HomeMy WebLinkAboutAgenda Packet - February 19, 2008 - CC N
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AGENDA
CITY COUNCIL, THE
REDEVELOPMENT AGENCY AND THE
AZUSA PUBLIC FINANCING AUTHORITY
AZUSAAUDITORIUM TUESDAY, FEBRUARY 19, 2008
213 EAST FOOTHILL BOULEVARD 6:30 P.M.
AZUSA CITY COUNCIL
IOSEPH R. ROCHA
MAYOR
KEITH HANKS ANGEL CARRILLO
MAYOR PRO-TEM COUNCILMEMBER
URIEL E. MACIAS ROBERT GONZALES
COUNCILMEMBER COUNCILMEMBER
NOTICE TO THE PUBLIC Copies ofstaffreports or other written documentation relating to each item
of business referred to on the Agenda are on file in the Office of the City Clerk and are available for
public inspection at the City Library.
Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a card
requesting to speak and shall submit it to the City Cierk 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.
CLOSED SESSION
1 . CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (GOV. CODE SEC. 54956.9 (a)).
Case No. KC051952-G, City of Azusa v. Senior Care Partnership LP and Century Quality
Management (Villa Azusa Senior Apartments).
2. LIABILITY CLAIMS (Gov. Code Sec. 54956.95
Claimant: J. Sanchez
3. LIABILITY CLAIMS (Gov. Code Sec. 54956.95
Claimant: F. Montague
i
DOWNTOWN NORTH
A-2 8.A-3 PROJECT
4. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Address: 858 N. Azusa Avenue, Azusa, CA 91702
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Negotiating Parties: Howard J. and Janet J. Choi &Watt Genton Associates, LP
Under Negotiation: Price and Terms of Payment
5. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Address: 832 N. Azusa Avenue, Azusa, CA 91702
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Negotiating Parties: Alexios &Tashia Vagenas and Watt Genton Associates, LP
Under Negotiation: Price and Terms of Payment
6. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Address: 826 N. Azusa Avenue, Azusa, CA 91702
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Negotiating Parties: Martin G. &Teresa Habern and Watt Genton Associates, LP
Under Negotiation: Price and Terms of Payment
7.. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Address: 812 N. Azusa Avenue, Azusa, CA 91702
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Negotiating Parties: John R. & Lillian O. Cortez, Cortez Family Trust&Watt Genton
Associates, LP
Under Negotiation: Price and Terms of Payment
8. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Address: 801 N. Alameda Avenue, Azusa, CA 91702
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Negotiating Parties: John R. A Lillian O. Cortez, Cortez Family Trust &Watt Genton
Associates, LP ,
Under Negotiation: Price and Terms of Payment
REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Address: 810 N. Alameda Avenue, Azusa; CA 91702
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Negotiating Parties: 810 Alameda, LLC &Watt Genton Associates, LP
Under Negotiation: Price and Terms of Payment
10. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Address: 803 N. Dalton Avenue, Azusa, CA 91702
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Negotiating Parties: Arthur B. &Anna M. Ramirez, et al &Watt Genton Associates, LP
Under Negotiation: Price and Terms of Payment
02/19/08 PAGE TWO
f I 1 .CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec 54957 6)
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Organizations/Employee: CAPP
Any person wishing to comment on any of the Closed Session items listed above may do so now.
7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL.
• Call to Order
• Pledge to the Flag
• Invocation - Reverend Leroy of the First Assembly of God 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.)
B. REPORTS, UPDATES, AND ANNOUNCEMENTS
1 . Mayor Rocha -
a. Request for certificates of appreciation to every school and drivers, who participated in the
10th Annual School District Food Drive.
b. Request for $100 sponsorship to Ms. Victoria Ashlock, 1 1 th grade Azusa High student, who
will be participating in the People to People Student Ambassador Program in Japan this
summer.
c. Update on former gun club site.
d. Discussion regarding Target Scoping meeting.
e. Discussion on future dates, time and place for City Hall on the Move.
C. SCHEDULED ITEMS
1. INFORMAL HEARING - ON THE LOS ANGELES COUNTY FIRE DEPARTMENT WEED
ABATEMENT PROTEST HEARING. RECOMMENDED ACTION: a. Conduct an informal protest
hearing and refer property owners with objections to the Los Angeles County Fire Department
Brush Clearance Office for consideration. b. Approve the motion and abatement order directing
abatement of the nuisance by removing all weeds and rubbish from the affected improved
parcels.
02/19/08 PAGE THREE
2. ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT SUBCOMMITTEE OF THE PLANNING
COMMISSION. RECOMMENDED ACTION: Disapprove the recommendation of the Planning 5
Commission to establish a subcommittee to focus on economic development activities in Azusa,
and encourage Planning Commission representation on the Azusa Chamber of Commerce
Economic Development Committee.
D. CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one
vote. !f Councilmembers or Staff wish to address any item on the Consent Calendar
individually, it will be considered under SPECIAL CALL ITEMS.
1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 4, 2008 AND THE
SPECIAL MEETING OF JANUARY 28T"AND JANUARY 29TH, 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. RESOLUTION FINDING THAT THE FORMATION OF A PROIECT AREA COMMITTEE FOR THE
PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL
BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREAS ("PROIECT AREA")
IS NOT REQUIRED BY HEALTH AND SAFETY CODE SECTION 33385. RECOMMENDED
ACTION: Adopt Resolution No. 08-C9, finding and determining that the formation of a Project
Area Committee for the proposed amendment to the Redevelopment Plan for the Project Area is
not necessary pursuant to California Community Redevelopment Law, Health and Safety Code
Section 33000 et seq. ("CRL").
4. AWARD OF CONTRACT - PAINTING OF THE LIGHT/SAFETY STANDARDS IN DOWNTOWN
AREA. RECOMMENDED ACTION: Award a contract in the amount of$14,230.00 to Bithell Inc.
for the painting of the light/safety standards in the downtown area.
5. ADOPTION OF A RESOLUTION FOR THE POLICE DEPARTMENT TO ENTER INTO AN
AGREEMENT WITH THE IRWINDALE POLICE DEPARTMENT AND THE LOS ANGELES COUNTY
ILLEGAL STREET RACING AND DRIVING UNDER INFLUENCE ENFORCEMENT MEMORANDUM
OF UNDERSTANDING. RECOMMENDED ACTION: Adopt Resolution No. 08-C 10, authorizing
the Chief of Police to enter into the attached Memo of Understanding with the Irwindale Police
Department accepting reimbursement for 150% of officer's hourly rates who participate in the
Los Angeles County Illegal Street Racing and DUI Enforcement program.
6. PURCHASE OF DISPATCH FURNITURE (FOUR WORKSTATIONS). RECOMMENDED ACTION:
Approve the purchase of dispatch furniture for four (4) workstations from Xybix Systems in an
amount not to exceed $45,244.79. It is further recommended the City Council approve this
purchase based on a competitive bid process completed by the City of La Mirada (Purchase
Order #1856); dispatch furniture was purchased for the La Mirada Community Sheriff's Station.
02/19/08 PAGE FOUR
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7. NEW CLASS SPECIFICATION - LIBRARY CIRCULATION SUPERVISOR. RECOMMENDED
ACTION: Pursuant to the City of Azusa Civil Service Rules Section 3.3 and 3.7, approve and
adopt the salary, title and class specification outlining the duties of the new job classification of
Library Circulation Supervisor.
8. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR INTERIM HUMAN RESOURCES
DIRECTOR-PERSONNEL OFFICER SERVICES. RECOMMENDED ACTION: Approve amendment
to the agreement for Interim Human Resources Director- Personnel Officer services for the City
of Azusa.
9. WARRANTS. Resolution authorizing payment of warrants by the City. RECOMMENDED
ACTION: Adopt Resolution No. 08-C11.
CONVENE AS THE AZUSA REDEVELOPMENT AGENCY
E. AGENCY SCHEDULED ITEMS
1 . CONSIDERATION OF A RESOLUTION APPROVING THE PRELIMINARY PLAN FORMULATED
FOR THE AMENDMENT TO THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END
REDEVELOPMENT PROIECT AREA RECOMMENDED ACTION: Adopt the Resolution No. 08-
R6, approving the Preliminary Plan and authorizing the transmittal of the Preliminary Plan
pursuant to Health and Safety Code Section 33327 of the California Community Redevelopment
Law ("CRL").
2. CONSIDERATION OF A RESOLUTION OF NECESSITY AUTHORIZING USE OF EMINENT
DOMAIN POWER TO ACQUIRE, FOR REDEVELOPMENT PARCELS OF REAL PROPERTY IN THE
CITY OF AZUSA LOCATED AT: 810 NORTH ALAMEDAAVENUE:858 NORTH AZUSA AVENUE
812 NORTH AZUSA AVENUE; 801 NORTH ALAMEDAAVENUE• 826 NORTH AZUSA AVENUE;
AND 832 NORTH AZUSA AVENUE. RECOMMENDED ACTION: Adopt a Resolution No. 08-117,
Resolution of Necessity authorizing use of the Agency's eminent domain authority to acquire
parcels of non-residential real property within the Agency's Merged Central Business District
Area located at: 810 North Alameda Avenue; 858 North Azusa Avenue; 812 North Azusa
Avenue; 801 North Alameda Avenue; 826 North Azusa Avenue; and 832 North Azusa Avenue, in
the City of Azusa (collectively, "Subject Properties").
3. CONSIDERATION OF PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF THE
REAL PROPERTY LOCATED AT 803 NORTH DALTON AVENUE (RAMIREZ PROPERTY).
RECOMMENDED ACTION: Approve the Purchase and Sale Agreement ("PSA") for the
acquisition of real property located at 803 North Dalton Avenue, commonly known as Los
Angeles County Assessor's Parcel Number 8608-027-008 ("Subject Property"). It is further
recommended that the Agency Board approve an appropriation for this property acquisition.
02/19/08 PAGE FIVE
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 SPECL4L CALL ITEMS.
1 . APPROVAL OF MINUTES OF THE REGULAR MEETING OF FEBRUARY 4, 2008 AND THE
SPECIAL MEETING 'OF JANUARY 29, 2008. RECOMMENDED ACTION: Approve Minutes as
written.
2. AGENCY TREASURER'S REPORT AS OF DECEMBER 31, 2007. RECOMMENDED ACTION:
Receive and file the Report.
3. WARRANTS. Resolution authorizing payment of warrants by the Agency. RECOMMENDED
ACTION: Adopt Resolution No. 08-R8.
G. AZUSA PUBLIC FINANCING AUTHORITY
The Consent Calendar adopting the printed recommended actions will be enacted with one
vote. lfDirectors or Staff wish to address any item on the Consent Calendarindividual4l, it will
be considered under SPECL4L CALL ITEMS.
1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF NOVEMBER _5, 2007.
RECOMMENDED ACTION: Approve Minutes as written.
2. AUTHORITY TREASURER'S REPORT AS OF DECEMBER 31, 2007. RECOMMENDED ACTION:
Receive and file report.
H. ADIOURNMENT
1 . Adjourn.
UPCOMING MEETINGS:
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)
April 7, 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) working days prior to the meeting when special services are needed will assist staffin assuring
that reasonable arrangements can he made to provide access to the meeting.
02/19/08 PAGE SIX
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AGENDA ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS (]q C,
FROM: BRUCE COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
VIA: F.M. DELACH, CITY MANAGER1��
DATE: FEBRUARY 19, 2008
SUBJECT: LOS ANGELES COUNTY FIRE DEPARTMENT WEED ABATEMENT
PROTEST HEARING
RECOMMENDATION
It is recommended that the City Council:
1. Conduct an informal protest hearing and refer any property owners with
objections to the Los Angeles County Fire Department Brush Clearance Office for
consideration.
2. Approve the motion and abatement order directing abatement of the nuisance
by removing all weeds, and rubbish from the affected improved parcels.
BACKGROUND
On February 4, 2008, the City Council adopted Resolution No. 08-C7 declaring certain
improved land parcels within the City a public nuisance due to recurring weed growth
and/or the presence of rubbish. Pursuant to the Resolution, a protest hearing is required
to afford affected property owners an opportunity to voice their objections. The owners
of all affected parcels have been notified by the Los Angeles County Fire Department of
the date and time for the protest hearing. This process is a ministerial duty by the City
Council and is required under provisions of state and local laws. Staff has attached copies
of the Resolution adopted February 4, 2008, for Council review.
FISCAL IMPACT
The costs of weed abatement services are part of the City's contractual costs with the
Consolidated Fire Protection District. In the event abatement work occurs on privately
owned properties, the costs are recovered through the Los Angeles County Board of
Supervisors. There are no added direct costs or additional fiscal impacts to the city for
this service.
Prepared by: Rick McMinn, Community Improvement Supervisor
Attachment: Resolution and Exhibit
1 (.ice
RESOLUTION NO. 08-C7
A RESOLUTION OF THE CITY COUNCIL OF THE CIN OF AZUSA
DECLARING HAZARDOUS BRUSH, DRY GRASS, WEEDS, COMBUSTIBLE
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
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
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 native and
ornamental vegetation, upon each improved parcel of real property hereinafter described in
Exhibit I (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 and
ornamental vegetation, upon the Real Property_ (b) Not less than 10 days prior to the 19th 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 they
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" 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 Oar' day of Febiruaaay, 2008.
Joseph R. Rocha, Mayor
I HEh2M CERTIFY that the foregoing resolution No. 08-C7, was duly adopted by the City
of Azusa at a regular meeting thereof held on the 4'" day of February, 2008.
AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCIL MEMBERS: NONE.
ABSENT: COUNCIL MEMBERS: NONE
Vera Mendoza, City Clerk
EXHIBIT 1
DESCRIPTION OF PROPERTIES
In accordance with Part 5, Division 12 of the California Health and Safety Code
(commencing with Section 14875), the Real Property, upon which a public nuisance exists,
are hereby described in the attached Declaration List of Properties.
LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE 1 DATE 12 12 07
IN SEL} 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
O6 050 595 E SIERRA MADRE AVE 8625 006 008 7 C
06 050 B11 E SIERRA MADRE AVE 8625 006 009 6 C
06 05D 527 E SIERRA MADRE AVE 8625 006 010 3 C
06 050 4001 FISH CANYON RD 8684 008 014 3 C
O6 050 1455 N HILLTOP DR 8684 020 001 3 C
O6 050 1465 N HILLTOP DR 86B4 020 013 9 C
O6 05D 1469 N HILLTOP DR 8684 020 014 8 C
06 050 1471 N HILLTOP DR 8684 020 016 6 C
06 050 1510 N SAN GABRIEL CANYON RD B684 020 022 B C
D6 05D 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
O6 050 1539 N VIEWCREST DR 8684 021 014 6 C
06050 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
O6 050 1830 N AZUSA AND SAN GABRIEL CAN 8684 023 017 9 C
O6 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 B6B4 034 006 9 C
O6 050 210 E VIEWCREST DR B6B4 034 010 3 C
06 050 230 E VIEWCREST OR 8684 034 011 2 C
06 050 250 E VIEWCREST DR 8684 034 012 1 C
06 050 280 E VIEWCREST DR 8684 034 013 0 C
O6 050 1481 N VISTA DEL CIR 8684 034 014 9 C
06 050 1450 N VISTA DEL CIR 8684 034 015 8 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
O6 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 6684 035 011 9 C
O6 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
O6 050 1589 N HILLTOP DR 8684 036 D22 4 C
O6 05D 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 D36 025 1 C
06 050 1555 N HILLTOP DR 8684 036 034 D C
06 050 1543 N HILLTOP DR 8684 036 035 9 C
LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE 2 DATE 12 12 07
IN SEQ BY WEED-KEY , THEN PARCEL FD IMPROVED
ZONE CITY CODE STREET ADDRESS PARCEL NO. KEY
06 050 1537 N HILLTOP DR 8684 036 036 8 C
06 050 1531 N HILLTOP DR 8684 036 037 7 C
O6 050 1564 N HILLTOP DR 8684 036 047 5 C
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 0
WEED KEY C TOTAL IMPROVED RECORDS 50
WEED KEY C TOTAL RECORDS 50
EXHIBIT 2
NOTICOMBUSTIB TC DESTROY E GROWTH OR FLAMMAB HAZARDOUS BRUSH,E WEEDS,
VEGETATION,
TO INCLUDE NATIVE AND ORNAMENTAL VEGETATION
NOTICE IS HEREBY GIVEN THAT ON the 4"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
the resolution,to constitute public nuisances which,after inspection by the County of Los
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
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.
All Parcel owners having any objection to the proposed removal of bush, 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).
a
City Cler of the City of Pa sa
STATE OF CALIFORNIA )
)
)
COUNTY OF LOS ANGELES )
JON E. BAKER, DEPUTY FORESTER, COUNTY OF LOS ANGELES FIRE
DEPARTMENT, being duly sworn says: That on or before the 5t' of February, 2008, he
mailed or caused to be mailed 50 'Improved Property Annual Brush Clearance Notices" to
the owners of each of the properties described in the attached list as their names and
residential addresses and a description of the property in question appear from the last
equalized assessment roll, or as known to the Assessor, which notices request owners to
destroy hazardous brush, dry grass, weeds, combustible growth or flammable vegetation, to
include native and ornamental vegetation, and set the 1gt" day of February 2008, as the
date upon which owners of said property may attend a meeting of the Brush Clearance
Referee, when their objections will be heard and given due consideration, Annexed is a true
and correct copy of such notice.
I have personal knowledge of the foregoing, and if called upon could competently
testify thereto.
I declare under penalty of perjury that the foregoing is true and correct.
�r
WITNESSED BY:
This > day of 2008,
• _.�:. _ r�rrlow"�"
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT K. PERSON, ASSISTANT CITY MANAGER
VIA: F:M. DELACH, CITY MANAGER*YW
DATE: FEBRUARY 19, 2008
SUBJECT: ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT SUBCOMMITTEE OF
THE PLANNING COMMISSION
RECOMMENDATION
It is recommended that the City Council disapprove the recommendation of the
Planning Commission to establish a subcommittee to focus on economic
development activities in Azusa, and encourage Planning Commission representation
on the Azusa Chamber of Commerce Economic Development Committee.
BACKGROUND
At its meeting of January 18, 2008 the Chairman of the Planning Commission made a
motion to establish a subcommittee of the Planning Commission to focus on
economic development activities. The motion was approved on a 3-2 vote with 2
members abstaining.
Attached is the material prepared by Chairman Dierking and distributed to the
Planning Commission which outlines the subcommittee's role and responsibilities.
Also attached is the workplan and mission statement of the Chamber of Commerce's
Committee on Economic Development. It is because of the existence of this latter
group and that Economic Development goals, input and decisions are the
responsibility of the elected City Council, that staff is recommending disapproval of
1
the Planning Commission recommendation. It would appear to be duplicative not
only of the mission, but of the composition of members as well. Perhaps a
compromise could be struck b$ having the Chamber staff provide quarterly updates to
the Planning Commission on its Economic Development activities or have Planning
Comission representatives on the Chamber of Commerce Committee.
FISCAL IMPACT
There is no fiscal impact as a result of this recommendation. However, should City
Council approve the Planning Commission recommendation, salary expenses for
overtime coverage of the subcommittee's would have to be budgeted.
2
h-1'DF'°"'jlG
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
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.
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
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 government 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 corrnnercial 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
that will primarily support commercial or 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-12 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: htto://www.azttsacliamber.orecoinmu info.html,Azusa Chamber of Commerce. Accessed
November 29, 2007. Of course,Monrovia Nursery no longer remains a top employer.
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.
In 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:
• 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 JOB 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
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 general 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 coinmunity. 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
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. Marry 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:
• Form 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
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
reconunendations 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.
REVISED 1-2005
VISION STATEMENT
The Azusa Chamber of Commerce Economic Development Committee (ACCEDC) is
committed and empowered through leadership and community action to enhance the
future growth, prosperity and well being of the City of Azusa. We are a team devoted to
strengthening and expanding business opportunities, business retention, and workforce
development. The ACCEDC provides information, guidance and addresses issues of
economic development, environmental, and social justice. We envision a thriving City
with a competitive economic base that will provide a strong local tax base to support a
successful community to live, work and do business.
MISSION STATEMENT
The mission statement of the Azusa Chamber of Commerce Economic Development
Committee (ACCEDC) is to be recognized as a model for leadership and support by
fostering positive partnerships that work together on projects to sustain high community
standards and sustain a successful business climate for the continuous growth of the City.
DRAFT #1
The Economic Development Committee (EDC) strategy was developed in
partnership comprised of chamber members, city, public, and private sector
representatives. The EDC has developed a new strategy to assist, recruit and
retain business in the City of Azusa.
The strategy is based on fundamental research and extensive discussion among
committee members. Each committee member's views, concerns and
suggestions were a key input into the development of the document and was
further circulated for review and comment. This strategy is a framework for
future action by committee members. This document lays out the rationale
and approach to a new Economic Development strategy for the committee. It
provides a framework for steps to support chamber members, new and existing
businesses and the City of Azusa's future economic prosperity. The document
illustrates specific tasks needed to accomplish each goal.
COMMUNITY IMAGE ENHANCEMENT
GOAL: TO CREATE AN ENCONOMIC DEVELOPMENT MARKETING PROGRAM
• Create a one-stop welcome/informational packet for new
business/residential owners coming into the City to include but not
limited to: process &permits required to start a business, City's planning
standards & process, most common questions handout, brochure to
existing assistance programs, and directory of local businesses etc.
• Build stronger partnerships with organizations such as, the San Gabriel
Valley Economic Development Partnership, LA Works, Small Business
Administration, Small Business Development Corporation, and similar
organizations.
TASK — Attend periodic meetings with designated committee
members (develop a rotating schedule).
• In partnership with Azusa Chamber, City of Azusa and Center For
International Trade Development and the California-Mexico Trade
Assistance Center (CITD &CMTAC) of Citrus College and other partners,
visit local businesses to gather information on business needs and/or
provide information about available services.
TASK — Develop a calendar to visit I or 2 businesses a month or a
maximum of up to 20 key businesses per year.
DRAFT #1
TASK — Each partner shall commit and demonstrate support for
one another by marketing and promoting the services each
partner has to offer (e.g. host a workshop, advertise on the web
page various assistance programs).
• Contribute an Economic Development Committee article to the Azusa
Chamber newsletter to promote awareness of impending improvements
and plans for the community.
MANUFACTURING
GOAL: TO ENHANCE BUSINESS RETENTION AND EXPANSION CONSISTENT
WITH THE CITY'S GENERAL PLAN AND LAND USE POLICIES
• Tie Chamber membership growth goals with the goal of helping a certain
number of businesses expand their business, relocate to Azusa or start
up a business in Azusa each year. Provide services in the form of
training class, forums and presentations available to all businesses and
members of the chamber.
• Support small business, industry groups or individuals, in the case of
disagreements with City rulings judgments.
• Survey members of the Azusa Chamber and businesses within the City
on business needs.
TASK — Develop an Economic Development Committee Survey
focused on business needs.
• Provide pertinent information on business development opportunities in
the City of Azusa to business owners, property owners, developers, and
other agencies regarding business development opportunities.
• Create and implement an ongoing monitoring system (data base) to
track economic vitality, identify changing conditions, and respond rapidly
to new economic development opportunities.
DRAFT #1
• Continue outreach and networking with industry groups, developers,
lenders and others entities vital to the economic growth of the city.
RETAWCOMMERCIAL
GOAL: TO PROTECT AND PROMOTE THE COMMERCIAL, RETAIL AND
INDUSTRIAL BUSINESS SECTORS OF THE CITY
• Conduct, promote and encourage training workshops through the
Economic Development Committee partnership.
• Create a link to the Chamber's web page that will provide information
regarding the list of available properties within the City. The hyperlink
will be tied into the City's list of available properties. Chamber will have
access to the list and can refer potential investor and/or business
inquiries to the link. This tool is currently being created. I am working
with our IT staff to improve the current property link found on the City's
web page. The timeline is approximately 1 month or sooner. Many
chambers use this as an economic development tool for business
recruitment and or expansion. It will be extremely beneficial to the
membership.
DEVELOPMENT PROCESS
GOAL: TO DEVELOP A PRO-BUSINESS COMMUNTIY IMAGE INCLUDING
STREAMLINING THE APPROVAL PROCESS FOR DISCRETIONARY RETAIL,
COMMERCIAL, AND RESIDENTIAL PROJECTS
• Improve the open communication between the committee and City staff
to better assist business.
• Work the City's Planning and Building Department to implement a more
customer friendly approach. Possibly provide an expediter or some sort
of checklist they can follow. Since manpower is short, the checklist and
a guide of who to go to for specific types of Economic Development
issues would be the most cost effect method at this time.
• Establish a more business friendly counter (one stop shop) to provide
guidance and direction.
DRAFT #1
• Stay abreast and notify businesses or industry of any Azusa City plans,
rulings, or such that could or will have either a positive or negative effect
upon them or to their customers.
• Meet with the Community Awareness Emergency Response (CAER)
organization bi-monthly to strengthen the partnership and further
support the need to re-open HWY 39 for future emergency evacuations
and improve economic vitality along the route through the City of Azusa.
� w
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MONDAY,FEBRUARY 4,2008-6:30 P.M.
The City Council of the City of Azusa met in regular session at the above date and time in the
Azusa Auditorium, located at 213 East Foothill Boulevard,Azusa, CA,91702.
CEREMONIAL Ceremonial
The City Council presented a Certificate of Recognition to Ms. Margaret Davis for winning first Cert to M.
place, In her age group; in the New York City Marathon. Davis
The City Council presented a Proclamation to Mr. Gilbert and Gloria Moronez in celebration of Proc Mr: &Mrs.
their 50"'Wedding Anniversary. Moronez 50"
The City Council presented Certificates of Recognition to winners of the Consolidation Bracket Cert of Rec
Championship in the 2007 SCMAF Federation "B" Division Flag Football Tournament. SCMAF
CLOSED SESSION Closed Sess
The City Council recessed to Closed at 6:55 p.m.to discuss the following: Recess
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Gov.Code Section Conf w/legal
54956.9 (b). Threat of litigation by Vulcan Materials regarding vested mining rights. Vulcan Mat
PUBLIC EMPLOYEE APPOINTMENT (Gov.Code Sec. 549571 Pub Emp Appt
Title: Human Resource Director HR Dir
CONFERENCE WITH LABOR NEGOTIATOR(Gov.Code Sec. 54957.6) Conf w/Labor
,agency Negotiators: City Manager Delach and Assistant City Manager Person Negot. CAPP
Organizations/Employee: CAPP
REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8) Real Prop Neg
Property Address: 303 E. Foothill Boulevard,Azusa, CA 91702 303 E. Foothill
Negotiating Parties: Watt Genton Associates, LP
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of Payment .
REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8) Real Prop Neg
Address: 716 N. Dalton Avenue,Azusa, CA 91702 716 N. Dalton
Negotiating Parties: Watt Genton Associates, LP
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: _ Price and Terms of Payment
REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.81 Real Prop Neg
Address: 726 N. Dalton Avenue,Azusa, CA 91702 726 N. Dalton .
Negotiating Parties: Watt Genton Associates, LP
Agency Negotiators: City Manager Delach and Assistant City Manager Person ,
Under Negotiation: Price and Terms of Payment
REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8) Real Prop Neg
Address: 728 N. Dalton Avenue,Azusa, CA 91702 728 N. Dalton
Negotiating Parties: Watt Genton Associates, LP
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of Payment
LIABILITY CLAIMS (Gov.Code Sem 54956.95 Dab Claim '
Claimant: Michael Gomez M. Gomez
The City Council reconvened at 7:35 p.m. City Attorney Carvalho advised that there was no
reportable action taken in Closed Session and items I and 4-7 will be discussed at end of Reconvened
meeting. City Attorney
Mayor Rocha called the meeting to order.
Call to Order
Executive Director of the Chamber of Commerce Irene Villapafila led in the salute to the Flag.
Flag Salute
INVOCATION was given by Pastor Wayne Leamons of Bread of Life Church
Invocation
ROLL CALL
Roll Call
PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS, HANKS,ROCHA
ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT: Also Present
City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Director of
Utilities Hsu, Chief of Police Garcia, Director of Economic and Community Development
Coleman, Director of Recreation and Family Services Jacobs, Recreation Supervisor Gonzales,
Director of Public Works/Assistant City Manager Makshanoff, Public Information Officer Quiroz,
City Clerk Mendoza, Deputy City Clerk Toscano.
PUBLIC PARTICIPATION - Pub Part
Mr. Mike Lee addressed Council urging all to vote in tomorrows election, bid get well wishes to M. Lee
Victor Subia and Jean Barta and expressed his opinion on various other items, i.e. restaurants, Comments
successful events and asked all to pray for our troops.
Mr. Gilbert Becerril provided an update on the Memorial Monument in front of City Hall, noting G. Becerril
that they will be adding wings and columns to it and holding fundraisers. He invited all to Comments
Support Our Troops Day, in front of City Hall on February 16, 2008.
Executive Director of the Chamber of Commerce Irene Villapafila provided an update of the I.Villapafiia
Chamber activities and Special Events. She announced the Azusa State Address, which Comments
includes State of Business, State of the City and State of the Schools, will be held on
Wednesday, February 20, 2008, at 8:00 a.m. at the Azusa Army National Guard Readiness
Center, 1351 W.Sierra Madre Blvd; cost is $20 per person,which includes a full breakfast.
Mr. Dick Cortes addressed Council thanking APU, Assemblyman Ed Hernandez, Rotary Club D. Cortes
and AUSD for their part in the Hands Across Azusa event. He commented on Vulcan mining, Comments
thanked Council for the Joint Meeting with the City of Duarte and asked if something could be
done about day laborers returning to Edgewood Shopping Center.
Ms. Peggy Martinez addressed Council with comments regarding the grand opening of La p. Martinez
Tolteca, the A Team and the protection of the "A" on the mountainside; lastly she talked about Comments
the success of the Miss Azusa and Miss Outstanding Teen Pageant.
Miss Azusa for 2008 Wanda Perkins, addressed Council thanking all for the support she
received and announced her Court who were not present at the meeting as follows: Claudia Miss Azusa
Melia, Crystal Munoz and Natalie Castillo. Miss Outstanding Teen Yadia Cabral, runner up Court,Miss
Erica Hernandez, and runner up Valerie Vasquez announced their platform for the event and Outstanding
why they chose them. Teen
Mr. Dick Stanford, Mayor Pro-Tem Emeritus, addressed Council reminiscing about his time on
the Council, introduced his wife Bev, and talked about their travels and retirement together. D. Stanford
Comments
REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF
Rpts/Updates
Mr. Gilbert Becerril announced andinvitedeveryone to attend the Support Our Troops Day on
February 16`"and advised that he would be submitting plans for the extension/modification of G. Becerril
the Veterans Monument in front of City Hall. Comments
02/04/08 PAGE TWO _
s
City Manager Detach responded to question regarding the Day Laborers at Edgewood Center City Mgr
noting that the person in charge of the matter has been out ill. He announced that the Target Response/.
Syoping meeting will be held on Thursday, February 7, 2008, a 7:00 p.m. at the Senior Center. Announcements.
He provided an update on the Joint Meeting with the City of Duarte highlighting discussions -
regarding Encanto Parkway, Pedestrian Bridge and Foothill Boulevard conditions being studied
to make the areas safer. He announced that Congresswoman Solis presented a check in the
amount of $150,000 to the City of Azusa for the rehabilitation of armory building and
$477,000 for continued operation for medical building.
Assistant City Manager Person presented an update on the southern entry Monument Sign on Assist City Mgr
Azusa Avenue stating that the monument artwork has deteriorated because of the sun and that Monument sign
the artist Foresight Creation is proposing to replace it a digital creation for $3973.00. He
presented other options to lower the cost. He responded to questions posed by
Councilmembers and advised that he would work with the artist and bring back options for
replacements and durability of the art work.
City Manager Detach provided an update on supplying paint for the American and National City Mgr
Little Leagues facilities stating that the cost would be $15 gal or $75 for five gallon buckets; he Funds for
noted that the estimated amount needed by each league would be 30 gallons of $450 in cost League
and proposed to provide each League with $500 scholarship/grant for the painting of the Facility
facilities. (City Manager to provide exact balance amount to Councilmembers)
Moved by Councilmember Carrillo, seconded by Councilmember Macias and unanimously $500 appvd
carried to give$500 from the Scholarship Fund to each League in order to maintain the facility. To Leagues
City Manager Detach 'advised that he, other staff members and Councilmember attended a City Mgr
meeting at Cal-Trans where they discussed the Azusa Reader Board, and the dissatisfaction Comments
with the care and maintenance of on and off ramps at Citrus, Azusa and Vernon In the City of Cal-Trans
Azusa; he advised that Cal-Trans officials committed to work with the City on certain projects On/off ramps
and the City offered a partnership to rehabilitate and revitalize the ramps. In the City
Assistant City Manager Person provided and update on the Reader Board at the Shell gas Assist City Mgr
station at Azusa and First Street. He provided a brief history, stating that approximately one Reader Brd
year ago the City sent out to revitalize the Board but found that a Federal level directive Update
regarding the subject area and it was declared a Landscaping Zoning Areas in 1964 by Ladybird
Johnson; there is a need to rezone it. Discussion was held regarding the lack of improvements
to that area landscape and the stumbling blocks that have occurred. It was noted that Cal-
Trans has committed to help with the on and off ramps as well as the landscaping and other
matters of concern; City Manager advised that staff and Cal-Trans will be meeting at the
freeway next week. Councilmember Macias proposed that funds be raised to erect a
welcoming monument at one of the off ramps.
Mr. Greg Applegate, City's Contract Arborist, provided an update on the status of palm trees at G.Applegate
the Rosedale development. He stated that there are two groups of palms, Mexican fan palms Status of Palm
on the Promenade and California fan palms on Palm Drive and described how trees are being Trees-
handled, which have died and why, as well as which are surviving. He talked about the Rosedale
damage that the standing rain water has caused and the need for a storm drain. He responded
to questions posed by Councilmembers. City Manager Delach also responded to comments
made and stated that there is a fund from Azusa Land Partner for the care of the trees. ,
Councilmember Macias stated that in an effort to improve the City as a whole, he would like to .Macias
include the Azusa Post Office as a topic of discussion at a work shop, and approach Comments
Congresswoman Solis regarding the matter; contact County Board of Supervisor Gloria Molina
regarding Improvement to the County areas of Azusa and look into the possibility of Athens
sweeping alleyways. Mayor Rocha noted that he has received approval from AUSD to use
Murray Elementary School for a County meeting.
Councilmember Gonzales reminded and urged all to vote in the California Primary Election on Gonzales
February 5, 2008. Comments
Councilmember Carrillo congratulated all Miss Azusa and Miss Outstanding Teen contestants Carrillo
and winners; he urged all to continue with water conservation; announced that the Downtown Comments
North Meeting has bee postponed and urged all to vote.
Moved by Councilmember Gonzales, seconded by Mayor Pro-Tem Hanks and unanimously Rocha
carried to approve the request for proclamation for Boy Scout Aaron Meisel, of Troop 405 who Comments
has achieved the Eagle Scout award.
02/04/08 PAGE THREE
Mayor Rocha requested that all pray for Robert Aguirre, a student who has cancer, and Rocha
announced that there is a cancer outreach classes at Citrus Valley Health Partners which will be Comments
held on February I 1`h,May W.August le and November 10' , from 3:30 p.m.—5:00 p.m. at
the Cancer Research Center in Covina. He thanked Peggy Martinez for the Miss Azusa
Program; invited all to the Target Scoping Meeting, on Thursday, February 7, 2008; and asked
that the meeting be adjourned in memory of Former Fire Captain John Uttlefield, Olga Lobaco,
and Carmelita Mariscal Castillo. (Later in the meeting Gorden B. Hinckley was added)
SCHEDULED ITEMS Sched Items
PUBLIC HEARING - REQUEST BY COVINA IRRIGATING COMPANY (CIC) THAT CITY OF AZUSA Pub Hrg
CONSENT TO USE OF EMINENT DOMAIN BY COVINA IRRIGATING COMPANY TO ACQUIRE A CIC Waterline
WATERLINE EASEMENT ON PRIVATE PROPERTY WITHIN THE CITY LIMITS.
City Attorney Carvalho addressed the issue stating that the City received a request from CIC City Attorney
who requested Council adopt a resolution to determine if eminent domain could be used by Comments -
them; the proposed resolution gives the City consent for CIC to exercise eminent domain, but
she clarified that the resolution does not commit the City to use eminent domain;
consideration and adoption of the resolution does not have anything to do with whether CIC
will be successful in acquiring the land by eminent domain. She stated that the Councils duty is
to make several findings as follows: That the public interest and necessity require the proposed
project; That the proposed project is planned or located In a manner that will be most
compatible with the greatest good.and least private Injury; That the property described in the
resolution is necessary for the proposed project; and That hardship on the quasi-public entity
of not getting the easement outweighs any hardship to the owners of such property. She
noted that whether proper appraisals have been done on the property and whether discussion
between CIC and property owners have been conducted in good faith, that is an Issue between
the two parties. She added that a packet has been received From the law firm representing the
property owners and recommended to briefly hear from CIC, as to why they believe Council
can make the four findings; conduct the public hearing and determine independently whether
Council believe these findings can be made. .
Mr. David De Jesus, President and General Manager of Covina Irrigating Company, the D. De Jesus
applicant, addressed the public hearing detailing why there is a need to acquire a waterline Comments
easement on the private property and what has transpired between the company and property
owners to this point. He presented a power point depicting the water line, alternatives which
would be costly measures and the process for construction. He responded to questions posed
by Councilmembers regarding a possible mediation process, number of units on the property
etc.
Ms. Linda Hamer addressed the Hearing and voiced her opinion against eminent domain and L. Harrier
the waterline stating that several times they have requested additional information regarding Comments
the project to no avail. -
Mr. Paul Philips, City Manager of City of Covina addressed the Hearing noting the critical need P. Philips
for upgrading infrastructure stating that there is a need to move prudently and, CIC has done Comments
due diligence for the pipeline; he is in favor of adoption the resolution.
Mr. Ruston Glass addressed the Hearing against the waterline noting that it will -affect 90 R. Glass
homeowners, there will be no parking and huge traffic impacts. Comments
Mr. Ruben Lopez addressed the Hearing stating that the HOA had no information for them and R. Lopez
CIC provided him with it. His concern was the safety of his child, who is 15 months; he Comments
detailed the process stating it would be an inconvenience,but that the HOA could use $50,000
to upgrade their community.
Ms. Fran Diggs, Homeowners Association Property Manager addressed the Hearing stating that F. Diggs
CIC has not worked with the HOA. She voiced her opinion against the use of eminent domain Comments
and the project.
Ms. Kim Antol addressed the Hearing voicing her opinion against the project and use of K Antol
eminent domain. Comments
Ms. Rachel Mendoza addressed the Hearing noting the dangers and vandalism in parking on R.Mendoza
the street and blocks from her home. - Comments
Mr- Gan addressed the Hearing voicing his opinion against the project, noting that it is morally M.Gan
and ethically wrong and will have adverse Impacts on their properties. Comments
02/04/08 PAGE FOUR
Ms. Sherry Math addressed the Hearing noting that the money being offered could be used to S. Math
improve the complex and wished to withdraw the letter she signed against eminent domain; Comments
sbe thought they were taking her home.
Ms. Linda Herba addressed the Hearing noting the hazards of parking on the streets where L. Herba
there have been problems with vandalism. Comments
Ms. Andrea Cruz addressed the Hearing stating she would like to know more about the A. Cruz
setbacks for the existing canal, which other properties are going to be impacted, and the route Comments
of this construction.
Ms. Marie Browers addressed the Hearing advising that she will be greatly impacted, she works M. Browers
nights and will be trying to sleep through the day. Comments
Mr. Eric Fisher addressed the Hearing expressing his opinion against the project stating there E. Fisher
will be no compensation with the inconvenience and that there is a lot of homeless up in that Comments
area. He noted there is a need for security, and a place to put the equipment; his car has been
vandalized three times since 1994,there will be much noise and possible pipe leaking.
Mr. Danny Archuleta addressed the Hearing expressing his opinion regarding the matter in D.Archuleta
hopes of a resolution soon. Comments
Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously Hrg clsd
carried to close the Public Hearing.
Discussion was held between the Applicant, Staff, and Councilmembers regarding negotiations Discussion
with the HOA, alternate roads, impacts on San Gabriel Avenue, i.e. trenches, Rosedale
Easement, canal, effects from adopting the resolution, understanding of the findings which
have to be made, and the possibility of a mediation process.
It was consensus of Councilmembers that a mediation process take place to be facilitated by Discussion
the City Attorney; that Mayor Rocha and Councilmember Macias visit the facility to take a walk And comments
through; that there is a need to have agreement upon the money and to note that the residents
will be inconvenienced; and that there is a need for a signed agreement for the easement
through the parking lot.
Movedby Councilmember Macias, seconded by Mayor Rocha and unanimously carried to Hrg Continued
continue the Public Hearing to the meeting of March 17, 2008 in order for a mediation process To 3/17/08
to be conducted; within thirty days the mediation should be scheduled and within 60 days
there should be a signed agreement for the easement via the parking lot.
REQUEST FROM PLANNING COMMISSION - APPROVAL OF FORMATION OF AN ECONOMIC Ping Request
DEVELOPMENT SUBCOMMITTEE OF THE PLANNING COMMISSION. City Manager Delach To form an
requested that the item be continued to the next meeting in order for staff to provide a City ED sub com
Staff report with regard to the item. It was consensus of Councilmembers to continue the item
to the next meeting.
The City Council recessed at 10:59 p.m. and reconvened at 11:05 p.m. Recess
The CONSENT CALENDAR consisting of Items D-I through D-8 was approved by motion of Consent Cal
Councilmember Macias, seconded by Mayor Pro-Tem Hanks and unanimously carried with the Items
exception of items D-4 and D-5, which was considered under the Special Call portion of the
Agenda. Items D-3 and D-7,were REMOVED FROM THE AGENDA.
1. The minutes of the regular meeting of January 22, 2008,were approved as written. Min appvd
2. Human Resources Action Items were approved as follows:
Merit Increase and/or Regular Appointments: J. M.Aguilar, E. Street,1. Sandoval, S. Hunt, HR Action
N. Covarrubias, M. Bauer, P.Adame, and M. Czarnota. Items
Promotion: A.Solis, Line Mechanic.
3. REMOVED FROM AGENDA. Indemnification Agreement Between City And Covina Rmvd from
Irrigating Company (CIC) regarding resolution consenting to use of eminent domain by /agenda
Covina Irrigating Company to acquire a waterline easement on property owned by crystal CIC agmt
canyon homeowners.
4. SPECIAL CALL ITEM. Spec Call
02/04/08 PAGE FIVE
S. SPECIAL CALL ITEM. Spec Call
i
6. The City Treasurers Report as of December 31, 2007,was received and filed. Treas Rpt
7. REMOVED FROM AGENDA. Civilian Association of Police Personnel (CAPP) contract Rmvd Agenda
dated August I, 2007 through July 31, 2010. CAPP contract
8. The following resolution was adopted and entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 08-C8.
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants
ARE TO BE PAID.
SPECIAL CALL ITEMS - Special Call
Councilmember Gonzales addressed Item regarding the Retro-fit ball field lighting at Memorial Gonzales
Park asking the timeframe for completion of the lighting. Director of Recreation and Family Comments
Services responded stating It will be late spring/early summer.
Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously Retro-Fit ball
carried to award the contract to Ace Electric in the amount of $198,600.00, for the Retro-Fit Field Mem Pk
Ball Field Lighting Project at Memorial Park. approved
Councilmember Macias addressed item regarding the annual weed abatement of improved Macias
properties asking how the affected property owners were informed of the Hearing. Mr. Comments
Richard Anderson of Los Angeles County Fire responded that property owners were sent
declaration cards and the Hearing will be published in the local newspaper.
Councilmember Macias offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING HAZARDOUS Res.08-CT.
BRUSH, DRY GRASS, WEEDS, COMBUSTIBLE GROWTH OR FLAMMABLE VEGETATION ON Weed
IMPROVED PARCELS OF LAND TO BE A SEASONAL AND RECURRING NUISANCE. (Public Abatement
Hearing was scheduled for February 19, 2008, at 7:30 p.m. or as soon thereafter as the Improved Prop
matter may be heard).
Moved by Councilmember Macias, seconded by Councilmember Gonzales to waive further
reading and adopt. Resolution passed and adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE -
ABSENT: COUNCILMEMBERS: NONE
THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED JOINTLY TO Joint Clty/CRA
CONSIDER THE FOLLOWING ITEM: Item
PROFESSIONAL SERVICES AGREEMENT WITH HOGLE-IRELAND, INC. FOR PREPARATION OF PSA Hogle-
HOUSING ELEMENT UPDATE. Ireland
Moved by Mayor Pro-Tem/Director Hanks, seconded by Councilmember/Director Carrillo and Housing
unanimously carried to authorize the City Manager/Executive Director to enter into a Elemet
professional services agreement with Hogle-Ireland, Inc., for the preparation of the State- Approved
mandated update to the City's Housing Element of the General Plan, and approval was given
for 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. -
THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONTINUED AT flat CRAconvene
P.M. THE CITY COUNCIL RECONVENED AT 11:13 P.M. Cncl rcnvd
02/04/08 PAGE SIX
It was consensus of Councilmembers to recess back to Closed session at 11:14 P.M. The City Recess back to
Council reconvened at 12:14 P.M. There was no reportable action Closed Session
It was consensus of Councilmembers to adjourn in memory of Former Fire Captain John Adjourn in
Littlefield, Olga Lobaco, Carmelita Mariscal Castillo,and Gordon B. Hinckley. Memory of
J. Littlefield,
O. Lobaco,
C. Castillo,
G. Hinckley
UPCOMING MEETINGS: 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) .
TIME OF ADJOURNMENT: 12:15 P.M.
CITY CLERK
NEXT RESOLUTION NO.2008-C9.
NEXT ORDINANCE NO.2008-01.
)2/04/08 PAGE SEVEN
Y'"
r ri wal
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL .
SPECIAL MEETING
MONDAY,JANUARY 28,2008—8:45 P.M.
The City Council of the City of Azusa met In special session at the above date and time in the
Light and Water Conference Room located at 729 N.Azusa Avenue,Azusa.
Mayor Rocha called the meeting to order.
Call to Order
ROLL CALL
Roll Call
PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS, ROCHA
ABSENT: COUNCILMEMBERS: HANKS
ALSO PRESENT:
Also Present
City Attorney Martinez, City Manager Delach, Assistant City Manager Person, City Clerk
Mendoza, Deputy City Clerk Toscano.
PUBLIC PARTICIPATION Pub Part
None. None
Closed Sess
CLOSED SESSION
It was consensus to recess to Closed Session to discuss the following:
CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Gov. Code Section Vulcan Materials
54956.9 (bl. Threat of litigation by Vulcan Materials regarding vested mining rights.
(Discussion continued from January 22, 2008, City Council Meeting).
The City Council reconvened at 9:13 pm. City Attorney Martinez advised that there was no No Rpts
reportable action taken in Closed Session.
It was consensus of Councilmember to adjourn. Adjourn
TIME ADJOURNMENT: 9:14 P.M.
CITY CLERK
NEXT RESOLUTION NO. 08-C7.
0
t; �'��`-���;a��
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
AND THE REDEVELOPMENT AGENCY
SPECIAL MEETING—JOINTLY WITH CITY OF DUARTE
TUESDAY,JANUARY 29,2008—6:07 P.M.
The City Council and the Redevelopment Agency Board Members of the City of Azusa met in
special session at the above date and time in the Azusa Auditorium, located at 213 E. Foothill
Boulevard,Azusa.
Mayor/Chairman Rocha called the meeting to order. Call to Order
Azusa Chief of Police Bob Garcia led in the salute to the Flag. Flag Salute
ROLL CALL Roll Call
PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,ROCHA
ABSENT: COUNCILMEMBERS: HANKS
MEMBERS OF THE DUARTE CITY COUNCIL PRESENT: REYES, FASANA, FINLAY, PARAS- Duarte Cncl
CARACCI, GASTON
ALSO PRESENT: Also Present
City Manager/Executive Director Delach,Assistant City Manager/Assistant Executive Person,
Chief of Police Garcia, Director of Utilities Hsu, Public Information Officer Quiroz, Library
Director Tovar, Recreation Supervisor Hamilton, Economic Development Director Coleman,
Public Works Director Makshanoff, Director of Information Technology Graf, Secretary/City
Clerk Mendoza, Deputy Secretary/Deputy City Clerk Toscano.
PUBLIC PARTICIPATION Pub Part
Mr. Richard Deem addressed Council voicing his opinion against Vulcan mining and the letter R. Deem
they submitted regarding their right to mine the additional 80 acres in the west side of their Comments
property.
Mr. Lino Paras addressed Council voicing his opinion against Vulcan mining noting that clean L. Paras
and bad air has no boundaries. Comments
Mr.AI Contreras of the Upper San Gabriel Valley Water District addressed Council noting that A.Contreras
his concern Is the water and the possibility of contamination by the mining. Comments
Mr. Charles Bucker Gwyn addressed Council noting the positive changes in both cities, but C. Gwyn
noted that the backdrop mountains are an eye sore that can be seen from all over; he would Comments
like to see a positive change.
Mr.Allen Hiller addressed Council voicing his opinion against Vulcan mining In the community. A. Hiller
Comments
Ms. Susan Buchanan addressed Council voicing her opinion against the Vulcan mining and S. Buchanan
hopes they receive the message that the community is against it. comments
AGENDA ITEMS - Agenda Item ,
The following issues were discussion: Joint Issues
Encanto Parking Restrictions- Discussion was held regarding truck traffic up EI Encanto, Encanto Pltg
speed control,and possible liabilities. City Manager Delach advised that parking restrictions Restrictions
can be lifted during weekends and special events on one side of the street and he would have
City Engineer look into the feasibility.
Encanto Nature Walk-Deputy City Manager Karen Herrera of Duarte provided an update on Encanto Nature
the Rivers and Mountains Conservancy and what they will be doing with funds for the Nature Walk
Walk.She requested a commitment from Azusa police to patrol more frequently when they are
up and running; completion date is early part of 2009.
Pedestrian Bridee San Gabriel River-City Managers of both cities and Deputy City Manager Pedestrian Bridge
Herrera of Duarte provided information regarding the issue and discussion was held. Safety SG River
was one of the most important Issues and City Manager Delach was asked to provide costs
estimates for lighting/solar or motion sensor.
Foothill Boulevard Street Conditions/Maintenance-Lengthy discussion was held and It was Foothill Blvd
noted that City of Irwindale and Los Angeles County are taking responsibility for their part of Street Conditions
this area. Some problems noted in that area were poor street condition,roots of trees tearing Maintenance
asphalt, lighting on bridge, dangerous curve and safety In general; it was noted that a traffic
study should be performed as well as the responsibility for those Issues.
San Gabriel River Homeless Issues-Azusa Chief of Police Garcia detailed the intervention SG River
that was performed In the Canyon area in October and Issues with homeless.Discussion was Homeless Issues
held regarding responsibility,reporting Incidents/suspicious persons and psa regarding dangers
of water and drowning(s).
Minin¢Issues-Lengthy discussion was held regarding Vulcan mining,its special use permit, Mining Issues
acreage,terms,vested rights,etc. City Attorney Carvalho responded to questions posed and
detalled history, conditions, monitoring, compliance, threats of litigation, general plan, etc.
Question and answer session ensued and many questions were posed regarding the history of
Vulcan Materials; City Attorney Carvalho advised that she would return with responses to
question as soon as possible.
It was consensus of Councilmembers/Directors to adjourn. Adjourn
TIME ADJOURNMENT: 7:57 P.M.
CITY CLERK/SECRETARY
NEXT RESOLUTION NO. 08-C7
NEXT RESOLUTION NO. 08-R4
01/29/08 PAGE TWO
u•
p.
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER
VIA: F.M. DELACH, CITY MANAGERf4
DATE: FEBRUARY 19, 2008
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 February 12, 2008, the Personnel Board confirmed the following Department Head recommendation
regarding the following Personnel Action requests.
A. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
DEPARTMENT NAME` OI 'CIASSITICATION FACTIOXEFF RANGE/STE-41
P
DATE IBASE MO SAI ARY
Information Technology Richard Cabildo Senior IT Analyst Merit Inc 4214/4
12-21-07 $6,236.51
Information Technology Jaime Prado Senior IT Analyst/GIS Merit Inc 4214/4
12/21/07 $6,236.51
Police Jerry Arnold Police Sergeant Merit Inc 6501/5
1/1/08 $7,523.43
Police Jorge Arias Police Officer Merit Inc 6101/5
1/15/08 1 $6,157.52
Police Jesse Landa Police Officer Reg Appt. 6101/2
11-27-07 1 $5,310.75
B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant
to the Rules of The Civil Service System.
DEPAIiTM'ENT .NAME =CLASSIFICATION: AFFECTIVEIDATE 'RANGE/STEP
_ BA"SEMO ALARY
Police Mark Adams Lateral Police Officer Pending phy & 6101/4
fingerprints $5,860.69
C. SEP/Bl/{Tl()N The following separations submitted for informational
CT
Utilities Todd St. John Line Mechanic 12-7-08
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets.
`
J
u
AFM
CITY COUNCIL CONSENT ITEM
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT JJ
DIRECTOR
VIA: F.M. DELACH, CITY MANAGER f,1&57
DATE: FEBRUARY 19, 2008 /"
SUBJECT: RESOLUTION FINDING THAT THE FORMATION OF A PROJECT AREA
COMMITTEE FOR THE PROPOSED AMENDMENT TO THE REDEVELOPMENT
PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END
REDEVELOPMENT PROJECT AREAS ("PROJECT AREA") IS NOT REQUIRED BY
HEALTH AND SAFETY CODE SECTION 33385
RECOMMENDATION
It is recommended that the City Council of the City of Azusa adopt the resolution finding and
determining that the formation of a Project Area Committee for the proposed amendment to
the Redevelopment Plan for the Project Area is not necessary pursuant to California
Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("CRL").
BACKGROUND
The City Council,,working in cooperation with the Redevelopment Agency of the City of Azusa
("Agency"), began the process to amend the Redevelopment Plan (" Amendment") for the .
Project Area on January 7, 2008, by designating a survey area for the proposed areas to be
added ("Added Area") to the Project Area. The Agency has been following the procedures
established in the CRL for amending the Redevelopment Plan for the Project Area. Pursuant
to Section 33324 of the CRL, the Planning Commission worked in conjunction with the
Agency to prepare and adopt the Preliminary Plan for the Amendment, which established the
boundaries of the Added Area.
Pursuant to Section 33385 of the CRL, the City Council shall form a Project Area Committee
("PAC") consisting of residents, business tenants, property owners, and existing community
organizations if either of the following situations exist for the Amendment:
1 . A substantial number of low- to moderate-income persons reside within the Added
Area, and the proposed amendment to the Redevelopment Plan for the Project Area
Page 2 of 2
February 19, 2008
The Honorable Mayor and Members of the City Council
Re: Resolution Finding that the Formation of a Project Area Committee for the Proposed Amendment
to the Redevelopment Plan for the Merged Central Business District and West End
Redevelopment Project Areas ("Project Area") Is Not Required By Health and Safety Code Section
33385
will contain the authority for the Agency to acquire, by eminent domain, property on
which any persons reside.
2. The proposed amendment to the Redevelopment Plan for the Project Area contains
one or more public projects that will displace a substantial number of low- to
moderate-income persons.
The Agency will not be required to form. a PAC for the Amendment pursuant to the
requirements of Section 33385 of the CRL for the following reasons:
• The Added Area does not contain any residential property.
• The Added Area does not contain a substantial number of low- to moderate-income
persons.
• The existing Redevelopment Plan for the Project Area does not authorize the Agency
to acquire lawfully occupied residences, both owner-occupied and rental, by
condemnation unless requested in writing by the property owner. The amendment to
the Redevelopment Plan for the Project Area will not amend this eminent domain
policy.
• The Amendment does not contain one or more public projects that will displace a
substantial number of low- to moderate-income persons.
The Amendment does not require the Agency to form a PAC. The Agency must, however,
follow the procedures for soliciting input from the community regarding the Amendment. The
City staff will design a Community Information Meeting to present the Amendment to
community members and business leaders, and provide opportunities to answer questions
and receive input from residents, affected taxing entities, and civic and business
organizations.
FISCAL IMPACT
This recommended action has no fiscal impact.
Attachment:
A Resolution of the City Council of the City of Azusa Finding and Determining that the Formation of a Project Area
Committee for the Proposed Amendment of the Redevelopment Plan for the Merged Central Business District and
West End Redevelopment Project Area Is Not Required by Health and Safety Code Section 33385
Maps of Proposed Added Area
C:\Documents and Settings\rjara\Desktop\PlanAmend_CtyCouncil Mtg 2_19_08\No PAC Staff Report_rjj.DOC
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FINDING AND DETERMINING
THAT THE FORMATION OF A PROJECT AREA COMMITTEE FOR THE PROPOSED AMENDMENT
OF THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST
END REDEVELOPMENT PROJECT AREA IS NOT REQUIRED BY HEALTH AND SAFETY CODE
SECTION 33385
WHEREAS, the Redevelopment Agency ("Agency") of the City of.Azusa ("City") has begun
the process for amending the Redevelopment Plan ("Amendment") for the Merged Central
Business District and West End Redevelopment Project Area ("Project Area") in accordance with the
California Community Redevelopment Law ("CRL"), Health and Safety Code Section 33000 et seq.;
and
WHEREAS, the City of Azusa Planning Commission, selected and designated the boundaries
of the areas to be added to the Project Area ("Added Area") through its approval of the Preliminary
Plan for the Amendment January 30, 2008, which included a map of the Added Area as an exhibit
thereto, and authorized transmittal of the Preliminary Plan to the Agency; and
WHEREAS, Section 33385 of the CRL requires the legislative body of a city to call upon the
residents, business tenants, property owners, and existing community organizations in a
redevelopment project area to form a Project Area Committee ("PAC") in either of the following
situations:
1 . A substantial number of low-income persons or moderate-income persons, or both, reside
within the Project Area, and the Redevelopment Plan as adopted will contain authority for
the Agency to acquire, by eminent domain, property on which any persons reside; and
2. The Redevelopment Plan as adopted contains one or more public projects that will displace
a substantial number of low- or moderate-income persons, or both; and
WHEREAS, none of the properties within the Added Area are residential, nor do any low- to
moderate-income residents reside within the Added Area; and
WHEREAS, the Agency's adopted Redevelopment Plan for the Project Area does not
authorize the Agency to acquire lawfully occupied residences, both owner-occupied and rental, by
condemnation unless requested in writing by the property owner; and
WHEREAS, the Amendment shall not contain one or more public projects that will displace a
substantial number of low- to moderate-income persons; and
WHEREAS, the City Council wants to ensure an open process with community involvement
and therefore directs City staff to conduct a Community Information Meeting to present the
Amendment to community members and business leaders, and provide opportunities to answer
questions and receive input from residents, affected taxing entities, and civic and business
organizations.
I
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES
FIND AND DECLARE THAT:
Section 1. The formation of a PAC for the Amendment is not necessary pursuant to the
requirements of Section 33385 of the CRL.
Section 2. The City Council directs that Agency staff conduct a Community Information
Meeting to discuss the Amendment and receive input from residents, affected taxing entities, and
civic and business organizations.
Section 3. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 19th day of February, 2008 by the City Council of the City
of Azusa.
Mayor
I HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of
said City Council on the day of , 2008, by the following vote of the
Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk
2
CSDomments and Settings\rlara\DesktopWil entl CtyCouncil Mtg 2_19 081No PAC Resolutlon 021908.DOC
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Added Area a e Central Business District (Merged Project)
Listinq of Added Area Parcel Numbers:
Added Area Portion 3
1 - 8614-014-058 5 - 8614-015-027 9 - 8614-015-028
2 - 8614-014-057 6 - 8613-024-024 10 - 8614-016-910
3 - 8614-014-917 7 - 8613-024-023 11 - 8614-016-908
4 - 8614-014-054 8 - 8614-015-900
• ti�OF ASG
CONSENT ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTOR
VIA: F.M. DELACH, CITY MANAGER
DATE: FEBRUARY 11, 2008
SUBJECT: AWARD OF CONTRACT - PAINTING OF THE LIGHT/SAFETY STANDARDS IN
DOWNTOWN AREA
RECOMMENDATION
It is recommended that the City Council award a contract in the amount of $14,230.00 to
Bithell Inc. for the painting of the light/safety standards in the downtown area.
BACKGROUND
On November 19th, 2007 the City Council authorized staff to solicit bids for the painting of
the light/safety standards in the downtown area. It has been approximately 10 years since the
various light poles, trash receptacles and bollards were installed throughout the downtown
area. Since then, there have only been minor repair efforts for the paint finish of these
fixtures.
A formal bid opening was held on January 28th, 2008. Bids were solicited for 2 specifications;
water-base and poly-urethane paint. Paint color specified is Cobalt Blue #140 alca "Azusa
Blue" (Note: Once applied, color/tone will appear significantly different due to the fading that
has occurred throughout the years, however the original color specification has remained the
same). The following bids.were received per the poly-urethane specification:
1. Bithell Inc. $ 14,230 5. Royal Crest $ 46,288
2. Leos A-C Inc. $ 14,895 6. C.T. Georgiou $ 49;040
3. Kronos Inc. $ 23,785 7. Best Quality $ 111,822
4. A.J. Fistes $ 41,320 8. Spectra Co. $ 118,707
Bithell Inc. was the low-bidder for the water-base and poly-urethane specifications. The price
differential for the poly-urethane paint specification is $2,100. The life of the poly-urethane
application is 10-12 years; that of the water-base paint is 7-8 years. Staff recommends an
award of contract to Bithelll Inc. per the poly-urethane specification. Bithell has performed
similar projects for other municipalities; references were verified.
FISCAL IMPACT
Project was not adopted in the FY 07/08 CIP; funds are available in the Gas Tax Reserve.
Attachments: Maintenance Service Agreement
CITY OF AZUSA
AGREEMENT FOR MAINTENANCE SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 11th day of February,2008 by and between the
City of Azusa, a municipal corporation of the State of California, located at 213 East Foothill
Boulevard, Azusa, California 91702-1295,County of Los Angeles, State of California, (hereinafter
referred to as"City") and Bithell,Inc., a Corporation with its principal place of business at 1004 E.
Edna Place, Covina, California (hereinafter referred to as "Contractor"). City and Contractor are
sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing concrete industrial painting services to
public clients, that it and its employees or subcontractors have all necessary licenses and permits to
perform the Services in the State of California, and that is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the"Painting of the Downtown
Light/Safety Standards" ("Project') as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the
Owner all labor,materials,tools, equipment,services,and incidental and customary work necessary
to fully and adequately supply the professional concrete repair services necessary for the Project
("Services"). The Services are more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference. All Services shall be subject to,and performed in accordance with,
this Agreement,the exhibits attached hereto and incorporated herein by reference,and all applicable
local, state and federal laws, rules and regulations.
RVPUBWGS\547268
3.1.2 Tenn. The term of this Agreement shall be from February 10`h, 2008 to April 30`",
2008,unless earlier terminated as provided herein. Contractor shall complete the Services within the
term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates;Independent Contractor. The Services
shall be performed by Contractor or under its supervision. Contractor will determine the means,
methods and details of performing the Services subject to the requirements of this Agreement. City
retains Contractor on an independent contractor basis and not as an employee. Contractor retains the
right to perform similar or different services for others during the term of this Agreement. Any
additional personnel performing the Services under this Agreement on behalf of Contractor shall also
not be employees of City and shall at all times be under Contractor's exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Agreement and as required by law. Contractor shall be
responsible for all reports and obligations respecting such additional personnel, including, but not
limited to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously,
within the term of this Agreement. Contractor represents that it has the professional and technical
personnel required to perform the Services in conformance with such conditions. In order to
facilitate Contractor's conformance with the Schedule,City shall respond to Contractor's submittals
in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor
shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates James Makshanoff,or his
or her designee, to act as its representative for the performance of this Agreement ("City's
Representative"). City's Representative shall have the power to act on behalf of the City for all
purposes under this Contract. Contractor shall not accept direction or orders from any person other
than the City's Representative or his or her designee.
3.2.5 Contractor's Representative. Contractor hereby designates Dave Ramirez,or
his or her designee,to act as its representative for the performance of this Agreement("Contractor's
Representative"). Contractor's Representative shall have full authority to represent and act on behalf
of the Contractor for all purposes under this Agreement. The Contractor's Representative shall
supervise and direct the Services, using his best skill and attention, and shall be responsible for all
means, methods, techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
RVPUBWGSl547268 2 (BB&K:Jan.6,2000)
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in
the performance of Services and shall be available to City's staff, consultants and other staff at all
reasonable times.
3.2.7 Standard of Care: Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employedby professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling necessary
to perform the Services. Contractor warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Finally, Contractor
represents that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including a City
Business License, and that such licenses and approvals shall be maintained throughout the tern of
this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Contractor's failure to comply with
the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who
is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails or
refuses to perform the Services in a manner acceptable to the City,shall be promptly removed from
the Proj ect by the Contractor and shall not be re-employed to perform any of the Services or to work
on the Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting the
performance of the Project or the Services,including all Cal/OSHA requirements,and shall give all
notices required by law. Contractor shall be liable for all violations of such laws and regulations in
connection with Services. If the Contractor performs any work knowing it to be contrary to such
laws, rules and regulations and without giving written notice to the City, Contractor shall be solely
responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its
officials,directors,officers,employees and agents free and harmless,pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure
to comply with such laws, rules or regulations.
3.2.9 Insurance.
3.2.9.1 Time for Compliance. Contractor shall not commence Work under
this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance
required under this section. In addition, Contractor shall not allow any subcontractor to commence
work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor
has secured all insurance required under this section.
RVPUBWGS'547268 3
(BB&SC:Jan.6,2000)
3.2.9.2 Minimum Requirements. Contractor shall,at its expense,procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the Agreement
by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also
require all of its subcontractors to procure and maintain the same insurance for the duration of the
Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and
(3) Workers'Compensation and Employer's Liability:Workers' Compensation insurance as required
by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Contractor shall maintain limits
no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury,personal injury and
property damage. If Commercial General Liability Insurance or other form with general aggregate
limit is used, either the general aggregate limit shall apply separately to this Agreement/location or
the general aggregate limit shall be twice the required occurrence limit; (2)Automobile Liability:
$1,000,000 per accident for bodily injury and property damage;and(3) Workers'Compensation and
Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of
California. Employer's Liability limits of$1,000,000 per accident for bodily injury or disease.
3.2.9.3 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Contractor shall provide endorsements on forms supplied or approved by
the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed
to state that: (1)the City,its directors,officials,officers,employees, agents and volunteers shall be
covered as additional insured with respect to the Work or operations performed by or on behalf of
the Contractor, including materials,parts or equipment furnished in connection with such work;and
(2) the insurance coverage shall be primary insurance as respects the City, its directors, officials,
officers,employees, agents and volunteers,or if excess,shall stand in an unbroken chain of coverage
excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be
excess of the Contractor's insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1)the City,its directors,officials,officers,employees,agents and volunteers
shall be covered as additional insureds with respect to the ownership, operation,maintenance,use,
loading or unloading of any auto owned,leased,hired or borrowed by the Contractor or for which the
RVPUBWGSl47268 4 (BB&K:Jan.6,2000)
Contractor is responsible; and(2)the insurance coverage shall be primary insurance as respects the
City,its directors,officials,officers,employees,agents and volunteers,or if excess,shall stand in an
unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any
insurance or self-insurance maintained by the City,its directors,officials,officers,employees,agents
and volunteers shall be excess of the Contractor's insurance and shall not be called upon to
contribute with it in any way.
(C) Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
officers, employees, agents and volunteers for losses paid under the terms of the insurance policy
which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A)coverage shall not be suspended,voided,reduced or
canceled except after thirty(30)days prior written notice by certified mail,return receipt requested,
has been given to the City; and (B) any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage provided to the City, its
directors, officials, officers, employees, agents and volunteers.
3.2.9.4 Separation of Insureds;No Special Limitations. All insurance required
by this Section shall contain standard separation of insureds provisions. In addition,such insurance
shall not contain any special limitations on the scope of protection afforded to the City,its directors,
officials, officers, employees, agents and volunteers.
3.2.9.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City. Contractor shall guarantee that,at
the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the City, its directors, officials, officers, employees, agents and
volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
3.2.9.6 Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City.
3.2.9.7 Verification of Coverage. Contractor shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this Agreement on forms
satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed
by a person authorized by that insurer to bind coverage on its behalf,and shall be on forms provided
by the City if requested. All certificates and endorsements must be received and approved by the
City before work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
RVPUBMS\547268 5
(BB&K:Jan 6,2000)
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services,the Contractor shall at all times be in
compliance with all applicable local,state and federal laws,rules and regulations,and shall exercise
all necessary precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable shall include,
but shall not be limited to: (A) adequate life protection and life saving equipment and procedures;
(B)instructions in accident prevention for all employees and subcontractors,such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenebing and
shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages.Contractor is aware of the requirements of California Labor
Code Section 1770 et sem. ("Prevailing Wage Laws"),which require the payment of prevailing wage
rates and the performance of other requirements on "public works contracts." If this is a "public
works contract' pursuant to the California Labor Code and if the total compensation is $1,000 or
more, Contractor agrees to fully comply with such Prevailing Wage Laws. Copies of the prevailing
rate of per diem wages for each craft, classification or type of worker needed to execute this
Agreement shall be made available to interested parties upon request, and shall be posted at the
Project site. Contractor agrees to defend, indemnify and hold the City,its elected officials,officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement,from any claim or liability arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in Exhibit
"B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to
City concurrently with this Agreement a Performance Bond in the amount of the total,not-to-exceed
compensation indicated in this Agreement,and in a form provided or approved by the City. If such
bond is required,no payment will be made to Contractor until it has been received and approved by
the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit `B" attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of
the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or
approved by the City. If such bond is required, no payment will be made to Contractor until it has
been received and approved by the City.
RVPUBWGS1547268 6 (BB&K:Jan.6,2000)
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond
become insufficient or any suretybe found to be unsatisfactory,Contractor shall renew or replace the
affected bond within 10 days of receiving notice from City. In the event the surety or Contractor
intends to reduce or cancel any required bond, at least thirty(30) days prior written notice shall be
given to the City, and Contractor shall post acceptable replacement bonds at least ten(10)days prior
to expiration of the original bonds. No further payments shall be deemed due or will be made under
this Agreement until any replacement bonds required by this Section are accepted by the City.To the
extent, if any, that the total compensation is increased in accordance with the Agreement, the
Contractor shall,upon request of the City,cause the amount of the bonds to be increased accordingly
and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available,
the bonds shall further provide that no change or alteration of the Agreement (including, without
limitation, an increase in the total compensation, as referred to above), extensions of time, or
modifications of the time,terms,or conditions of payment to the Contractor,will release the surety.
If the Contractor fails to furnish any required bond,the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120,shall be accepted. The surety
must be a Califomia-admitted surety with a current A.M. Best's rating no less than A:VIIl and
satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these
requirements,the insurer will be considered qualified if it is in conformance with Section 995.660 of
the California Code of Civil Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation,including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C"
attached hereto and incorporated herein by reference. The total compensation shall not exceed
Fourteen Thousand Two Hundred and Dollars ($ 14,230.00) without written approval of City's
Public Works Director. Extra Work may be authorized,as described below, and if authorized,will
be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by Contractor.
The statement shall describe the amount of Services and supplies provided since the initial
commencement date,or since the start of the subsequent billing periods,as appropriate,through the
date of the statement. City shall,within 45 days of receiving such statement, review the statement
and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement,City may request
RVPUBWGS\547268 7 (BB&K:Jan.6,2000)
that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is
determined by City to be necessary for the proper completion of the Project,but which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall
not perform, nor be compensated for, Extra Work without written authorization from City's
Representative.
3.4 Accounting Records.
3.4.1 Maintenance and hispection. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records shall
be clearly identifiable. Contractor shall allow a representative of City during normal business hours
to examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents,
proceedings, and activities related to the Agreement for a period of three(3)years from the date of
final payment under this Agreement.
3.5 General Provisions.
3.5.1 TerminationofA2reement.
3.5.1.1 Grounds for Termination.. City may,by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Contractor of such termination, and specifying the effective date thereof,at least seven(7)
days before the effective date of such termination. Upon termination, Contractor shall be
compensated only for those services which have been adequately rendered to City, and Contractor
shall be entitled to no further compensation. Contractor may not terminate this Agreement except for
cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Contractor to provide all finished or unfinished Documents and Data and
other information of any kind prepared by Contractor in connection with the performance of Services
under this Agreement. Contractor shall be required to provide such document and other information
within fifteen(15) days of the request.
3.5.1.3 Additional Services. hi the event this Agreement is terminated in
whole or in part as provided herein,City may procure,upon such terns and in such manner as it may
determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
RVPUBWGSl547268 8 (BBBK:Jan.6,2000)
CONTRACTOR:
Bithell, Inc.
1004 E. Edna Place
Covina, CA 91724
Attn: Gordon Bitell
CITY:
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702-1295
Attn: Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48)hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Cooperation:Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary,appropriate
or convenient to attain the purposes of this Agreement.
3.5.4 Attorney's Fees. If either party commences an action against the other party,
either legal, administrative or otherwise, arising out of or in connection with this Agreement, the
prevailing party in such litigation shall be entitled to have and recover from the losing party reason-
able attorney's fees and all other costs of such action.
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its '
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons,including wrongful death,in any manner arising out of or incident to any alleged
acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents,
consultants and contractors arising out of or in connection with the performance of the Services,the
Project or this Agreement, including without limitation the payment of all consequential damages
and attorneys fees and other related costs and expenses. Contractor shall defend,at Contractor's own
cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every
kind that may be brought or instituted against City,its directors,officials,officers,employees,agents
or volunteers. Contractor shall pay and satisfy any judgment, award or decree that maybe rendered
against City or its directors, officials, officers, employees, agents or volunteers, in any such suit,
action or other legal proceeding. Contractor shall reimburse City and its directors,officials,officers,
employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of
RVPUBWGS\547268 9 (BB&K:Im 6,2000)
them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation
to indemnify shall not be restricted to insurance proceeds, if any,received by the City,its directors,
officials officers, employees, agents or volunteers.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other
contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign,hypothecate,or transfer,
either directly or by operation of law,this Agreement or any interest herein without the prior written
consent of the City. Any attempt to do so shall be null and void,and any assignees,hypothecates or
transferees shall acquire no right or interest by reason of such attempted assignment,hypothecation
or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Contractor include all personnel, employees, agents, and subcontractors of
Contractor, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.5.13 Amendment;Modification. No supplement,modification,or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other
RVPUBWGSK47268 10 (BB&K:Jan.6,2000)
default or breach,whether of the same or other covenant or condition. No waiver,benefit,privilege,
or service voluntarily given or performed by a Party shall give the other Party any contractual rights
by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely for
Contractor,to solicit or secure this Agreement. Further,Contractor warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. For breach or violation of this
warranty, City shall have the right to rescind this Agreement without liability. For the term of this
Agreement,no member,officer or employee of City,during the term of his or her service with City,
shall have any direct interest in this Agreement, or obtain anypresent or anticipated material benefit
arising therefrom.
3.5.18 Equal Opportunity Em llooyment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor,employee or applicant
for employment because of race,religion,color,national origin,handicap,ancestry,sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Contractor shall also comply with all relevant provisions of Citys Minority Business Enterprise
program, Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every employer
to be insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.21 Counteroarts. This Agreement maybe signed in counterparts,each of which
RVPUBWGSl547268 11
(BB&K:Jan.6,2000)
shall constitute an original.
3.6 Subcontracting.
3. .1 Prior Approval Re uired. Contractor shall not subcontract an portion of the
6 nn q Y
work required by this Agreement,except as expressly stated herein,without prior written approval of
City. Subcontracts,if any,shall contain a provision making them subj ect to all provisions stipulated
in this Agreement.
CITY OF AZUSA BITHELL,INC.
By: By:
Joseph R. Rocha Gordon L. Bithell
Mayor President
California Contractor License No. 225174
By:
Francis M. Delach
City Manager
Attest:
City Clerk
Approved as to Form:
Best Best &Krieger LLP
City Attorney
RVPUB\NGS\57 41268 12 (BB&K:]an.6,2000)
EXHIBIT "A" -
SCOPE OF MAINTENANCE SERVICES
The City of Azusa is soliciting bid prices to repaint/refinish light & safety standards throughout
the downtown Azusa area. Contractor is responsible for the following:
1. Sand each standard to a smooth surface
2. Wipe with dust clothes or dust broom
3. Check for damage and report to Azusa lighting management
4. Prime surface as necessary
5. Paint will be applied with rollers or brush (no spray painting)
6. Paint color with will match "Azusa Blue"/ #140 Cobalt Blue
7. Paint provided and to be used is a 2-part poly-urethane paint.
8. Removal and replacement of banner brackets around light/safety standards.
9. Provide traffic control: All traffic control plans/devices shall conform to the latest edition
of the CALTRANS Traffic manual.
10. Painting of Light Standards, Cross Walk Signal Standards, Bollards, Trash Receptacles
and Meyer Signal Boxes to be completed Monday—Friday, 6 A.M. —5 P.M.
11. Painting of Signal Standards to be completed Monday—Friday, 9 A.M. - 3 P.M.
RVPUBWGS�547268
1 (BB&Kaan.6,2000)
EXHIBIT "C"
COMPENSATION
The City reserves the right to delete any bid item and increase or decrease the estimated quantities that
will serve the City's best interest. It is understood that the foregoing quantities are approximate,the
Contractor's compensation will be computed upon the basis of the actual quantities in the complete
work,whether they be more or less than those shown.
Unit Price Total Price
Item# Quantity n Description Poly-Urethane Poly-Urethane
1. (5) Large Light Signal Standards $ 550.00 $ 2,750.00
2. (4) Small Safety Signal Standards $ 175.00 $ 700.00
3. (90)Dual Light Standards $ 85.00 $ 7,650.00
4. (2) Cross Walk Signal Boxes $ 130.00 $ 260.00
5. (56) Bollards 35.00 $ 1,960.00
6. (11) Trash Can Receptacles $ 60.00 $ 660.00
7. (5) Meyer Signal Boxes $ 50.00 $250.00
Total: $ 14,230
RVPUBWGS697268 - 2
(BB&%:)aa b,2000)
(J v:
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CIN COUNCIL
FROM: ROBERT B. GARCIA, CHIEF OF POLICE
VIA: F.M. DELACH, CITY MANAGER(/✓2
DATE: FEBRUARY 19, 2008
SUBJECT: ADOPTION OF A RESOLUTION FOR THE POLICE DEPARTMENT TO ENTER INTO
AN AGREEMENT WITH THE IRWINDALE POLICE DEPARTMENT AND THE LOS
ANGELES COUNTY ILLEGAL STREET RACING AND DRIVING UNDER INFLUENCE
ENFROCEMENT MEMORANDUM OF UNDERSTANDING.
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the
Chief of Police to enter into the attached Memo of Understanding with the Irwindale
Police Department accepting reimbursement for 150% of officer's hourly rates who
participate in the Los Angeles County Illegal Street Racing and DUI Enforcement
program. See attached MOU.
BACKGROUND
Irwindale has secured a grant from the State of California Office Traffic Safety to
conduct 8 Illegal Street Racing enforcement operations and DUI enforcement
between October 1 , 2007 and June 30, 2010. The grant allows Irwindale to reimburse
designated police agencies that participate in the program up to 12 officers, working
each of 8 enforcement preparation for 8 hours on an overtime basis (150% of their
hourly rate).
The objectives of the Azusa Police Department, in collaboration with Irwindale, are
identifying, arresting and citing illegal street racers, people with illegally modified
vehicles, and DUI violations.
1
The grant funds will reimburse the City for officers that will work this enforcement
program on an overtime basis.
FISCAL IMPACT
The payment(s) of approved reimbursable costs outlined in the MOU are drawn down
from the grant award via the State Controller's Office on a monthly basis, but are
initially borne by the City's general fund.
Irwindale shall pay the Participating Agency for the services rendered within thirty (30)
days of receipt of complete and accurate invoices submitted by the Participating
Agency in a form acceptable by Irwindale's Finance Director. In the event of any
question or discrepancy regarding an officer's invoice, Irwindale shall provide the
Participating Agency with a written statement objecting to the charges within thirty
(30) days of receipt of invoice. The Participating Agency may thereafter respond to
such statement and Irwindale shall consider any such response in making its final
decision on payment of the disputed matter. Payment to Participating Agency shall
be subject to the terms of the Grant and limited to the amounts available to Irwindale
under the Grant. Participating Agency accepts the risk of non-payment for services
rendered herein should Irwindale not receive sufficient funds from the Grant to pay
same.
Prepared by:
Lieutenant John Momot
2
LOS ANGELES COUNTY ILLEGAL STREET RACING AND DUI
ENFORCEMENT MEMORANDUM OF UNDERSTANDING
This LOS ANGELES COUNTY ILLEGAL STREET RACING AND DUI
ENFORCEMENT MEMORANDUM OF UNDERSTANDING ("Agreement") is made
and entered into this 17th day of March, 2008, by and between, the City of Irwindale,
through its Irwindale Police Department (""Irwindale") and the City of Azusa, through its
Police Department ("Participating Agency").
RECITALS
A. Irwindale has secured a grant("Grant") from the California Office of
Traffic Safety ("OTS") to conduct 8 Illegal Street Racing enforcement operations and
driving under the influence ("DUI") enforcement between October 1, 2007 and June 30,
2010 ("Program").
B. The Grant allows Irwindale to reimburse designated police agencies that
participate in the Program for up to 12 officers, working each of the 8 enforcement
operations for 8 hours on an overtime basis (150% of their hourly rate).
C. The parties wish to enter into this Agreement to take advantage of the
Grant, subject to the rights and limits of the Grant, as administered through Irwindale.
NOW, THEREFORE, Irwindale and Participating Agency, for the consideration
hereinafter described, mutually agree as follows:
1. SCOPE OF SERVICES. Up to twelve (12)patrol/traffic officers from the
Participating Agency may participate in eight(8) Los Angeles County Illegal Street
Racing enforcement operations and DUI enforcement until the termination of the Grant,
June 30, 2010, with members of other Los Angeles County Law Enforcement Agencies
for the primary purpose of identifying, arresting and citing illegal street racers, people
with illegally modified vehicles, and DUI violations. The parties understand that
Participating Agency's patrol/traffic officers will provide the services herein on an
overtime basis. Each deployment shall be for a maximum of eight (8) hours. The
services provided by Participating Agency under this Agreement shall comply with and
be subject to all terms and limitations in the Grant and OTS. Participating Agency
acknowledges and agrees that it has read the Grant and will abide by its terms in
providing the services hereunder.
2. PERIOD OF PERFORMANCE This Agreement is to commence on October
1, 2007 and shall conclude on June 30, 2010, unless terminated by either party with or
without cause by giving at least thirty days written notice to the respective party and
specifying the effective date thereof.
3. ALLOWABLE COSTS AND PAYMENTS
1
A. Allowable Costs. The Participating Agency shall bill for services
rendered at its Police Department's overtime rate of$79.71 per hour for Sergeants,
$69.65 per hour for Corporal, and $67.37 per hour for Patrol Officers.
B. Pa ents. Payment to the Participating Agency for services rendered
under the terms of this Agreement shall be limited to the agreed-upon amount of
compensation for overtime services described in Section 3.A above. Irwindale shall pay
the Participating Agency for the services rendered within thirty(30) days of receipt of
complete and accurate invoices submitted by the Participating Agency in a form
acceptable by Irwindale's Finance Director. In the event of any question or discrepancy
regarding an officer's invoice, Irwindale shall provide the Participating Agency with a
written statement objecting to the charges within thirty(30) days of receipt of invoice.
Participating Agency may thereafter respond to such statement and Irwindale shall
consider any such response in making its final decision on payment of the disputed
matter. Payment to Participating Agency shall be subject to the terms of the Grant and
limited to the amounts available to Irwindale under the Grant. Participating Agency
accepts the risk of non-payment for services rendered herein should Irwindale not receive
sufficient funds from the Grant to pay same.
4. INDEMNIFICATION In accordance with Sections 895 through 895.8 of the
California Government Code, each party hereby assumes the liability imposed on it, its
officials, and employees for injury (as defined in Section 810 of the Government Code)
caused by a negligent or wrongful act or omission occurring in performance of each
party's duties hereunder to the same extent that such liability would be imposed on the
absence of these Sections of the Government Code. To that end, each party shall defend,
indemnify and hold harmless the other party for any claim, demand, cause of action, loss,
liability, damage, cost, or expense that may be imposed on such party solely by virtue of
Section 895.2 of the Government Code.
5. GOVERNING LAW This Agreement shall be interpreted and construed
according to the laws of the State of California.
6. ENTIRE AGREEMENT This Agreement contains the entire understanding
between Irwindale and the Participating Agency. Any prior agreements, promises,
negotiations or representations not expressly set forth herein are of no force or effect.
Subsequent modifications to this Agreement shall be effective only if in writing and
signed by both parties.
8. NOTICES. Formal notices, communications and demands for payment shall be
made in writing and faxed to Irwindale at the following number:
Lt. Robert Barnes
5050 N. Irwindale Ave.
Irwindale, CA 91706
Phone: (626) 430-2245
Fax to: (626) 430-2282
2
Formal notices and communications shall be mailed to the Participating Agency at the
following address:
Attn: Captain Gene Street
Azusa Police Department
725 N. Alameda Street
Azusa, CA 91702
Office 626-812-3297
FAX 626-334-6843
IN WITNESS WHEREOF, the Participating Agency and Irwindale have caused this
Agreement to be executed and attested by their respective officers duly authorized as of
the date set forth above.
"IRWINDALE"
THE CITY OF IRWINDALE
By:
Its: City Manager
ATTEST:
By:
Its: Deputy City Clerk
APPROVED AS TO FORM:
By:
Its: City Attorney
"PARTICIPATING AGENCY"
THE CITY OF
By:
Its:
ATTEST:
By:
Its: City Clerk
APPROVED AS TO FORM:
By:
Its: City Attorney
3
flEll
U _
.s
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT B. GARCIA, CHIEF OF POLICE
VIA: F.M. DELACH, CITY MANAGERAA4
DATE: FEBRUARY 19, 2008
SUBJECT: PURCHASE OF DISPATCH FURNITURE (FOUR WORKSTATIONS)
RECOMMENDATIONS
It is recommended that the City Council approve the purchase of dispatch furniture
for four (4) workstations from Xybix Systems in an amount not to exceed $45,244.79.
It is further recommended the City Council approve this purchase based on a
competitive bid process completed by the City of La Mirada (Purchase Order #1856)
where dispatch furniture was purchased for the La Mirada Community Sheriff's
Station. This "piggyback" purchase is authorized by AMC Section 2-523(E) when the
competitive bid process has already been completed.
BACKGROUND
The dispatch furniture currently utilized for the four workstations in the Police
Department's Communication Center are 10 years old and in need of replacement.
These work stations are worn-out from their 24/7 use and many ergonomic
components are inoperable (e.g. adjustable height work surfaces and keyboard trays).
Moreover, Xybix Systems offers improved cable management systems and ergonomic
components.(i.e. adjustable monitor placement or "Roller Vision" and desk top data
docking ports). This furniture procurement will improve the working conditions for our
public safety dispatchers and enhance their efficiency with the more "user friendly"
furniture design and components.
1
FISCAL IMPACT
Adequate funds are available under General Fund account #10-20-310-000-7150,
Office Furniture and Equipment for this purchase.
Prepared by:
Joyce Gurbada, Communications Supervisor
Sam Gonzalez, Captain
2
r.
7a
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES
VIA: F. M. DELACH, CITY MANAGER A"1AAD
DATE: FEBRUARY 19, 2008 ��!!
SUBJECT: NEW CLASS SPECIFICATION - LIBRARY CIRCULATION SUPERVISOR
RECOMMENDATION:
The Personnel Board recommends, pursuant to the City of Azusa Civil Service Rules
Section 3.3 and 3.7, that the City Council approve and adopt the salary, title and class
specification outlining the duties of the new job classification of Library Circulation
Supervisor. (There will be a concomitant reduction in one Library Assistant III position.)
BACKGROUND:
The proposed reclassification is in line with the recommendations contained in the
recently completed management audit of the Library.
Currently, there are four Library Assistant 111 positions. After a careful review and
analysis, it was found that the actual duties, responsibilities, and scope of the existing
Library Assistant III assigned to circulation have significant supervisory requirements.
These can be easily distinguished by comparison to the other Library Assistant 111
positions in the Library Department. The function of supervision was found to be the
most distinguishable responsibility. As a result, it is the Department Head's
recommendation to create a new position entitled Library Circulation Supervisor to
more accurately reflect the actual duties of this position and to compensate for the
increased responsibility. This change will give appropriate recognition as a division
head within the Library Department. Furthermore, this change would allow the Library
Circulation Supervisor to supervise those in a Library Assistant III category as the need
arises.
The proposed monthly salary range for this position is 7% above the Library Assistant
III position at.salary range 4167, which is:
Step 1 $3,512.48
Step 2 $3,688.10
Step 3 $ 3,872.51
Step 4 $4,066.13
Step 5 $4,269.44
Page 2 of 4
January 22, 2008
Personnel Board
Subject: New Class Specification—Library Circulation Supervisor
The classification has a community of interest with ACEA and the benefits for this
classification will be tied to the benefits provided to Azusa City Employees Association
(ACEA).
The recruitment will be conducted through a promotional examination process open
only to existing city personnel. This change will become effective upon approval of the
City Council.
FISCAL IMPACT
Funds are available in the Library Department Fiscal 2007-2008 budget to fund this
new position. The Library Director will reflect the new salary in the department's FY
2008/09 budget proposal.
Date Adopted:02-19-08
Class Code: 0000
CITY OF AZUSA
Library Circulation Supervisor
DEFINITION:
Plan, organize, supervise and coordinate all activities connected with the circulation of
library materials, including patron registration, check-in, check-out, shelving, reserves,
renewals, overdue notification, and the collection of delinquent accounts.
CLASS CHARACTERISTICS:
This classification is a supervisory position reportable to the library director or to the
Assistant City Librarian.
ESSENTIAL FUNCTIONS:
The following tasks are essential for this position. Incumbents in this classification
may not perform all of these tasks, or may perform similar related tasks not listed
here.
1 . Oversee the daily operation of the library's circulation desk.
2. Participate in checking out library materials to patrons; check-in and prepare
materials for return to the circulation collection; register new patrons, collect
overdue fines.
3. Recommend new circulation policies and procedures and is responsible for
effective and uniform service to the public at the circulation desk area.
4. Establish performance objectives, reviews and evaluates employee job
performance, and recommends appropriate personnel action.
5. Plan, organize, and delegate work to staff at the circulation desk.
6. Supervise and train staff at the circulation desk.
7. Supervise the maintenance of the library stacks.
8. Resolve patron problems and complaints.
9. Promotes good public relations for the library.
10.Collect data and other statistics necessary for preparation of the State Library's
annual survey.
1 I .Conduct regular meetings with part-time staff.
12.Prepare management reports and presentations.
13.May conduct inter-library loan searches and maintain inter-library loan files.
14.Attend business or committee meetings for the local library cooperative system
(MCLS).
15.Perform other related duties as assigned.
QUALIFICATIONS GUIDELINES:
Education and/or Experience:
Any combination equivalent to training and experience that could likely provide the
required knowledge, skills and abilities would be qualifying. A typical way to obtain the
knowledge, skills and abilities would be the equivalent to an Associate of Arts degree
from an accredited community college with major course work in library science,
public administration or related field; four years of increasingly responsible experience
providing library services in a public library setting, including one year of administrative
and supervisory responsibility. Completion of a community college library technician
program is highly desirable.
Knowled¢e, Skills &Abilities:
• Supervise, plan and coordinate the circulation services of the library.
• Develop, implement and administer goals, objectives, and procedures for
providing effective and efficient circulation services.
• Prepare clear and concise reports.
• Select, supervise, train and evaluate staff.
• Respond to requests and inquiries from the general public.
• Work independently in the absence of supervision.
• Understand and follow oral and written instructions.
• Communicate clearly and concisely, both orally and in writing.
• Requires vision (which may be corrected) to read small print.
• Requires the mobility to stand, stoop, reach and bend.
• Requires mobility of arms to reach and dexterity of hands to grasp and
manipulate small objects.
• Requires the ability to stand for long periods.
• Library environment; work closely with the public; work with computer and
office equipment.
• May be required to use personal vehicle in the course of employment.
• May be required to attend periodic evening meetings and /or travel within and
out of City boundaries to attend meetings.
• May be required to work evenings or weekends.
• Ability to lift, push, and/or pull items which do not exceed 25 pounds.
�J
CONSENT ITEM
' TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: F. M. DELACH, CITY MANAGER/#,/
DATE: FEBRUARY 19, 2008
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR INTERIM HUMAN
RESOURCES DIRECTOR-PERSONNEL OFFICER SERVICES
RECOMMENDATION:
It is recommended that the City Council approve amending attached agreement for Interim Human
Resources Director — Personnel Officer services for the City of Azusa.
BACKGROUND:
Catherine Hanson, Human Resources Director — Personnel Officer resigned her position with the
City of Azusa effective July 2, 2007.
In order to maintain continuity of service in a critical area experiencing a high level of activity, the
services of an interim Director are needed. Mr. Kermit Francis, with over 30 years of experience in
Human Relations and Risk Management (previously as Director in Santa Ana, Pasadena, and
Arcadia) has been filling this role since July as the search for a new, permanent Director continues.
The search for a permanent Director is ongoing and Mr. Francis' skills are still required. The initial
rate of pay for Mr. Francis' services was established over 8 months ago. In light of the passage of
time and Mr. Francis' willingness to continue to defer seeking other opportunities, Staff is
requesting that the agreement with Mr. Francis be amended increase the compensation to $80 per
hour until a permanent Director can be recruited and hired.
FISCAL IMPACT:
Costs are offset by budgeted salary savings within the current budget.
ATTACHMENTS:
Services Agreement.
AMENDED PROPOSAL FOR SERVICES
AND
AGREEMENT
THIS AMENDED REQUEST FOR SERVICES AND AGREEMENT is made
and entered into effective as of the i9`h day of February, 2008, by and between the CITY
OF AZUSA, a municipal corporation, hereinafter referred to as CITY, and KERMIT L.
FRANCIS, of KLF CONSULTING, 1220 Oakwood Drive, Arcadia, California,
hereinafter referred to as "CONSULTANT".
WITNESSETH:
For and in consideration of the promises and of the mutual covenants and
agreements herein contained, said parties hereby agree as follows:
1. RECITALS. This Proposal for Services and Agreement (hereinafter
referred to as the "Agreement") is made and entered into with respect to the following
facts:
A. The CITY's position of Director of Human Resources is vacant;
and,
B. In the interim, it is necessary for the CITY to fill the position on a
temporary basis so that the level of service of this most important
department is maintained; and,
C. That CONSULTANT is qualified to provide those Personnel and
Risk Management services to the CITY necessary to fill, on an
interim basis, the position of DIRECTOR OF HUMAN
RESOURCES for the CITY, and, therefore, the City of Azusa City
Council has elected to engage the services of CONSULTANT
upon the terms and conditions hereinafter set forth.
2. SERVICES. CONSULTANT shall perform those services as specified in
the City of Azusa Code, CITY ordinances and resolutions, State and Federal law, and
assigned by the City Manager for the position of DIRECTOR OF HUMAN
RESOURCES, of the City, hereinafter referred to collectively as SERVICES.
Performance of such SERVICES is made an obligation of CONSULTANT under
this Agreement, subject to any changes made subsequently upon the mutual written
agreement of the parties.
. 3. SCOPE. The services to be performed by CONSULTANT under this
Agreement shall include, but not be limited to, those SERVICES specified in Paragraph
2, hereof.
1
4. TERM &FEE.
A. Term. Subject to the termination provisions in Paragraph 8., the
term of this Agreement shall commence on July 17, 2007, and
continue until a permanent Human Resources Director is hired.
The CITY may revise said Agreement with the consent of
CONSULTANT by written amendment to this Agreement.
B. Fee. Compensation to CONSULTANT for the total SERVICES to
be rendered pursuant to this agreement shall be at the rate of
eighty dollars ($80.00)per hour for approximately thirty (30) hours
per week with the scheduling of such hours to be at the sole
discretion of the City of Azusa. hi addition, CONSULTANT will
attend Personnel Commission and Council meetings and study
sessions as requested by the City Manager.
5. EXTRA SERVICES. No extra services hall be rendered by
CONSULTANT under this agreement unless such extra services first shall have been
authorized, in writing,by the CITY. Any such services so authorized shall be paid by the
CITY at the hourly rate set forth in Paragraph 4 hereof.
6. PAYMENT BY CITY. The billings for all services rendered pursuant to
this Agreement shall be submitted bi-weekly to CITY by CONSULTANT, and shall be
paid by CITY within seven (7) days after receipt of same.
7. CITY_OVERSIGHT. The City Manager of CITY, or his/her designee,
shall have the right of general oversight of all work performed by CONSULTANT, and
shall be the CITY's agent with respect to obtaining CONSULTANT'S compliance
hereunder. No payment for any services rendered under this Agreement shall be made
without the prior approval of the City Manager of CITY, or his/her designee.
8. TERMINATION OF AGREEMENT. Either party hereto shall have the
right to terminate this Agreement upon giving, in advance, a ten(10) day written notice
of such termination to the other.
9. INDEPENDENT CONTRACTOR. CONSULTANT shall act as an
independent contractor in the performance of the services provided for in this Agreement
and shall furnish such services in CONSULTANT'S own manner and method, and, in no
respect, shall CONSULTANT be considered an employee of the CITY.
10. ' NON-ASSIGNMENT. This Agreement may not be assigned, either in
whole or in part, by CONSULTANT without the written consent of CITY.
11, INDEMNIFICATION. CONSULTANT hereby represents that he is
skilled in the professional calling necessary to perform the services and duties agreed to
hereunder by CONSULTANT, and the City relies upon such skills and knowledge of the
CONSULTANT. CONSULTANT shall perform such services and duties consistent with
2
the standards generally recognized as being employed by professionals of consultant's
caliber in the State of California. CITY will defend and indemnify CONSULTANT to
the extent permitted by law.
12. WAIVER. Waiver by any party hereto of any term, condition, or
covenant of this Agreement shall not constitute the waiver of any other term, condition or
covenant hereof
13. ATTORNEYS' FEES. If litigation is reasonably required to enforce or
interpret the provisions of this Agreement, the prevailing party in such litigation shall be
entitled to an award of reasonable attorneys' fees, in addition to any other relief to which
it may be entitled.
14. BINDING EFFECT. This agreement shall be binding upon the heirs,
executors, administrators, successors, and assigns of the parties hereto.
15. PROVISIONAL . CUMULATIVE. The provisions of this Agreement are
cumulative and in addition to any not in limitation of any rights or remedies available to
CITY.
16. NO PRESUMPTION RE DRAFTER. The parties acknowledge and agree
that the terms and provisions of this Agreement have been negotiated and discussed
between the parties and their attorneys, and this Agreement reflects their mutual
agreement regarding the same. Because of the nature of such negotiations and
discussions it would be inappropriate to deem any party to be the drafter of this
Agreement, and, therefore, no presumption for or against validity or as to any
interpretation hereof, based upon the identity of this drafter, shall be applicable in
interpreting or enforcing this Agreement.
17. ASSISTANCE OF COUNSEL. Each party to this Agreement, warrants to
each other party as follows:
A. That each party had the assistant of counsel or had counsel
available to it, in the negotiation for, and execution of, this
Agreement and any related document; and,
B. That each party has lawfully authorized the execution of this
Agreement.
18. MODIFICATION. This Agreement shall not be modified except by
written agreement of the parties.
19. GOVERNING LAW. This Agreement shall be interpreted and construed
according to the laws of the State of California.
20. CONTERPARTS. This agreement may be executed in counterparts.
21. NOTICE. Whenever it shall be necessary for either party to serve notice
on the other regarding this Agreement, such notice may be furnished in writing by either
3
party to the other and shall be served by personal service as required in judicial
proceedings or by certified mail, postage prepaid, return receipt requested, addressed to
the parties as follows:
City: Francis M. Delach Consultant: KLF Consulting
City Manager Kermit L. Francis
City of Azusa 1220 Oakwood Drive
213 E. Foothill Blvd. Arcadia, CA 91006
Azusa, CA 91702
22. FORCE MAJEURE. Neither party shall be responsible for delays or
failures in performance resulting from acts beyond the control of the offending party.
Such acts shall include, but not be limited to, acts of God, fire, flood, earthquake, or other
natural disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated
utility, or government statures or regulation superimposed after the fact.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the 19`h day of February, 2008, by their respective offices duly authorized in
that behalf.
CITY OF AZUSA
A Municipal Corporation
By
Francis M. Delach
City Manager
CONSULTANT
Kermit L. Francis
KLF Consulting
APPROVED AS TO FORM:
Best Best &Krieger, LLP
City Attorney
4
U
. tipOR�`r
AGENCY AGENDA ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD 6,
,
FROM:
BRUCE COLEMAN ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR
VIA: F. M. DELACH, EXECUTIVE DIRECTOR )^�
DATE: FEBRUARY 19, 2008
SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING THE PRELIMINARY PLAN FORMULATED
FOR THE AMENDMENT TO THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END
REDEVELOPMENT PROJECT AREA
RECOMMENDATION
Agency staff recommends that the Agency Board of Directors adopt the Resolution approving the Preliminary
Plan and authorizing the transmittal of the Preliminary Plan pursuant to Health and Safety Code Section 33327
of the California Community Redevelopment Law ("CRL").
BACKGROUND
The Redevelopment Agency of the City of Azusa ("Agency") is charged with the responsibility of promoting the
continued revitalization of the Merged Central Business District and West End Redevelopment Project Area
("Project Area"). Since the inception of the Project Area, the Agency implemented redevelopment activities to
encourage reinvestment within the Project Area; however, despite the best efforts of the Agency, blighting
conditions remain in the Project Area.
The Agency initiated redevelopment plan amendment actions ("Amendment") by adopting Resolution No. 08-
C3 on January 7, 2008, which established a survey area for the study of those areas to be added to the Project
Area ("Added Area"). The survey area resolution directed the Planning Commission of the City of Azusa
("Planning Commission") to prepare the Preliminary Plan for the Amendment and consider increasing the tax
increment limit for the Project Area. The Planning Commission adopted Resolution No. 2008-01 on January
30, 2008, approving the Preliminary Plan and transmitting the Preliminary Plan to the Agency for its
consideration.
The tax increment cap is the total amount of tax increment dollars the Agency may receive during the life of
the Redevelopment Plan. The current maximum net tax increment the Agency can collect is $114.9 million,
which was authorized in 2003. At present, with the anticipated growth in values within the Project Area, the
maximum tax increment cap will be exceeded by fiscal year 2020/21. This additional growth will only serve to
increase the rate at which the tax increment cap will be met. If the cap is not increased, the Agency will not
realize any tax increment for the remainder of the life of the plan, which ends in calendar year 2036. It also
limits the Agency's ability to issue bonds. At present, the projected loss in available funding to the Agency is
$97 million dollars.
Documentation to demonstrate the need for a tax increment cap increase will include economic and financial
analyses, a feasibility study and tax increment projections,the preparation of base maps for the recordation of
Page 2 of 2
February 19, 2008 .p
The Honorable Chairman and Members of the Agency Board -
Re: Consideration of a Resolution Approving the Preliminary Plan Formulated for the Amendment to the Merged Central
Business District and West End Redevelopment Project Area
blight, and an analysis of urbanization. This analysis will come before the Agency Board at a later time.
The Preliminary Plan is a brief document that establishes precise boundaries of the Added Area and serves as
the basic framework for preparation of the Amendment, which includes amendment actions that will re-
authorize eminent domain over certain parcels and increase the tax increment limit for the Project Area
("Amendment"). Pursuant to the CRL, the Preliminary Plan includes:
(1) a description of the proposed boundaries;
(2) a description of the layout of principal streets;
(3) a general statement of the land uses, population densities, building intensities, and standards
proposed for the redevelopment of the Added Area;
(4) a statement that the proposed Redevelopment Plan would conform to the City's General Plan;
(3) a statement as to how the project will attain the purposes of the CRL; and
(6) a general description of the impact of the project upon area residents and the surrounding
community.
The Added Area consists of approximately 15.1 acres of land with the following zoning: Downtown Town
Center, Downtown Transit Village, Downtown Civic Center, Recreation, Corridor South Azusa Avenue, and
Neighborhood General 2 and 3. The proposed Added Area, depicted in Exhibits A and B of the Preliminary
Plan, is contained within three distinct areas as follows:
Added Area portion 1 : is generally located at the southwest corner of 9th Street and Pasadena Avenue.
Added Area portion 2: is generally bounded by 1) the properties on the east side of Dalton Ave. between
Foothill Blvd. on the south and the Metro Gold Line Construction Authority right-of-way on the north (railroad
tracks); and 2) commercial properties on the south side of Foothill Blvd. from the southeast corner of Alameda
Ave. and Foothill Blvd. to the property at the southeast corner of Dalton Ave. and Foothill Blvd.
Added Area portion 3: is generally located at the southwest and northwest corners of Paramount Street and
Azusa Avenue and the east side of Azusa Avenue at Paramount Street extending south to the Los Angeles
County Flood Control Channel. This area is commonly known as the gateway area of Azusa.
The Amendment also proposes to re-authorize eminent domain powers over two commercial properties along
Foothill Boulevard in the West End Project: Assessor Parcel Numbers 8616-001-415 and 8616-001-022.
Upon approval of the Preliminary Plan, the Agency must authorize staff to make the appropriate transmittals
to taxing entities and other parties pursuant to Section 33327 of the CRL.
FISCAL IMPACT
This recommended action has no fiscal impact. However, by proceeding with amending the tax increment
cap, the Agency may realize in excess of$97 million dollars in tax increment revenues it would not otherwise
receive due to the current tax increment cap.
EXHIBITS:
A. A Resolution of the Redevelopment Agency of the City of Azusa Board of Directors Approving the Preliminary Plan Formulated for the
Amendment to the Merged Central Business District and West End Redevelopment Project Area and Authorizing Transmittal of the
.Preliminary Plan Pursuant to Health And Safety Code Section 33327
B. Preliminary Plan For The Amendment To The Merged Central Business District and West End Project Area
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA BOARD
OF DIRECTORS APPROVING THE PRELIMINARY PLAN FORMULATED FOR THE
AMENDMENT TO THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END
REDEVELOPMENT PROJECT AREA AND AUTHORIZING TRANSMITTAL OF THE
PRELIMINARY PLAN PURSUANT TO HEALTH AND SAFETY CODE SECTION 33327
WHEREAS, the Redevelopment Agency of the City of Azusa is authorized by the
Community Redevelopment Law, Health 8. Safety Code Sections 33000 et sect•
("CRL") to undertake redevelopment amendments to address blighting conditions in
the City and within the boundaries of the Merged Central Business District and West
End Redevelopment Project Area ("Project Area").
WHEREAS, the Agency adopted Resolution No. 08-C3 establishing a survey
area for the study of areas to be added to the Project Area ("Added Area").
WHEREAS, the City of Azusa Planning Commission ("Planning Commission")
worked in cooperation with the Agency to prepare the Preliminary Plan pursuant to
the CRL, which will serve as a basis for the Amendment to the Project Area, and
establish the boundaries of the Added Area.
WHEREAS, the Planning Commission found that the Preliminary Plan was in
conformance with the General Plan.
WHEREAS, the Planning Commission approved the Preliminary Plan at its
meeting on January 30, 2008, and authorized transmittal of the Preliminary Plan to the
Agency.
WHEREAS, the Preliminary Plan has been formulated and received as submitted
herewith for the Agency's approval.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the
Redevelopment Agency of the City of Azusa as follows:
SECTION 1 . The Agency hereby approves the Preliminary Plan, which selects
and establishes the boundaries of the Added Area as designated in the Preliminary
Plan.
SECTION 2. The Agency hereby accepts the proposed amendment actions
identified in the Preliminary Plan and authorizes staff to continue analysis of the
amendment actions and document all findings pursuant to the CRL.
SECTION 3. The Agency hereby authorizes staff to make such transmittals as
may be required pursuant to Section 33327 of the CRL.
_ 1 _
h_
PASSED, APPROVED AND ADOPTED this 19" day of February, 2008.
Chairperson
I HEREBY CERTIFY that the foregoing Resolution No. was duly
adopted by the Board of Directors of the City of Azusa Redevelopment Agency, at a
regular meeting hereof, held on the 19`" day of February, 2008, by the following vote
of the Board.
AYES: DIRECTORS:
NOES: DIRECTORS
ABSTAIN: DIRECTORS
ABSENT: DIRECTORS
Agency Secretary
- 2 -
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Merged Central Business District and West End
Redevelopment Project Area
Preliminary Plan for the Amendment to the
Redevelopment Plan
Redevelopment Agency of the City of Azusa
213 East Foothill Boulevard
Azusa, California 91702-1395
Tierra West Advisors, Inc.
Real Estate and Redevelopment Consultants
1 6 8 A n n a n d a l e R o a d , P a s a d e n a , C a I i P o i n i a 9 1 1 0 5
Preliminary Plan
Merged Central Business District and West End Project—Azusa Redevelopment Agency
TABLE OF CONTENTS
I. INTRODUCTION I
Il. PROJECT AREA LOCATION AND DESCRIPTION 1
11I. GENERAL STATEMENT OF PROPOSED PLANNING ELEMENTS 3
A. Land Uses 3
B. General Statement of Proposed Layout of Principal Streets 3
C. General Statement of Proposed Population Densities 4
D. General Statement of Proposed Building Intensities 4
E. General Statement of Proposed Building Standards 4
1V. ATTAINMENT OF THE PURPOSES OF THE LAW 4
V. CONFORMANCE TO THE GENERAL PLAN OF THE CITY 5
Vl. GENERAL IMPACT OF THE PROPOSED PROJECT UPON THE
RESIDENTS OF THE PROJECT AREA AND SURROUNDING
NEIGHBORHOODS 5
Exhibit A: Added Area North Portion 7
Exhibit B: Added Area South Portion g
TIERRA WEST ADVISORS,INC. TABLE OF CONTENTS
Preliminary Plan
Merged Central Business District and West End Project—Azusa Redevelopment Agency
1. INTRODUCTION
This document is the Preliminary Plan ("Plan") for the amendment to add
territory, re-instate eminent domain over certain parcels and increase the tax
increment limit to the Redevelopment Plan for the Merged Central Business
District and West End Redevelopment Project Area ("Project Area"). This Plan
has been prepared for the Redevelopment Agency of the City of Azusa
("Agency"), on behalf of the Azusa Planning Commission ("Planning
Commission"), pursuant to the California Community Redevelopment Law
("CRL") and all applicable laws and local ordinances. The Plan's purpose is to
designate the boundaries and to provide a general description of the proposed
area to be added to the Project Area, located in the City of Azusa ("City').
This Plan has been prepared in accordance with Section 33324 of the CRL which
states that the Plan should:
(a) Describe the boundaries of the Project Area;
(b) Contain a general statement of land uses and of the layout of
principal streets, population densities, building intensities and
standards proposed as the basis for the redevelopment of the
project area;
(c) Show how the purpose of the Law would be attained by
redevelopment;
(d) Show how the redevelopment pursuant to the Preliminary Plan is
consistent with the community's General Plan; and
(e) Describe, generally, the impact of the Plan upon residents of the
project area and surrounding neighborhoods.
IL PROJECT AREA LOCATION AND DESCRIPTION
Exhibits A and B, which are enclosed at the end of this Plan, depict the
boundaries of the areas ("Added Area") proposed for inclusion in the Project
Area. The proposed Added Area consists of three separate areas as follows:
1. The first area being considered for inclusion in the Project Area
comprises approximately 1 .8 acres on 3 separate parcels of Downtown
Transit Village zoned properties in the north portion of the Added Area
TIERRA WEST ADVISORS,INC. 1
Preliminary Plan
Merged Central Business District and West End Project—Azusa Redevelopment Agency
(Exhibit A). This section of the Added Area is generally located at the
southwest corner of 9th Street and Pasadena Avenue, and consists of
the following Assessor Parcel Numbers:
8608-028-001 8608-028-010 8608-028-909
2. The second area being considered for inclusion in the Project Area
comprises approximately 5.1 acres on 19 separate parcels of Downtown
Civic Center, Downtown Town Center, and Neighborhood General 2 —
Moderate Density Residential zoned properties in the north portion of the
Added Area (Exhibit A). This section of the Added Area is generally
bounded by the properties on the east side of Dalton Avenue between
Foothill Boulevard on the south and the Metro Gold Line Construction
Authority right-of-way on the north, commercial properties on the south
side of Foothill Boulevard from the southeast corner of Alameda Avenue
and Foothill Boulevard to the property at the southeast corner of Dalton
Avenue and Foothill Boulevard, and consists of the following Assessor
Parcel Numbers:
8608-028-901 8608-028-903 8608-028-905
8608-029-910 8608-029-900 8608-029-901
8608-029-903 8608-029-904 8608-029-906
8608-029-907 8608-029-908 8608-029-909
8611-001-048 8611-002-001 8611-002-010
8611-002-034 8611-002-035 8611-002-039
8611-002-041
3. The third area being considered for inclusion in the Project Area ("Added
Area Portion 3") comprises approximately 8.2 acres and 11 separate
parcels of Corridor South Azusa and Neighborhood General 3 —
Recreation zoned properties in the south portion of the Added Area
(Exhibit B). This section of the Added Area is generally bounded by the
210 freeway on the north, Azusa Avenueon the east, the Los Angeles
County Flood Control Channel on the south and San Gabriel Place on
the west, and consists of the following Assessor Parcel Numbers:
8613-024-023 8613-024-024 8614-014-054
8614-014-057 8614-014-058 8614-014-917
8614-015-027 8614-015-028 8614-015-900
8614-016-908 8614-016-910
The Added Area is predominantly urbanized pursuant to Section 33320.1 of the
CRL. Existing development includes retail-commercial, office, and governmental
TIERRA WEST ADVISORS,INC. - 2
Preliminary Plan
Merged Central Business District and West End Project—Azusa Redevelopment Agency
and industrial uses. Physical and economic blighting conditions that will be
addressed through redevelopment include structural deterioration, substandard
design, lack of parking, incompatible adjacent uses, depreciated/stagnant
property values, impaired investments, and inadequate public improvements.
111111. GENERAL STATEMENT OF PROPOSED PLANNING
ELEMENTS
As a basis for the redevelopment of the Added Area, the permitted uses will be in
conformance with the City of Azusa General Plan ("General Plan"), as it exists
now, and as it may be amended hereafter. The redevelopment plan for those
properties included in the Added Area will also conform to any applicable state,
county, and local codes and guidelines.
A. Land Uses
Within the Added Area, land uses shall be those permitted by the General
Plan. Among the permitted uses are:
• Mixed Use
City Offices/Library/Governmental
Vacant
• Multi-Tenant Building
• Commercial Services
B. General Statement of Proposed Layout of Principal Streets
The principal streets within or adjacent to the Project Area are shown on
Exhibits A and B. In general, these include:
East-West Streets: gth Street, Foothill Boulevard, Grandview Drive and
Paramount Street
North-South Streets: Alameda Avenue, Azusa Avenue, Dalton Avenue,
Pasadena Avenue and San Gabriel Avenue
See the attached Preliminary Plan Maps, Exhibits A and B, for the specific
boundaries and street layout. The layout of principal streets and those
that may be developed in the future shall conform to the Circulation
Element of the General Plan as currently adopted or hereafter amended.
TIERRA WEST ADVISORS,INC. 3
Preliminary Plan
Merged Central Business District and West End Project—Azusa Redevelopment Agency
Existing streets within the Added Area may be widened or otherwise
modified and additional streets may be created as necessary for proper
pedestrian and/or vehicular circulation.
C. General Statement of Proposed Population Densities
Permitted densities within the Added Area shall conform to the General
Plan and Zoning Ordinance, and as currently adopted or as hereafter
amended, and other applicable codes and ordinances. This Plan and the
Added Area do not propose any changes to population densities,
development densities or land use designations.
D. General Statement of Proposed Building Intensities
The General Plan sets forth the maximum permitted development
intensities for the different land use categories. The limits on building
intensity shall be established in accordance with the provisions of the
General Plan as they now exist or are hereafter amended. This Plan and
the Added Area do not propose any changes to population densities, land
use designations, or building intensities.
E. General Statement of Proposed Building Standards
Building standards shall conform to the requirements of applicable building
codes and ordinances within the Added Area.
IV. ATTAINMENT OF THE PURPOSES OF THE LAW
Selection of the Added Area boundaries was guided by the existence of blight, as
defined by the CRL. Redevelopment of the Added Area would attain the
purposes of the CRL by alleviating blighting conditions that the private sector
and/or other agencies of government, acting alone, cannot remedy. Among the
blighting conditions existing in the Added Area are the following:
Defective design;
• Substandard design;
Declining or stagnant property values;
Incompatible adjacent uses;
• Low lease rates; and
• Impaired investments.
TIERRA WEST ADVISORS,INC. 4
Preliminary Plan
Merged Central Business District and West End Project—Azusa Redevelopment Agency
The purposes of the CRL would be attained through, among other things: (1) the
elimination of blighting influences such as incompatible land uses, deteriorated
exterior building materials creating unsafe building conditions, and inadequate
public improvements; (2) the assemblage of land into parcels suitable for modern
integrated development with improved pedestrian and vehicular circulation; (3)
the replanning, redesign and development of underdeveloped areas, which are
stagnant or improperly utilized; and (4) the participation of owners and tenants in
the revitalization of their properties.
Redevelopment of the Added Area would also attain the purposes of the CRL by
re-instating eminent domain authority on two commercial properties along
Foothill Boulevard in the West End Project - Assessor Parcel Numbers 8616-
001-415 and 8616-001-022, and increasing the tax increment limit for the
Redevelopment Plan. The plan amendment actions will stimulate construction
activity, increase employment opportunities and assist the Agency in undertaking
revitalization activities in the Project Area and the Added Area.
V. CONFORMANCE TO THE GENERAL PLAN OF THE CITY
This Plan conforms to the General Plan. It proposes land uses compatible with
permitted uses under the General Plan, and will encourage more retail services
and commercial uses. All roadways and public facilities would conform to the
General Plan.
VI. GENERAL IMPACT OF THE PROPOSED PROJECT UPON THE
RESIDENTS OF THE PROJECT AREA AND SURROUNDING
NEIGHBORHOODS
The impact of the Proposed Plan upon existing residential uses surrounding the
Added Area will generally be in the areas of improved living environment and
economic activity. It is the desire of the City to focus on improving commercial
properties. The Added Area does not include any residential uses and the
Redevelopment Plan for the Project Area does not give authority to the Agency
to acquire any lawfully occupied residences, both owner-occupied and rental,
through the use of eminent domain unless requested by the property owner.
This eminent domain policy will pertain to the Added Area and the non-residential
parcels that will be subject to eminent domain authority through the adoption of
the ordinance for this redevelopment plan amendment process. If, during the
course of Agency activities, a displacement were to occur, pursuant to the CRL,
the Agency will be responsible for relocation and all other forms of compensation
and assistance required by the CRL.
TIERRA WEST ADVISORS,INC. 5
Preliminary Plan
Merged Central Business District and West End Project—Azusa Redevelopment Agency
It is anticipated that the redevelopment activities that will be accomplished in the
Added Area will be positive. This Plan is intended to address and rectify adverse
conditions within the Added Area. Further, the environmental review process will
identify any adverse environmental impacts with mitigation measures identified to
address specific impacts. All of these aspects would be addressed in the next
step of the redevelopment plan amendment process leading to an amended and
restated Redevelopment Plan.
The amended and restated Redevelopment Plan that will be produced for this
redevelopment plan amendment process will be subject to future review and
approval by the City Council, Agency Board, Planning Commission, and other
appropriate bodies after input from affected property owners, business owners,
residents, and other interested parties is received through a public hearing.
process.
TIERRA WEST ADVISORS,INC. 6
Preliminary Plan
Merged Central Business District and West End Project—Azusa Redevelopment Agency
Exhibit A: Added Area North Portion
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Miall
Fates.
Sim ij
® Added Area a ■ Central Business District (Merged Project)
Listing of Added Area Parcel Numbers:
Added Area Added Area
Portion 1 Portion 2
1 - 8608-028-010 4- 8608-028-903 11 - 8608-029-908 17 - 8611-002-001
2 - 8608-028-001 5 - 8608-028-901 12 - 8608-029-907 18 - 8611-002-041
3 - 8608-028-909 6 - 8608-028-905 13 - 8608-029-906 19 - 8611-002-039
7 - 8608-029-903 14- 8608-029-904 20 - 8611-002-035
8 - 8608-029-901 15 - 8608-029-910 21 - 8611-002-0.10
9 - 8608-029-900 16- 8611-001-048 22 - 8611-002-034
10- 8608-029-909
TIERRA WEST ADVISORS,INC. 7
Preliminary Plan
Merged Central Business District and West End Project—Azusa Redevelopment Agency
Exhibit B: Added Area South Portion
210 freeway
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® Added Area on Central Business District (Merged Project)
Listing of Added Area Parcel Numbers:
Added Area Portion 3
1 - 8614-014-058 5 - 8614-015-027 9 - 8614-015-028
2 - 8614-014-057 6 - 8613-024-024 10 - 8614-016-910
3 - 8614-014-917 7 - 8613-024-023 11 - 8614-016-908
4 - 8614-014-054 8 - 8614-015-900
TIERRA WEST ADVISORS,INC. g
U N
C'9tipORcnP --
AGENCY AGENDA ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD
FROM: BRUCE COLEMAN, ECONOMIC &COMMUNITY DEVELOPMENT DIRECTOR
FN�1�
VIA: F.M. DELACH, EXECUTIVE DIRECTOR 1 w--
DATE: FEBRUARY 19, 2008 ,
SUBJECT: CONSIDERATION OF A RESOLUTION OF NECESSITY AUTHORIZING USE OF EMINENT
DOMAIN POWER TO ACQUIRE, FOR REDEVELOPMENT, PARCELS OF REAL PROPERTY
IN THE CITY OF AZUSA LOCATED AT: 810 NORTH ALAMEDA AVENUE; 858 NORTH
AZUSA AVENUE; 812 NORTH AZUSA AVENUE; 801 NORTH ALAMEDA AVENUE; 826
NORTH AZUSA AVENUE; AND 832 NORTH AZUSA AVENUE.
RECOMMENDATION
Agency staff recommends that the Agency's Board of Directors adopt a Resolution of Necessity
authorizing use of the Agency's eminent domain authority to acquire parcels of non-residential real
property within the Agency's Merged Central Business District Area located at: 810 North Alameda
Avenue; 858 North Azusa Avenue; 812 North Azusa Avenue; 801 North Alameda Avenue; 826 North
Azusa Avenue; and 832 North Azusa Avenue, in the City Azusa (collectively, "Subject Properties").
BACKGROUND
In 1978, the Azusa Redevelopment Agency adopted its first redevelopment plan to revitalize the
Central Business District Area, the City's main commercial hub. The plan had the following goals: (a)
to develop convenient commercial facilities providing a wide variety of goods and services to nearby
residents; (b) to ensure an economically vibrant commercial sector in the area that serves as a
community meeting place; (c) to promote strong investment in, and community support for, a
central business district in the City; and (d) to revitalize Azusa's central business district.
In 2003 and again in 2006 the Agency amended and adopted the Amended and Restated
Redevelopment Plan (the "Plan") to eliminate blight and to conserve, rehabilitate, and redevelop non-
residential properties in the Merged Central Business District and West End Redevelopment Projects.
Among the blight conditions in the Central Business District identified by the Agency that the Plan
seeks to alleviate are: (1) deteriorated and/or dilapidated structures; (2) substandard design and
physical obsolescence of structures; (3) incompatible land uses; (4) small or odd shaped
independently-owned parcels, incompatible with future modern development; (S) vacancies or
abandoned buildings; and (6) inadequate public improvements.
The Subject Properties are non-residential properties situated within the Merged Central Business
District and individually identified in the 2006 amendment of the Plan as properties over which the
February 19, 2008
Honorable Chairperson &Agency Board
Reso of Necessity Authorizing Use of Eminent Domain Power
Page 2 of 4
Agency has the power of eminent domain. Furthermore, the Agency identified evidence of physical
and economic blight among and around the Subject Properties, including: dilapidated structures;
adjacent incompatible land uses; small or odd shaped parcels; vacant or under-utilized buildings and
land; and inadequate public improvements, including inadequate off-street parking. Based on the
findings of physical and economic conditions of blight in the Central Business District, the Subject
Properties were identified for redevelopment in the Plan. Assemblage of the Subject Properties with
adjoining property by the Agency will make available larger properties for future redevelopment in
accordance with the Agency's redevelopment and land use goals to the benefit of the redevelopment
area and the City as a whole. Absent Agency action, future assemblage and redevelopment of
Subject Properties with adjoining property within the•Merged Central Business District would not be
possible.
In accordance with Government Code section 7267.2, the Agency has had each of the Subject
Properties appraised by a qualified appraiser and extended a written offer to purchase to each of the
owner(s) of record of the Subject Properties, for no less than each property's appraised fair market
value. Additionally, the Agency and/or its acquisition consultants have contacted each of the owners
of the Subject Properties in an attempt to negotiate a purchase. To date, none of the owners of the
Subject Properties have accepted the Agency's offer to purchase. The Agency, nevertheless, remains
willing to work with any of the owners of the Subject Properties in order reach a mutually acceptable
acquisition agreement.
RESOLUTION PREREQUISITES
For the reasons stated herein, Agency staff believes that acquisition by the Agency of the Subject
Properties for assemblage and redevelopment is a public use, that the Subject Properties are
necessary for such redevelopment and/or assemblage, that the assemblage project is designed in a
manner consistent with the greatest public good and least private injury, and that an appraisal and
offer in accordance with Government Code section 7267.2 has been made to the owner(s) of record
of the aforementioned properties. Therefore, staff believes that all legal prerequisites to the
adoption of a Resolution of Necessity are present. Below is an analysis of how acquisition of the
Subject Properties could assist in accomplishing some of the Agency's Plan goals as well as the City's.
Land Use Element Goals and Economic Development Goals:
AGENCY'S PLAN GOALS
The goals of the Agency's Plan include: (1) elimination of areas suffering from economic dislocation
and disuse; (2) replanning, redesign and/or redevelopment of areas which are stagnant or improperly
utilized, which could not be accomplished by private enterprises acting alone without public
participation and assistance; (3) protecting and promoting sound development and redevelopment
of blighted areas by remedying the conditions through the employment of appropriate means; (4)
installation of new and replacement of existing public improvements; and (5) other means as
deemed appropriate. To accomplish the above goals, the Plan authorizes Agency acquisition of non-
residential real property, including by eminent domain, and redevelopment of same.
The acquisition of the Subject Properties by eminent domain is in furtherance of the goals of the
Agency as it will eliminate areas within the Central Business District that have been identified by the
Agency as blighted, stagnant and/or suffering from disuse. Acquisition by the Agency will permit
February 19, 2008
Honorable Chairperson &Agency Board
Reso of Necessity Authorizing Use of Eminent Domain Power
Page 3 of 4
future replanning and redevelopment of the Central Business District, in a manner which could not be
accomplished without the Agency's use of the power of eminent domain, to permit the assemblage
of properties under separate ownership for coordinated modern development with adjoining
property.
CITY'S LAND USE ELEMENT GOALS:
Land Use: Districts
GOAL 4 -- Azusa will have a thriving and well balanced business sector located within three
pedestrian oriented districts that provide dining, retail, office, and entertainment experiences, and
one industria//technology district that provides "tech-driven"manufacturing, warehousing, and other
industrial uses and supporting commercial uses.
The assemblage project will assist in enabling the construction of new commercial stores and/or
mixed uses which will help to revitalize the Central Business District. A goal of the project will be to
provide a "distinctive" shopping experience that emphasizes pedestrian oriented commercial and
residential uses in a mixed-use setting. Outdoor "sidewalk" dining and other similar uses will be
encouraged to "activate" public spaces. The building and site layout will link individual buildings,
public plazas, and parking facilities with each other through the use of walkways and sidewalks and
other amenities that contribute to pedestrian oriented activities. The design of the buildings will be
compatible with the historic architecture in the area. The redevelopment of the Subject Properties will
contribute to the maintenance of a distinctive and pleasant physical environment through public
streetscape and street amenities (water fountains, shaded benches, shaded bus shelters, trash
receptacles, pedestrian scaled lighting, public and entry signage, etc.). Examples of futures uses
could include a variety of retail stores, restaurants, and entertainment, art and cultural events, public
plazas and gathering places. The retail component will emphasize tax generating uses that are active
each day of the week.
Land Use: Commercial and Mixed Use
GOAL 5 -- Allow for and encourage the intensification of commercial uses in the corridors and the
districts to provide economic stability and to provide residents with essentia/goods and services.
The intensification of commercial uses in the Central Business District will be achieved through the
application of the Development Code standards which reduce the amount of parking, and minimize
setbacks. The structures will be sited and designed to enhance pedestrian activity along the
sidewalks, by incorporating uses in the first floor along the street frontage that stimulate pedestrian
activity, encouraging professional offices and other similar uses to be located in the rear or above the
first floor.
CITY'S ECONOMIC DEVELOPMENT GOALS AND POLICIES
Build a Strong, Diverse Economy
GOAL / —Build and maintain a strong, diverse economy in Azusa.
Eventual commercial and/or mixed-use redevelopment in the Central Business District is consistent
with an overall strategy to use land resources efficiently.
February 19, 2008
Honorable Chairperson &Agency Board s
Reso of Necessity Authorizing Use of Eminent Domain Power
Page 4 of 4
Diversification of Revenue Base
GOAL 9 -- Create a diverse and balanced revenue base with long-term value, avoiding excess reliance
on a single revenue source.
The Subject Properties can be redeveloped in the future to help build a high-quality retail base that
can hold value over time and adapt to changing circumstances. This will, in turn, help promote a
quality housing stock in Azusa that will appreciate in value over time. Assemblage of the Subject
Properties promotes the more efficient used of land for business development that can support the
City's property tax base and generate sales tax revenues.
Strengthening of Revenue Base
GOAL 10-- Strengthen the retail and commercial base.
Eventual redevelopment of the inefficiently developed Subject Properties will help to enhance the
identity of Downtown and strengthen retail and commercial base. The project area can be used to
help promote Azusa's competitiveness at the regional and sub-regional level. Successful
redevelopment of the project area can help to attract more new development by showing Azusa's
commitment to redevelopment.
CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") COMPLIANCE
The Agency has complied with California Environmental Quality Act (CEQA). The proposed action to
acquire property is in furtherance of the Merged Central Business District and West End Project Areas
Redevelopment Plan, as amended. The Redevelopment Plan was analyzed under the previously
certified Environmental Impact Report (Amendments for the Merged Central Business District/West
End Redevelopment Projects, State Clearinghouse No. 2003061073). Per CEQA Guidelines Sections
15180, 15162, and 15163, acquisition of parcels for consolidation and development, and actions to
encourage redevelopment in a redevelopment area were deemed approved at the time of adoption
of the redevelopment plan. No further environmental review is required at this time. When the
Agency considers a development proposal that includes the Subject Properties, or any of them, it will
revisit whether further CEQA review is required.
CONCLUSION
Based on all of the foregoing reasons, staff recommends that the Board of Directors adopt the
proposed Resolution of Necessity.
FISCAL IMPACT
The appraised value of all of the affected real property is $6,895,000 and letters of offer to
purchase have been provided to each property owners. This amount is subject to negotiation as
the condemnation progress gets through the court procedure to follow.
ATTACHMENTS
Resolution
Legal Descriptions
RESOLUTION NO.
RESOLUTION OF THE AZUSA REDEVELOPMENT AGENCY
AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF AZUSA
FOR ASSEMBLAGE FOR FUTURE REDEVELOPMENT.
THE BOARD OF DIRECTORS OF THE AZUSA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AND
DETERMINE AS FOLLOWS:
Section I
That the public interest and necessity require the acquisition of the hereinafter described parcels of
real property, in fee simple absolute (the "Subject Properties"), for a proposed public project, to wit,
for assemblage for redevelopment purposes and the elimination of blight (hereinafter the "Project"), as
authorized pursuant to: (1) California Health & Safety Code sections 33342, 33391; (2) California
Code of Civil Procedure sections 1240.010, 1240.1 10, 1240.120; and (3) Article I, section 19 of the
Constitution of the State of California.
Section 2
That the Board of Directors of the Azusa Redevelopment Agency (the "Agency') hereby finds and
determines, based on the staff report, and other testimony and evidence, that:
a. The public interest and necessity require the Project;
b. The Project is planned or located in the manner that will be most compatible with the greatest
public good and the least private injury;
C. The Subject Properties are necessary for the Project; and,
d. The offer required by section 7267.2 of the Government Code has been made to the owner of
record of the Subject Properties.
Section 3
That the Agency, in accordance with eminent domain provisions of California Redevelopment law and
the Constitution of the State of California, is hereby authorized and empowered to acquire by
condemnation the Subject Properties, which are located at 810 North Alameda Avenue, 858 North
Azusa Avenue, 812 North Azusa Avenue, 801 North Alameda Avenue; 826 North Azusa Avenue, and
832 North Azusa Avenue, in the City of Azusa, and further described in Exhibit "A- F," hereto.
Section 4
That the Agency's legal counsel be, and hereby is, authorized to institute eminent domain proceedings
in the Los Angeles County Superior Court, for the purposes set forth above, and to take all action
necessary to acquire the Subject Properties in the name of the Agency.
Section 5
That the public interest and necessity further require the taking of prejudgment possession of the
Subject Property and the Agency's counsel is authorized to institute proceedings for taking
prejudgment possession of the Subject Properties, upon complying with the requirements of the law
applicable thereto; and that the total sum fixed by the Superior Court as its order determining and
establishing the deposit amount for said prejudgment possession be deposited into Court, as provided
by Code of Civil Procedure section 1255.010, et seg.
Section 6
That the Agency has complied with California Environmental Quality Act (CEQA). The proposed action
to acquire property is in furtherance of the Merged Central Business District and West End Project
Areas Redevelopment Plan, as amended. The Redevelopment Plan was analyzed under the previously
certified Environmental Impact Report (Amendments for the Merged Central Business District/West
End Redevelopment Projects, State Clearinghouse No. 2003061073). Per CEQA Guidelines Sections
15180, 15162, and 15163, acquisition of parcels for consolidation and development, and actions to
encourage redevelopment in a redevelopment area were deemed approved at the time of adoption of
the redevelopment plan. No further environmental review is required at this time. When the Agency
considers a development proposal that includes the Subject Properties, or any of them, it will revisit
whether further CEQA review is required.
Section 7
The Agency's legal counsel and counsel designated by Agency's legal counsel are hereby authorized to
incur, on behalf of the Agency, all necessary expenses for preparation and trial of the action, including,
but not limited to:
a. Authorizing additional work by appraisers and consultants to prepare appraisal and consultant
reports, or to cover additional line or lines of inquiry not covered in the earlier consultant reports;
b. Engaging one or more additional appraisers in the event the Agency's counsel feels such step is
advisable;
C. Preparing maps, charts, diagrams, photographs, and reports in the event such printing is
necessary;
d. Authorizing payment to appraisers and consultants for the time spent on pre-trial conferences
and field trips to inspect the Subject Properties;
e. Incurring such additional expenses including the cost of providing clerical, paralegal and
attorney services on behalf of the Agency as in the judgment of the Agency's counsel shall be
necessary to the trial preparation for, and trial of, said proceedings; and,
f. Incurring defendant's `ordinary" court costs (e.g. filing fees), as provided for in Code of Civil
Procedure section 1268.710.
APPROVED AS TO FORM
Counsel for the Azusa Redevelopment
Agency
PASSED AND ADOPTED this 19' day of February, 2008.
Executive Director
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City of Azusa at a regular
meeting thereof, held on the 19th day of February, 2008.
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
Secretary
EXHIBIT "A"
810 NORTH ALAMEDA AVENUE
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
LOT(S) 17, 18, 19, 20, 21 AND 22 IN BLOCK 19 OF AZUSA, IN THE CITY OF
AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 15, PAGE(S) 93 ET SEQ., OF MISCELLANEOUS RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO A PARCEL OF LAND ADJOINING SAID BLOCK 19 OF THE SOUTH,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 19; THENCE
SOUTH 50 FEET TO THE NORTHERLY LINE OF THE RIGHT OF WAY AND DEPOT
GROUNDS OF THE SOUTHERN CALIFORNIA RAILWAY CO., (NOW ATCHISON,
TOPEKA AND SANTA FE CO.) THENCE NORTHEASTERLY ALONG SAID
NORTHERLY LINE TO A POINT IN A LINE FORMED BY THE PROLONGATION
OF THE EAST BOUNDARY LINE OF SAID LOT(S) 17, 18, 19, 20, 21 AND 22 IN
SAID BLOCK 19, SAID POINT BEING 50 FEET SOUTH FROM THE
SOUTHEASTERLY CORNER OF SAID LOT 22; THENCE NORTH 50 FEET TO THE
SOUTHEASTERLY CORNER OF SAID LOT 22; THENCE SOUTHWESTERLY
ALONG THE SOUTHEASTERLY LINE OF SAID LOT 22 TO THE POINT OF
BEGINNING.
435782
EXHIBIT "B"
858 NORTH AZUSA AVENUE
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
LOT(S) 25, 26, 27, 28, 29 AND 30 IN BLOCK 20 OF THE AZUSA TRACT, IN THE
CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 15 PAGE(S) 93 TO 96 INCLUSIVE OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPT THEREFROM SAID LOT 25 THAT PORTION DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 25, THENCE EAST
25.00 ALONG THE NORTH LINES OF SAID LOT TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 25.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 90°, DISTANCE OF 39.27 FEET MORE OR LESS TO THE WEST
LINE OF SAID LOT, THENCE NORTH 25.00 FEET ALONG SAID WEST LINE
TO THE POINT OF BEGINNING.
43579.2
EXHIBIT "C"
812 NORTH AZUSA AVENUE
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL ]:
LOT(S) 37, 38, 39 AND 40 OF BLOCK 20 OF MAP OF AZUSA, IN THE CITY OF
AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 15 PAGE(S) 93 TO 96 INCLUSIVE OF MISCELLANEOUS
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO A
STRIP OF LAND DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 40; THENCE ALONG
AZUSA AVENUE, SOUTH 50.00 FEET, MORE OR LESS TO THE NORTHERLY LINE
OF LAND REFERRED TO AS RIGHT OF WAY AND DEPOT GROUNDS, CONVEYED
BY DEED TO THE SOUTHERN CALIFORNIA RAILWAY COMPANY, RECORDED IN
BOOK 634 PAGE(S) 181 OF DEEDS; THENCE EASTERLY ALONG SAID NORTHERLY
LINE TO THE SOUTHERLY PROLONGATION OF THE CENTERLINE OF THE ALLEY,
(20 FEET WIDE), ADJOINING SAID LOTS ON THE EAST, AS SHOWN ON SAID MAP;
THENCE NORTHERLY ALONG SAID SOUTHERLY PROLONGATION, 50.00 FEET,
MORE OR LESS, TO THE SOUTHERLY LINE OF SAID BLOCK 20; THENCE
WESTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF THAT CERTAIN NORTH/ SOUTH ALLEY, 20 FEET WIDE AS
SHOWN ON MAP OF AZUSA, IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15 PAGE(S) 93 TO 96
INCLUSIVE OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, INCLUDED WITHIN BLOCK 20 OF SAID MAP OF
AZUSA, BOUNDED AS FOLLOWS:
BOUNDED ON THE WEST BY EASTERLY LINES OF LOTS 37 AND 38, SAID BLOCK 20;
BOUNDED ON THE EAST BY THE WESTERLY LINE OF LOT 13;
BOUNDED ON THE SOUTH BY THE NORTHERLY PROLONGATION OF LOT 39; AND
BOUNDED ON THE NORTH BY THE NORTHERLY PROLONGATION OF LOTS 30 AND
13.
43724.1
EXHIBIT "D"
801 NORTH ALAMEDA AVENUE
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT(S) 5, 6, 7, 8, 9, 10, 11, 12 AND 13 IN BLOCK 20, OF THE TOWNSITE OF
AZUSA, IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 15 PAGE(S) 93 TO 96
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
PARCEL 2:
PART OF THE RANCHO AZUSA, AS FINALLY CONFIRMED TO HENRY
DALTON, AS PER MAP RECORDED IN BOOK 2, PAGES 106 AND 107 OF
PATENTS, RECORDS OF LOS ANGELES COUNTY, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; AND ALSO THAT PORTION OF A
VACATED ALLEY TO THE WEST OF LOT 13 IN BLOCK 20 OF THE TOWNSITE
OF AZUSA, AS PER MAP RECORDED IN BOOK 15, PAGES 93 TO 96, INCLUSIVE
OF MISCELLANEOUS RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13; THENCE
SOUTHERLY ALONG THE WEST LINE OF ALAMEDA AVENUE (100 FEET WIDE),
A DISTANCE OF 50.00 FEET, MORE OR LESS TO THE NORTH LINE OF THE LAND
REFERRED TO AS RIGHT-OF-WAY AND DEPOT GROUNDS CONVEYED BY DEED
TO THE SOUTHERN CALIFORNIA RAILWAY COMPANY, RECORDED IN BOOK
634, PAGE 181, OF DEEDS; THENCE WESTERLY ALONG SAID NORTH LINE
TO THE INTERSECTION THEREOF, WITH THE SOUTHERLY PROLONGATION
OF THE CENTER LINE OF THE ALLEY (20 FEET WIDE) ADJOINING SAID LOT
13, ON THE WEST, AS SHOWN ON SAID MAP; THENCE NORTHERLY ALONG
SAID SOUTHERLY PROLONGATION AND THE CENTERLINE OF SAID ALLEY,
TO THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 39 OF SAID
BLOCK AND TRACT; THENCE EASTERLY ALONG THE EASTERLY
EXTENSION OF THE NORTH LINE OF LOT 39 TO THE WEST LINE OF LOT 13
OF SAID BLOCK AND TRACT; THENCE SOUTHERLY ALONG THE WEST LINE
OF SAID LOT 13, TO THE SOUTHERLY LINE OF LOT 13 TO THE POINT OF
BEGINNING.
EXHIBIT "E"
826 NORTH AZUSA AVENUE
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
LOT(S) 35 AND 36 IN BLOCK 20 OF AZUSA, IN THE CITY OF AZUSA,
COUNTY OF . LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 15, PAGE(S) 93 THROUGH 96 INCLUSIVE OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
43580.2
f
EXHIBIT "F"
832 NORTH AZUSA AVENUE
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT(S) 31 AND 32 IN BLOCK 20, IN THE CITY OF AZUSA, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15
PAGE(S) 93 TO 96 INCLUSIVE OF MISCELLANEOUS RECORDS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
LOT 33 IN BLOCK 20, IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15 PAGE(S) 93 TO
96 INCLUSIVE OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
43582.3
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AGENCY AGENDA ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD 2q C
FROM: BRUCE COLEMAN, ECONOMIC/COMMUNITY DEVELOPMENT DIRECTOR
VIA: F. M. DELACH, EXECUTIVE DIRECTORl(/�
DATE: FEBRUARY 19, 2008
SUBJECT: CONSIDERATION OF PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF
THE REAL PROPERTY LOCATED AT 803 NORTH DALTON AVENUE (RAMIREZ
PROPERTY)
RECOMMENDATION
It is recommended that the Agency Board approve the Purchase and Sale Agreement ("PSA") for the
n of real property located at 803 North Dalton Avenue, commonly known as Los Angeles
acquisition p ty
q P
County Assessor's Parcel Number 8608-027-008 ("Subject Property"). It is further recommended that
the Agency Board approve an appropriation for this property acquisition.
BACKGROUND
In order to eliminate all remaining blight in the Central Business District area, in 2003, the Agency
adopted the Amended and Restated Redevelopment Plan for the 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 functional 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.
The Subject Property is situated within the Central Business District Redevelopment Area, and consists
of an 8,228 square feet site, that is improved with a 4,176 square feet single story masonry
construction business. The property is owned by the Ramirez Family Trust. Assemblage of this parcel,
with additional adjoining parcels to be acquired in the near future, could produce a single parcel
available for future downtown development.
At the direction of the Agency Board, R.P. Laurain &Associates appraised the property on September
18, 2007, and determined its fair market value to be $985,000. Agency staff and the property owners,
Mr. & Mrs. Ramirez ("Sellers") of the Subject Property, have negotiated, subject to Agency Board
approval, a purchase price of $1 ,150,000 (Exhibit A— Purchase and Sale Agreement). The purchase
price includes, without limitation, full payment of just compensation and any relocation benefits,
leasehold interest, goodwill, furniture, fixtures, and equipment (FFE), attorneys' fees, costs, interest,
The Honorable Chairman and Members of the Agency Board
Subject:Acquisition of 803 North Dalton Avenue
February 19, 2007
Page 2of2
and damages in complete settlement of all claims (known and unknown), causes of action and
demands of Seller against the Buyer because of the Buyer's purchase of the Subject 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.
The property owner also operates the business, Ramirez Masonry, which occupies the site. Agency
Staff has also negotiated with the property owners a lease agreement, attached hereto as Exhibit B; for
a term for up to twelve months (12) following the close of escrow. The Sellers have agreed to pay the
Agency $1.00 per month during the lease term, in addition to payment of janitorial expenses, utilities,
and payment of possessory interest taxes. The lease will be brought forward to the Agency Board for
their consideration after the close of escrow.
FISCAL IMPACT
The cost for this acquisition is $1,150,000 excluding escrow costs (title report, etc). The Agency
requires an appropriation from the General Fund Reserves to proceed with the acquisition, subject to
Agency Board approval.
Attachments:
Exhibit "A": Purchase and Sale Agreement by and between the Redevelopment Agency of the
City of Azusa and Arthur B. Ramirez and Anna M. Ramirez, as Trustees of the
Ramirez Family Trust
T
2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(803 North Dalton Avenue, Azusa, CA)
by and between the
THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
a public body, corporate and politic,
and
ARTHUR B. RAMIREZ AND ANNA M. RAMIREZ,AS TRUSTEES OF THE
RAMIREZ FAMILY TRUST
[Dated as of , 2008 for reference purposes only]
ORANGEIQTANG�43425.2
2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(803 North Dalton Avenue, Azusa, CA)
by and between the
THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
a public body, corporate and politic,
and
ARTHUR B. RAMIREZ AND ANNA M. RAMIREZ, AS TRUSTEES OF THE
RAMIREZ FAMILY TRUST
Dated as of , 2008 for reference purposes only]
ORANG BQTANG W 3425.2
THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(803 North Dalton Avenue)
THIS 2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS (this "Agreement") is dated as of
reference purposes only, and is entered into by and between the REDEVE AGENCY
OF THE CITY OF AZUSA, a public body, corporate and politic (the "Agency"), and ARTHUR
B. RAMIREZ AND ANNA M. RAMIREZ, AS TRUSTEES OF THE RAMIREZ FAMILY
TRUST ("Sellers"). The Agency and Sellers enter into this Agreement with reference to the
following recited facts (each a "Recital")_
RECITALS
A. Sellers are the owner in fee of certain real property located in the City of Azusa,
County of Los Angeles, State of California commonly known as 803 North Dalton Avenue,
Azusa, California (Assessor Parcel Number 8608-027-008), more fully described in Exhibit "A"
and depicted in Exhibit "A" attached hereto and incorporated herein by reference ("Property").
The term "Property" as used herein shall include all of Sellers' rights, title and interest in and to
any and all improvements, fixtures, rights-of-way, utility rights, entitlements, claims or other
benefits in any way connected with or appurtenant to the Property.
B. The Property is located within the
Redevelopment Project Area
and governed by the
or
Project Area ("Redevelopmen Plan-).na "). Thiisactonpfor 1 d 1 an f
assemblyeis in accordance with
California Redevelopment Law and is consistent with the redevelopment objectives contained in
the Redevelopment Plan.
C. Agency desires to purchase the Property from Sellers and Sellers desire to sell the
Property to Agency.
D. The Property is currently occupied by Seller doing business as Ramirez Masonry,
Inc. As more specifically hereinafter described, Sellers shall be entitled to enter into the Lease
described in Section 3.5, providing for Sellers' continued use and occupancy of the Property for
a term of up to twelve (12) months following Close of Escrow.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION AND THE
PROMISES AND COVENANTS OF THE AGENCY AND SELLERS SET FORTH IN THIS
AGREEMENT, THE AGENCY AND SELLERS AGREE, AS FOLLOWS:
ORANGE\QTANG\434252 1
ARTICLE 1
DEFINITIONS
1.1 Incorporation of Recitals. The Recitals of fact set forth above are true and
correct and are incorporated into this Agreement in their entirety by this reference.
1.2 Defined Terms. The following words, terms and phrases are used in this
Agreement with the following meanings, unless the particular context of usage of a word, term
or phrase requires another interpretation:
1.2.1 "A enc " means the Redevelopment Agency of the City of Azusa, a
public body, corporate and politic, a public body, corporate and politic.
1.2.2 "Agency Parties"
--�_ means, collectively, the Agency,
elected officials, employees, agents and attorneys. its governing body,
1.2.3 "Agency Party" means, individually, the Agency, its governing body,
elected officials, employees, agents or attorneys.
2.8.1. 1.2.4 `Benefits" shall have the meaning ascribed to the term in Section
1.2.5 "CEOA" means the California En
Resources Code Sections 21000, et seq. vironmental Quality Act, Public
1.2.6 "CEOA�ment" means any applicable exemption determination,
any Negative Declaration (mitigated or otherwise) or any Environmental Impact Report
(including any addendum or amendment to, or subsequent or supplemental Environmental
Impact Report) required or permitted by the Agency, pursuant to CEQA, to approve this
Agreement.
1.2.7 "C�"means the City of Azusa, California.
1.act "Claim" means any claim, loss, cost, damage, expense, liability, lien,
action, cause of action (whether in tort, contract, under statute, at law, in
charge, award, assessment, fine or penalty of any kind (including consultant equity
otherwrse),
expenses, Legal Costs Of counsel retained by the Agency Parties, ert costs of staff time and
investigation costs of whatever kind or nature), and any judgment, including any such matter
relating to ; ( arising from: (i) injury to any Person (including death at any time resulting from
that injury); (ii) loss of, injury or damage to, or destruction of property (including all loss of use
resulting from that loss, injury, damage, or destruction) regardless of where located, including
the property of the Agency Parties; (iii) any matter described in Section 5.13 (Real Estate
Commissions); (iv) any Environmental Claim; or (v) enforcement of any indemnity obligation
under this Agreement.
ORANG E\QTANG%43425.2
2
1.2.9 "Close_ off" means completion of each of the actions set forth in
Section 3.9 by the Escrow Agent for the conveyance
through the Escrow. of the Property from Sellers to the Agency
1.2.10 "County"means the County of Los Angeles, California.
1 .2.1 1 "Default"means any Monetary Default or Non-Monetary Default.
1.2.12 "Default Int 11
means interest at an annual rate equal to the lesser
Of.- (i) ten percent (]0%)per annum; or(ii) the Usury Limit.
1.2.13 "Due Diligence Completion Notice" means a written Notice of the
Agency delivered to both Sellers and the Escrow, Agent, prior to the end of the Due Diligence
Period, stating the Agency's acceptance of the condition of the Property or indicating the
Agency's rejection or conditional acceptance of the condition of the Property and refusal to
accept a conveyance of the Property, describing in reasonable detail the actions that the Agency
reasonably believes are necessary (if any) to allow the Agency to accept
Property and conveyance of the Property. the condition of the
1.2.14 "Due Diligence Investigations,, means the Agency's due diligence
investigations of the Property to determine the suitability of the Property, including, without
limitation, investigations of the environmental and geotechnical conditions of the Properly, as
deemed appropriate in the reasonable discretion of the Agency, all at the sole cost and expense of
the Agency, except as otherwise specifically provided in this Agreement.
1.2.15 "Due Diligence Period" means the six (
60) calendar day commencing on the day immediately following the Effective Date d ending at 5:00 p.m Pacificc
Time on the sixtieth (60`) consecutive calendar day thereafter.
1.2.16 "Earnest Monev Deposit"means the amount of Twenty-Five Thousand
n c
Dollars ($25,000.00), iash or other immediately available funds.
1.2.17 "Effective means the first date on which all of the following
have occurred: (i) the Agency has received three (3) counterpart originals of this Agreement
copy of the Sellers'
executed by the authorized representative(s) of Sellers; (ii) the Agency has received a certified
official action executed by the authorized representative(s) of Sellers (if
applicable); (iii) this Agreement is approved by the Agency governing body; (iv) this Agreement
is executed by the authorized representative(s) of the Agency and (v) one (1) original of'this
Agreement executed by the authorized representatives) of the Agency has been delivered by the
Agency to Sellers.
1.2.18 "Environmental Claims"means any and all claims, demands, damages,
losses, liabilities, obligations, penalties, fines, actions, causes of action, judgments,
proceedings, costs, disbursements and expenses, including Legal Costs and fees andcostslof
environmental consultants and other experts, and all foreseeable and unforeseeable damages or
costs of any kind or of any nature whatsoever, directly or indirectly, relating to or arising from
any actual or alleged violation of any Environmental Law or any Hazardous Substance Discharge
ORANGE\QTANGW34252 3
occurring during or arising from Sellers's ownership, use or occupancy of the Property or any '
other actions of or attributable to Sellers regarding the Property.
1.2.19 "Environmental Law" means any Law regarding any of the following
at, in, under, above, or upon the Property: (i) air, environmental, ground water, or soil
conditions; or(ii) clean-up, remediation, control, disposal, generation, storage, release, discharge,
transportation, use of, or liability or standards of conduct concerning, Hazardous Substances.
1.2.20 "Escrow" means an escrow, as defined in Civil Code Section 1057 and
Financial Code Section 17003(a), that is conducted by the Escrow Agent with respect to the
conveyance of the Property from Sellers to the Agency, pursuant to this Agreement.
1.2.21 "Escrow Agent" means Enid Tobias, LandAmerica Southland Title
Company, or such other Person mutually agreed upon in writing by both the Agency and Sellers
in writing.
1.2.22 "Escrow Agent Consent" means the Escrow Agent's consent to acting
as Escrow Agent under this Agreement, in substantially the form of Exhibit "C" attached to this
Agreement.
1.2.23 "Escrow Closing Date"means on or before the thirtieth (30th)business
day following the expiration of the Due Diligence Period, unless extended by mutual consent of
the Parties, subject to Escrow Agent's receipt of written confirmation from both the Agency and
Sellers of the satisfaction or waiver of all conditions precedent to the Close of Escrow.
1.2.24 "Escrow Opening Date"means the first date on which a fully executed
copy of this Agreement is deposited with the Escrow Agent.
1.2.25 "Event of Default" means the occurrence of any one or more of the
following:
(a) Monetary Default: A Monetary Default that continues for
seven (7) days after Notice from the non-defaulting Party, specifying in reasonable detail the
amount of money not paid and the nature and calculation of each such payment; or
(b) Non-Monetary Default. Any Non-Monetary Default that is not
cured within thirty (30) days after Notice to the Party alleged to be in Default describing the
Non-Monetary Default in reasonable detail, or, in the case of a Non-Monetary Default that
cannot with reasonable diligence be cured within thirty (30) days after such Notice, if the Party
alleged to be in Default does not do all of the following: (i) within thirty (30) days after Notice
of such Non-Monetary Default, advise the other Party of the intention of the Party alleged to be
in Default to take all reasonable steps to cure such Non-Monetary Default; (ii) duly commence
such cure within such period, and then diligently prosecute such cure to completion; and (iii)
complete such cure within a reasonable time under the circumstances.
1.2.26 "Executive Director" means the Executive Director of the Agency or
his or her designee or successor in function.
ORANGE\QTANG\43425.2 4
1.2.27 "Federal" means the government of the United States of America.
1.2.28 "Final" means, relative to any CEQA Document, when all
administrative appeal periods regarding such matter have expired, all administrative appeals or
challenges regarding such matter (if any) have been resolved to the Agency's reasonable
satisfaction, all statutory periods for challenging .such matter have expired, all referendum
periods have expired, all referenda regarding such matter (if any) have been resolved to the
Agency's reasonable satisfaction, all litigation or other proceedings (if any) challenging any such
matter have been resolved to the reasonable satisfaction of the Agency and all appeal periods
relating to any such litigation or other proceedings have expired.
1.2.29 "FIRPTA Certificate" means a certification that Sellers is not a
"foreign person" within the meaning of such term under Section 1445 of the United States
Internal Revenue Code, as amended from time to time, and sufficient to exempt the Agency from
the obligation to withhold any funds from Sellers pursuant to Section 1445 of the United States
Internal Revenue Code, as amended from time to time.
1.2.30 "Form 593" means a California Franchise Tax Board Form 593-C or
successor form.
1.2.31 "Government" means each and every governmental agency, authority,
bureau, department, quasi-governmental body, or other entity or instrumentality having or
claiming jurisdiction over the Property (or any activity this Agreement allows), including the
United States government, the State and County governments and their subdivisions and
municipalities, the City and all other applicable governmental agencies, authorities, and
subdivisions thereof. "Government" shall also include any planning commission, board of
standards and appeals, department of buildings, city council, zoning board of appeals, design
review board or committee or similar body having or claiming jurisdiction over the Property or
any activities on or at the Property.
1.2.32 "Grant Deed" means a grant deed in substantially the form of Exhibit
"D" attached to this Agreement.
1.2.33 "Hazardous Substance" means flammable substances, explosives,
radioactive materials, asbestos, asbestos-containing materials, polychlorinated biphenyls,
chemicals known to cause cancer or reproductive, toxicity, pollutants, contaminants, hazardous
wastes, medical wastes, toxic substances or related materials, explosives, petroleum, petroleum
products and any "hazardous" or "toxic" material, substance or waste that is defined by those or
similar terms or is regulated as such under any Law, including any material, substance or waste
that is: (i) defined as a "hazardous substance" under Section 311 of the Water Pollution Control
Act (33 U.S.C. § 1317), as amended; (ii) substances designated as "hazardous substances"
pursuant to 33 U.S.C. § 1321; (iii) defined as a "hazardous waste" under Section 1004 of the
Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq., as amended; (iv)
defined as a "hazardous substance" or "hazardous waste" under Section 101 of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended
by the Superfund Reauthorization Act of 1986, 42 U.S.C. § 9601, et seq., or any so-called
"superfund" or"superlien" law; (v) defined as a "pollutant" or "contaminant" under 42 U.S.C.A.
ORANGE)QTANG\43425.2 5
§ 960](33); (vi) defined as "hazardous waste" under 40 C.F.R. Part 260; (vii) defined as a ,
"hazardous chemical" under 29 C.F.R. Part 1910; (viii) any matter within the definition of
"hazardous substance" set forth in 15 U.S.C. § 1262; (ix) any matter, waste or substance
regulated under the Toxic Substances Control Act ("TSCA") [15 U.S.C. Sections 2601, ct seq.];
(x) any matter, waste or substance regulated under the Hazardous Materials Transportation Act,
49 U.S.C. Sections 1801, et seq.; (xi) those substances listed in the United States Department of
Transportation (DOT)Table [49 CFR 172.]01]; (xii) any matter, waste or substances designated
by the EPA, or any successor authority, as a hazardous substance [40 CFR Part 302]; (xiii) any
matter, waste or substances defined as "hazardous waste" in Section 25117 of the California
Health and Safety Code; (xiv) any substance defined as a "hazardous substance" in Section
25316 of the California Health and Safety Code; (xv) any matter, waste, or substance that is
subject to any other Law regulating, relating to or imposing obligations, liability or standards of
conduct concerning protection of human health, plant life, animal life, natural resources, property
or the enjoyment of life or property free from the presence in the environment of any solid,
liquid, gas, odor or any form of energy from whatever source; or (xvi) other substances,
materials, and wastes that are, or become,regulated or classified as hazardous or toxic under Law
or in the regulations adopted pursuant to said Law, including manure, asbestos, polychlorinated
biphenyl, flammable explosives and radioactive material.
1.2.34 "Hazardous Substance Discharge" means any deposit, discharge,
generation, release, or spill of a Hazardous Substance that occurs at on, under, into or from the
Property, or during transportation of any Hazardous Substance to or from the Property, or any
activities conducted at on, under or from the Property or any adjacent or nearby real property, or
resulting from seepage, leakage, or other transmission of Hazardous Substances from other real
property to the Property, whether or not caused by a Party or whether occurring before or after
the Effective Date.
1.2.35 "Indemni " means, where this Agreement states that any Indemnitor
shall "indemnify" any Indemnitee from, against, or for a particular Claim, that the Indemnitor
shall indemnify the Indemnitee and defend and hold the Indemnitee harmless from and against
such Claim (alleged or otherwise). "Indemnified"shall have the correlative meaning.
1.2.36 "Indemnitee" means any Person entitled to be Indemnified under the
terms of this Agreement.
1.2.37 "Indemnitor" means a Person that agrees to Indemnify any other
Person under the terms of this Agreement.
1.2.38 "Law" means every law, ordinance, requirement, order, proclamation,
directive, rule, and regulation of any Goverment applicable to the Property, in any way,
including any development, use, maintenance, taxation, operation, or occupancy of, or
environmental conditions affecting the Property, or relating to any taxes, or otherwise relating to
this Agreement or any Party's rights or remedies under this Agreement, or any transfer of any of
the foregoing, whether in force on the Effective Date or passed, enacted, modified, amended or
imposed at some later time, subject in all cases, however, to any applicable waiver, variance, or
exemption.
ORANGFQTANGA3425.2 6 _
1.2.39 "Legal Costs" of any Person means all reasonable costs and expenses
such Person incurs in any legal proceeding (or other matter for which such Person is entitled to
be reimbursed for its Legal Costs), including reasonable attorneys' fees, court costs and expenses
and consultant and expert witness fees and expenses.
1.2.40 "Monetary Default" means any failure by either Party to pay or
deposit, when and as this Agreement requires, any amount of money, any bond or surety or
evidence of any insurance coverage required to be provided under this Agreement, whether to or
with a Party or a third-Person.
1.2.41 "Non-Monetary Default" means the occurrence of any of the
following, except to the extent constituting a Monetary Default: (i) any failure of a Party to
perform any of its obligations under this Agreement; (ii) a Party's failure to comply with any
material restriction or prohibition in this Agreement; or(iii) any other event or circumstance that,
with passage of time or giving of Notice, or both, or neither, would constitute a breach of this
Agreement.
1.2.42 "Notice" means any consent, demand, designation, election, notice, or
request relating to this Agreement, including any Notice of Default. All Notices must be in
writing.
Default. 1.2.43 "Notice_ of_ Defaule, means any Notice claiming or giving Notice of a
1.2.44 "Notify"means give a Notice.
1.2.45
"Parties means collectively, the Agency and Sellers.
applicable. 1.2.46 "Partv" means, individually, either the Agency or Sellers, as
1.2.47 "PCO Report" means a preliminary change of ownership report
required under California Revenue and Taxation Code Section 480.3.
1.2.48 "Permitted Exceptions" means (i) any and all items shown in Schedule
B of the Preliminary Report, as exceptions to coverage under the proposed Title Policy, that the
Agency does not disapprove, conditionally approve, or that are otherwise accepted or consented
to by the Agency; (ii) any exceptions from coverage under the proposed Title Policy resulting
from the Agency's activities relating to the Property; (iii) any lien for non-delinquent property
taxes or assessments; (iv) any Laws applicable to the Property; (v) the Redevelopment Plan; (vi)
this Agreement; and (vii) any other matter expressly provided for in this Agreement.
1.2.49 "Person" means any association, corporation, governmental entity or
agency, individual, joint venture, joint-stock company, limited liability company, partnership,
trust, unincorporated organization, or other entity of any kind.
1.2.50 "Pre-Closing Liquidated Damages Amount" means the amo
Earnest Money Deposit. unt of the
ORANGE\QTANG\43425.2 7
1.2.51 IT reliminary Re 011" '
Prelimina
Company in contemplation of the issuance of he Title Policy, accompaniedreport sby copies of ued by the tall
documents listed in Schedule B of the report, as exceptions to coverage under the proposed Title
Policy.
1 "Pro
the legal description
" means that certain real property specifically described in
appurtenant rights and in set forth in Exhibit "A" attached to this Agreement, including all
nterests.
1.2.53 "Purchase Price"means the amount of One Million One Hundred Fifry
Thousand Dollars and No/Cents ($1,150,000.00).
1.2.54 "Real Est-es" means all general and special real estate taxes
(including taxes on personal property, sales taxes, use taxes,
takes, taxes payable pursuant to and the like), possessory interest
California Health and Safety Code Section 33673, special taxes
imposed pursuant to the Mello-Roos Community Facilities District Act, assessments, assessment
district charges or taxes, municipal water and sewer rents, rates and charges, excises, levies,
license and permit fees, fines, penalties and other Governmental charges and any interest or costs
with respect thereto, general and special ordinary and extraordinary,
any kind and nature and unforeseen, of
e whatsoever that at any time before the Close of Escrow and' applicable to
any time period prior to the Close of Escrow may be assessed, levied, imposed upon, or become
due and payable out of or in respect of, or charged with respect to or become a lien on, the
.Property, or any vault, ansa ewa
p g y or. space. in, over or under any street, or any other
appurtenances of the Property, or any personal property or facility used in the operation of the
Property, or the rent or income received from the Property, or any use or occupancy of the
Property.
1.2.55 "Record," "recorded " `°
recordation of the referenced document in the official"recording"
C"�Ty dation" each mean
1.2.56 "Redevelo went Plan means the City of
Business District Redevelopment Plan for he Central Business Districtpos e�� Aea, aCalifornia, Central
from time to time. J Area, as amended
1.2.57 "Sellers"means Arthur B. Ramirez and Anna M. Ramirez, as Trustees
of the Ramirez Family Trust.
1.2-58 "Seller Parties, means,
and agents of Sellers. collectively, the directors, officers, employees
1.2.59 "Sell" ,means, individually, the directorsofficers
or agents of Sellers. employees
1.2.60 "State"means the State of California.
1.2.61 "Title COmnany" means Land
title insurance company mutually agree upon on between both the Agency anderica Title or such other
g y and Sellers in writing.
OR ANGEIQTANG4t3425.2
8
1 .2.62le Notice" means a written Notice from the Agency to both Sellers
and the Escrow Agent indicating the Agency's acceptance of the state of the title to the Property,
as described in the Preliminary Report and the Survey, or the Agency's disapproval or
conditional approval of specific matters shown in: (i) Schedule B of the Preliminary Report, as
exceptions to coverage under the proposed Title Policy, or (ii) in the Survey, describing in
suitable detail the actions that the Agency reasonably believes are necessary to obtain the
Agency's approval of the state of the title to the Property.
1.2.63 "Title Notice Response" means the written response of Sellers to the
Agency's Title Notice, in which Sellers elects to either: (i) cause the removal from the
Preliminary Report or the Survey of any matter disapproved in the Agency's Title Notice, (ii)
obtain title or other insurance in a form reasonably satisfactory to the Agency insuring against
the effects of any matters disapproved or conditionally approved in the Agency's Title Notice,
(iii) otherwise satisfy the Agency regarding any matter disapproved or conditionally approved in
the Agency's Title Notice, or(iv) not take any action described in either(i), (ii) or(iii).
1.2.64 "Title Notice Waiver"means a written Notice from the Agency to both
Sellers and the Escrow Agent waiving the Agency's previous disapproval or conditional approval
in the Agency's Title Notice of specific matters shown in: (i) Schedule B of the Preliminary
Report, as exceptions to coverage under the proposed Title Policy, or(ii) the Survey, that Sellers
have not agreed to address to the Agency's reasonable satisfaction in the Title Notice Response.
1.2.65 "Title Policy" means an extended coverage owner's policy of title
insurance issued by the Title Company,.with coverage in the amount of the Purcbase Price and
insuring title to the Property vested in the Agency, subject to only the Permitted Exceptions.
1.2.66 "Unavoidable Delay" means a delay in either Party performing any
obligation under this Agreement, except payment of money, arising from or on account of any
cause whatsoever beyond the Party's reasonable control, despite such Party's reasonable diligent
efforts, including industry-wide strikes, labor troubles or other union activities (but only to the
extent such actions do not result from an act or omission of the Party), casualty, war, acts of
terrorism, riots, litigation, Govemment action or refusal to act when or as required by Law or
inability to obtain materials. Unavoidable Delay shall not include delay caused by a Party's
financial condition,illiquidity, or insolvency.
1.2.67 "Usury Limit" means the highest rate of interest, if any, that Law
allows under the circumstances.
ARTICLE 2
CONVEYANCE OF PROPERTY
2.1 Escrow. Sellers shall sell and convey fee title to the Property to the Agency and
the Agency shall purchase and acquire fee title to the Property from Sellers, pursuant to the terms
and conditions of this Agreement. For the purposes of exchanging funds and documents to effect
such purchase and sale of the Property between them, the Agency and Sellers agree to open the
Escrow with the Escrow Agent. The provisions of ARTICLE 3 of this Agreement are the joint
ORANGE\QTANG\43425.2 9
escrow instructions of the Parties to the Escrow Agent for conducting the Escrow. If requested
by the Escrow Agent, Sellers and the Agency shall execute the Escrow Agent's reasonable
standard or general escrow instructions. Any provision in the Escrow Agent's standard or
general escrow instructions that purports to exculpate the Escrow Agent from or require Sellers
or the Agency to indemnify the Escrow Agent against the Escrow Agent's negligence or willful
misconduct shall be deemed ` urn-easonable" and shall not be included in any standard or general
escrow instructions requested by the Escrow Agent. In the event of any conflict between the
provisions of this Agreement and any standard or general escrow instructions requested by the
Escrow Agent, the provisions of this Agreement shall be controlling.
2.2 Payment of Purchase Price. The Agency shall deposit the Purchase Price, less
the amount of the Earnest Money Deposit and any interest earned thereon deposited into Escrow
pursuant to 2.2.1 below, into Escrow in immediately available funds, at least one (1) day prior to
the Escrow Closing Date, if required.
2.2.1 Earnest Money Deposit. Within three (3) days following the
Effective Date, Agency shall deliver the Earnest Money Deposit to the Escrow Agent. Such
Earnest Money Deposit shall be applicable to the Purchase Price but refundable to Agency
anytime prior to the expiration of the Due Diligence Period. The Earnest Money Deposit shall be
deposited into an FDIC insured interest bearing account for the Agency's Benefit. .
2.2.2 Total Compensation. Seller hereby agrees and acknowledges that the
Purchase Price is inclusive of any and all relocation benefits, good will or other compensation
that Seller may otherwise be entitled to under the law or through negotiation.
2.3 No Negotiation with Others For Purchasing or Leasing. Following the
Effective Date, Sellers shall not negotiate with any other Person regarding the sale or lease of all
or any portion of the Property. The term "negotiate," as used in this Agreement,means engaging
in any discussions with a Person or such Person's agent, other than the Agency, regardless of
how initiated, with respect to that Person's purchase or lease of all or any portion the Property.
2.4 Title Approval.
2.4.1 Title Notice. Within ten (10) days after the Escrow Opening Date,
Sellers shall obtain the Preliminary Report from LandAmerica Southland Title Company, and
deliver a copy of the Preliminary Report to the Agency. Within ten (10) days following the
Agency's receipt of the Preliminary Report, the Agency shall deliver the Title Notice to both
Sellers and the Escrow Agent.
2.4.2 Failure to Deliver Title Notice. If the Agency fails to deliver the Title
Notice to Sellers and the Escrow Agent, within thirty (30) days following the Agency's receipt of
the Preliminary Report, the Agency will be deemed to disapprove the status of title to the
Property and refuse to accept conveyance of the Property and both the Agency and Sellers shall
have the right to cancel the Escrow and terminate this Agreement, in their respective sole and
absolute discretion, until such time (if ever) as the Agency sends the Title Notice.
2.4.3 Title Notice Response.. Within thirty (30) days following the earlier
of: (i) Sellers' receipt of the Title Notice or (ii) expiration of the time period provided in this
ORANGEIQTANGW3425.2 10
Section 2.4 for delivery of the Title Notice, Sellers shall deliver the Title Notice Response to
both the Agency and the Escrow Agent. if the Title Notice does not disapprove or conditionally
approve any matter in the Preliminary Report or the Agency fails to deliver the Title Notice,
Sellers shall not be required to deliver the Title Notice Response. If Sellers does not deliver the
Title Notice Response, if necessary, within thirty (30) days following its receipt of the Title
Notice, Sellers shall be deemed to elect not to take any action in reference to the Title Notice. If
Sellers elects in the Title Notice Response to take any action in reference to the Title Notice,
Sellers shall complete such action, prior to the Escrow Closing Date or as otherwise specified in
the Title Notice Response.
2.4.4 Title Notice Waiver. If Sellers elects or is deemed to have elected not
to address one or more matters set forth in the Title Notice to the Agency's reasonable
satisfaction, then within ten (10) days after the Agency's receipt of the Sellers' Title Notice
response or the last date for the Sellers to deliver its Title Notice Response, the Agency shall
either: (i) refuse to accept the title to and conveyance of the Property, or (ii) waive its
disapproval or conditional approval of all such matters set forth in the Title Notice by delivering
the Title Notice Waiver to both Sellers and the Escrow Agent. Failure by the Agency to timely
deliver the Title Notice Waiver, where the Title Notice Response or Sellers' failure to deliver the
Title Notice Response result in Sellers' election not to address one or more matters set forth in
the Title Notice to the Agency's reasonable satisfaction, will be deemed the Agency's continued
refusal to accept the title to and conveyance of the Property, in which case both the Agency and
Sellers shall have the right to cancel the Escrow and terminate this Agreement, in their respective
sole and absolute discretion, until such time (if ever) as the Agency sends the Title Notice
Waiver.
2.4.5 Disapproval of Encumbrances Securing Sellers Obligations.
Notwithstanding any other provision of this Agreement, the Agency disapproves any and all
encumbrances against the Property securing monetary or performance obligations of Sellers. All
such encumbrances shall be removed from the Property prior to the Close of Escrow by Sellers,
at its sole cost and expense.
2.4.6 No Termination Liability. Any termination of this Agreement and
cancellation of the Escrow pursuant to this Section 2.4 shall be without liability to the other Party
or any other Person, and shall be accomplished by delivery of a written Notice of termination to
both the other Party and the Escrow Agent, in which case the Parties and the Escrow Agent shall
proceed pursuant to Section 3.15.
2.5 Due Diligence Investigations.
2.5.1 License to Enter. Sellers licenses the Agency and its contractors to
enter the Property for the purpose of undertaking the Due Diligence Investigations as the Agency
deems necessary and appropriate. The Agency may sub-license any appropriate consultants to
enter the Property for the purpose of conducting Due Diligence Investigations under the license
given in this Section 2.5.1, subject to all of the provisions of this Section 2.5.1 applicable to the
Agency. The license given in this Section 2.5.1 shall only be effective until the earlier of: (i) the
end of the Due Diligence Period or (ii) the date of the Agency's delivery of its Due Diligence
Completion Notice. The Agency shall conduct all Due Diligence Investigations during the Due
ORANGEIQTANGW3425.2 ] ]
Diligence Period and at its sole cost and expense. The Agency shall provide notice to Sellers
prior to entering the Property to conduct Due Diligence Investigations and shall abide by any
reasonable condition(s) of entry onto the Property required by Sellers, whether or not set forth in
this Agreement. Any Due Diligence Investigations by the Agency shall not unreasonably disrupt
any then existing use or occupancy of the Property.
2.5.2 Limitations. The Agency shall not conduct any intrusive or destructive
testing of any portion of the Property, other than low volume soil samples, without Sellers' prior
written consent. Following the conduct of any Due Diligence Investigations on the Property, the
Agency shall restore the Property to substantially its condition prior to the conduct of such Due
Diligence Investigations.
2.5.3 Indemnity. The activities of the Agency directly or indirectly related
to the Due Diligence Investigations shall be subject to the Agency's indemnity, obligations under
Section 4.5 of this Agreement.
2.5.4 Due Diligence Completion Notice. The Agency shall deliver a Due
Diligence Completion Notice to both Sellers and the Escrow Agent, prior to the end of the Due
Diligence Period. If the Agency does not accept the condition of the Property by delivery of its
Due Diligence Completion Notice stating such acceptance, prior to the end of the Due Diligence
Period, the Agency shall be deemed to have rejected the condition of the Property and refused to
accept conveyance of the Property. If the condition of the Property is rejected or deemed
rejected by the Agency, then either the Agency or Sellers shall have the right to cancel the
Escrow and terminate this Agreement, in their respective sole and absolute discretion, until such
time (if ever) as the Agency delivers the Due Diligence Completion Notice stating the Agency's
acceptance of the condition of the Property. Any termination of this Agreement and cancellation
of the Escrow, pursuant to this Section 2.4, shall be without liability to the other Party or any
other Person, and shall be accomplished by delivery of a written Notice of termination to the
other Party and the Escrow Agent, in which case the Parties and the Escrow Agent shall proceed
pursuant to Section 3.15. Notwithstanding any other provision of this Agreement, the Agency
may reject the condition of the Property at any time during the Due Diligence Period for any
reason or no reason, in the Agency's sole and absolute discretion.
2.6 Eminent Domain. If any portion of the Property or any interest in any portion of
the Property, becomes the subject of any eminent domain proceeding prior to Close of Escrow
other than such a proceeding by the Agency, including, without limitation, the filing of any
notice of intended condemnation or proceedings in the nature of eminent domain, commenced by-
any governmental authority, other than the Agency, Sellers shall immediately give the Agency
Notice of such occurrence, and the Agency shall have the option, exercisable within ten (10)
business days after receipt of such Notice from Sellers, to. either: (i) cancel the Escrow and
terminate this Agreement or (ii) continue with this Agreement in accordance with its terms, in
which event Sellers shall assign to the Agency any right of Sellers to receive any condemnation
award attributable to the Property.
ORANGF\QTANG\43425.2 12
2.7 Sellers Covenants Regarding Maintenance of the Property.
2.7.1 Covenants. Sellers covenants and agrees with the Agency that
between the Effective Date and the Escrow Closing Date:
(a) No Changes to Agreements. Sellers shall not modify or amend
any lease or any service contract respecting the Property, or enter into any new lease or contract
respecting the Property, without the Agency's prior written approval;
(b) Normal Maintenance. Sellers shall maintain the Property in
accordance with the same standards Sellers has customarily observed in its ownership and
management of the Property;
(c) Maintenance of Insurance. Sellers shall maintain in force all
insurance policies currently maintained by Sellers with respect to the Property;
(d) No Title Exceptions. Sellers shall not cause, permit, allow or
suffer any additional exception to the title to the Property;
2.7.2 No Merger. Sellers's covenants in this Section 2.7 shall not be merged
with the Grant Deed, shall survive the Close of Escrow for the full statutory period, and shall
automatically be deemed made for the benefit of, and enforceable by the Agency and its
successors and assigns.
2.8 Sellers Waiver of Relocation Benefits and Owner Participation Rights.
2.8.1 Representations and Warranties• Waivers and Releases.
(a) Sellers acknowledges that, pursuant to applicable provisions of
State law, Sellers may be entitled to relocation assistance, the payment of certain relocation
expenses, payments for loss of goodwill,just compensation, inverse compensation, unlawful pre-
condemnation conduct and other benefits and reimbursements relating to the Agency's
acquisition of the Properly (collectively, the `Benefits") that are not expressly or independently
set forth in this Agreement. Sellers, on behalf of itself, its administrators, successors and assigns,
acknowledges and agrees that the Agency's performance under this Agreement and payment of
the Purchase Price constitutes full and complete satisfaction of the Agency's obligations, if any,
to provide the Benefits to Sellers.
(b) Sellers represents and warrants to the Agency that no portion of
the Property has been used or occupied by any Person other than Sellers for more than one
hundred eighty (180) days prior to the Effective Date. Sellers hereby waives, to the maximum
extent permitted by Law, any right or entitlement to relocation assistance or benefits from the
Agency as a result of the transactions contemplated by this Agreement. With respect to
relocation assistance or benefits, Sellers acknowledges that it may have sustained damage, loss,
costs or expenses that are presently unknown and unsuspected, and such damage, loss, costs or
expenses that may have been sustained, may give rise to additional damage, loss, costs or
expenses in the future. Nevertheless, Sellers hereby acknowledges and agrees that this
Agreement has been negotiated and agreed upon in reliance on the waivers and releases
ORANGBQTANGk43425.2 13
contained in this Section 2.8, including the Purchase Price and all other terms and conditions.
Sellers acknowledges that the waivers given in this Section 2.8 are made after being fully
informed of its rights by legal counsel of its own selection and are made knowingly and
intentionally. With reference to the representations and warranties made and the waivers given
in this Section 2.8, Sellers, to the maximum extent permitted by Law, hereby waives the
application of and any rights it might have under California Civil Code Section 1542 or under
any statute or common law or equitable principal or similar effect. California Civil Code Section
1542 reads 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.
2.8.2 Indemnification. Sellers agrees to Indemnify the Agency against any
claims for any Benefits relating to the transactions contemplated in this Agreement.
2.8.3 Owner Participation Rights Sellers acknowledge that the
Property is located within the Redevelopment Agency's Central Business Project Area Plan area.
Sellers also acknowledge that pursuant to CRL Sections 33339, 33345 and 33380, each
redevelopment plan must provide for the opporhurity for participation of owners in the
redevelopment of the property if the owners agree to participate in conformity with the terms of
the redevelopment plan. The Redevelopment Plan contains Rules Governing Participation and
Reentry Preferences for Property Owners, Operators of Businesses, and Business Tenants for the
Central Business Project Area ("Owner Participation Rights"). Sellers hereby waive any Owner
Participation Rights pursuant to the Redevelopment Plan and CRL to participate in the
redevelopment of the Property. In lieu of exercising said Owner Participation Rights and
participating in the redevelopment of the Property, Sellers desires to sell to Agency the Property
pursuant to the terms and conditions of this Agreement.
2.8.4 Initials. The representations, warranties, acknowledgments, waivers
and releases contained in this Section 2.8 shall survive the Close of Escrow.
ln1thTs of Authorized
Sellers Representative(s)
2.9 Sellers Representations and Warranties.
2.9.1 Litigation. There is no pending or threatened private or governmental
litigation by any governmental authority or person against Sellers relating to the Property that
might, if it and all other pending and threatened litigation were adversely determined, result in a
material adverse change in the Property or its operation or that challenges the validity of or
otherwise materially adversely affects the transactions contemplated by this Agreement.
2.9.2 Other Proceedin �. No attachments, execution proceedings,
assignments for the benefit of creditors, insolvency, bankruptcy, reorganization, or other
ORANGEPQTANG�434252 14
proceedings are pending or threatened against Sellers or Sellers's interest in the Property, nor are
any such proceedings contemplated by Sellers.
2.9.3 Governmental Action. Sellers has no knowledge of, nor has Sellers
received written notice of, any plan, study, or effort by any Person that in any way would
materially affect the use of the Property or any portion of it for its current use or of any intended
public improvements that would result in any charge being levied against, or any lien assessed
on, the Property.
2.9.4 Condemnation. Sellers has received no notice of any presently pending
or contemplated special assessments or proceedings to condemn or demolish the Property or any
part of it or any proceedings to declare the Property or any part of it a nuisance.
2.9.5 Development Rights. Neither Sellers nor any previous owner of the
Property has, except by operation of law, sold, transferred, conveyed, or entered into any
agreement regarding "air rights," "excess floor area ratio," or other development rights or
restrictions relating to the Property, except as otherwise expressly set forth in the Preliminary
Report.
2.9.6 Title to the Pmpe_yrt . Sellers has good and marketable title to the
Property. Sellers has no actual knowledge of any unrecorded or undisclosed legal or equitable
interest in the Property owned or claimed by anyone other than Sellers. Sellers has no knowledge
that anyone will, at the Close of Escrow, have any right to possession of the Property, except as
disclosed by this Agreement or otherwise in writing to the Agency. There are no unsatisfied
mechanics' or materialmen's lien rights on the Property. No assessment lien or bond encumbers
the Property, and no governmental authority has undertaken any action that could give rise to an
assessment lien affecting the Property.
2.9.7 No Hazardous Substances. There are no environmental, health or
safety hazards on, under, or about (including any area surrounding the Property) the Property,
including but not limited to soil and groundwater conditions. Neither Sellers nor any third-Person
(including but not limited to Sellers' predecessors in title to the Property) has used or installed
any underground tank, or used, generated, manufactured, treated, stored, placed, deposited, or
disposed of on, under, or about the Property or transported to or from the Property any
Hazardous Substance.
2.9.8 No Notice of Violation of Environmental Laws. The Property is not in
violation of any Environmental Law and Sellers has not received any Notice from any
Government that the Property or any adjoining property contains or may contain any Hazardous
Substance in violation of any Environmental Law or that Sellers has stored, used or maintained
any Hazardous Substance or suffered, permitted, allowed or acquiesced in any storage, use or
maintenance of any Hazardous Substance on, in or under the Prope
Environmental Law. rty in violation of any
2.9.9 No Other Representations or Warranties. Other than the express
representations and warranties contained in this Agreement, Sellers makes no warranty or
representation, express or implied to the Agency regarding the Property.
ORANGE\QTANG\43425.2 15
ARTICLE 3
JOINT ESCROW INSTRUCTIONS
3.1 Opening of Escrow. The Agency and Sellers shall cause the Escrow to be
opened within seven (7) days following the Effective Date. The Escrow Agent shall promptly
confirm the Escrow Opening Date in writing to each of the Parties, with a copy of the Escrow
Agent Consent executed by the authorized representative(s) of the Escrow Agent. The
Provisions of this ARTICLE 3 are the joint escrow instructions of the Agency and Sellers to the
Escrow Agent for conducting the Escrow.
to: 3.2 Escrow Agent Authority. The Agency and Sellers authorize the Escrow Agent
3.2.1 Charges. Pay and charge the Agency and Sellers for their respective
shares of the applicable fees, taxes, charges and costs payable by either the Agency or Sellers
regarding the Escrow;
3.2.2 Settlement/Closing Statements. Release each Party's Escrow
settlement/closing statement to the other Party; and
3.2.3 Document Recordin . File any documents delivered for recording
records of the County,pursuant to the joint instructions of the Parties.through the Escrow with the office of the Recorder of the County for recordation in the officia]
3.2.4 Countemart Documents. Utilize documents that have been signed by
the Agency and Sellers in counterparts.
3.3 Agency's Conditions to Close of Escrow. Provided that the failure of any such
condition to be satisfied is not due to a Default under this Agreement by the Agency; the
Agency's obligation to purchase and acquire fee title to the Property from Sellers pursuant to this
Agreement on the Escrow Closing Date shall be subject to the satisfaction or waiver of each of
the following conditions precedent, each of which can only be waived in writing by the Agency:
3.3.1 Title. The Agency agrees to accept conveyance of the Property,
pursuant to Section 2.3;
3.3.2 Due Diligence. The Agency delivers its Due Diligence Completion
Notice to both Sellers and the Escrow Agent stating the Agency's acceptance of the condition of
the Property;
3.3.3 Title Policy. The Title Company is, upon payment of the Title
Company's standard premium for an insurance policy such as the Title Policy, irrevocably and
unconditionally committed to issue the Title Policy to the Agency, at the Close of Escrow;
3.3.4 CEQA Documents. Final adoption, approval or certification of the
CEQA Documents;
ORANGEQTANG\43425.2 16
3.3.5 Consistency acquisitionFinding-
determined that the acquisition of fee title to the Property by the Agency pursuant to this
Agreement is the
with the City's General Plan, in accordance with
Section 65402; Government Code
3.3.6 Real Estate Taxes All Real Estate Taxes are paid current by Sellers;
3.3.7 Sellers Escrow Deposit . Sellers deposits all of the items into the
Escrow required by Section 3.7;
3.3.8 Settlement/Closing Statement. The Agency' approves the Escrow
Agent's estimated Escrow closing/settlement statement; and
3.3.9 Sellers Pre-Closing Obligations. Sellers performs all of its material
obligations required to be performed by Sellers under this Agreement prior to the Close of
Escrow.
3.4 Sellers' Conditions to Close of Escrow. Provided that the failure of any such
condition to be satisfied is not due to a Default under this Agreement by Sellers, Sellers'
obligation to sell and convey fee title to the Property to the Agency pursuant to this Agreement
on or before the Escrow Closing Date shall be subject to the satisfaction or waiver of each of the
following conditions precedent, each of which can only be waived in writing by Sellers:
3.4.1 Title. The Agency agrees to accept the conveyance of the Property,
pursuant to Section 2.4;
3.4.2 Due DiligeDc .
ts Due Diligence Comeon
Notice to both Sellers and the Escrow Agent stab Agency r
the Agencyy,sacceptance of the ondition of
the Property;
3.4.3 Title Policv. The Title Company is, upon payment of the Title
Company's standard premium for an insurance policy such as the Title Policy, irrevocably and
unconditionally committed to issue the Title Policy to the Agency, at the Close of Escrow;
3.4.4 CEOA` Documents. Final adoption, approval or certification of the
CEQA Documents;
3.4.5 Agency Escrow Deposits. The Agency deposits all of the items into
the Escrow required by Section 3.6;
3.4.6 Settlement/Closing Statement. Sellers approves the Escrow Agent's
estimated Escrow closing/settlement statement; and
3.4.7 Agency Pre-Closing Obligations. The Agency performs all of its
material obligations required to be performed by the Agency under this Agreement prior to the
Close of Escrow.
ORANGEIQTANGA3425.2 17
3.5 Seller Leaseback. On or prior to Close of Escrow, Agency and Buyer shall
execute a lease agreement ("Lease") in substantial the form attached hereto as Exhibit "D". The
Lease shall be for a tern for up to twelve (12) months following Close of Escrow. The Lease
shall be at a rental rate of One Dollar ($1.00)per month. The Seller shall be wholly responsible
for the payment of janitorial expenses and utilities during the term of the Lease. Without
limiting the generality of the foregoing, Seller acknowledges that the Lease will be subject to the
payment of possessory interest taxes and that Seller shall be solely responsible for the payment
thereof.
3.6 Agency's Escrow Deposits. At least one (1) business day prior to the Escrow
Closing Date scheduled by the Escrow Agent in a writing delivered to both of the Parties, the
Agency shall deposit the following described funds and documents into the Escrow and,
concurrently, provide a copy of each such document to Sellers:
3.6.1 Purchase Price. The Purchase Price;
3.6.2 Certificate of Acceptance. A certificate of acceptance of the Grant
Deed, in substantially the form attached to the Grant Deed, executed by the authorized
representative(s) of the Agency in recordable form;
3.6.3 PCO Report. A PCO Report completed and signed by the authorized
representative(s) of the Agency;
3.6.4 Other Funds and Documents. Such other funds or documents required
from the Agency under the terms of this Agreement to close the Escrow or by the Escrow Agent
in the performance of the Escrow Agent's contractual or statutory obligations relating to the
Escrow.
3.7 Sellers' Escrow Deposits. At least one (1) business day prior to the Escrow
Closing Date scheduled by the Escrow Agent in a writing delivered to both of the Parties, Sellers
shall deposit the following described funds and documents into the Escrow and, concurrently,
provide a copy of each such document to the Agency:
3.7.1 Grant Deed. The Grant Deed executed by the authorized
representative(s) of Sellers, in recordable form;
3.7.2 FIRPTA Certificate. The FIRPTA Certificate completed and signed
by the authorized representative(s) of Sellers;
3.7.3 Form 593. A Form 593 completed and signed by the authorized
representative(s) of Sellers;
3.7.4 Other Funds and Documents. Such other funds or documents required
from Sellers under the terms of this Agreement to close the Escrow or by the Escrow Agent in
the performance of the Escrow Agent's contractual or statutory obligations regarding the Escrow.
3.8 Closing Procedure. When each of the Agency's Escrow deposits, as set forth in
Section 3.6, and each of Sellers' Escrow deposits, as set forth in Section 3.7, are deposited into
ORANGEIQTANG\43425.2 18
the Escrow, the Escrow Agent shall request confirmation in writing from both the Agency and
Sellers that each of their respective conditions to the Close of Escrow, as set forth in Sections 3.3
and 3.4, respectively, are satisfied or waived. Upon the Escrow Agent's receipt of written
confirmation from both the Agency and Sellers that each of their respective conditions to the
Close of Escrow are either satisfied or waived, the Escrow Agent shall schedule the Escrow
Closing Date by written Notice to both Parties and, thereafter, shall close the Escrow on or
before the Escrow Closing Date by doing all of the following:
3.8.1 Recordation and Distribution of Recorded Documents. The Escrow
Agent shall file the following documents with the office of the Recorder of the County for
recording in the official records of the County, in the following order, at the Close of Escrow: (i)
the Grant Deed, with the Agency's original certificate of acceptance attached, and (ii) any other
documents to be recorded through the Escrow upon the joint instructions of the Parties. The
Escrow Agent shall deliver conformed copies of all documents filed for recording in the official
records of the County through the Escrow to the Agency, Sellers and any other Person designated
in the written joint escrow instructions of the Parties to receive an original or conformed copy of
each such document. Each copy of a document filed for recording shall show all recording
information. The Parties intend and agree that this Section 3.8.1 shall establish the relative
priorities of the documents to be recorded in the official records of the County through the
Escrow, by providing for recordation of senior interests prior in time to junior interests, as
provided in this Section 3.8.1;
3.8.2 Distribution of Other Documents. The Escrow Agent shall deliver
copies of all documents delivered through the Escrow to the Agency, Sellers and any other
Person designated in the written joint escrow instructions of the Parties to receive an original or
copy of each such document;
3.8.3 Title Policy. Obtain and deliver the Title Policy to the Agency;
3.8.4 Funds. Deliver the Purchase Price to Sellers, less any amount required
to be withheld and paid to the State Franchise Tax Board pursuant to Revenue and Taxation
Code Section 18662 (see Section 3.10), any amount required to be paid to satisfy any
encumbrances against the Property securing monetary obligations of Sellers and any other
charges to the account of Sellers pursuant to the terms of this Agreement, and return all
remaining funds held by the Escrow Agent for the account of the Agency to the Agency, less the
Agency's share of the Escrow closing costs, and less any other charges to the account of the
Agency pursuant to the terms of this Agreement;
3.8.5 FIRPTA Certificate. File the FIRPTA Certificate with the United
States Internal Revenue Service;
3.8.6 Form 593. File the Form 593 with the State of California Franchise
Tax Board; and
3.8.7 PCO Report. File the PCO Report with the County Assessor.
3.8.8 Report to IRS. Following the Close of Escrow and prior to the last
date on which such report is required to be filed with the United States Internal Revenue Service,
ORANGEIQTANG143425.2 19
if such report is required pursuant to Section 6045(e) of the United States Internal Revenue Code,
the Escrow Agent shall report the gross proceeds of the sale of the Property pursuant to this
Agreement to the United States Internal Revenue Service on Form 1099-B, Form W-9 or such
other form(s) as may be specified by the United States Internal Revenue Service pursuant to
Section 6045(e) or its associated Federal regulations. Uponthe filing of such reporting form
with the United States Internal Revenue Service, the Escrow Agent shall deliver a copy of the
filed form to both the Agency and Sellers.
3.9 Close of Escrow. The Close of Escrow shall occur on or before the Escrow
Closing Date. The Parties may mutually agree to change the Escrow Closing Date by joint
written instruction to the Escrow Agent. If for any reason the Close of Escrow has not occurred
on or before the Escrow Closing Date, then any Party not then in Default under this Agreement
may cancel the Escrow and terminate this Agreement, without liability to the other Party or any
other Person for such cancellation and termination, by delivering written Notice of termination to
both the other Party and the Escrow Agent. Following any such Notice of termination of this
Agreement and cancellation of the Escrow, the Parties and the Escrow Agent shall proceed
pursuant to Section 3.15. Without limiting the right of either Party to cancel the Escrow and
terminate this Agreement, pursuant to the first sentence of this Section 3.9, if the Escrow does
not close on or before the Escrow Closing Date and neither Party has exercised its contractual
right to cancel the Escrow and terminate this Agreement under this Section 3.9 before the first
date on which the Escrow Agent Notifies both Parties that the Escrow is in a position to close,
then the Escrow shall close as soon as reasonably possible following the first date on which the
Escrow Agent Notifies both Parties that the Escrow is in a position to close,pursuant to the terms
and conditions of this Agreement.
3.10 Withholding Requirements. The Parties acknowledge that California Revenue
and Taxation Code Section 18662 requires the Agency to withhold from funds otherwise payable
to Sellers at the Close of Escrow an amount equal to three and one-third percent (3 1/3%) of the
total Purchase Price for the Property and submit such amount to the California Franchise Tax
Board, unless the Agency is relieved of such withholding requirements in accordance with the
provisions of California Revenue and Taxation Code Section 18662.
3.11 Taxes and Prorations. All Real Estate Taxes shall have been paid by Sellers and
be current as of the Close of Escrow. There shall be no pro-ration of Real Estate Taxes. To the
extent that Sellers has prepaid any Real Estate Taxes, Sellers shall be solely responsible for
obtaining any refund of Real Estate Taxes to which Sellers may be entitled from the taxing
authority. Sellers shall also be responsible for any supplemental Real Estate Taxes assessed
pursuant to California Revenue and Taxation Code Section 75, et seg., applicable to any period
prior to the Close of Escrow.
3.12 Possession; Risk of Loss. The Agency shall be entitled to sole possession of the
Property immediately upon Close of Escrow. All risk of loss or damage to the Property will pass
from Sellers to the Agency at the Close of Escrow. In the event that material loss or damage
occurs to the Property prior to the Close of Escrow, the Agency may terminate this Agreement
and cancel the Escrow by written Notice of Termination.
ORANGEIQTAW43425.2 20
3.13 Escrow Closing Costs, Taxes and Title Policy Premium. The Agency and
Sellers shall each pay One-half(1/2) of the Escrow fees and such other costs as the Escrow Agent
may charge for conducting the Escrow. Sellers shall pay the premium charged by the Titements or other supplements to the Company for the Title Policy, exclusive of any endors
coverage of the Title Policy that may be requested by the Agency. The Agency shall pay any
and all recording fees, any documentary transfer tax, taxes levied by any Government arising
from or relating to the sale of the Property pursuant to this Agreement and through the Escrow
(exclusive of any income taxes and any property taxes to be paid by Sellers pursuant to Section
3.9) the cost of any endorsements or supplements to the coverage of the Title Policy requested by
the Agency. The Escrow Agent shall notify the Agency and Sellers of the costs to be bome by
each of them at the Close of Escrow by delivering the Escrow Agent's estimated Escrow
closing/settlement statement to both the Agency and Sellers, at least two (2) business days prior
to the Escrow Closing Date.
3.14 Escrow Cancellation Charges. If the Escrow fails to close due to an Event of
Default attributable to the Agency, the Agency shall pay all customary and reasonable
cancellation charges regarding cancellation of the Escrow and the Title Policy order, if any. If
the Escrow fails to close due to an Event of Default attributable to Sellers, Sellers shall pay all
customary and reasonable cancellation charges regarding cancellation of the Escrow and the
Title Policy order, if any. If the Escrow fails to close for any reason other than an Event of
Default attributable to either the Agency or Sellers, the Agency and Sellers shall each pay one-
half (1/2) of all customary and reasonable cancellation charges regarding cancellation of the
Escrow and the Title Policy order, if any.
3.15 Escrow Cancellation. If the Escrow is cancelled and this Agreement is
terminated pursuant to a contractual right granted to a Party in this Agreement to cancel the
Escrow and terminate this Agreement, the Parties shall pay any associated cancellation charges
in accordance with Section 3.14 and do each of the following:
3.15.1 Cancellation Instructions. The Parties shall, withi
days following receipt of the En three (3) business
scrow Agent's written request, execute any reasonable Escrow
cancellation instructions requested by the Escrow Agent; and
3.15.2 Return of Funds and Documents
settlement . Within seven (7) days following
receipt by the Parties of a statement from the Escrow Agent of cancellation charges
regarding cancellation of the Escrow and the Title Policy order, if any: (i) Sellers or the Escrow
Agent, respectively, shall return to the Agency any documents previously delivered by the
Agency to Sellers or the Escrow Agent regarding this Agreement, the Property or the Escrow, n
the Agency or the Escrow Agent, respectively, shall return to Sellers all documents previously
delivered by Sellers to the Agency or the Escrow Agent regarding this Agreement, the Property
or the Escrow; (iii) the Escrow Agent shall return to the Agency any funds deposited into the
Escrow by the Agency, including the Earnest Money Deposit, less the Agency's share of any
customary and reasonable cancellation charges regarding cancellation of the Escrow and the Title
Policy order, if any, in accordance with Section 3.14 and (iv) the Escrow Agent shall return to
Sellers any funds deposited into the Escrow by Sellers, less Sellers' share of any customary and
reasonable cancellation charges regarding cancellation of the Escrow and the Title Policy order,
if any, in accordance with Section 3.14.
ORANGE\QTANGW3425.2 21
3.16 Escrow Notices. All Notices from the Escrow Agent to the Parties shall be given
in the manner provided in Section 5.3 of this Agreement.
ARTICLE 4
REMEDIES AND INDEMNITY
4.1 PRE-CLOSING LIQUIDATED DAMAGES TO SELLERS. DURING THE
CONTINUANCE OF AN EVENT OF DEFAULT BY THE AGENCY UNDER THIS
AGREEMENT, PRIOR TO THE CLOSE OF ESCROW, SELLERS MAY CANCEL THE
ESCROW AND TERMINATE THIS AGREEMENT. UPON CANCELLATION OF THE
ESCROW AND TERMINATION OF THIS AGREEMENT, SELLERS SHALL BE
RELIEVED OF ANY OBLIGATION UNDER THIS AGREEMENT TO SELL AND CONVEY
THE PROPERTY TO THE AGENCY. ANY SUCH ESCROW CANCELLATION AND
TERMINATION OF THIS AGREEMENT SHALL BE WITHOUT ANY LIABILITY OF
SELLERS TO THE AGENCY OR ANY OTHER PERSON. SELLERS AND THE AGENCY
ACKNOWLEDGE THAT IT IS EXTREMELY DIFFICULT AND IMPRACTICAL TO
ASCERTAIN THE AMOUNT OF DAMAGES THAT WOULD BE SUFFERED BY
SELLERS, IN THE EVENT OF A CANCELLATION OF THE ESCROW AND
TERMINATION OF THIS AGREEMENT DUE TO THE OCCURRENCE OF AN EVENT OF
DEFAULT BY THE AGENCY UNDER THIS AGREEMENT,. PRIOR TO THE CLOSE OF
ESCROW. HAVING MADE DILIGENT BUT UNSUCCESSFUL ATTEMPTS TO
ASCERTAIN THE ACTUAL, DAMAGES THAT SELLERS WOULD SUFFER, IN THE
EVENT OF A CANCELLATION OF THE ESCROW AND TERMINATION OF THIS
AGREEMENT DUE TO THE OCCURRENCE OF AN EVENT OF DEFAULT BY THE
AGENCY UNDER THIS AGREEMENT PRIOR TO THE CLOSE OF ESCROW, SELLERS
AND THE AGENCY AGREE THAT A REASONABLE ESTIMATE OF SELLERS'
DAMAGES IN SUCH EVENT IS THE PRE-CLOSING LIQUIDATED DAMAGES
AMOUNT. THEREFORE, UPON THE CANCELLATION OF THE ESCROW AND
TERMINATION OF THIS AGREEMENT BY SELLERS DUE TO THE OCCURRENCE OF
AN EVENT OF DEFAULT BY THE AGENCY UNDER THIS AGREEMENT, PRIOR TO
THE CLOSE OF ESCROW, THE PARTIES AND THE ESCROW AGENT SHALL PROCEED
PURSUANT TO SECTION 3.15 TO CANCEL THE ESCROW. THE ESCROW HOLDER
SHALL IMMEDIATELY CANCEL THE ESCROW. THE AGENCY SHALL PAY THE PRE-
CLOSING LIQUIDATED DAMAGES AMOUNT TO SELLERS, UPON ESCROW
CANCELLATION. RECEIPT OF THE PRE-CLOSING LIQUIDATED DAMAGES
AMOUNT SHALL BE SELLERS' SOLE AND EXCLUSIVE REMEDY ARISING FROM
THE CANCELLATION OF THE ESCROW AND TERMINATION OF THIS AGREEMENT
DUE TO THE OCCURRENCE OF AN EVENT OF DEFAULT BY THE AGENCY UNDER
THIS AGREEMENT, PRIOR TO THE CLOSE OF ESCROW.
Initials of Authorized Initials of Authorized
Agency Representative Sellers Representative
0RANGEQTANGA3425.2 22
4-2 Sellers Event of Default Remedies of Agency. The Agency shall have all
remedies available to the Agency at law or in equity under the laws of the State for any Event of
Default by Sellers under this Agreement.
4.3 Legal Actions. Either Party may institute legal action, at law or in equity, to
enforce or interpret the rights and obligations of the Parties under this Agreement, subject to the
Provisions of Section 4.1.
4.4 Rights and Remedies are Cumulative. Except as otherwise expressly stated in
this Agreement, the rights and remedies of the Parties set forth in this Agreement are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same Default
or the same rights or remedies for any other Default.
4.5 Indemnification.
4.5.1 Obligations. The Agency shall Indemnify the Sellers Parties against
any wrongful intentional act or negligence of the Agency Parties and for any other matter for
which the Agency is specifically obligated to indemnify Sellers pursuant to this Agreement.
Sellers shall Indemnify the Agency Parties against any wrongful intentional act or negligence of
the Sellers Parties and for any other matter for which Sellers is specifically obligated to
indemnify the Agency pursuant to this Agreement. Notwithstanding anything to the contrary in
this Agreement, no Indemnitor shall be required to Indemnify any Inderrmitee to the extent of the
Indemnitee's wrongful intentional acts or negligence. Nothing in this Section 4.5 or any other
Provision of this Agreement is intended to modify any claim requirements or limitations periods
provided for in the California Government Code Sections 800, et seq. or Sections 900, et seg.
4.5.2 Independent of Insurance Obligations. Each
Indemnify any Person under this Agreement is independent of any insurance Party'
s
by sir h
Party, any insurance shall not in any way restrict, limit, or modify a Party's obligation to
Indemnify a Person under this Agreement and such indemnity obligation is independent of each
Party's other obligations under this Agreement.
4.5.3 Survival of Indemnification and Defense Obli ations. The indemnity
and defense obligations of the Parties under this Agreement shall survive the expiration or earlier
termination of this Agreement, until all Claims against any of the Indemnitees are fully, finally,
absolutely and completely barred by applicable statutes of limitations.
4.5.4 Duty t_ oDefend The duty to defend any Indernnitee applies upon
Notice of any Claim, regardless of whether the issues of negligence, liability, fault, default or
other obligation on the part of the Indemnitor or the Indernnitee have been determined. The duty
to defend any Indemnitee applies immediately, regardless of whether the Indemnitee has paid
any amounts or incurred any detriment arising out of or relating (directly or indirectly) to any
Claim. It is the express intention of the Parties that an Indemnitee be entitled to obtain summary
adjudication or summary judgment regarding an Indemnitor's duty to defend the Indemnitee, at
any stage of any Claim within the scope of the Indemnitor's indemnity obligations under this
Agreement.
ORANGEIQTANG\43425.2 23
4.6 Indemnification Procedures. Wherever this Agreement requires any Indemnitor
to Indemnify any Indemnitee:
4.6.1 Prompt Notice. The Indemnitee shall promptly Notify the Indemnitor
of any Claim. To the extent, and only to the extent, that the Indemnitee fails to give prompt
Notice of a Claim and such failure materially prejudices the Indemnitor in providing indemnity
for such Claim, the Indemnitor shall be relieved of its indemnity obligations for such Claim.
4.6.2 Selection of Counsel. The Indemnitor shall select counsel reasonably
acceptable to the Indemnitee. Counsel to Indemnitor's insurance carrier that is providing
coverage for a Claim shall be deemed reasonably satisfactory. Even though the Indemnitor shall
defend the Claim, Indemnitee may, at its option and its own expense, engage separate counsel to
advise it regarding the Claim and its defense. The Indemnitee's separate counsel may attend all
proceedings and meetings. The Indemnitor's counsel shall actively consult with the
Indemnitee's separate counsel. The Indemnitor and its counsel shall, however, fully control the
defense, except to the extent that the Indemnitee waives its rights to indemnity and defense for
such Claim.
4.6.3 Cooperation. The Indemnitee shall reasonably cooperate with the
Indemnitor's defense of the Indemnitee, provided the Indemnitor reimburses the Indemnitee's
actual out of pocket expenses (including Legal Costs)of such cooperation.
4.6.4 Settlement. The Indemnitor may, with the Indemnitee's consent, not
to be unreasonably withheld, settle a Claim. The Indemnitee's consent shall not be required for
any settlement by which all of the following occur: (i) the Indemnitor procures (by payment,
settlement, or otherwise) a release of the Indemnitee from the subject Claim(s) by which the
Indemnitee need not make any payment to the claimant; (ii) neither the Indemnitee nor the
Indemnitor on behalf of the Indemnitee admits liability; (iii) the continued effectiveness of this
Agreement is not jeopardized in any way; and (iv) the Indemnitee's interest in this Agreement is
not jeopardized in any way.
ARTICLE 5
GENERAL PROVISIONS
5.1 City Not a Party. The City is not a Party to this Agreement.
5.2 Executive Director Implementation. The Agency shall implement this
Agreement through its Executive Director. The Executive Director is hereby authorized by the
Agency to issue approvals, interpretations, waivers and enter into certain amendments to this
Agreement on-behalf of the Agency, to the extent that any such action(s) does/do not cause the
Agency to incur, in the aggregate, additional obligations exceeding Twenty-Five Thousand
Dollars ($25,000). All other actions shall require the consideration and approval of the Agency
governing body, unless expressly provided otherwise by action of the Agency governing body.
Nothing in this Section 5.2 shall restrict the submission to the Agency governing body of any
matter within the Executive Director's authority under this Section 5.2, in the Executive
Director's sole and absolute discretion, to obtain the Agency governing body's express and
ORANGBQTANG\43425.2 24
specific authorization on such matter. The specific intent of this Section 5.2 is to authorize
certain actions on behalf of the Agency by the Executive Director, but not to require that such
actions be taken by the Executive Director, without con
body. sideration by the Agency governing
5.3 Notices, Demands and Communications Between the Parties.
5.3.1 Notices. Any and all Notices submitted by either Party to the other
Party or to the Escrow Agent pursuant to or as required by this Agreement shall be proper, if in
writing and transmitted to the address of the Agency, or Sellers, as applicable, set forth in
Section of t or to the Escrow Agent's address set forth in the Escrow Agent's Consent, by one
Or more of the following methods: (i) messenger for immediate personal delivery, ii
nationally recognized overnight (one-night)delivery service (i.e., Federal Express, United Parcel
Service, etc.) or (iii) registered or certified United States mail, postage prepaid, re ( ) a
requested. Such Notices may be sent in the same manner to such Otheraddressesas either Party
may designate, from time to time, by Notice. Any Notice shall be deemed to be received by the
addressee, regardless of whether or when any return receipt is received by the sender or the date
set forth on such return receipt, on the day that it is delivered by personal delivery, on the date of
delivery by a nationally recognized overnight courier service (or when delivery has been
attempted twice, p evidenced h the written report of the courier service) or four (4) calendar
days after it is deposited with the United States Postal Service for delivery as provided in this
Section 5.3. Rejection, other refusal to accept or the inability to deliver a Notice because of.a
changed address of which no Notice was given or other action by a P
sent, shall be deemed receipt of the Notice. erson to whom Notice is
5.3.2 Addresses. The following arc the authorized addresses for the
submission of Notices to the Parties, as of the Effective Date:
To Sellers: Arthur B. and Anna M. Ramirez
1027 North Soldano Avenue
Azusa, CA 91702
Telephone:
ORANGEIQTANG1434251
25
To the Agency: Redevelopment Agency of the City of
Azusa
Attn: Executive Director
213 East Foothill Boulevard
Azusa, CA 91702
Facsimile: (626) 812-5102
Telephone: (626) 812-5200
With Copy to: Best Best & Kreiger, LLP
5 Park Plaza, Suite 1500
Irvine, CA 92614
Telephone: (949)263-2608
Attn: Elizabeth Wagner Hull
5-4 Warranty Against
reement. ellers
represents and warrants that: (i) Sellers rs has not employed retained yon for gPerson to solicit or
secure this Agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees of Sellers; and (ii) no gratuities, in
the form of entertainment, gifts or otherwise have been or will be given by Sellers or any of its
agents, employees or representatives to any elected or appointed official or employee of either
the City or the Agency in an attempt to secure this Agreement or favorable terms or conditions
for this Agreement. Breach of the representations or warranties of this Section 5.4 shall
automatically terminate this Agreement, without further Notice to or action by either Party and
upon any such termination of this Agreement, Sellers shall immediately refund any payments
made to or on behalf of Sellers by the City or the Agency pursuant to this Agreement or
otherwise related to the Property, prior to the date of any such termination.
5.5 Relationship of parties. The Parties each intend and agree that the Agency and
Sellers are independent contracting entities and do not intend by this Agreement to create any
partnership, joint venture, or similar business arrangement relationship or association between
them.
5.6 Survival of Agreement. All of the provisions of this Agreement shall be
applicable to any dispute between the Parties arising from this Agreement, whether prior to or
following expiration or termination of this Agreement, until any such dispute is finally and
completely resolved between the Parties, either by written settlement, entry of a non-appealable
judgment or expiration of all applicable statutory limitations periods and all terms and conditions
of this Agreement relating to dispute resolution and limitations on damages or remedies shall
survive any expiration or termination of this Agreement.
5.7 Non-liability of Officials, Employees and Agents. No Agency Party shall be
Personally liable to Sellers, or any successor in interest of Sellers, in the event of any Default or
breach by the Agency under this Agreement or for any amount that may be or become due to
Sellers or any successor in interest of Sellers, on any obligations under the terms or conditions of
this Agreement.
ORANGEIQTANGW3425.2 26
5.8 Calculation of Time Periods. Unless otherwise specified, all references to time
Periods in this Agreement measured in days shall be to consecutive calendar days, all references
to time periods in this Agreement measured in months shall be to consecutive calendar months
and all references to time periods in this Agreement measured in years shall be to consecutive
calendar years. Any reference to business days in this Agreement shall mean consecutive
business days of the Agency.
5.9 Principles of Interpretation. No inference in favor of or against any Party shall
be drawn from the fact that such Party has drafted any part of this Agreement. The Parties have
both participated substantially in the negotiation, drafting, and revision of this Agreement, with
advice from legal and other counsel and advisers of their own selection. A word, term or phrase
defined in the singular in this Agreement may be used in the plural, and vi
accordance with ordinary principles of English grammar, ce versa, all in which shall govern all language in this
Agreement. The words "include" and "including" in this Agreement shall be construed to is
followed by the words: "without limitation." Each collective noun in this Agreement shall be
interpreted as if followed by the words "(or any part of it)," except where the context clearly
requires otherwise. Every reference to any document, including this he
refers to such
document, as modified from time to time (excepting any modification that violates this
Agreement), and includes all exhibits, schedules, addenda and riders to such document. The
word "or" in this Agreement includes the word "and." Every reference to a law, statute,
regulation; order, form or similar governmental requirement refers to each such requirement as
amended, modified, renumbered, superseded or succeeded, from time to time.
5.10 Governing Law. The Laws of the State shall govern the interpretation and
enforcement of this Agreement, without application of conflicts of laws principles. The Parties
acknowledge and agree that this Agreement is entered into, is to be fully performed in and relates
to real property located in the City of Azusa, County of Los Angeles, State of California. All
legal actions arising from this Agreement shall be led in the Superior Court of the State
filed
for the County or in the United States District Court with in and jurisdiction in the County.
5.11 Agency Attorney Fees and Costs. For the purposes of this Agreement, all
references to Legal Costs in reference to the Agency are intended to include the salaries, benefits
and costs of the City Attorney, as Agency General Counsel, and the lawyers employed in the
Office of the City Attorney who provide legal services regarding the particular matter, adjusted
to or billed at an hourly rate and multiplied by the time spent on such matter rounded to
increments of 1/]0u' of an hour, in addition to Legal Costs of outside counsel retained by the
Agency for any matter..
5.12 Unavoidable Delay; Extension of Time of Performance.
5.12.1 Notice. Subject to any specific provisions of this Agreement stating
that they are not subject to Unavoidable Delay or otherwise limiting or restricting the effects of
an Unavoidable Delay, performance by either Party under this Agreement shall not be deemed,
or considered to be in Default, where any such Default is due to the occurrence of an
Unavoidable Delay. Any Party claiming an Unavoidable Delay shall Notify the other Party: (i)
within ten (10) days after such Party knows of any such Unavoidable Delay; and (ii) within five
(5) days after such Unavoidable Delay ceases to exist. To be effective, any Notice of an
ORANGE\QTANG\43425.2 27
Unavoidable Delay must describe the Unavoidable Delay in reasonable detail. The extension of
time for an Unavoidable Delay shall commence on the date of receipt of written Notice of the
occurrence of the Unavoidable Delay by the Party not claiming an extension of time to perform
due to such Unavoidable Delay and shall continue until the end of the condition causing the
Unavoidable Delay. The Party claiming an extension of time to perform due to an Unavoidable
Delay shall exercise its commercially reasonable best efforts to cure the condition causing the
Unavoidable Delay, within a reasonable time.
5.122 Assumption of Economic Risks. EACH PARTY EXPRESSLY
AGREES THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS, OF EITHER PARTY
SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES IN MARKET
CONDITIONS OR DEMAND OR CHANGES IN THE ECONOMIC ASSUMPTIONS OF
EITHER PARTY THAT MAY HAVE PROVIDED A BASIS FOR ENTERING INTO THIS
AGREEMENT SHALL NOT OPERATE TO EXCUSE OR DELAY THE PERFORMANCE OF
EACH AND EVERY ONE OF EACH PARTY'S OBLIGATIONS AND COVENANTS
ARISING UNDER THIS AGREEMENT. ANYTHING IN THIS AGREEMENT TO THE
CONTRARY NOTWITHSTANDING, THE PARTIES EXPRESSLY ASSUME THE RISK OF
UNFORESEEABLE CHANGES IN ECONOMIC CIRCUMSTANCES AND/OR MARKET
DEMAND/CONDITIONS AND WAIVE, TO THE GREATEST EXTENT ALLOWED BY
LAW, ANY DEFENSE, CLAIM, OR CAUSE OF ACTION BASED IN WHOLE OR IN PART
ON ECONOMIC NECESSITY, IMPRACTICABILITY, CHANGED ECONOMIC
CIRCUMSTANCES, FRUSTRATION OF PURPOSE, OR SIMILAR THEORIES. THE
PARTIES AGREE THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS, EITHER
OF THE PARTY SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES IN
MARKET CONDITIONS OR DEMANDS, SHALL NOT OPERATE TO EXCUSE OR
DELAY THE STRICT OBSERVANCE OF EACH AND EVERY ONE OF THE
OBLIGATIONS, COVENANTS, CONDITIONS AND REQUIREMENTS OF THIS
AGREEMENT. THE PARTIES EXPRESSLY ASSUME THE RISK OF SUCH ADVERSE
ECONOMIC OR MARKET CHANGES, WHETHER OR NOT FORESEEABLE AS OF THE
EFFECTIVE DATE.
Inrtrals ofAuthorized 4tisOfAuth4on��ed
Agency Representative(s) Sellers Representative(s)
5.13 Real Estate Commissions. The Agency shall not be responsible for any real
estate brokerage or sales commissions, finder fees or similar charges that may arise from or be
related to this Agreement or the purchase, sale or conveyance of the Property pursuant to this
Agreement. Sellers shall be solely responsible for any real estate brokerage or sales
commissions, finder fees or similar charges that may arise from or be related to this Agreement
or the purchase, sale or conveyance of the Property pursuant to this Agreement that are claimed
by any Person engaged by Sellers relating to the Property, this Agreement, or the purchase, sale
or conveyance of the Property pursuant to this Agreement. Further, Sellers shall Indemnify the
Agency against any claims for such real estate brokerage or sales commissions, finder fees or
similar charges, in accordance with Section 4.5.
ORANGE\QTANG\43425.2 28
5.14 Binding on Successors and Assigns. This Agreement shall be binding upon and
inure to the benefit of the Parties and their respecti
assigns. ve legal representatives, successors and
5.15 No Other Representations or Warranties. Except as expressly set forth in this
Agreement, no Party makes any representation or warranty materia] to this Agreement to any
other Party.
5.16 Tax Consequences. Sellers acknowledges and agrees that it shall bear any and
all responsibility, liability, costs, and expenses connected in any way with any tax consequences
experienced by Sellers related to this Agreement or the purchase, sale or conveyance of the
Property pursuant to this Agreement.
5.17 No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement on any Person
other than the Parties and their respective permitted successors and assigns, nor is anything in
this Agreement intended to relieve or discharge any obligation of any third-Person to any Party
or give any third-Person any right of subrogation or action over or against any Party.
5.18 Execution in Counterparts. This Agreement may be executed in multiple
counterpart originals, each of which shall be deemed to be an original, but all of which together
shall constitute one and the same document.
5.19 Entire Agreement.
5.19.1 Integrated Agreement, This Agreement includes thirty-two
ages
and five (5) exhibits, that constitute the entire understanding and Agreement of the parties
regarding the Property and the other subjects addressed in this Agreement. This Agreement
integrates all of the terms and conditions mentioned'in this Agreement or incidental to this
Agreement, and supersedes all negotiations or previous agreements between the Parties with
respect to the Property and the other subjects addressed in this Agreement.
5.19.2 No Merger. None of the terms, covenants, restrictions, agreements or
conditions set forth in this Agreement shall be deemed to be merged with any deed conveying
title to any portion of the Property, and this Agreement shall continue in full force and effect
before and after any such instruments, in accordance with its terms.
5.19.3 Waivers Must be in Writin . All waivers Of the provisions of this
Agreement and all amendments to this Agreement must be in writing and signed by the
authorized representative(s)of both the Agency and Sellers.
5.20 Exhibits. All of the Exhibits attached to this Agreement are described as follows:
5.20.1 Exhibit "A." Property Legal Description (Exhibit"A");
5.20.2 Exhibit `B." Form of Escrow Agent Consent (Exhibit "B"); and
5.20.3 Exhibit "C." Form of Grant Deed (Exhibit "C").
ORANGE\QTANGA3425.2 29
5.20.4 Exhibit "D'" Lease Agreement
5.21 Time Declared to be of the Essence. As to the performance of any obligation
under this Agreement of which time is a component, the performance of such obligation within
the time specified is of the essence.
5.22 No Waiver. Failure to insist on any one occasion upon strict compliance with
any term, covenant, condition, restriction or agreement contained in this Agreement shall not be
deemed a waiver of such term, covenant, condition, restriction or agreement, nor shall any
waiver or relinquishment of any rights or powers under this Agreement, at any one time or more
times, be deemed a waiver or relinquishment of such right or power at any other time or times.
[Signatures on following page]
ORANGEIQTANG\43425.2 30
SIGNATURE PAGE
TO
2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(803 North Dalton Avenue, Azusa, CA)
IN WITNESS WHEREOF, the Agency and Sellers have executed this 2008 Real
Property Purchase and Sale Agreement and Joint Escrow Instructions (803 North Dalton
Avenue, Azusa, CA) by and through the signatures of their authorized representative(s) set forth
below:
AGENCY:
Sellers:
Redevelopment Agency of the City of Arthur B. Ramirez and Anna M. Ramirez, as
Azusa, a public body, corporate and politic Trustees of the Ramirez Family Trust
By:
F.M. Detach
Executive Director By. J"&4
Date: tu
urB. Ramirez— Seller
ATTEST: B
Anna M. Ramirez—S ller
Agency Secretary
APPROVED AS TO FORM:
Best Best & Krieger LLP
By:
Agency General Counsel
ORANGEIQTANG�43425.2 31
EXHIBIT "A"
TO
2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(803 North Dalton Avenue, Azusa, CA)
PROPERTY LEGAL DESCRIPTION
A PARCEL OF LAND IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, ADJOINING BLOCK 19 OF AZUSA, AS PER MAP RECORDED IN BOOK
15, PAGE 93 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID BLOCK 19
AND THE WEST LINE OF DALTON AVENUE, 80 FEET WIDE; THENCE SOUTHERLY
ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF THE RIGHT OF WAY
AND DEPOT GROUNDS OF THE SOUTHERN CALIFORNIA RAILWAY CO., (NOW
ATCHISON, TOPEKA AND SANTA FE RAILWAY CO., ); THENCE SOUTHWESTERLY
ALONG SAID NORTHERLY LINE TO A POINT IN A LINE FORMED BY THE
PROLONGATION OF THE EAST BOUNDARY LINE OF LOTS 17, 18, 19, 20, 21 AND 22
IN SAID BLOCK 19; THENCE NORTHERLY ALONG SAID PROLONGATION TO THE
SOUTHEASTERLY CORNER OF LOT 22 IN SAID BLOCK 19; THENCE
NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID BLOCK 19 TO THE
POINT OF BEGINNING.
Exhibit"A"
ORANGEIQTANG43425.2 Property Legal Description
EXHIBIT "W1
TO
2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(803 North Dalton Avenue, Azusa, CA)
FORM OF ESCROW AGENT CONSENT
ESCROW AGENT CONSENT
LAND AMERICAN SOUTHLAND TITLE accepts that certain 2008 Real Property
Purchase and Sale Agreement and Joint Escrow Instructions, dated
and between the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a publico body08, },
corporate and politic, and Arthur B. and Anna M. Ramirez, as joint tenants, agrees to act as
"Escrow Agent" pursuant to such agreement and agrees to be bound by all provisions of such
agreement applicable to it as the Escrow Agent.
ESCROW AGENT:
By:
Name: Enid Tobias LandAmerica
Southland Title Company
Its:
Dated:
Notice Address:
7530 Glenoaks Boulevard
Burbank, CA 91504
Attn: Enid Tobias
Exhibit`B"
ORANG E\QTANG\43425.2 Form Of Escrow Agent Consent
EXHIBIT "C"
TO
2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(803 North Dalton Avenue, Azusa, CA)
FORM OF GRANT DEED
[To be attached following this cover page]
ORANGBQTANGk43425-2 _j_
RECORDING REQUESTED BY:
[Title Company]
[Address]
Escrow and Order No.
WHEN RECORDED MAIL TO:
Redevelopment Agency of the City of Azusa
Attn: Executive Director
213 East Foothill Boulevard
Azusa, CA 91702
APN 8608-027-008 Exempt from Recording Fees per Govt. Code§27383
Exempt from Documentary Transfer Tax per Calif.Rev.&Tax. Code§. 11922
GRANT DEED
FOR VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
ARTHUR B. RAMIREZ AND ANNA M.RAMIREZ, AS TRUSTEES OF THE
RAMIREZ FAMILY TRUST,
do hereby grant and convey to
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body,
corporate and politic
all that certain real property situated in the City of Azusa, County of Los Angeles, State of
California,more fully described in EXHIBIT A attached hereto and incorporated herein by
reference.
GRANTORS:
Dated: By:
Arthur B. Ramirez, Trustee of the Ramirez
Family Trust
Dated: By:
Anna M. Ramirez, Trustee of the Ramirez
Family Trust
Exhibit"C"
Form Of Grant Deed
ORANGEIQTANGW3425.2
NOTARY ACKNOWLEDGMENT
(California All-Purpose Acknowledgment)
STATE OF CALIFORNIA
COUNTY OF
On 2008 before me, (here insert
name and title of the officer), personally appeared ARTHUR B. RAMIREZ, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public (Seal)
ATTACHED TO: GRANT DEED
[APN 8608-027-008]
Exhibit"C"
Forth Of Grant Deed
ORANGBQTANGb43425.2
NOTARY ACKNOWLEDGMENT
(California All-Purpose Acknowledgment)
STATE OF CALIFORNIA
COUNTY OF
On 2008 before me,
(here insert
name and title of the officer), personally appeared ANNA M. RAMIREZ, who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public (Sea])
ATTACHED TO: GRANT DEED
[APN 8608-027-0081
Exhibit"C"
ORANGPQTANGW34251 Form Of Grant Deed
EXHIBIT A TO
GRANT DEED
Legal Description of Property
A PARCEL OF LAND IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, ADJOINING BLOCK 19 OF AZUSA, AS PER MAP RECORDED IN BOOK
15, PAGE 93 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID BLOCK 19
AND THE WEST LINE OF DALTON AVENUE, 80 FEET WIDE; THENCE SOUTHERLY
ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF THE RIGHT OF WAY
AND DEPOT GROUNDS OF THE SOUTHERN CALIFORNIA RAILWAY CO., (NOW
ATCHISON, TOPEKA AND SANTA FE RAILWAY CO., ); THENCE SOUTHWESTERLY
ALONG SAID NORTHERLY LINE TO A POINT IN A LINE FORMED BY THE
PROLONGATION OF THE EAST BOUNDARY LINE OF LOTS 17, l8, 19, 20, 21 AND 22
IN SAID BLOCK 19; THENCE NORTHERLY ALONG SAID PROLONGATION TO THE
SOUTHEASTERLY CORNER OF LOT 22 IN SAID BLOCK 19; THENCE
NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID BLOCK 19 TO THE
POINT OF BEGINNING.
[APN: 8608-027-0081
ORANGEIQTANGW3425.2
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
CERTIFICATE OF ACCEPTANCE OF
GRANT DEED
[APN 8608-027-008]
This Certificate of Acceptance pertains to the interest in certain real property conveyed
by the Grant Deed dated to which this Certificate of Acceptance is
attached,
from: ARTHUR B. RAMIREZ AND ANNA M. RAMIREZ,AS
TRUSTEES OF THE RAMIREZ FAMILY TRUST ("Grantors")
to: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public
body, corporate and politic ("Grantee")
Said Grant Deed is hereby accepted by the undersigned officer on behalf of Grantee
pursuant to authority conferred by the Grantee's governing board, and Grantee hereby consents
to recordation of said Grant Deed.
Dated_ REDEVELOPMENT AGENCY OF THE CITY OF
AZUSA, a public body, corporate and politic
By:
Executive Director
ATTEST:
Agency Secretary
Exhibit"C"
Form Of Grant Deed
ORANGtIQTANGW 3425.2
EXHIBIT "D"
TO
2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(803 North Dalton Avenue, Azusa, CA)
LEASE AGREEMENT
[To be attached following this cover page]
Exhibit"C"
ORANGEIQTANGt43425.2 Form Of Grant Deed
LEASE AGREEMENT
1. PARTIES AND DATE.
This Lease Agreement is entered into as of the day of 2008 by and between the
Redevelopment Agency of the City of Azusa, a public body, corporate and politic ("Landlord"),
and ARTHUR B. and ANNA M. RAMIREZ, doing business as
("Tenant").
2. RECITALS.
A. Tenant was the owner in fee of certain real property located in the City of Azusa,
County of Los Angeles, State of California commonly known as 803 North Dalton Avenue,
Azusa, California(Assessor Parcel Number 8608-027-008), more fully described in Exhibit"A"
and depicted in Exhibit"A" attached hereto and incorporated herein by reference ("Property").
The term"Property" as used herein shall include all of Sellers' rights, title and interest in and to
any and all improvements, fixtures, rights-of-way, utility rights, entitlements, claims or other
benefits in any way connected with or appurtenant to the Property.
B. Tenant entered into that certain Purchase and Sale Agreement ("Purchase
Agreement") to sell and convey the Property to Landlord.
B. The Property is located within the Redevelopment Project Area
and governed by the Redevelopment Plan for the
Project Area ("Redevelopment Plan").
C. Pursuant to the terms of the Purchase Agreement Agency has acquired title to the
Property and now desires to lease the Property back to Tenant on the terms and conditions
contained herein.
D. Tenant understands, acknowledges and agrees that this Lease Agreement is a new
post acquisition agreement executed by and between Tenant and Landlord for Tenant's lease of
the Property and is not an extension of any prior lease or agreement. As such, this Lease
Agreement does not create any new or greater right to relocation benefits for Tenant upon its
termination. Instead,both Tenant and Landlord agree that this Lease Agreement has been
executed subsequent to Landlord's acquisition of the Property.
E. Upon the terms and conditions set forth hereinafter, Landlord desires to lease the
Property to Tenant and Tenant desires to lease the Property from Landlord for the purpose of
operating the Showcase Theatre.
NOW THEREFORE, in consideration of the foregoing Recitals, which are incorporated
herein by reference and are a substantive part of this Agreement, and the covenants, warranties,
and promises contained herein, the receipt of which is hereby acknowledged, the Parties hereby
agree as follows:
0RANGETHULL413650.1
3. TERMS.
1. Term. The term of this Lease Agreement shall commence on the _ day of
, 2008 and shall continue until terminated, or on 2009,
whichever occurs earlier. .
2. Rent. Tenant shall pay to Landlord, as rent, the sum of One Dollars ($1) per
month. The first rental payment shall be due on 2008. Further monthly rental
payments shall be due and payable on the first day of each month following the first rental
payment. There will be a Late Rent Charge of Dollars ($_.00), for any rental
payment received after the first day of the month. There will also be a Returned Check Charge
of Dollars ($_.00).
3. Use of Property. Tenant shall: (i) observe and comply with all City, County and
State restrictions, laws and ordinances affecting the Property or occupancy thereof, (ii) not
commit any waste or suffer any waste to be committed on the Property; and (iii) only use the
Property for purposes of operating
4. Covenants of Tenant. The Tenant herein covenants by and for itself, its heirs,
executors, administrators, and assigns, and all persons claiming under or through it, and this
Lease Agreement is made and accepted upon and subject to the following conditions:
4.1 That there shall be no discrimination against or segregation of any person
or group of persons, on account of race, color, creed, religion, sex, marital status, national origin,
or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the
premises herein Lease Agreement nor shall the Tenant itself, or any person claiming under or
through it, establish or permit any such practice or practices of discrimination or segregation
with reference to the selection, location, number, use, or occupancy, of tenants, lessees,
sublessees, subtenants, or vendees in the premises herein rented.
4.2 Tenant acknowledges that, pursuant to applicable provisions of State law,
Tenant may be entitled to owner participation rights, relocation assistance, the payment of
certain relocation expenses, payments for loss of goodwill,just compensation, inverse
compensation, unlawful pre-condemnation conduct and other benefits and reimbursements
relating to these Lease (collectively,the `Benefits") that are not expressly or independently set
forth in this Lease Agreement. Tenant, on behalf of itself, its administrators, successors and
assigns, acknowledges and agrees that the Agency's performance under the Purchase Agreement
and payment of the Purchase Price constitutes full and complete satisfaction of the Agency's
obligations, if any, to provide the Benefits to Tenant.
4.2.1 Initials. The representations,warranties, acknowledgments,
waivers and releases contained in this Section 4.2 shall survive the termination of this Lease
Agreement.
Initials of Authorized
2
ORANGMEHULL413650.1
Tenant Representative(s)
5. Utilities. Tenant shall make all arrangements for and pay for all utilities and
services supplied to the Property, including, without limitation, gas, heat, light, power and
telephone, and for all connection charges. The Landlord will be responsible to pay for water and
trash collection only.
6. Taxes and Assessments. Landlord shall pay and be solely responsible for all
property taxes and assessments, licenses, or fees or fines associated with the Landlord's
ownership of the Property; provided, however, that Tenant shall be responsible for and shall
indemnify Landlord against any costs or expenses which are related to the conduct of Tenant's
business upon the Property or which costs or expenses are due, in part or in whole, to Tenant's
fault.
7. Repairs and Maintenance. Tenant shall keep the Property in a clean and
sanitary manner and shall surrender the same at termination hereof, in as good condition as
received, normal wear and tear excepted. Landlord shall be solely responsible for making all
major repairs (i.e. water heater replacement, plumbing problems, cosmetic, roofing repairs, etc.)
and maintaining the Property during the term of this Lease Agreement. Landlord shall not be
required to pay for any tenant required upgrades such as applicable electrical, plumbing or air
conditioning units or sign improvements, etc.
8. Condition of Property. Tenant has examined the Property and shall take
possession of same, "as is". Tenant acknowledges and agrees that Landlord has made absolutely
no representations or warranties regarding the Property, nor has Landlord made representations
or warranties regarding whether the Property and improvements thereon comply with applicable
covenants and restrictions of record, building codes, ordinances or statutes in effect at the
commencement date of this Lease Agreement.
9. Alterations, Additions, and Improvements. Tenant may not make any
alterations, improvements or additions in, about or of the Property without Landlord's prior
written consent.
9.1 All alterations which become fixtures under California law shall at once
become a part of the realty and belong to the Landlord, unless Tenant removes the fixtures prior
to the termination of the Lease Agreement and repairs any damage caused by said removal.
9.2 Tenant shall keep the Property free from any liens arising out of any work
performed, materials furnished or obligations incurred by the Tenant, and Tenant shall be
responsible for the removal of any such liens and all costs to remove same. Failure to remove
any such liens within thirty (30) calendar days of written request by Landlord shall constitute a
default of this Lease Agreement.
9.3 At its election, but without having any obligation to do so, the Landlord
may pay such liens not so removed by the Tenant and the Tenant shall, within ten (10) days
following the receipt of written request from the Landlord, reimburse Landlord for all such costs
incurred by the Landlord with respect to the removal of such liens.
3
ORANGEEHULLk43650.1
10. Exculpation of Landlord. Landlord shall not be liable to Tenant for any damage
to Tenant or Tenant's personal property from any cause. Tenant waives all claims against
Landlord for damage to persons or property arising from Tenant's use of the Property.
11. Indemnity. Tenant agrees to indemnify and hold Landlord, its elected and
appointed officials, agents, successors and assigns, and the personal property of the Landlord,
including said Property, free and harmless of any and all claims, liability, loss, damage, or
expenses resulting from Tenant's occupation and use of said Property, specifically including,
without limitation, any claim liability, loss or damage arising by reason of:
11.1 The death or injury of any person or persons, including Tenant or any
person who is an employee, agent, guest, licensee or otherwise associated with Tenant, or by
reason of the damage or destruction of any property, including property owned by Tenant or any
person who is an employee, agent, guest, licensee or otherwise associated with Tenant, and
caused or allegedly caused by either the condition of said premises, or some act or omission of
Tenant or of some employee, agent, guest, licensee or otherwise associated with Tenant on said
Property; and
11.2 Any work performed on said Property or materials furnished to said
Property at the insistence or request of Tenant or by any agent or employee of Tenant; and
11.3 Tenant's failure to perform any provision of this Lease Agreement or to
comply with any requirement of law or any requirement imposed on Landlord or the rented
Property by any duly authorized governmental agency or political subdivision.
11.4 The use, generation, storage or disposal of Hazardous Materials by Tenant
and the costs of any required or necessary repair, cleanup, or detoxification to the full extent that
such liability is attributable, directly or indirectly, to the presence or,use, generation, storage,
release, threatened release, or disposal of Hazardous Materials by Tenant on the Property. For
the purpose of this Section, Hazardous Materials shall include, without limitation, substances
defined as "hazardous substances", "hazardous materials", "toxic substances", "hazardous
wastes", "extremely hazardous wastes", or "restricted hazardous wastes", or stated to be known
to cause cancer or reproductive toxicity, under the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 U.S.C. sections 9601, et sem; the
Hazardous Materials Transportation Act, 49 U.S.C. sections 1801, et seg; the Resource
Conservation and Recovery Act, 42 U.S.C. sections 6901, et seg; the Federal Water Pollution
Control Act, 33 U.S.C. sections 1317, et sem; sections 25115, 25117, 25122.7, 25140, 25249.5,
25249.8, 25281, 25316 or 25501 of the California Health & Safety Code; or any substances so
defined or stated in any of the regulations adopted and publications promulgated pursuant to said
laws as they may be amended from time to time.
12. Attorney's Fees. Should any procedures be commenced by Landlord to enforce
the provisions provided in this Lease Agreement or should any litigation be commenced between
the parties to this Lease Agreement concerning said Property,this Lease Agreement, or the rights
and duties of either in relation thereto, the Landlord or Tenant prevailing in such litigation shall
be entitled in addition to such other relief as may be granted in the litigation to a reasonable sum
4
ORANGE\EHULL\43650.1
for its attorney's fees in such litigation which will be determined by a court in such litigation or
in a separate action brought for that purpose.
13. Entry and Inspection. Tenant shall permit Landlord or Landlord's agents to
enter the Property at reasonable times and upon reasonable notice for the purpose of inspecting
the Property.
14. Assignment. Tenant agrees not to convey, assign or encumber any interest in the
Property during the term of this Lease Agreement without first obtaining Landlord's prior
written approval which may be granted in Landlord's sole and absolute discretion. Any
attempted sale, conveyance, assignment or encumbrance shall be void, if prior written approval
has not been obtained from Landlord.
5
ORANGMEHULB43650.1
15. Default.
15.1 Any of the following events or occurrences shall constitute a material
breach of this Lease Agreement by Tenant and shall constitute an event of default.
15.1.1 The failure by Tenant to pay Landlord any amount in full
when it is due under the Lease Agreement;
15.1.2 Abandonment, vacation,.or surrender of the Property by
Tenant without Landlord's prior written consent (failure to occupy and/or operate the Property
for ten (10) consecutive days shall be deemed an abandonment and vacation unless at least ten
(10) days before failing to occupy or operate the Property Tenant gives Landlord written notice
that Tenant intends to continue using the Property and will continue maintaining the Property
while it is vacant), or the dispossession of Tenant from the Property (other than by Landlord by
process of law or otherwise);
15.1.3 The failure by Tenant to perform any other obligation
under this Lease Agreement, if the failure has continued for a period of ten (10) days after
Landlord demands in writing that Tenant cure the failure. If, however, by its nature, the failure
cannot be cured within ten (10) days, Tenant may have a longer period as is necessary to cure the
failure, but this is conditioned upon Tenant's promptly commencing to cure within the ten (10)
day period and thereafter diligently completing the cure.
15.1.4 Notices given under this Section 15.1 shall specify the
alleged default and the applicable Section(s), and shall demand that Tenant perform as provided
under the applicable Section(s) or pay the rent that is in arrears, as the case may be, within the
applicable period of time, or quit the premises. No such notice shall be deemed a forfeiture or a
termination of this Lease Agreement unless Landlord so elects in the notice.
15.2 Any of the following events or occurrences shall constitute a material
breach of this Lease Agreement by Landlord and shall constitute a default:.
15.2.1 The failure of Landlord to perform any obligation under
this Lease Agreement, if the failure has .continued for a period of ten (10) days after Tenant
demands in writing that Landlord cure the failure. If, however, by its nature, the failure cannot
be cured within ten (10) days, Landlord may have a longer period as is necessary to cure the
failure, but this is conditioned upon Landlord's promptly commencing the cure within the ten
(10) day period and thereafter diligently completing the cure.
16. Destruction. If during the term that this Lease Agreement is in effect, the
Property is totally or partially destroyed, rendering the Property totally or partially inaccessible
or unusable, Tenant shall restore the Property to substantially the same condition as they were in
immediately before destruction. Such destruction shall not terminate this Lease Agreement.
Tenant waives the provisions of Civil Code Section 1933(4) with respect to any destruction of
the Property.
6
ORANGE\EHULU43650.1
17. General Provisions.
17.1 Notices. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered or sent by registered or certified
mail, postage prepaid, return receipt requested, telegraphed, delivered or sent by telex, telecopy
or cable and shall be deemed received upon the earlier of(i) if personally delivered, the date of
delivery to the address of the person to receive such notice, (ii) if mailed, three (3) business days
after the date of posting by the United States post office, (iii) if given by telegraph or cable, one
(1) business day after the date delivered to the telegraph company with charges prepaid.
To Landlord: Redevelopment Agency of the City of Azusa
152 East Foothill Blvd.
Azusa, California 91702
Attn: Executive Director
With a Copy to: Best Best &Krieger LLP
5 Park Plaza, Suite 1500
Irvine, CA 92610
Attn: Elizabeth Wagner Hull, Esq.
To Tenant:
Notice of change of address shall be given by written notice in the manner
detailed in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent.
17.2 Required Actions of Tenant and Landlord. Tenant and Landlord agree to
execute such instruments and documents and to diligently undertake such actions as may be
required in order to consummate all terms and conditions of this Lease Agreement.
17.3 Counterparts. This Lease Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute one and the same instrument.
17.4 Captions. Any captions to, or headings of, the sections or subsections of
this Lease Agreement are solely for the convenience of the parties hereto, are not a part of this
Lease Agreement, and shall not be used for the interpretation or determination of the validity of
this Lease Agreement or any provision hereof.
17:5 No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Lease Agreement shall not be deemed to confer any
rights upon, nor obligate any of the parties thereto, to any person or entity other than the parties
hereto.
7
ORANGE\EHULU43650.1
t
17.6 Amendment of Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
17.7 Waiver. The waiver or failure to enforce any provision of this Lease
Agreement shall not operate as a waiver of any future breach of any such provision or any other
provision hereof.
17.8 Applicable Law. This Lease Agreement shall be governed by and
construed in accordance with the laws of the State of California.
17.9 Fees and Other Expenses. Except as otherwise provided herein, each of
the parties shall pay its own fees and expenses in connection with this Lease Agreement.
17.10 Authority to Execute Agreement. Landlord and Tenant warrant that the
individuals who have signed this Lease Agreement have the legal power, right and authority to
enter into this Lease Agreement so as.to bind each party for whom they sign to perform as
provided herein.
17.11 Entire Lease Agreement. This Lease Agreement supersedes any prior
agreements, negotiations and communications, oral or written, and contains the entire agreement
between Tenant and Landlord as to the subject matter hereof. No subsequent agreement,
representation, or promise made by either party hereto, or by or to an employees, officer, agent
or representative of either party shall be of any effect unless it is in writing and executed by the
party to be bound thereby.
17.12 Successors and Assigns. This Lease Agreement shall be binding upon and
shall inure to the benefit of the successors and assigns of the parties hereto. Tenant shall be
responsible for the acts or omissions of its sublessee(s).
17.13 Incorporation of Recitals. Each and all of the Recitals to this Lease
Agreement are incorporated by reference as though fully set forth.
17.14 Time of Essence. Time is of the essence with respect to each and every
provision hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement as of
the day and year first-above written.
[SIGNATURES ON NEXT PAGE]
8
ORANGMEHULL\43650.1
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
By:
F.M. Delach
Executive Director
Approved as to Form:
By:
Best Best & Krieger LLP
Agency Counsel
TENANT
By:
By:
9
ORANGE\EHULL\43650.1
EXHIBIT "A"
PROPERTY DESCRIPTION
10
ORANGE\EHULL\43650.1
CJ
OW
CITY OF AZUSA
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
MONDAY, FEBRUARY 4,2008-11:07 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
AChairman Rocha called the meeting to order. Call to Order
ROLL CALL - Roll Call
PRESENT: DIRECTORS: GONZALES,CARRILLO,MACIAS, HANKS,ROCHA
ABSENT: DIRECTORS: NONE
ALSO PRESENT: Also Present
General Counsel Carvalho, Executive Director Delach,Assistant Executive Director Person,City
Department Heads,Secretary Mendoza, Deputy Secretary Toscano.
THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED JOINTLY TO Convene jointly
CONSIDER THE FOLLOWING ITEM:
PROFESSIONAL SERVICES AGREEMENT WITH HOGLE-IRELAND,INC.FOR PREPARATION OF Professional
HOUSING ELEMENT UPDATE. Services Agmt
w/Hogle-Ireland
Moved by Mayor Pro-Tern/Director Hanks,seconded by CouncilmemberMirector Carrillo and Housing Element
unanimously carried to authorize the City Manager/Executive Director to enter into a Update
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 approval was given
for 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 RECESSED AND REDEVELOPMENT AGENCY CONTINUED AT 11:12 P.M. Cncl Recess
The CONSENT CALENDAR consisting of items F-I through F- 3,was approved by motion of Consent Cal.
Director Carrillo,seconded by Director Gonzales and carried. Director Hanks abstained from Approved
item F-2, due to a conflict of interest as he is a member of the Gold Line Construction
Authority Board who will be receiving the money.
1. Minutes of the regular meeting of January 22, 2008, were approved as written. Min approved
2. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSAAPPROVING Res. 08-R4
A PURCHASE AND SALE AGREEMENT FORTHE PURCHASE OF CERTAIN REAL PROPERTY
ACQUISITION OF THE NORTHERLY FORTY FEET OF APN #8608-024-900 AND APN
#8608-028-907 WITHIN THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END
REDEVELOPMENT PROJECT AREA(Metro Gold Line Construction Authority for Target Site).
Director Hanlcs abstained from item F-2,due to a conflict of interest as he Is a member of
the Gold Line Construction Authority Board who will be receiving the money.
3. Resolution was adopted and entitled: ,
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Res. 08-R5
CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY Warrants
FUNDS.
It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn
,TIME OF ADJOURNMENT: 11:13 P.M.
SECRETARY
NEXT RESOLUTION NO. 08-R6.
1
02104/08 PAGE TWO
y
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
AND THE REDEVELOPMENT AGENCY
SPECIAL MEETING-JOINTLY WITH CITY OF DUARTE -
TUESDAY,JANUARY 29,2008-6:07 P.M.
The City Council and the Redevelopment Agency Board Members of the City of Azusa met in
special session at the above date and time in the Azusa Auditorium, located at 213 E.Foothill
Boulevard,Azusa.
Mayor/Chairman Rocha called the meeting to order. Call to Order
Azusa Chief of Police Bob Garcia led in the salute to the Flag. Flag Salute
ROLL CALL Roll Call
PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,ROCHA
ABSENT: COUNCILMEMBERS: HANKS
MEMBERS OF THE DUARTE CITY COUNCIL PRESENT: REYES, FASANA, FINLAY, PARAS- Duarte Cncl
CARACCI,GASTON
ALSO PRESENT: Also Present
City Manager/Executive Director Delach, Assistant City Manager/Assistant Executive Person,
Chief of Police Garcia, Director of Utilities Hsu, Public Information Officer Quiroz, Library
Director Tovar, Recreation Supervisor Hamilton, Economic Development Director Coleman,
Public Works Director Makshanoff, Director of Information Technology Graf, Secretary/City
Clerk Mendoza, Deputy Secretary/Deputy City Clerk Toscano.
PUBLIC PARTICIPATION Pub Part
Mr. Richard Deem addressed Council voicing his opinion against Vulcan mining and the letter R. Deem
they submitted regarding their right to mine the additional 80 acres in the west side of their Comments
property.
Mr. Lino Paras addressed Council voicing his opinion against Vulcan mining noting that clean L. Paras
and bad air has no boundaries. Comments
Mr.AI Contreras of the Upper San Gabriel Valley Water District addressed Council noting that A. Contreras
his concern is the water and the possibility of contamination by the mining. Comments
Mr. Charles Bucker Gwyn addressed Council noting the positive changes in both cities, but C. Gwyn
noted that the backdrop mountains are an eye sore that can be seen from all over; he would Comments
like to see a positive change.
Mr.Allen Hiller addressed Council voicing his opinion against Vulcan mining in the community. A. Hiller
Comments
Ms. Susan Buchanan addressed Council voicing her opinion against the Vulcan mining and S. Buchanan
hopes they receive the message that the community is against it. comments
a
AGENDA ITEMS Agenda Item
The following issues were discussion: Joint Issues
Encanto Parking Restrictions-Discussion was held regarding truck traffic up EI Encanto, Encanto Pkg
speed control,and possible liabilities. City Manager Delach advised that parking restrictions Restrictions
can be lifted during weekends and special events on one side of the street and he would have
City Engineer look-into the feasibility.
Encanto Nature Walk-Deputy City Manager Karen Herrera of Duarte provided an update on Encanto Nature
the Rivers and Mountains Conservancy and what they will be doing with funds for the Nature Walk
Walk.She requested a commitment from Azusa police to patrol more frequently when they are
up and running; completion date is early part of 2009.
Pedestrian Bridge San Gabriel River-City Managers of both cities and Deputy City Manager Pedestrian Bridge
Herrera of Duarte provided information regarding the Issue and discussion was held. Safety SG River
was one of the most important Issues and City Manager Delach was asked to provide costs
estimates for lighting/solar or motion sensor.
Foothill Boulevard Street Conditions/Maintenance-Lengthy discussion was held and It was Foothill Blvd
noted that City of Irwindale and Los Angeles County are taking responsibility for their part of Street Conditions
this area. Some problems noted in that area were poor street condition,roots of trees tearing Maintenance
asphalt, lighting on bridge, dangerous curve and safety in general; it was noted that a traffic
study should be performed as well as the responsibility for those Issues.
San Gabriel River Homeless Issues-Azusa Chief of Police Garcia detailed the intervention SG River
that was performed in the Canyon area in October and issues with homeless.Discussion was Homeless Issues
held regarding responsibility,reporting incidents/suspicious persons and psa regarding dangers
of water and drowning(s).
Mining Issues-Lengthy discussion was held regarding Vulcan mining,its special use permit, Mining Issues
acreage,terms,vested rights,etc. City Attorney Carvalho responded to questions posed and
detailed history, conditions, monitoring, compliance, threats of litigation,general plan, etc.
Question and answer session ensued and many questions were posed regarding the history of
Vulcan Materials; City Attorney Carvalho advised that she would return with responses to
question as soon as possible.
It was consensus of Councilmembers/Directors to adjourn. Adjourn
TIME ADJOURNMENT: 7:57 P.M.
CITY CLERK/SECRETARY -
NEXT RESOLUTION NO. 08-C7
NEXT RESOLUTION NO. 08-R4
01/29/08 PAGE TWO
as of 4
U u.
oyttrou�`�
AGENCY CONSENT ITEM
TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS
FROM: MARCENE HAMILTON, REDEVELOPMENT AGENCY TREASURER
DATE: FEBRUARY 19, 2008
SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASUREWS STATEMENT OF
CASH BALANCES FOR THE MONTH OF DECEMBER 2007
RECOMMENDATION l
It is recommended that the Agency Members receive and file the Agency Treasurer's Statement of
Cash Balances for the Redevelopment Agency of the City of Azusa for the month of December
2007.
BACKGROUND
Transmitted herewith is the Agency Treasurer's Statement of Cash Balances for the Redevelopment
Agency of the City of Azusa ("Agency") for the month of December 2007. Agency investments are
made in accordance with the Redevelopment Agency Investment Policy approved and adopted
with Resolution No. 07-1118 dated June 18, 2007, and Government Code Section 53601.
Investment activity is summarized in the "Treasury Book Balances-Cash and Investments"
schedule, attached herewith and an integral part of this report.
In December,Agency cash and investment balances increased by $1,514,848.93. Cash received
during the month totaled $1,514,848.93, and no disbursements were made.
The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and
investments of$13,806,357.56, Wells Fargo Bank, the fiscal agent, held $7,585,335.83 on behalf
of the Agency. These funds are restricted for payment of debt service on the bonds and special
bond-funded projects. The remaining $6,221,021.73 was available for Agency operating, debt
service, restricted expenses, and outstanding liabilities.
FISCAL IMPACT
The balance of cash and investments and projected revenues for the next six months is expected
to be sufficient to meet cash disbursement requirements for at least the next six months.
Prepared by: Roseanna J.lara, Sr.Acct.-Redevelopment
MH:RIJ/cs
CITY OF AZUSA REDEVELOPMENT AGENCY
AGENCY TREASURER'S STATEMENT OF CASH
AND INVESTMENT COST BALANCES
DECEMBER 2007
Beginning Cash Balance $12,291,508.63
(All Restricted and Unrestricted Accounts & Investments)
Receipts (All Sources) 1,514,848.93
Disbursements 0.00
Ending Cash Balance $13,806,357.56
(All Restricted and Unrestricted Accounts & Investments)
Marcene Hamilton, Agency Treasurer
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES-CASH AND INVESTMENTS
DECEMBER 2007
Maximum
Deposits Cost Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value*
CASH AND INVESTMENTS HELD BY AGENCY TREASURER
Wells Fargo Bank
Government Checking No limit $109.803.76 FDIC up to$100.000.00 Ongoing 0.000% $109,803.76
,$100,000 collalerized by 110%in govn't securities
Securities-Federal Home Loan Note No Limit 2,000,000.00 Backed by faith&credit of Federal Home Loan Bank(FHLB) 02127/09 4.200% 2,000,620.00
Local Agency Investment Fund(LAIF) $20,000,000.00 4,111,217.97 Backed by faith&credit of the State of California Ongoing 4.801% 4,114,009.96
SUBTOTAL CASH AND INVESTMENTS
HELD BY AGENCY TREASURER: $6,221,021.73 $6,224,433.72
Interest Collections: $0.00
CASH AND INVESTMENTS HELD BY FISCAL AGENT
2003 Merged Project Tax Allocation Bonds -
2003A Special Fund
AIM Govt Portfolio No limit 26,155.20 Investments in direct obligations of the U.S.Treasury Ongoing 4.180% 26,155.20
2003A Interest Account
AIM Gov't Portfolio No limit 134.32 Investments in direct obligations of the U.S.Treasury Ongoing 4.180% 134.32
2003A Principal Account .
AIM Govt Portfolio No limit 298.57 Investments in direct obligations of the U.S.Treasury Ongoing 4.180% 298.57
AIG Matched Funding Corporation No limit 1,085,192.59 Guaranteed Investment Agreement 07/29/23 4.780% 1,085,192.59
2003 MergedProject Tax Allocation Bonds Subtotal: $1,111,780.68 $1,111,780.68
Interest Collections: $93.44
2005 Merged Protect Tax Allocation Bonds
2005 Special Fund '
Wells Fargo Advantage Gov't Mmkt No limit $20,892.30 N/A Ongoing 4.190% $20,892.30
2005 Interest Account
Wells Fargo Advantage Govt Mmkl No limit 118.31 N/A Ongoing 4.190% 118.31
2005 Redevelopment Fund
AIM Gov%Portfolio No limit 9.29 Investments in direct obligations of the U.S.Treasury Ongoing 4.180% 9.29
AIM Institutional Prime-Cash Mgmt/MMk No limit 781,634.85 N/A Ongoing 4.740% 781,634.85
2005 Reserve Account
MBIA Flexible Draw Investment Agreement No limit 869,710.38 Guaranteed Investment Agreement 08/01/34 4.765% 869,710.38
CITY OF AZUSA -
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES-CASH AND INVESTMENTS
DECEMBER 2007
Maximum
Deposits Cost Interest Mkt
- Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value'
2005 Merged Project Tax Allocation Bonds Subtotal: $1,672,365.13 $1,672,365.13
Interest Collections: $3,792.46
2007 Merged Protect Tax Allocation Bonds
2007A Bond Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $288.87 NIA Ongoing 3.140% $286.87
2007A Redevelopment Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $4,463,944.86 NIA Ongoing 3.010% $4,463,944.86
2007A Cost of Issuance Account
Wells Fargo Advantage 100%Treasury Mmkt No limit 1,449.79 N/A Ongoing 3.030% 1,449.79
20076 Reserve Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit 329 349.03 N/A Ongoing 3.010% 329,349.03
20078 Cost of Issuance Account
Wells Fargo Advantage 100%Treasury Mmkt No limit 6,159.47 N/A Ongoing 3.000% 6,159.47
2007 Merged Project Tax Allocation Bonds Subtotal: $4,801,190.02 $4,801,190.02
Interest Collections: $13,924.00
SUBTOTAL CASH AND INVESTMENTS
HELD BY FISCAL AGENT: $7,585,335.83 $7,585,335.83
Total-Azusa Redevelopment Agency
Cash and Investments: $13,506,357.56 $13,809,769.55
Total Interest Collections: $17,809.90
Source of Market Value Information:
Wells Fargo Corporate Tmsl,Trustee
Local Agency Investment Fund(LAIF)
Wells Fargo Institutional Securities
Tax Allocation Bond Data is based on Truslee-generated Statements;bond funds listed
herein are restricted for payment of debt service and governed by
strict regulations described in the Trust Indentures.
'Markel Value is the current price at Which a security can be traded or
OOOW
WARRANT REGISTER NO. 13
FISCAL YEAR 2007-08
WARRANTS DATED 01/01/08 THROUGH 01/15/08
FOR REDEVELOPMENT AGENCY MEETING OF 02-19-08 •
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 bylaw and that
the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as
hereinafter set forth:
80-110-REDEVELOPMENT ADMINISTRATION FUND $ 21.169.48
80-125-CBD CAPITAL PROJECTS FUND 38,458.82
80-135-WED CAPITAL PROJECTS FUND
80-185-RANCH CAPITAL PROJECTS FUND
80-165-618-2005 TAX ALLOCATION BONDS FUND
81-155-TAX INCREMENT SET-ASIDE FUND
82-125-CBD DEBT SERVICE FUND
82-135-WED DEBT SERVICE FUND
82-185-RANCH CENTER DEBT SERVICE FUND
TOTAL ALL FUNDS: $ 59.628 30
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 2008.
Chairman
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the
City of Azusa at a regular meeting thereof,held on the day of 2008.
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
Secretary
Ci of Azusa HP 9000 02/14/08 O P E N H 0 L D D B LISTING By Entity NaTe Paqe 1
IIID, FEB 14, 2008, 10:37 AM ---req: FOSE-------leg: GL JL---loe: BI-'ID I---jcb: 566787 #35242---p9m CH400 <1.34> rpt id: CHMER02
SELST FUZ Ores: 80-82 ; Check Issue Dates: 010108-011508
PE ID PE Nave AOJaW NCMBER / JC8 N(NBFR Invoice nffber Ikscripticn St Disc. Ant. Dist. Ant.
V00363 AZLEA CK*2ER OF 8010110000-6601 205 CBPPBFIZ AD 1/4 P PD 0.00 775.00
PEID d: 0.00
d: 775.00
Total: 775.00
V01305 AZLFA CITY FID C 8000000000-3035 2610/0801001 PR#1/08 FD 0.00 255.18
MID d: 0.00
d: 255.18
Total: 255.18
V10604 AZLEA MILDLE WN 8000000000-3020 2618/0801001 PR#1/08 FD 0.00 30.00
PEED Upaid: 0.00
Paid: 30.00
Total: 30.00
V10762 BLAKE & AS,MC. I 8010125000-6325/505800-6325 956304 MLTLN SITE APPR PD 0.00 4,000.00
V10762 g(AKR & ASS. I 8010125000-6399/505825-6399 956404 TAR= SITE APPR PD 0.00 4,000.00
PEDikux�id: 0.00
d: 8,000.00
Total: 8,000.00
V00469 & CSIhP 8010125000-6325 2451110107 APPRSL-ESWARDS P PD 0.00 1,500.00
PEIDd0.00
d:: 1,500.00
Total: 11500.00
V06783 CPITSII2EET 8000000000-3010 2315/08010011/08 PD 0.00 589.82
V06783 CiTISII2FEP 8000000000-3010 1310/0801001 1/O8 FD 0.00 266.87
V06783 CITiSTREEI' 8000000000-3010 2310/0801001 1/08 FD 0.00 446.45
PEID Uyd: 0.00
Paid: 1,303.14
Total: 1,303.14
V00348 C3= HK= I 8000000000-3054 2435/0801001 PR41/08 FD 0.00 19.25
PEID Ulmid: 0.00
a%
City of Azusa HP 9000 02/14/08 O P E N H O L D D B LISTING By P=te/Entity Nage Page 2
FEB 14, 2008, 10:37 AM ---req: FOSE-------leg: GL JL---lcc: BI-'IF]:I-I---jcb: 566787 #J5242---pgn: CH400 <1.34> rpt id: CHFLTR02
SE= FUND Axles: 80-82 ; Chack Issue Dates: 010108-011508
PE ID PE Nitre AC= NUvEER / JOB NUvEER Invoice U rber Dscripticn St Disc. A*rt. Dist. Art.
_ - - Paid: 19.25
Total: '19.25
V01469 LDdIMW P.ZLEA B 8010110000-6630 903 FY 07/08 IA131 AS PD 0.00 5,000.00
PEID � �d: 0.00
Paid: 5,000.00
Total: 5,000.00
V00331 FEDERAL EXPRESS 8010110000-6625 245373679 117052788/R8= PD 0.00 23.10
V00331 FEDERAL EXPRESS 8010125000-6625/505700-6625 246355368 117052788/LME E PD 0.00 17.86
V00331 FEDERAL EXPRESS 8010110000-6521 246355368 117052788/STATE PD 0.00 29.92
V00331 FEDERAL EXPRESS 8010125000-6625/505700-6625 244028062 117052788/FIRST PD 0.00 17.86
V00331 FEDERAL EXPRESS 8010125000-6625/650205-6625 244028062 117052788/LAND A PD 0.00 17.86
PEID . : 0.00
Paid: 106.60
Tbtal: 106.60
V00368 HAYES PS90C AIES 8010125000-6399/505825-6399 200705802 CE[WEN= DS S PD 0.00 3,853.75
PEIDd: 0.00
d: 3,853.75
Tbtal: 3,853.75
V01916 WA PETTY 004, 8010125000-6625/505700-6625 123107 MMU FEES/B11C3 PD 0.00 50.00
V01916 JARA PETTY CASH, 8010125000-6625/505800-6625 123107 SR CIR = = PD 0.00 39.49
V01916 JARA PETTY CASH, 8010125000-6625/505825-6625 123107 UR= ERB MIG PD 0.00 12..00
PEID U -paid: 0.00
Paid: 101.49
Total: 101.49
V06940 LANES SOLL & LIN 8010110000-6315 6208 FY 06/07 ALDIT-A FD 0.00 11,160.00
PEID [fid: 0.00
Paid: 11,160.00
Tbtal: 11,160.00
V03126 LAN =CISISL 8000000000-3010 2320/0801001 1/08 PD 0.00 50.43
V03126 LAN NATICISIAL 8000000000-3010 2325/0801001 1/08 PD 0.00 295.63
V03126 LII= Nr1TIC1\1AL 8000000000-3010 1320/0801001 1/08 PD 0.00 63.56
City of Azusa HP 9000 02/14/08 O P E N H O L D D B L,I S T I N G By FpssaVEhtity Nane Paqe 3
IH[T FM 14, 2008, 10:37 PM ---req: ROSE-------leg: Cdr JL---loc: BI-TEM---3cb: 566787 #J5242---p9m: CH400 <1.34> rpt id: CHFUIR02
SEfFtT FUZ Oxles: 80-82 ; Check Issue Dates: 010108-011508
PE ID PE Nage AC=IJI' NCNBER / JOB NU43ER Dwoioe Nxrbar I es=pticn St Disc. Part. Dist. Pmt.
--- --- PETDumaid: 0.00
Paid: 409.62
Total: 409.62
V01582 NEXIEL CCM4NICA 8010110000-6915 635925025065 635925025065/CEL FD 0.00 50.08
PEIDL��d: 0.00
Paid: 50.08
Total: 50.08
V00540 OFMCE DEPOT I1C 8010110000-6572 411155670001 534035 MOD-BACK HD 0.00 117.16
V00540 OFTTCE DEPOT INC 8010110000-6530 411586173001 344734 STAPLER R FD 0.00 5.63
FEID d: 0.00'Pai .
d: 122.79
Total: 122.79
V06713 OMEN EENEF= A 8000000000-2724 1225/0801001 PR41/08 PD 0.00 5.08
PEIDUnpaid: 0.00
Paid: 5.08
Total: 5.08
V06703 FMFCAdv'A PFJ= 8010110000-6539 0660004837 ELSIlVESS CARIB F FD 0.00 14.99
PFS d: 0.00
Paid: 14.99
'Ibtal: 14.99
V04138 RELSASIAR LIFE I 8000000000-3053 2215/0801001 01/08 PD 0.00 2.50
V04138 RELSA= =FE I 8000000000-3054 2410/0801001 PR#1/08 FD 0.00 1.87
P=D typaid: 0.00
d: 4.37
Total: 4.37
V03157 SCS FN�� 8010125000-6399/505825-6399 01104958 PH 2 EW-KA STT FD 0.00 24,950.00
PFS dT: 0.00
24,950.00
Total: 24,950.00
City Of Azusa HP 9000 02/14/08 O P E N H 0 L D D B LISTING By Fzxsscr/Entity Nave pacfe 4
, FEB 14, 2008, 10:37 PM ---req: ROSE-------leg: GL JL---loc: BI-'TECH---jcb: 566787 #J5242---p9m: CH400 <1.34> rpt id: OHFL'IR02
SE= FUU OD^s: 80-82 ; ick Issue Dates: 010108-011508
PE ID PE Narre ACCLYNT NU4M / JCB N MER Irmloe Nor Desc pticn St Disc. krt. Dist. Pmt.
V02371 SPRINT 8010110000-6915 0581031978082607 05810319780/TRID FD 0.00 15.14
PEIDUlpaii d: 0.00
Paid: 15.14
Total: 15.14
V08056 SHAD R� 8000000000-3044 1255/0801001 0pR#1/08 PD 0.00 194.07
V08056 SMEAM II3SU;ZAN 8000000000-2725 1220/0801001 PR#1/08 PD 0.00 68.74
PEI d: 0.00
Paid: 262.81
Total: 262.81
V10053 S UCARD IIZURPN 8000000000-2725 1221/0801001 PR41/08 PD 0.00 149.97
PEID Lhu�id: 0.00
Paid: 149.97
Total: 149.97
V10166 U\IICN BANK OF CA 8000000000-3073 2130/0801001 mi/08 PD 0.00 878.54
V10166 LIVICN BMK OF CA 8000000000-2727 1130/0801001 x#1/08 P30 0.00 439.78
PEID d: 0.00
d: 1,318.32
Total: 1,318.32
V00388 VE2IZCN 8010110000-6915 6261975078112807 626-1975078 FD 0.00 20.73
FEIDL��d: 0.00
Paid: 20.73
Total: 20.73
V00876 K%SEUTCN MTILA 8000000000-3010 2330/0801001 �1/08 FD 0.00 50.00
V00876 V RN nTRA 8000000000-3010 2335/0801001 1/08 PD 0.00 140.99
V00876 WkcJlnl= nM_A 8000000000-3010 1330/0801001 1/08 PD 0.00 9.00
PEIDiT�d: 0.00
Paid: 199.99
Total: 199.99
GRAND TOTAL Lfflpaid: 0.00
Ci of Azusa HP 9000 02/14/08 O P E N HOLD * DB LISTING By PEhtity Na -e Page 5
FEB 14, 2008, 10:37 AM ---req: ROSE-------leg: GL JL---loc: BI-=---job: 566787 W5242---pgn: CH400 <1.34> rpt id: CHFL 02
SEECT FUSD 0--des: 80-82 ; Check Issue Dates: 010108-011508
PE ID PE Nanfe ACME NUvEEZ / JCB N.NIEER Invoice Nber D=scripticn St Disc. Ate. Dist. Arrf.
Paid: 59,628.30
Tbtal: 59,628.30
OF:q?G
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CITY OF AZUSA
MINUTES OF THE AZUSA
PUBLIC FINANCING AUTHORITY
MONDAY, NOVEMBER 5,2007— 11:08 P.M.
The Boardmembers of the Azusa Public Financing Authority of the City of Azusa met in regular
session at the above date and time in the Azusa Auditorium located at 213 East Foothill
Boulevard,Azusa.
Chairman Rocha called the meeting to order. Call to Order
ROLL CALL Roll Call
PRESENT: BOARDMEMBERS: GONZALES, CARRILLO,MACIAS, ROCHA
ABSENT: BOARDMEMBERS: HANKS
ALSO PRESENT: Also Present
General Counsel Carvalho, Fxecutive Director Delach, City Department Heads, Secretary
Mendoza, Deputy City Clerk Toscano.
The CONSENT CALENDAR consisting of item G-land G-2 was approved by motion of Director Consent Cal
Macias seconded by Director Carrillo and unanimously* carried. Appvd
1. Minutes of the regular meeting of August 6, 2007, were approved as written. Min appvd
2. The Authority Treasurer's Report as of September 30, 2007 was received and filed. Treas Rpt
It was consensus of the Board Members to adjourn. Adjourn
TIME ADJOURNMENT: 11:09 P.M.
SECRETARY
NEXT RESOLUTION NO.07-P4.
-Indicates Hanks absent.
-P„yC/FbR�P .
AZUSA PUBLIC FINANCING AUTHORITY
CONSENT ITEM
TO: THE HONORABLE CHAIRPERSON AND MEMBERS OF THE BOARD
FROM: MARCENE HAMILTON, AZUSA PUBLIC FINANCING AUTHOKITY TREASUREER
" Z
Q sCa.� �
DATE: FEBRUARY 19, 2008
SUBJECT: AZUSA PUBLIC FINANCING AUTHORITY TREASURER'S STATEMENT OF CASH
BALANCES FOR THE QUARTER ENDED DECEMBER 31, 2007
RECOMMENDATION
It is recommended that the Board Members receive and file the Azusa Public Financing Authority
Treasurer's Statement of Cash Balances for the quarter ended December 31, 2007.
BACKGROUND
Transmitted herewith is the Treasurer's Report.for the Azusa Public Financing Authority for quarter
ending December 31 , 2007. Authority investments are made in accordance with the Authority
Investment Policy adopted and approved with Resolution No. 07-P2 dated June 18, 2007, and
Government Code Section 53600 et. seq.
The Azusa Public Financing Authority is the issuer of three bond issues-the 1994 Sewer System
Project Refinancing Certificates of Participation, the 2003 Capital Improvement Project
Refinancing Certificates of Participation, and the 2006 Water System CIP Parity Revenue Bonds.
The funds for these issues are restricted for payment of eligible capital improvement expenses
and debt service on the bonds, and are held and invested by fiscal agents who are trustees for the
bonds.
For quarter ending December 31, 2007, fiscal agents held total investments of$42,075,077.99.
Total cash received for the quarter was $444,601.65, and disbursements of$4,940,829.13,were
made, resulting in a total overall net decrease of$4,496,227.48. Disbursements were primarily
for Water System Project costs, and cash receipts were comprised of interest income.
FISCAL IMPACT
The balance of cash and investments and projected revenues for the next six months are expected
to be sufficient to meet cash disbursement requirements for at least the next six months.
Prepared by: Roseanna J. Jara, Sr. Acct.-Redevelopment
MH:RJ)/cs
CITY OF AZUSA
AZUSA PUBLIC FINANCING AUTHORITY
TREASURER'S STATEMENT OF CASH
AND INVESTMENT COST BALANCES
QUARTER ENDING DECEMBER 31, 2007
Beginning Cash Balance $46,571,305.47
Receipts (All Sources) $444,601.65
Disbursements ($4,940,829.13)
Ending Cash Balance $42,075,077.99
(All Restricted and Unrestricted Accounts & Investments)
Marcene Hamilton, Agency Treasurer
CITY OF AZUSA
AZUSA PUBLIC FINANCING AUTHORITY
TREASURY BOOK BALANCES -CASH AND INVESTMENTS
QUARTER ENDING DECEMBER 31, 2007
Maximum
Deposits Cost Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value*
CASH AND INVESTMENTS HELD BY FISCAL AGENT
Wells Fargo Bank,Trustee
1994 Sewer Refunding Certificates of Participation
Installment Payment Fund
Wells Fargo Treasury Plus MMkt No Limit $8,846.00 N/A Ongoing 3.659% $8,846.00
Reserve Fund
Berkshire Hathaway Inv Agrmt N/A $284,526.66 Guaranteed Investment Agreement 6/1/2023 6.040% $284,526.66
1994 Sewer Refunding COP's Subtotal: $293,372.66 $293,372.66
Interest Collectlons: $89.95
2003 CIP Refunding Certificates of Participation
Lease Payment Fund
AIM Gov't Portfolio No Limit $10,868.23 Investments in direct obligations of the U.S.Treasury Ongoing 4.180% $10,868.23
Reserve Fund
AIG Matched Funding Corporation No Limit $482,500.00 Guaranteed Investment Agreement 7/29/2020 4.400% 482,500.00
2003 CIP Refunding COP's Subtotal: $493,368.23 $493,368.23
Interest Collections: $121.25
2006 Water System CIP Parity Revenue Bonds
Revenue Fund
Wells Fargo 100%Treasury MMkt No Limit $1,806,535.93 N/A Ongoing 3.010% $1,806,535.93
Interest Account
Wells Fargo 100%Treasury MMkt No Limit $3,226,992.94 N/A _ Ongoing - 3.010% $3,226,992.94
Federal Home Loan Bank No Limit $0.00 N/A 12/27/2007 0.000% $0.00
CITY OF AZUSA
AZUSA PUBLIC FINANCING AUTHORITY
TREASURY BOOK BALANCES -CASH AND INVESTMENTS
QUARTER ENDING DECEMBER 31, 2007
Maximum
Deposits Cost Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value*
Federal Home Loan Bank No Limit $0.00 N/A 04/23/2008 0.000% $0.00
Principal Account
Wells Fargo 100%Treasury MMkt No Limit $26,073.25 N/A Ongoing 3.010% $26,073.25
Reserve Fund
Wells Fargo 100%Treasury MMkt No Limit $35,548.06 N/A Ongoing 3.010% $35,548.06
Federal Home Loan Mtg.Corp. No Limit $1,000,312.50 N/A 2/27/2009 5:290% $1,002,080.00
Federal Home Loan Mtg.Corp. No Limit $599,700.00 N/A 01/18/2011 5.250% $600,348.00
Federal Nat'l Mtg.Association No Limit $1,000,000.00 N/A 2/26/2010 5.290% $1,001,880.00
Federal Nat'l Mtg.Association No Limit $1,000,000.00 N/A 1/16/2009 5.270% $1,000,630.00
Water System Acquisition Fund
Wells Fargo 100%Treasury MMkt, No Limit $32,593,174.42 N/A Ongoing 3.010% $32,593,174.42
2006 Water System CIP Revenue Bond Subtotal: $41,288,337.10 $41,293,262.60
Interest Collections: $444,390.45
Total -Azusa Public Financing
Authority Cash and Investments: $42,075,077.99 $42,080,003.49
Total Interest Collections: $444,601.65
Source of Market Value Information:
Wells Fargo Bank,Trustee '
Bond Data is based on Trustee-generated Statements;bond funds listed herein are restricted for
payment of debt service and governed by strict regulations described in the Trust Indentures.