295.63
V10760 NATICI\IAL LTIS= 8010110000-6235 011608 TMST/SQA BE PD 0.00 139.00
PEID Uipaid: 0.00
Paid: 139.00
Total: 139.00
V00540 OFFICE DEPOT IN2 8010110000-6530 410259597001 527688 ZEERA RET PD 0.00 9.73
PEID �d: 0.00
Paid: 9.73
Total: 9.73
V01440 OVERUM PPCTFTC 8010125000-6399/505900-6399 0710079 PEMCN SVCS-NEC PD 0.00 2,400.00
PEID d: 0.00
d: 2,400.00
Total: 2,400.00
V01480 FC M)LL GCV. 8010110000-6527 538670930101 INV# S3867093010 PD 0.00 449.24
PEID 0.00
Paid: 449.24
Tbtal: 449.24
V92617 PRICE FP= 8210135000-7001/503301-7001 122607 PRICE CLB NTE YR PD 0.00 57,692.14
PEIDd0.00
d:: 57,692.14
Tbtal: 57,692.14
V09301 SAFDS`F410 DRgIAL 8000000000-3052 1669236 PREM AS14433&SG8 PD 0.00 186.01
PEIDLurlq��taij 0.00
d: 186.01
Tbtal: 186.01
V03157 SCS II\� 8010125000-7115/501500-7115 0111260 USI� TANK RE PD 0.00 20,050.00
V03157 SCS II�IIVEiRS 8000000000-2745 0111260 Contracts Pbl/Cb PD 0.00 -2,005.00
Wof Azusa HP 9000 01/31/08 O P E N H 0 L D D B LISTING � � ty
,JAN 31, 2008, 1:35 HSI ---�: ME-------leg: GL JL---loc: BI-TEM---job: 563376 #T4618=-pgm: OH4 0 <1.344> rpt id: OffUIR02
S= FUD Cb es: 80-82 ; CYEck Issue Dates: 12/16/2007-12/31/2007
PE ID PE Ncre ACOaNP NU"BER / JOB NUyBER Iiwoice NinbE!r Eesc pticn St Disc. Amt. Dist. A[t.
V03157 SCS El\=RS 8000000000-2745 120307 Contracts Ph1 Cb PD 0.00 2,005.00
V03157 SCS FN;iN RS 8010125000-6399/505825-6399 0111270 RAP FOR ARSENIC PD 0.00 2,500.00
PEID Tied: 0.00
Paid: 22,550.00
PP 'Total: 22,550.00
V08056 ST= DZUUN 8000000000-2725 1220/0701026 B26/07 PD 0.00 0.00 1 8.073
PETDd: 0.00
d: 262.80
Total: 262.80
V10166 UJICN HANK OF CA 8000000000-3073 2130/0701026pp�#26/07 PD 0.00 878.53
V10166 WCN BANK OF CA 8000000000-2727 1130/0701026 B26/07 PD 0.00 439.77
PEIDd: 0.00
Paid: 1,318.30
Total: 1,318.30
V00876 kAS[-IIN= M nA 8000000000-3010 2335/0701026 FR#26/07 PD 0.00 148.01
PETDd: 0.00
Paid: 148.01
Total: 148.01
GRAND TOTALLh�3id: 0.00
d: 116,471.47
Total: 116,471.47