HomeMy WebLinkAboutAgenda Packet - April 07, 2008 - CC I
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AGENDA
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CITY COUNCIL, AND THE
REDEVELOPMENT AGENCY
AZUSA AUDITORIUM
MONDAY, APRIL 712008
213 EAST FOOTHILL BOULEVARD 6:30 P.M.
AZUSA CITY COUNCIL
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fIOSEPH R. ROCHA r
MAYOR
KEITH HANKS ANGEL CARRILLO
COUNCILMEMBER MAYOR PRO-TEM
ORIEL E. MACIAS ROBERT GONZALES
COUNCILMEMBER COUNCILMEMBER
NOTICE TO THE PUBLIC Copies of staff reports or other written documentation relating to each item
of business referred to on the Agenda are on file in the Office of the City Clerk and are available for
public inspection at the City Library.
Persons who wish to speak,during the Public Participation portion of the Agenda, shall fill out a card
requesting to speak and shall submit it to the City Clerk prior to the start of the City,Council meeting.
When called, each person may address any item on or off the agenda during the public participation.
CLOSED SESSION
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1. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6)
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Organizations/Employee: AMMA, ACEA, APMA, SEUI ,
2. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Property Address: 303 E. Foothill Boulevard, Azusa, CA 91702
Negotiating Parties: Watt Genton Associates, LP
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of Payment
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3. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Address: 716 N. Dalton Avenue, Azusa, CA 91702
Negotiating Parties: Watt Genton Associates, LP
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of Payment
4. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81
Address: 726 N. Dalton Avenue, Azusa, CA 91702
Negotiating Parties: Watt Genton Associates, LP
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of Payment
5. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Address: 728 N. Dalton Avenue, Azusa, CA 91702
Negotiating-Parties: Watt Genton Associates, LP
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of Payment
BLOCK 36
6. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956 8).
Address: 152 E. Foothill Boulevard, Azusa, CA 91702
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Negotiating Parties: Bank of America &LOWE Enterprises Real Estate Group
Under Negotiation: Price and Terms of Payment
7. REAL PROPERTY NEGOTIATIONS (Gov. Code Sea 54956.8)
Address: 100 E. Foothill Boulevard, Azusa, CA 91702
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Negotiating Parties: LOWE Enterprises Real Estate Group
Under Negotiation: Price and Terms of Payment
S. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8)
Address: 614- 640 N. Azusa Avenue, Azusa, CA 91702
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Negotiating Parties: LOWE Enterprises Real Estate Group
Under Negotiation: Price and Terms of Payment
9. PUBLIC EMPLOYMENT (Gov. Code Sec. 54957)
Title: Community Development Director
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
• Invocafion -.President Richard A. Walker of the Church of Jesus Christ of Latter-Day Saints
04/07/08 PAGE TWO
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CEREMONIAL
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Presentation of Proclamation to Azusa Library Director Albert Tovar, Proclaiming April 13-19, 2008 as
National Library Week. i
Presentation of Proclamation to American Idol Contestant, Daniel Noriega, of Azusa, in recognition
of his accomplishments.
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Presentation of Proclamation to Girl Scout Troop# 912, proclaiming January — May 2008 as "Girl
Scout Cookie Campaign". +
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A. PUBLIC PARTICIPATION ,
(Person/Group shall be allowed to speak without interruption up to five (5) minutes maximum
time, subject to con'pliance with applicable meeting rules. Questions to the speaker or
responses to the speaker's questions or comments shall be handled after4he speaker has
completed his/her comments. Public Participation will be limited to sixty (60) minutes time.)
B. REPORTS UPDATES 4 AND ANNOUNCEMENTS
I . Request for proclamalion in recognition of Municipal Clerks Week May 4 through May 10, 2008.
2. Request for proclamation for the family of the late Private Gabriel Ramo6 Noriega, WWII
Veteran; the family will be receiving his metals on April 1 It'.
the winning schools in the Beverage Container
3. Request for Certificates of Participation to g g
Recycling Contest from October 2007 to February 2008.
C. SCHEDULED ITEMS
1 . PUBLIC HEARING — DALTON — FOOTHILL MIXED-USE DEVELOPMENT APPLICATION: GPA-
1007-01 ZCA-226 i Z-2007-01 DR-2007-43 VTTM-069751. 700 BLOCK OF NORTH
DALTON AVENUE BETWEEN FOOTHILL BOULEVARD AND THE METRO GOLD LINE RIGHT-OF
WAY NOT INCLUDING THE SENIOR CENTER BUILDING AND EAST OF DALTON AVENUE.
RECOMMENDED ACTION: Open the Public Hearing; receive testimony, close the Hearing. 1)
Adopt Resolution No. 08-C26, approving the General Plan Amendment GPA-2007-01 ; 2) Waive
further reading and introduce for first reading the Ordinance of the City Council approving
Zoning Ordinance Amendment ZCA-226 and Z-2007-01 and approve its first reading; 3) Adopt
Resolution No. 08-62.7, approving Vesting Tentative Tract Map VTTM 069751; and 4) Adopt
Resolution No. 08-C28, approving Design Review DR-2007-43. 9
04/07/08 PAGE THREE
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2. CONSIDERATION OF GRANTING ELIGIBILITY TO APPLY FOR A FIREWORKS SALES PERMIT
TO THE GLADSTONE HIGH FOOTBALL BOOSTERS/LINEBACKERS CLUB. RECOMMENDED
ACTION: Grant the appeal for eligibility to apply for a Fireworks Sales Permit to the Gladstone
High School Boosters/Linebackers Club based on their stated intent to apply for such permit last
year and Article IV: section 30-132 of the Azusa Municipal Code; Paragraph (b) providing that
two permits may be issued to Azusa High School, Gladstone High School, and Azusa Pacific
University.
D. CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one
vote. if Councilmembers or Staff wish to address any item on the Consent Calendar
individuaOy, it will be considered under SPECIAL CALL ITEMS.
1 . APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF MARCH 17 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. CITY TREASURER'S REPORT AS OF FEBRUARY 29. 2008 RECOMMENDED ACTION: Receive
and file the report.
4. RESOLUTION TO LOIN THE LOS ANGELES COUNTY SINGLE-USE BAG REDUCTION AND
RECYCLING PROGRAM. RECOMMENDED ACTION: Adopt Resolution No. 08-C29, approving
participation in the implementation of Los Angeles County Single-Use Bag and Recycling
Program, and authorize staff to support County legislative efforts to eliminate the sunset clause
included in AB 2449 (Public Resources Code Section 42257).
5. BOND REDUCTIONS FOR TRACTS 63336-02 (MAPLETON). RECOMMENDED ACTION:
Approve the bond reduction request by Christopher Homes for Tract 63336-02.
6. SUPPORT OF AB 1903 TO RE-ESTABLISH LIABILITY PROTECTION FOR FLOOD CONTROL
AND WATER CONSERVATION ACTIVITIES CONDUCTED BY THE LOS ANGELES COUNTY
DEPARTMENT OF PUBLIC WORKS. RECOMMENDED ACTION: Adopt a "support" position on
AB 1903 and authorize the Mayor to sign letters to appropriate state representatives and
legislative committees considering the Assembly Bill during the legislative process.
7. PURCHASE OF 24 MODEMS FOR MDC UNITS IN POLICE CARS. RECOMMENDED ACTION:
Approve and award the purchase of 24 MP875 ruggedized in-vehicle mount modem in the
amount of $18,183.41 to the lowest bidder GovConnection.
04/07/08 PAGE FOUR
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8. UPGRADE OF AUDIX VOICEMAIL SYSTEM. RECOMMENDED ACTION: Waive formal sealed
bids in accordance with Azusa Municipal Code Section 2-523(d) competitive bidding already
completed,. due to the fact that Spenser Communications is covered, under the California
Multiple Award Schedule CMAS agreement number 3-01-70-1488A. Approve the upgrade of
the Phone System and,approve the issuance of a purchase order to Spenser communications in
an amount not to exceed $48,336.08.
9. UPGRADE PUBLIC WORKS VOICE AND DATA CABLE INFRASTRUCTURE. RECOMMENDED
ACTION: Waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523(d)
competitive bidding already completed, due to the fact that J.D. Briggs communications is
covered under the California Multiple Award Schedule CMAS agreement number 3-03-00-
0389B. Approve the infrastructure upgrades and approve the issuance of a purchase order to
J.D. Briggs Communications in the amount not to exceed $27,400.
10. RESOLUTION OF OPPOSITION TO CALIFORNIA PROPERTY OWNERS AND FARMLAND
PROTECTION ACT. RECOMMENDED ACTION: Adopt Resolution No. 08-C30, in opposition to
the California Propery Owners and Farmland Protection Act.
11. PURCHASE OF TWELVE (12) BALLISTIC TACTICAL SWAT VESTS — AZUSA POLICE
DEPARTMENT. RECOMMENDED ACTION: Approve the Police Department's purchase of
twelve (12) ballistic Protech Trimax PTI00 SWAT vests with accessories, in the amount of
$20,589.15 (inclusive of tax) from Aardvark Tactical Inc. located in the City of Azusa.
12. NOTICE OF COMPLETION FOR CONSTRUCTION OF FOUL BALL FENCING AT GLADSTONE
PARK IN THE AMOUNT OF $17.480.00. RECOMMENDED ACTION: Approve the Notice of
Completion for the construction of foul ball fencing at Gladstone Park iri the amount of
$17,480.00 and authorize staff to file the Notice of Completion with Los Angeles County Clerk.
13. PURCHASE OF 6.300 CIRCUIT FEET OF Soo MCM PRIMARY COPPER CABLE.
RECOMMENDED ACTION: In accordance with Section 2-518 (c), Article Vll,,Chapter 2 of the
Azusa Municipal Code, approve the issuance of a Purchase Order to HD Supply Utilities of Santa
Fe Springs, CA, in an iamount not to exceed $254,279 for the above referenced cable.
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14. PURCHASE OF CENTRON ELECTRIC METERS. RECOMMENDED ACTION: Approve the
issuance of a purchase order in an amount not to exceed $56,636 to Mc Avoy &Markham of
Irvine, Ca, for the purchase of 960 Centron CISR Electric Meters, under the provisions of
Section 2-523 (d), no competitive market, of the Azusa Municipal Code. {
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15. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH EAST SAN GABRIEL COALITION
FOR THE HOMELESS TO PROVIDE A TEMPORARY SHELTER VOUCHER PROGRAM.
RECOMMENDED ACTION: Approve the revised Memorandum of Understanding Agreement
with the East San Gabriel Valley Coalition for the Homeless to provide temporary shelter for
families of Azusa Unified School District with a one-time budget appropriation of $10,000 from
General Fund revenue resources; and authorize the City Manager to execute the agreement.
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04/07/08 PAGE FIVE
16. MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE FLASHING
BEACONS, IN-PAVEMENT, LIGHTED CROSSWALKS AND SAFETY LIGHTS. RECOMMENDED
ACTION: Approve and authorize the City Manager to invite sealed proposals for the annual
contract services for MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE,
FLASHING BEACONS, IN-PAVEMENT, LIGHTED CROSSWALKS, AND SAFETY LIGHTS.
17. EXTEND AZUSA AVE. STORM DRAIN. RECOMMENDED ACTION: Approve and authorize the
City Manager to enable a change order to the Block 36 Offsite Utilities contractor to extend the
Azusa Ave. storm drain.
18. WARRANTS. Resolution authorizing payment of warrants by the City. RECOMMENDED
ACTION: Adopt Resolution No. 08-C31 .
CONVENE ]JOINTLY WITH THE REDEVELOPMENT AGENCY
E. JOINT CITY/AGENCY ITEMS
1. RESOLUTIONS BY THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF
AZUSA TO CONSIDER CALLING A IOINT PUBLIC HEARING ON THE AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END
REDEVELOPMENT PROJECT. RECOMMENDED ACTION: Adopt Resolution No. 08-C32, (City)
Consenting to and Calling for a joint Public Hearing on the Amendment to the Redevelopment
Plan for the Merged Central Business District and West End Redevelopment Project Area and
Adopt Resolution No. 08-R17, Consenting to and Calling for a joint Public Hearing on the .
Amendment to the Redevelopment Plan for the Merged Central Business District and West End
Redevelopment Project Area.
COUNCIL TO RECESS AND REDEVELOPMENT AGENCY TO CONTINUE
F. AGENCY SCHEDULED ITEMS
1 . PUBLIC HEARING — CONSIDERATION OF A LEASE AGREEMENT FOR THE USE OF REAL
PROPERTY LOCATED AT 803 NORTH DALTON AVENUE (RAMIREZ PROPERTY).
RECOMMENDED ACTION: Approve the proposed Lease Agreement ("Lease") for the real
property located at Los Angeles County Assessor's Parcel Number 8608-027-008, commonly
known as 803 North Dalton Avenue ("Subject Property").
2. AMENDMENT NO.1 TO PROFESSIONAL SERVICES CONTRACT WITH HOGLE-IRELAND INC
TO INCREASE SERVICES ASSOCIATED WITH THE DOWNTOWN NORTFJVDALTON AVENUE
PROIECT. RECOMMENDED ACTION: Approve Amendment No. 1 to the professional services
contract with Hogle-Ireland, Inc., to increase services, increase the contract amount from
$49,999 to $60,000, and authorize the Executive Director to execute the City's standard
professional services agreement.
04/07/08 PAGE SIX
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3. PROFESSIONAL SERVICES AGREEMENT WITH URBAN FUTURES INC.FOR: - (1) FINANCIAL
ADVISORY:AND (2) REDEVELOPMENT CONSULTING SERVICES. RECOMMENDED ACTION:
Authorize the Executive Director to enter into the standard professional services agreement with
Urban Futures, Inc., for both Financial Advisory and Redevelopment Consulting Services.
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G. AGENCY CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one
vote. If Boardmembers or Staff wish to address any item on the Consent Calendar
individual/y, it will be considered under 5PEC/4L CALL /TEMS.
1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF MARCH 17, 2008. RECOMMENDED
ACTION: Approve Minutes as written.
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2. AGENCY TREASURER'S REPORT AS OF FEBRUARY 29, 2008. RECOMMENDED ACTION:
Receive and file the report.
3. PROFESSIONAL SERVICES AGREEMENT WITH IENNIE DE FAZIO FOR RETAIL CONSULTING
SERVICES FOR THE AZUSA REDEVELOPMENT AGENCY IN AN AMOUNT NOT TO EXCEED
$48,000. RECOMMENDED ACTION: Authorize the Executive Director to execute a
Professional Services;Agreement with Ms. Jennie De Fazio for retail consulting services for the
Azusa Redevelopment Agency in an amount not to exceed $48,000.00.
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H. ADIOURNMEN7
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1 . Adjourn.
UPCOMING MEETINGS:
April 17, 2008, Joint City CounciVAzusa Unified School District Meeting-6:30 p.m.
April 21 , 2008, City Council Meeting- 6:30 p.m. (Auditorium)
April 28, 2008, Utility Board Meeting- 6:30 p.m. (Light and Water Conference Room)
May 5, 2008, City Council Meeting- 6:30 p.m. (Auditorium)
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/n compliance with the Americans with Disabilities Act, if you need special assistance to
participate in a city meeting,please contact the City Clerk at 626-812-5229. Notification three
(3) workingdays prior to the meeting when specia/services are needed wil/assist staff in assuring
that reasonable arrange lents can be made to provide access to the meeting
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04/07/08 PAGE SEVEN
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Azusa City Library and
The Friends of the
Azusa City Library
invite you to attend this event and
meet the best selling author of
• ! L.A. Outlaws and
Storm Runners.
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729 N Dalton Avenue _5
Azusa CA 91702 ra�PII_#
For more information,plee call(626) 812-5268
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City Of Azusa Kecreation and Family jervices Department
Presents:
Cnco de Mayo
Family Celebration 4 .
1 ,Sunda May 4th '•
Y Y
12 noon - 6:00 p. m .
Azusa City Hall Front Lawns
213 E. Foothill Blvd. '
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(Famous }Zoute 66) Featured Entertainment
Beginning at 12 noon:
Featuring: 'Bottom Line
Great Food Vendors 'Azusa Recreation
Craft and Novelty Vendors VR Department Dance Cla5se5
Wonderful Entertainment "Pork Chop Tom Band
Free Arts and Crafts Making for Kids 'Mariachi Camino Real
Free Soccer Clinic for IKid5 Ages 5 - 13 ,
1 - 2p.m. & 3- 4p.m.
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& More!
Froudlyjponsored 15,9:
For More Inform tion, r e
Please Call C626) 812-5280 Athens Services
AGnw-yi,�fw.tutr6ami.mns�:
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Think Riv' er4AzusQ
Think Grenn and Leaninthe Canyon City
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N "S turday April 12, 2008% 'C
. -9:00am 11: 30am
AGENDA t. r N!rs
9:00am - 9: 15am ?- Registration
Check-In Breakfast Snacks
9: 15arn - 9:30am, W IF* Salute
Boy Scout Troop #XXX, Azusa
Welcoming Remarks
Mayor Joseph P. Rocha
I \ T , , jc''c.
City of Azusa
' Executive officer Belinda Fausti nos
Rivers and Mountains Conservancy
9:306_W-' 10:00a .��-Watershed Educati6n,Rotation
fn_
'No
10:00am - 11 :00a!n San Gabriel River Clean Up and Walk . ,
11 :00arn - 11 :30a' Conclude Back at El Encanto
Turn in Trash Bogs
Count Number of Steps Taken
A big THANK YOU to ours
Think River! Azusa 2008
Project Partners and Sponsors
Athens Services Mexico
Charlotte Augustine, OM14 M Printing,
Azusa Resident - _ ; Altadena
Jennie Avila, Medic-1 Ambulance,
Azusa Resident San Gabriel Valley
City of Azusa: Mountains Recreation Conservation
Mayor & City Council Authority
Light & Water Dept. '%
Police Department Jeannette Partridge,
Recreation & Family Srvcs. ,. Azusa
Azusa Historical Society San Gabriel Valley Mosquito Vector
Control District '
Azusa Pacific University,
School of Nursing : ,- USDA Forest Service,
Ot San Gabriel River Ranger District
Boy Scout Troop #XXX, "` e"''
Azusa Vulcan Materials Company,
J..<=� � � . •,, y H} ,y, Western Division
California Conservation Corps,
Pomona:Satellite°Of,ficeFFl t~:.,4^a Watershed Conservation Authority;�r :rs
Rivers and Mountains Conservancy
City of Hope' . {.. -
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Girl Scout Troop #912, '
Azusa 'Oo-
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PUBLIC HEARING ITEM
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TO: THE HONORABLE MAYOR AND COUNCIL
FROM: BRUCE A. COLEMAN, ECONOMIC &COMMUNITY DEVELOPMENT DIRECTOR
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VIA: F.M. DELACH, CITY MANAGER)
DATE: APRIL 7, 2008 1111
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SUBJECT: DALTON — FOOTHILL MIXED-USE DEVELOPMENT APPLICATION; GPA-2007-01, ZCA-
226, Z-2007-01, DR-2007-43, VTTM-069751; 700 Block of North Dalton Avenue,
between Foothill Boulevard and the Metro Gold Line Right-of Way, NOT INCLUDING
THE SENIOR CENTER BUILDING, and east of Dalton Avenue
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RECOMMENDATION i
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It is recommended that:
1) The City Council approves General Plan Amendment GPA-2007-01;
2) The City Council introduces for the first reading the Ordinance of the City Council approving
Zoning Ordinance Amendment ZCA-226 and Z-2007-01 and approve its first reading;
3) The City Council approves Vesting Tentative Tract Map VTTM 069751;
4) The City Council appri ves Design Review DR-2007-43;
EXECUTIVE SUMMARY
The City of Azusa/Redevelopment Agency of the City of Azusa is the project applicant for a
proposed mixed use development located on the 700 block of North Dalton. The site is bounded
by Foothill Boulevard, Dalton Avenue, and the rail right-of-way. The project does not include the
Senior Center building; however the project is located adjacent to the Senior Center building's
north, south, and west. The project proposes the construction of 73 dwelling units (57 stacked
condominium units located over retail and 16 townhomes), 9,000 square feet of retail, and a 164
space parking structure serving the stacked flats and retail components. The construction will take
place within two phases.' The second phase's (i a the townhomes) construction will not beein until
the replacement of the Senior Center's parking has been satisfactorily replaced. The project also
proposes narrowing and!realigning Dalton Avenue.
The City Council is being,asked to take four actions. The four actions are:
• approval of a General Plan Amendment for the Senior Center parking lot;
• introduce the first reading of the Zoning Ordinance Amendment establishing the Downtown
North — Dalton Overlay Zone and approving zoning map change Z-2007-01;
approval of a Vesting Tentative Map VTTM 069751 consolidating 11 lots into four lots;
• approval of a Design Review for the proposed project.
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Page 2 of 19
April 7, 2008 _
The Honorable Mayor and City Council
Subject: DALTON—FOOTHILL MIXED-USE DEVELOPMENT APPLICATION
To assist the City Council with its deliberations and decision-making, an Addendum to the 2004
City of Azusa General Plan and Development Code Certified Final EIR is submitted for review. The
Planning Commission approved and the Downtown North Advisory Committee unanimously
recommended approval of the project.
THE PROJECT
The proposed project is the construction of a 73-unit residential mixed-use project including 57
stacked, condominium flats over 9,000 square feet of retail, 164 automobile parking spaces located
within a wrapped parking garage, and 16 townhome units'. The proposed project will realign
Dalton Avenue and remove the landscaped median within Dalton Avenue. The proposed project
does not include the Senior Center building, see Exhibit A.
ENVIRONMENTAL IMPACT REPORT ADDENDUM
Section 15162 of the California Environmental Quality Act (CEQA) provides that a Subsequent EIR
has to be prepared if a determination is made based on substantial evidence, that one or more of
the following exists:
1. Substantial changes to the project are made, requiring major revisions to the previous EIR.
2. Substantial changes have occurred regarding circumstances under which the project is
undertaken, requiring major revisions to the previous EIR.
3. New information of substantial importance has developed, which was not known at the time
the previous EIR was certified, and which shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR.
b. Previously identified significant effects will be substantially more severe.
c. Mitigation measures or alternatives previously found not to be feasible are now feasible,
or are considerably different than those analyzed in the previous EIR, either of which
would substantially reduce one or more significant effects, but the project proponents
decline to adopt the measures or alternatives.
Section 15164 allows the preparation of an Addendum to a previously certified EIR if some changes
or additions are necessary but none of the conditions requiring a Subsequent EIR have occurred.
Thus, an Addendum to the General Plan Elk is appropriate where the City Council finds, based on
substantial evidence, that none of conditions listed above have occurred.
BACKGROUND
The City of Azusa and the Redevelopment Agency of the City of Azusa is the project applicant.
The applicant is requesting approval of four actions: (a) Vesting Tentative Tract Map for mixed-use
condominiun-/retail and townhome purposes, (b) an amendment to the General Plan Land Use
designation of the Senior Center parking lot from "Public / Civic" to "Commercial/Residential Mixed
Use (Up to 27 du/ac)," (c) an overlay zone that amends height, development and site
' The project monoses 16 townhomes on the current Senior Center parking lot Note as a Condition of Approval the demolition of the
parking lot will not occur until adequate replacement senior parking has been provided to the satisfaction of the Economic and
Community Development Director. (Note that the Panning_Commission has recommended that the parking replacement needs to be to
the satisfaction of the Planning Commission rather than the ECD Director.)
DaltonGeneralPlanAmen_040708.doc
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Page 4 of 19 -
April 7, 2008
The Honorable Mayor and City Council
Subject: DALTON-FOOTHILL MIXED-USE DEVELOPMENT APPLICATION
standards for subject property, and (d) Design Review approval to construct a 73-unit residential
mixed-use project including 57 stacked, condominium flats over 9,000 square feet of retail, and
164 automobile parking spaces located within a parking garage, and 16 townhome units as part of
a single, phased, comprehensive development project.
The subject parcels include the Senior Center parking lot (five parcels) and the six, Redevelopment
Agency-owned parcels, which are now vacant. The entire site is bordered to the north by the
railroad and a residential multifamily complex beyond the tracks. To the south is Foothill Boulevard
with commercial land uses across the street. To the west, across Dalton Avenue, are City Hall,
Azusa City Park and the Library. The property abuts single- and multi-family residential homes to
the east, and a fast food restaurant.
The existing General Plan land use designation for the parking lot portion of the site is District
Downtown/Civic: Public/Civic. This designation will not allow it to be developed as a residential use.
As a result, the General Plan designation is proposed to be changed from "Downtown/Civic District:
Public/Civic" to "Downtown/Civic District: Commercial/Residential Mixed Use", thereby allowing
residential and mixed use on the site and will be consistent with the designation for the southern
portion of the Dalton site. The General Plan emphasizes transit-oriented, pedestrian-friendly
development for all of the Downtown Districts. Residential uses are allowed as a part of mixed-use
projects.
The existing zoning for the site is District Civic Center (DCC). The Development Code suggests that
the site be used for a future public library; however, the library use is not mandatory. The
proposed zoning overlay will result in a development alternative that permits housing units closer to
the transit station, provide retail goods and services to nearby residential uses, and will, possibly,
increase the funds available for the development of a new library.
In anticipation of receiving State funds for construction of a new library in the early 2000's, the City
of Azusa acquired parcels on the southern portion of the east side of the 700 block of N. Dalton
Ave. The construction of a new library has been a longtime City goal and is discussed in the
Downtown Civic Center District of the Development Code. State funding, however, did not become
available and the City has determined that construction of a library on the project site was not
feasible without it.
The plan for the 700 block of North Dalton Avenue at Foothill Boulevard is a single project that will
be developed in two phases. The two phased project consists of:
Phase 1: 57 stacked-flat condominium units in three-stories over 9,000 square feet of retail,
164 automobile parking spaces located within a "wrapped" parking garage with separate retail
and residential parking spaces, and all exterior garage and residential entrances will have 24-
hour camera surveillance. The residential stacked-flat units will range in size from 1,085
square feet (2 bedroom/2 bath) to 1,695 square feet (3 bedroom/2 bath).
Phase 2: 16 townhome units located in five 2- and 3-story buildings. The townhome units will
vary in size from 1,503 square feet (3 bedrooms/2 1h baths) to 2,139 square feet (4
bedrooms/3 112 bath). Each,townhome unit will have two parking spaces located within its
attached garage. Four guest parking spaces will be located on-site. The project includes a
Condition of Approval prohibiting the townhome development until adequate replacement
parking accommodations are provided for the Senior Center.
DaltonGeneralPlanAmen 040708.doc
Page 5 of 19
April 7, 2008
The Honorable Mayor and City Cour.
Subject: DALTON-FOOTHILL MIXED-USE DEVELOPMENT APPLICATION
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In addition, Dalton Avenue will be realigned, and narrowed. The median will also be removed.
Ultimately, the Dalton Avenue right-of-way will be 60 feet rather than current 80 feet to promote
traffic calming. The 20 foot strip of land beneath Dalton Avenue will be vacated and adjoined to the
adjacent property. It is proposed to construct a bus turnout with van and handicapped parking in
front of the Senior Center: A developer will provide a gated pedestrian access from 8t" Street to the
relocated transformer located adjacent to the Senior Center. A developer will provide a new Senior
Center sign to replace the existing sign. In addition, the developer will make facade improvements
to the north side of the Senior Center to meet fire code requirements, as necessary.
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The blended density for the project is 26.6 dus/ac; this is below the allowable 27.0 dus/ac. The
blended floor area ratio (FAR), minus the parking structure's upper levels square footage, is 1.39.
In general, the mixed-use! building facing Foothill Boulevard will be four stories wrapping around an
interior parking structure! At the northern end of the parking structure, the mixed-use building
decreases in height to a'total of three stories. The townhomes will be two and three stories in
height. I
The mixed-use building will be oriented towards Foothill Boulevard. As such, the "front" of the
parcel is along Foothill Boulevard, the "side yard - side street" of the parcel is along Dalton
Avenue, the "rear" of the parcel is along the Senior Center, and the "side yard - interior" is along
the midblock property line between California Burger and the proposed project.
The townhomes' parcel will be oriented towards Dalton Avenue. As such, the parcel's "front" is
along Dalton Avenue, the "side yard - interior" of the parcel are along the rail tracks and Senior
Center, and the "rear" of the parcel faces the midblock property lines between the adjacent
residential units and the proposed project.
It is proposed that the Redevelopment Agency will have the option to purchase covenants for up to
15% of all units (11 units) for moderate income affordable housing. The units will be initially
marketed to senior citizens exclusively for a period no less than nine and not longer than twelve
months. If.after the exclusive senior marketing period has lapsed and senior citizen applicants have
not qualified or purchased the housing, the units would then also be marketed to potential home
buyers with moderate Incomes.
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The Azusa Development (Code, Section 88 will be amended to include the Downtown North-Dalton
Overlay. This overlay pertains only to those parcels related to the proposed development on the
700 block of N. Dalton Avenue. The Development Code Overlay amends height, use, setbacks, and
fencing. The Downtown(North - Dalton Overlay will allow for comprehensive site design guidelines
and standards to be imposed on the entire project in a uniform manner.
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The Downtown North Advisory Committee (DNAC), which is made up of two City Council
members, local business representatives, and local community members, reviewed the current
project at eleven of their'public meetings and voted to unanimously support it.
City staff met with Senior Center patrons in November 2007 to discuss the project and to address
any questions/issues the'. patrons might have with proposed plan. Since November, City staff met
with the Senior Advisory�Council on January 8, 2008. At this meeting the Senior Advisory Council
voted to favor the option of a new Senior Center in a joined facility in the Civic Center. The project
that is before the City Council does not include the development of a new Senior Center at this
time. 4
DaltonGeneralPlanAmen_040708.doc
Page 6 of 19
April 7,2008
The Honorable Mayor and City Council
Subject: DALTON-FOOTHILL MIXED-USE DEVELOPMENT APPLICATION
On November 11, 2007, a staff-level Azusa Design Review Board meeting was convened and
comments were received from City and County departments. On January 8, 2008, City Planning
staff met with Police Department, Azusa Light and Water, and Engineering Division representatives
to review the proposed Conditions of Approval.
In addition, on January 2, 2008 the City staff met with a number of Los Angeles County Fire
Department representatives to discuss emergency fire response access. On January 16, 2008, a
City Building representative met with the Los Angeles County Fire Department representative to
review the proposed Conditions of Approval. The Los Angeles County Fire Department has
approved the proposed project with the inclusion of Conditions of Approval.
On March 12, 2008, the City of Azusa Planning Commission convened and continued a public
hearing regarding the proposed project. Public testimony was received at that meeting. On March
26, 2008, the Planning Commission reopened the public hearing and received additional testimony.
After closing the public hearing, the Planning Commission considered the project and
recommended that the City Council approve the Design Review, approve General Plan Amendment,
approve Zoning Code Amendment, and approve Vesting Tentative Tract Map (vote 3 ayes, 1 nay, I
recused). As part of its recommendation, the Planning Commission recommends two changes to
the Conditions of Approval. The proposed changes are indicated by bold/underlined font and
strike-through font:
• Condition of Approval A2 - Initiation of the townhomes' construction, including the
demolition of the Senior Center parking lot on Lot 4, shall not occur until the Senior Center's
parking spaces have been replaced to the satisfaction of the
Planning Commission.
• Condition of Approval Al —Windows with a minimum STC-32 rating are recommended for
bedroom windows associated with dwelling units along Foothill Boulevard and at the
Dalton Avenue/Foothill Boulevard corner that are directly exposed to traffic noise.
As the City Council is aware, the City of Azusa entered into a series of agreements with Watt
Genton to prepare plans for this North Dalton site. However, due to national economic climate,
the developer's original management team is no longer in place. As such, the Redevelopment
Agency has recently terminated the Memorandum of Understanding with Watt Genton.
Although it was anticipated that the project would have been sold to Watt Genton after
entitlements were secured, the City of Azusa and the Redevelopment Agency of the City of Azusa
("RDA" or "Agency") are and were always the project applicant. The City and the RDA are in escrow
or own the land on which the project is proposed.
Given that such:
• significant design and engineering work,
• interagency coordination (specifically with the Los Angeles County Fire Department),
• technical analyses, and
• extensive community involvement through the Downtown North Advisory Committee
have been conducted to date, and the City and the RDA have always been the applicant, there is no
reason not to proceed to entitlement. The staff and consultant work has been completed to bring
this project forward to entitlement. Once entitled, the City and RDA will be in a better position to
.attract a well qualified capable developer who is in position to timely move forward with the
DaltonGeneralPlanAmen 040708.doc
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Page 7 of 19
April 7,2008
The Honorable Mayor and City Council
Subject: DALTON—FOOTHILL MIXED-USE DEVELOPMENT APPLICATION
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project. Additionally, entitled land, typically, has a higher value than land that is not entitled. As
such, the City/RDA may be able to negotiate a higher price for the land when sold to a developer.
It is anticipated that a developer will purchase the property along with entitlement package—plans,
conditions of approval, etc. It is the City's/Agency's intention, at this time, to have the project
constructed as entitled. However, as we are all aware, the real estate and development market has
been severely impacted by the. economic climate over the past 12 months. At the time of a
purchase by a developer, the future developer may construct the project as approved or may seek
to make changes to the project as necessitated by the market conditions or other factors. If the
project changes are sigfiificant, such as major site design or architectural design alterations,
conditions of approval irevisions, etc., then the project changes would be scheduled for
review/approval by the Planning Commission.
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Although the Senior Center building, City Hall, and existing Civic Center are not a part of the current
project, it is anticipated that the Senior Center may eventually be moved across Dalton Avenue to
be better incorporated with the civic and public uses on the west side of the street. The new Senior
Center building is a separate, future project.
Development Code Overlay
With approval of the proposed Development Code Overlay, the project meets all of the applicable
provisions of the Zoning ci de as shown in the Development Code Conformance table that follows:
DEVELOPMENT CODE CONFORMANCE TABLE
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CATEGORY I CURRENT ZONING CODE PROPOSED OVERLAY ZONE
SITE Senior Center Remaining Senior Center Remaining
Parking Lot Dalton Vacant Parking Lot Dalton Vacant
Lots Lots
Permitted Use 1 Media I Media All the uses Media
1 production, production, within the production,
public/institutio public/ Downtown i public/institutio
Aal uses, mixed ! institutional designation i nal uses, mixed
use I uses, mixed and j use
(development, use townhomes development,
recreational development, recreational
uses, some recreational uses, some
retail uses, uses, some retail uses,
1 restaurants, retail uses, 1 restaurants,
various offices, restaurants, various offices,
lodging 1 various offices, lodging
lodging
Max. Bldg. 3 stories/40 3 stories/40 3 stories or 42 4 stories or 55
Height feet i feet feet I feet
Max. Lot N/A N/A N/A N/A
Coverage I
DaltonGeneralPlanAmen_040708.doc
Page 8 of 19
April 7, 2008
The Honorable Mayor and City Council
Subject: DALTON-FOOTHILL MIXED-USE DEVELOPMENT APPLICATION
CATEGORY CURRENT ZONING CODE PROPOSED OVERLAY ZONE
Minimum
Setbacks
0 ft. 0 ft. 0 ft.
0 ft.
Front Yard
Side Yard 0 ft. 0 ft. 0 ft.
0 ft.
- Interior 0 ft. 0 ft. 0 ft. 0 ft.
- Street
Side 0 ft. 0 ft. 0 ft. 0 ft.
Rear Yard
Minimum of i Minimum of Minimum of Minimum of
Trash Enclosures one enclosure one enclosure one (8'x 9') one (8'x 9')
(&W) must be (8'x9') must be enclosure
enclosure
provided provided
Parking Aisle/ 24' with 24' with 24' with 24' with
Driveway parking spaces parking spaces parking spaces parking spaces
Dimensions angled 90
angled 90 angled 90
angled 90
degrees or degrees or degrees or degrees or
greater. greater. greater.
greater.
Maximum Maximum Maximum
Maximum
driveway width driveway width driveway width driveway width
26' 16' 26'
26'
Landscaping At the At the At the At the
discretion of discretion of discretion of discretion of
review review review review
authority authority authority
authority
Parking Space
Dimensions:
Standard 9' x 20' 9' x 20' 9' x 18' 9' x 18'
F
minimum 1 minimum minimum minimum
Compact
(Optional)
8'x 17' 8' x 17' 8' x 17'
8'x 17'
minimum
minimum . minimum minimum
Handicapped
Per Title 24 of Per Title 24 of Per Title 24 of Per Title 24 of
State Code of State Code of State Code of I State Code of
Regulations Regulations Regulations 1 Regulations
Parking Spaces Minimum of Minim—Urn of Minimum of Minimum of
2.5 off-street 2.5 off-street 2.5 off-street 2.5 off-street
parking spaces parking spaces parking spaces parkin spaces
DaltonGeneralPlanAmen-040708.doc
Page 9 of 19
April 7, 2008
The Honorable Mayor and City Council
Subject: DALTON-FOOTHILL MI IED-USE DEVELOPMENT APPLICATION
CATEGORY CURRENT ZONING CODE PROPOSED OVERLAY ZONE
for each 1,000 for each 1,000 for each 1,000 ! for each 1,000
sq. ft. of floor sq. ft. of floor sq. ft. of floor sq. ft. of floor
area for non- area for non- area for non- area for non-
residential residential residential ! residential
uses; 1.5 off- uses; 1.5 off- uses; 1.5 off- uses; 1.5 off-
street for each street for each street for each street for each,
dwelling unit dwelling unit dwelling unit dwelling unit
Number of l
spaces: 24 residential 23 non- 36 resident/ Nonresidential:
residential guest 36 cars
1 motorcycle j 1 motorcycle
f 86 residential 2 bicycle 2 bicycle
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Residential:
128 resident/
� 'guest
j 6 bicycle
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Vesting Tentative Tract Map
A vesting map grants vested rights to proceed with a project in accordance with the ordinances,
policies, and standards in effect at the time the application for approval of the vesting tentative
map is completed. The Subdivision Map Act requires the tract map conspicuously print "Vesting
Tentative Map" on the face of the map.
With the approval of the Vesting Tentative Tract Map, the 1 1 existing lots will be consolidated into
four lots, as shown in the Vesting Tentative Tract Map Resolution's Exhibit A. VTTM 069751 Lot 1
will consolidate the six lots located south of the Senior Center to Foothill Boulevard into a single lot.
VTTM 069751 Lot 2 will create a rectangular shaped lot that is located to the south of the existing
Senior Center and include the existing Senior Center access drive. This lot will be deeded to the
developer during the construction of the project's mixed-use component. Upon the completion of
the project's mixed-use component, VTTM 069751 Lot 2 will be deeded back to the City of Azusa.
VTTM 069751 Lot 3 will ;create a rectangular shaped lot that is located to the west of the existing
Senior Center. This lot will be deeded to the developer during the construction of the project's
townhome component. ! Upon the completion of the project's townhouse component, VTTM
069751 Lot 3 will be deeded back to the City of Azusa. VTTM 069751 Lot 4 will consolidate the
five lots that make up the current Senior Center parking area.
Lot 2 and Lot 3 will be temporarily deeded to the developer, thereby, allowing the developer to
make infrastructure and other improvements to these lots. When the improvements are complete,
the developer will deed the lots back to the City/Redevelopment Agency for its use. This transfer is
included as part of the Conditions of Approval.
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Noise
A noise study was prepared by LSA for this project. The required mitigation will be incorporated into
the building design andl have been included as. conditions of approval. The project will follow
Development Code requirements for the mitigation of construction noise. The LSA Noise Study is
included as an attachment to the General Plan EIR Addendum.
DaltonGeneralPlanAmen 040708.doc
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Page 10 of 19
April 7,2008
The Honorable Mayor and City Council
Subject: DALTON-FOOTHILL MIXED-USE DEVELOPMENT APPLICATION
Traffic &Circulation
The City Engineer reviewed a traffic study prepared by LSA for this project and agreed with its
conclusion that no mitigation measures were deemed necessary. The existing signalized
intersections along Foothill Boulevard in the vicinity of the project currently operate at satisfactory
Level of Service (LOS) D or better during both peak hours. Addition of project traffic to the
signalized intersection would not result in deterioration of the LOS to LOS E or F. Addition of
project traffic to the Dalton Avenue/Foothill Boulevard intersection may increase the delay
experienced on the Dalton Avenue approaches; however, improvements to this intersection are not
recommended, as they are not warranted by the traffic volume and could negatively impact traffic
signal progression along Foothill Boulevard. Proposed diagonal parking spaces on Dalton Avenue
will result in reduced vehicular capacity and slower speeds along Dalton Avenue. Slower speeds
along the street and increased safety and comfort for pedestrians will provide a greater sense of
place for the Civic Center area, while Dalton Avenue will still provide adequate capacity for through
vehicles. The LSA traffic study is included as an attachment to the General Plan EIR Addendum.
Design Review
Design Review is intended to ensure that the design of proposed development and new land uses
assists in maintaining and enhancing the attractive appearance of the City. The purposes of the
Design Review procedures are to:
I. Recognize the interdependence of land values and aesthetics and encourage the orderly and
harmonious appearance of development within the community;
2. Ensure that new uses and structures enhance their sites and are compatible with the highest
standards of improvement in the surrounding neighborhoods;
3. Retain and strengthen the visual quality and attractive character of the community;
4. Assist project developers in understanding the City's concerns for the aesthetics of
development; and
5. Ensure that development complies with all applicable City standards and guidelines, and
does not adversely affect community health, safety, aesthetics, or natural resources.
In accordance with the fundamental principles of pedestrian-oriented design, the proposed mixed-
use building will be built adjacent to the sidewalks on Dalton Avenue and Foothill Boulevard. The
project is designed to enhance the pedestrian character of the Downtown District and specifically
the Civic Center area, as is consistent with the Goals and Policies of the General Plan. The design of
the parking structure, which is wrapped by the retail and residential uses, removes the parking from
view on three sides, reinforcing the pedestrian nature of the space. The project proposes two
separate vehicular entrances into the parking structure. One entrance is for the residential units'
occupants and guests and the second entrance is for the retail uses' tenants and customers. In
order to accommodate the retail tenants varied needs, the developer has prepared an alternative
parking structure entrance scenario where both.the residential and retail uses will access the
structure in a single entrance. In this case, the parking spaces dedicated for retail uses will be
located on the lower levels and the parking spaces dedicated for residential uses will be located on
upper floors. Access to the residential dedicated parking spaces will still be gated, thereby, limiting
access to the residential spaces. The single vehicle entrance perspective is shown in Exhibit B. As
part of the Planning Commission's recommendation for approval, the Economic and Community
DaltonGeneralPlanAmen 040708.doc
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Page 11 of 19
April 7,2008
The Honorable Mayor and City Council
Subject: DALTON-FOOTHILL ML(ED-USE DEVELOPMENT APPLICATION
Development Director will be granted the authority to permit the developer to build the single
vehicular entrance, as needed, to meet retail tenant needs.
The mixed-use building has been designed in traditional urban form with residences over sidewalk-
adjacent storefronts. Parkingfor both the commercial and residential uses will be away from the
street in a wrapped parking garage. The design of the mixed-use building creates an attractive
street presence through the incorporation of a variety of elements, including decorative wrought
iron railings and window grills, stone detailing, storefront awnings and the articulation of walls and
roofline. The townhomesi have design details such as post and lintel porches, wood shutters, pot
shelves under windows, and stucco trim. The building materials are tile roof and stucco.
The area between the north side of the Senior Center and the townhomes will be buffered in such a
way as to minimize the visual impact of the new construction. A four-foot masonry retaining wall,
topped by a five-foot, wrought-iron fence will run along the edge of the two properties. Large-
canopy trees will be a part of the landscaping in the buffer zone. A new, gated, pedestrian access
will be provided from 8th Street to the relocated transformer adjacent to the Senior Center. On the
south side of the Senior Center, the existing fire lane will be reconstructed and widened to create a
28-foot common driveway/fire lane.
The proposed project's retail component will vary in character from the retail uses adjacent to the
project site. The proposed project's retail character is one of an "urban, pedestrian oriented"
setting where the uses abut the property line on Foothill and the parking is behind the retail use,
while the adjacent retail use's character is one of a more "suburban" character where the parking is
adjacent to the site and visible to traffic along Foothill Boulevard.
The proposed project's fesidential character differs from the adjacent residential uses character.
The proposed project, again, has a more urban character with stacked flats located above the retail
uses. The mixed - use building containing the retail and residential units will be higher than the
surrounding residential uses. The proposed project's townhome component is, also, different than
the adjacent residential uses. The townhomes are clustered with each unit's parking being provided
in that unit. The parking for the adjacent land uses varies from garages to carport. The
townhomes' landscaping i will be planned to provide a green space for each unit and along Dalton.
The plant palette will also be coordinated and planned to provide an aesthetically pleasing
environment. The adjacent residential area's landscaping uses a variety of materials and hardscape
resulting in a varied appearance.
Both the residential components will be setback from the adjacent residential uses. The stacked
flats will be no closer than 10 feet from the backyards of the adjacent residential uses, while the
townhomes.will be no closer than six feet from the backyards. Between the mixed-use portion and
the property wall will be iten feet of landscaping, including evenly spaced, 30-foot (at full growth)
canopy trees. Between the townhomes and the wall will be 6 feet of landscaping.
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VESTING TENTATIVE TRACT MAP FINDINGS
Prior to approving Vesting Tentative Tract, the following findings must be made:
I Such approval III not be materially detrimental to the public welfare, injurious to the
property or improvements in the vicinity and zone in which the land is located, will not
be contrary to ori adversely affect the general comprehensive zoning plan for the city.
DaltonGeneralPlanAmen 040708.doc
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Page 12 of 19
April 7,2008
The Honorable Mayor and City Council
Subject: DALTON-FOOTHILL MU(ED-USE DEVELOPMENT APPLICATION
The Project will not be materially detrimental to the public welfare, nor will it be injurious to
the property/improvements in the vicinity and zone. Additionally, the Project will be
compatible with the general comprehensive zoning plan for the City. The project is located
within the Downtown Civic Center ("DCC'`) zone. The Project is bordered to the north by
railroad/MTA Gold Line tracks and multi-family residential complexes beyond them. To the
south is Foothill Boulevard and commercial-use property across the street. To the west are
City Hall, Azusa City Park, and the Library. To the east, the Project abuts single and multi-
family residential properties and a fast food restaurant.
The General Plan emphasizes transit-oriented, pedestrian friendly development for the DCC
zone. The Project has been designed to be compatible with uses and properties within the
DCC zone and adjacent neighborhoods. The Project will create residential and commercial
development adjacent to the MTA Gold Line train tracks. The location of the Project will
encourage pedestrians to walk from homes/businesses to the transit services provided by
the MTA Gold Line. In accordance with the fundamental principles of pedestrian-oriented
design, the Project will be built adjacent to the sidewalks on Dalton Avenue and Foothill
Boulevard. The Project is designed to enhance the pedestrian character of the DCC zone
and is consistent with the Goals and Policies of the General Plan. The design of the parking
structure, which is wrapped by the retail and residential uses, removes the parking from view
on three sides, reinforcing the pedestrian nature of the space. The new development will
increase property values in the area and add an aesthetically pleasing element to the DCC
zone through the construction of new building. Thus, the Project will benefit the residents of
the City and furthers the goals of the General Plan by encouraging transit-oriented
pedestrian friendly development.
2. Proper or adequate provision has been made for access to the land to be sold, divided
or subdivided and also the portion of land remaining or that access to the land is by
means of dedicated streets of a sufficient width and state of improvement to
adequately serve the land described in the application.
The Project has been designed to provide adequate access to its residences and retail
establishments. Access to the Project is provided via Foothill Boulevard on the south and
North Dalton Avenue on the west. Combined, these dedicated public streets are of
sufficient width and have adequate capacity. to serve the proposed project as well as
adjacent properties. Additionally, the City Engineer has concluded that any potential traffic
associated with the Project is minimal and no intersection improvements are necessitated.
Therefore, adequate provision has been made to provide access to the Project from
dedicated streets of sufficient width.
3. Proper and adequate provisions have been made for all public utilities and public
services, including sewers.
The Project provides adequate provisions for all public utilities and public services. Under
the Project, the Developer will install and maintain all walkways, lighting other
improvements, structures and landscaping in the Project area. The Developer will also be
responsible for providing adequate sewer connections to serve the Project. Thus, proper
and adequate provisions exist for all public utilities and public services.
GENERAL PLAN AMENDMENT FINDINGS
DaltonGenera[PlanAmen 040708.doc
Page 13 of 19
April 7, 2008
The Honorable Mayor and City Council
Subject: DALTON—FOOTHILL M D-USE DEVELOPMENT APPLICATION
Prior to approving this General Plan Amendment, the following findings must be made:
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1. That the proposed amendment is in the public interest and that there will be a
community benefit resulting from the amendment.
The proposed amendment is a crucial component to the redevelopment of the entire block
(excepting the Senior Center building). This type of mixed-use, higher density development
proposed is a much more appropriate use for the centrally located, transit adjacent site. The
parking lot, while well patronized, is too low an intensity of use for a site within five minute's
walk of a future Gold Line station. The Senior Center's current parking will remain in place
and intact until adequate replacement ,parking can be provided to the satisfaction of the
Community and Economic Development Department Director.2 The southern portion of the
site is currently vacant and unused, meaning that the proposed project will eliminate an
attractive nuisance as well as greatly enhance the neighborhood by contributing pedestrian
friendly retail, eyes on the street for security, and a ready customer base.
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2. That the proposed amendment is consistent with the other goals, policies, and
objectives of the General Plan.
General Plan, p. 1,-5 Since a focus on pride of home ownership is critical to strengthening
neighborhoods, more home ownership opportunities will be encouraged through compatible
infill development in existing neighborhoods, mixed-use housing along corridors and in the
Downtown and University Districts as well as fixing what we have and offering incentives to
new buyers. "
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The proposed mined-use development will add 57 stacked flats and- 16 townhomes to the
Downtown District. This will result in the addition of 73 new homeowners within the City. .
The addition of new homes and home owners is consistent with the goal, policies and
objectives of the General Plan which encourages home ownership opportunities.
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General Plan, p. 1-6 "Our historic Downtown is the heart of our City. ' When the Cold Line
light rail is built, 'the old train depot will anchor the north end of Downtown, attracting
homes and stores,for those who want to be in walking distance of commuter transit.
The proposed development will attract those who are interested in living close to commuter
transit. It will alsol provide pedestrian friendly retail and homes. This new downtown transit-
oriented center will help enliven the "heart of our City."
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General Plan, p. 3-3 'District-wide urban form strategies aim to strengthen the destination
nodes of Azusa as centers of the city. These strategies include:
a. establishinggU/delines and cata�vt/c projects for the Downtown district, civic center and
a transit-orienited district,.
b. encouraging m,med--use development in the Downtown and University Districts;
c. implementing,a shared parking or park once'strategy for the Downtown and, perhaps,
the University,District in the city"
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Z The Planning Commission has recommended that the replacement parking must be to the satisfaction of the Planning Commission
rather than the Economic and Community Development Director.
DakonGeneralPlanAmen_040708.80C
Page 14 of 19
April 7, 2008 _
The Honorable Mayor and City Council
Subject: DALTON-FOOTHILL MIXED-USE DEVELOPMENT APPLICATION
The proposed mixed-use development has the potential to be a catalytic project for the
Downtown District, helping to bring in the critical mass needed for a truly pedestrian-
oriented, destination node. The project will be adjacent to the Gold Line light rail and will
create a transit-oriented district ideal for residents that want to live close to public
transportation centers. Additionally, the project will bring mixed-use development into the
City combining new housing with retail establishments. The new development will be served
by a shared parking structure, which is encouraged by the General Plan.
3.. That the proposed amendment will not conflict with provisions of the zoning ordinance,
subdivision regulations, or any applicable specific plan.
One component of the proposed mixed-use development involves the eventual
redevelopment of the City's Senior Center parking lot at a future time. The parking lot's
existing General Plan Public/Civic designation will not allow it to be developed as a
residential use. As a result, the General Plan designation is proposed to be changed from
"Public/Civic" to "Commercial/Residential Mixed Use," thereby allowing residential and
mixed-use on the site. This Development Code change will be submitted concurrently with
this request, thereby ensuring zoning consistency.
4. That the amendment will not adversely affect surrounding properties.
The proposed amendment will facilitate the redevelopment of the site. Currently, the site is
underutilized and as such, acts as a factor contributing to the continuation of blight that
plagues the redevelopment area. The proposed amendment will allow the commencement
of redevelopment activities and may act as a catalyst for the redevelopment of the area
resulting in the elimination of blight and increased property values.
An Addendum to the General Plan EIR has been submitted concurrently with this request.
California Environmental Quality Act guidelines for amending an EIR provide that an
Addendum to a previously certified EIR may be prepared, where a determination is made
based on substantial evidence that none of the following exist:
a. Substantial changes to the project are made, requiring major revisions to the previous
EIR.
b. Substantial changes have occurred regarding circumstances under which the project is
undertaken, requiring major revisions to the previous EIR.
c. New information of substantial importance has developed, which was not known at the
time the previous EIR was certified, and which shows any of the following:
The project will have one or more significant effects not discussed in the previous
EIR.
Previously identified significant effects will be substantially more severe.
Mitigation measures or alternatives previously found not to be feasible are now
feasible, or are considerably different than those analyzed in the previous EIR, either
of which would substantially,reduce one or more significant effects, but the project
proponents decline to adopt the measures or alternatives.
None of the conditions of Section 15162 of the California Environmental Quality Act exist.
There are no substantial changes proposed by the Project that would require major revisions
to the previously adopted EIR. Additionally, no new information has come to light which
DaltonGeneralPlanAmen 040708.doc
Page 15 of 19
April 7, 2008
The Honorable Mayor and City Council
Subject: DALTON-FOOTHILL Whl)-USE DEVELOPMENT APPLICATION
would create significant or severe effects. Therefore an Addendum, rather than a
Subsequent or Supplemental EIR, has been deemed appropriate for activities related to the
development of the proposed Project. Furthermore, given that the scope of the proposed
Project is less intense than what was analyzed in the EIR, staff has determined that the
impacts are inconsequential to the long range development of the City anticipated under the
General Plan and Development Code EIR.
ZONING MAP AMENDMENT FINDINGS
Prior to the City Council introducing the first reading of the Zoning Ordinance Amendment ZCA-226
and Z-2007-01 and prior to the City Council approving Zoning Ordinance Amendment ZCA-226 and
Z-2007-01, the following findings must be made:
I. That the proposed amendment is consistent with the goals, policies, and objectives of
the General Plan.
General Plan,,p. P-5 `Since a focus on pride of home ownership is critical to strengthening
neighborhoods, more home ownership opportunities will be encouraged through compatible
infill development:in existing neighborhoods, mixed-use housing along corridors and in the
Downtown and University Districts as well as fixing what we have and offering incentives to
new buyers. "
The proposed mixed-use development will add 57 stacked flats and 16 townhomes to the
Downtown District. This will result in the addition of 73 new homeowners within the City.
The addition of new homes and home owners is consistent with the goal, policies and
objectives of the General Plan which encourages home ownership opportunities.
General Plan, p. I=6 "Our historic Downtown is the heart of our City. ' When the Gold Line
light rail is built, the old train depot will anchor the north end of Downtown, attracting
homes and stores for those who want to be in walking distance of commuter transit.
The proposed development will attract those who are interested in living close to commuter
transit. It will also provide pedestrian friendly retail and homes. This new downtown transit-
oriented center will help enliven the "heart of our City."
General Plan, p. 3-3 District-wide urban form strategies aim to strengthen the destination
nodes ofAzusa asicenters of the city. These strategies include:
a. establishing guidelines and cata6dic projects for the Downtown district, civic center and
a transit-oriented district,•
b. encouragingmixed-use development in the Downtown and University Districts;
c. implementing a shared parking or park once'strateSy for the Downtown and, perhaps,
the University District in the city"
The proposed mixed-use development has the potential to be a catalytic project for the
Downtown District, helping to bring in the critical mass needed for a truly pedestrian-
oriented, destination node. The project will be adjacent to the Gold Line light rail and will
create a transit-oriented district ideal for residents that want to live close to public
transportation centers. Additionally, the project will bring mixed-use development into the
DaltonGeneralPlanAmen 040708.doc
Page 16 of 19 -
April 7, 2008
The Honorable Mayor and City Council
Subject: DALTON-FOOTHILL MIXED-USE DEVELOPMENT APPLICATION
City combining new housing with retail establishments. The new development will be served
by a shared parking structure, which is encouraged by the General Plan.
2. That the proposed zone change will not adversely affect surrounding properties.
The proposed amendment will facilitate the redevelopment of the site. Currently, the site is
underutilized and as such, acts as a factor contributing to the continuation of blight that
plagues the redevelopment area. The proposed amendment will allow the commencement
of redevelopment activities and may act as a catalyst for the redevelopment of the area
resulting in the elimination of blight and increased property values.
An Addendum to the General Plan EIR has been submitted concurrently with this request.
California Environmental Quality Act guidelines for amending an EIR require that the
following criteria are met:
a. only minor technical changes are needed to make the analysis in the prior EIR sufficient,
b. the changes to the Project Description are non-significant and contain elaborations upon
or clarifications to components of a project that were described in a conceptual or
schematic manner in the original EIR;
c. non-significant environmental impacts are anticipated that were not contemplated in the
prior document; and
d. no additional substantial mitigation planning is necessary for project implementation;
clarification and refinement of mitigation planning is acceptable.
None of the conditions of Section 15162 of the California Environmental Quality Act exist.
There are no substantial changes proposed by the Project that would require major revisions
to the previously adopted EIR. Additionally, no new information has come to light which
would create significant or severe effects. Therefore an Addendum, rather than a
Subsequent or Supplemental EIR, has been deemed appropriate for activities related to the
development of the proposed Project. Furthermore, given that the scope of the proposed
Project is less intense than what was analyzed in the EIR, staff has determined that the
impacts are inconsequential to the long range development of the City anticipated under the
General Plan and Development Code EIR.
DESIGN REVIEW FINDINGS:
Prior to the City Council approving the Design Review application, the following findings must be
made:
I Provides architectural design, building massing and scale appropriate to and
compatible with the site surroundings and the community.
The architectural design is reflective of the styles found in traditional early 1900s southern
California downtown districts. The design of the mixed-use building creates an attractive
street presence through the incorporation of a variety of elements, including decorative
wrought iron railings and window grills, stone detailing, storefront awnings and the
articulation of walls and roofline. The townhomes have design details like post, and lintel
porches, wood shutters, pot shelves under windows, and stucco trim. The three-story
townhome buildings face Dalton Avenue while the two-story townhomes abut the existing
DaltonGeneralPlanAmen 060708.doc
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Page 17 of 19
April 7, 2008
The Honorable Mayor and City Council
Subject: DALTON-FOOTHILL MIXED-USE DEVELOPMENT APPLICATION
residential to they east. The massing of the four-story building is appropriate given the
surroundings and !the goals of the Downtown to create a compact pedestrian oriented
district. The four-story building is adjacent to California Burger and its parking lot along
Foothill Boulevard lito the east. .
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Two six-foot, splitlface masonry walls are proposed for the eastern edge of the project. One
will run along the eastern border of the townhome parcels, the other along the eastern edge
of the mixed-use, stacked-Flats and parking garage parcels. The new walls will meet at both
ends of the existing wall along the east side of the Senior Center. Between the mixed-use
portion and the wall will be ten feet of landscaping, including evenly spaced, 30-foot canopy
trees. Between the townhomes and the wall will be 6 feet of landscaping.
2. Provides attractive and desirable site layout and design, including, but not limited to,
building arrangement, exterior appearance and setbacks, drainage, fences and walls,
grading, landscaping, lighting, signs, etc.
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The Project is thoroughly designed to be attractive and aesthetically complementary to the
community. The site layout and design is in keeping with sound urban design principles for
the Downtown District. The buildings are built to the sidewalk for maximum pedestrian
orientation. Parking for the mixed-use building is hidden within a parking garage wrapped on
three sides. Townhome parking is in individual garages and four surface stalls. Landscaped
courtyards and private patios within the mixed-use and townhouse complexes provide
pleasant passive open space.
3. Provide efficient and safe public access, circulation and parking.
The Project provides efficient and safe public access, circulation, and parking. Public access
to the retail shops is generally from the public sidewalks along Dalton Avenue and Foothill
Boulevard. Parking for the retail and condominium residents is within the parking garage.
Residential parking is segregated for security purposes from the commercial and guest
parking area by a key controlled gate. The project provides more residential and commercial
parking spaces than required by the Development Code. As such, the Development Code is
proposed to be an to allow for the additional parking.
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4. The project provides appropriate open space and landscaping, including the use of
water efficient landscaping.
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The Project provides open spaces, attractive landscaping and utilizes drought resistant
plants. Both common and private open space area are provided for the residential
component of the project. The common open space areas for both the mixed-use building
and the townhomes are in the form of a stepping-stone lined courtyard with separate
pathways to private, colored-concrete patios. Private open space areas consist of private
balcony and patios.
5. Is consistent with the General Plan, any applicable specific plan, development
agreement, and/or any previously approved planning permit.
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The Project is consistent with the General Plan. General Plan, p. 1-5 Since a focus on pride
of home ownership is critical to strengthening. neighborhoods, more home ownership
opportunities will be encouraged through compatible infill development in existing
DaltonGeneralPlanAmen 040708.doc
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Page 18 of 19
April 7,2008 _
The Honorable Mayor and City Council
Subject: DALTON-FOOTHILL MOLD-USE DEVELOPMENT APPLICATION
neighborhoods, mired-use housing along corridors and in the Downtown and University
Districts as well as Fixing what we have and offering incentives to new buyers. "
The Project will add 57 stacked flats and 16 townhomes to the Downtown District. This will
result in the addition of 73 new homeowners within the City. The addition of new homes
and home owners is consistent with the goal, policies and objectives of the General Plan
which encourages home ownership opportunities.
General Plan, p. 1-6 "Our historic Downtown is the heart of our City. ' When the Gold Line
light rail is built, the old train depot will anchor the north end of Downtown, attracting
homes and stores for those who want to be in walking distance of commuter transit.
The Project will attract persons interested in living close to commuter transit. It will also
provide pedestrian friendly retail and homes. This new downtown transit-oriented center
will help enliven the "heart of our City."
General Plan, p. 3-3 District-wide urban form strategies aim to strengthen the destination
nodes of Azusa as centers of the city. These strategies include:
a. establishing guidelines and catatvac projects for the Downtown district, civic center
and a transit-oriented district;
b. encouraging mixed-use development in the Downtown and University Districts;
C. implementing a shared parking or park once' strategy for the Downtown and,
perhaps, the University District in the city"
The Project has the potential to be a catalytic project for the Downtown District, helping to bring in
the critical mass needed for a truly pedestrian-oriented, destination node. The Project will be
adjacent to the Gold Line light rail and will create a transit-oriented district ideal for residents that
want to live close to public transportation centers. Additionally, the Project will bring mixed-use
development into the City, thereby, combining new housing with retail establishments. The new
development will be served by a shared parking structure, which is encouraged by the General Plan.
6. Complies with all applicable requirements of the Development Code, and any other
adopted City design standards, guidelines, and policies.
The Project is consistent with the development standards of the Development Code as
modified by the Development Code Amendment submitted concurrently with this
application. One component of the proposed mixed-use development involves the
redevelopment of the City's Senior Center parking lot. The parking lot's existing General
Plan Public/Civic designation will not allow it to be developed as a residential use. As a
result, the General Plan designation is proposed to be changed from "Public/Civic" to
"Commercial/Residential Mixed Use," thereby allowing residential and mixed-use on the site.
This Development Code change will be submitted concurrently with this request, thereby
ensuring zoning consistency.
CONCLUSION
This project has undergone extensive 'review and discussion at many public participation events.
These events include, but are not limited to:
DaltonGeneralPlanAmen 040708.doc
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Page 19 of 19
April 7, 2008
The Honorable Mayor and City Council
Subject: DALTON-FOOTHILL MIXED-USE DEVELOPMENT APPLICATION
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• I I public Downtown North Advisory Committee (DNAC) meetings
• two publicly-noticed architectural tours attended by City Council, Planning Commission,
and DNAC members
• a special presentation to the Senior Center patrons
• two presentations to the Senior Advisory Council.
Staff has analyzed the proposal and recommends that the General Plan Amendment, Zoning Code
Amendment, Vesting Tentative Tract Maps, and Design Review be approved.
FISCAL IMPACT f
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The Redevelopment Agency of the City of Azusa owns the project site. It is anticipated that, when
the national economic conditions improve, the project site will be sold to a potential developer. At
that time, the sale of the project site and with the new tax increment from the development itself, it
is anticipated to generate funds that may be used to assist with the development of a new joint
Library and Senior Center
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ATTACHMENTS
Attachment A- Conditions of Approval
Attachment B - Draft Genleral Plan EIR Addendum
Attachment C- Draft Vesting Tentative Tract Map Resolution VTTM-069751
Attachment D- Draft General Plan Amendment Resolution and General Plan Amendment
Attachment E- Draft Zone Change Amendment Resolution ZCA-226 and Z-2007-01 and
Development Code Overlay
Attachment F - Draft Design Review Resolution
Attachment G - Proposed Project Plans
Attachment H - Planning Commission Staff Report, March 12, 2008
Attachment 1 - Planning Commission Staff Report, March 26, 2008
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DaltonGeneralPlanAmen_040708.doc
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`.,OF,e, ` ..
:Cq(r�a�P
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: F. M DELACH, CITYMANAGER,�W4)
DATE: APRIL 7, 2008
SUBJECT: CONDISERATION OF GRANTING ELIGIBILITY TO APPLY FOR A FIREWORKS SALES PERMIT TO
THE GLADSTONE HIGH SCHOOL FOOTBALL BOOSTERS/LINEBACKERS CLUB.
RECOMMENDATION
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It is recommended that City Council grant the appeal for eligibility to apply for a Fireworks Sales Permit to the
Gladstone High School Boosters/Linebackers Club based on their stated intent to apply for such permit last
year and Article IV; Section 30,-132 of the Azusa Municipal Code; Paragraph (b) providing that two permits
may be issued to Azusa High School, Gladstone High School, and Azusa Pacific University.
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BACKGROUND
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At the regular meeting of the Azusa Utility Board of February 25, 2008, representatives of the Gladstone High
School Football Boosters/Llnel)ackers Club, made an appeal to the City that their organization had intended
to apply for a Fireworks Sales:.Permit and pay the permit fee. The individual responsible for this action was
reported to have not filed the!necessary paperwork, but no one in the organization was aware that the
individual had "dropped the fall".
Although there is no provision, in the Ordinance regulating the issuance of Fireworks Sales Permits to provide
for automatic reinstatement of a permit/sales license; Article IV; Section 30-132 of the Azusa Municipal
Code; Paragraph (b) provides that two permits may be issued to Azusa High School, Gladstone High School,
and Azusa Pacific University. (Representatives from the Boosters Club contend that it was always their intent
to comply with the regulation I requiring payment of the permit fee to "hold your spot" as an authorized seller;
the individual responsible for the matter did not follow through as believed by the organization's leadership.
The Ordinance regulating the lissuance of sales permits has an "automatic attrition" factor built into the
design to reduce the number of vendors over time. This element was inserted to hopefully reduce the
negative impact of fireworks on the community as well as improve the profitability of the venture by the
remaining community school:and non-profit groups.
The possible solution is to allow the Gladstone Football Boosters/Linebackers Club to submit the permit fee
for last year as would have been required, and be allowed to reapply this year under Article IV; Section 30=
132 of the Azusa Municipal Code; Paragraph (b) providing that two permits may be issued to Azusa High
School, Gladstone High School, and Azusa Pacific University.
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ORDINANCE NO.06-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, AMENDING CHAPTER 30 OF THE AZUSA MUNICIPAL
CODE BY RESTATING IN THEIR ENTIRETY DIVISIONS 1 AND 2 OF
ARTICLE IV OF CHAPTER 30 CONCERNING THE REGULATION OF
THE SALE AND DISCHARGE OF FIREWORKS WITHIN THE CITY OF
AZUSA I
NOWJTBEREFORE,THE PEOPLE OF THE CITY OF AZUSA DO
ORDAIN AS FOLLOWS:
SECTION 1. Articlei IV of Chapter 30 of the Azusa Municipal Code is hereby repealed and
restated in its entiretylto read as follows:
"ARTICLE IV. FIREWORKS
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DIVISION 1. GENERALLY
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Sec.30-100. Intent.
The provisions of this article are intended to regulate the sale and use of safe and sane
fireworks and the prevention of fires and personal injury thereby. They are, furthermore,
from the revenues received. The fees required by this
provided to ensure a community benefit
article are for regulation purposes.
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Sec.30-101. Definitions.
Thefollowing words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Safe and sane means only those that have been classified and registered as safe and sane by the
state law(CalifornialHealth and Safety Code § 12500 et seq.) and the state fire marshal.
Sec.30-102. Rest
nctions on sale or discharge.
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(a) Except as provided in this article, the sale, offering for sale or the discharge within the
City of fireworks) of any kind, nature or description, including those devices defined as
fireworks in California Health and Safety Code § 12511,is prohibited.
(b) Any property owner or person in control of property who allows a person to sell, use,
discharge or possess fireworks that are not safe and sane on the property owned by such person,
or under such person's control, shall be in violation of this section, irrespective of such person's
intent, knowledge or negligence, said violation hereby being expressly declared a strict liability
offense.
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Sec.30-103. Permitted discharge.
(a) Except as otherwise provided in this article, annually on July 4 beginning at noon
and ending at midnight, safe and sane fireworks may be discharged only in residential zones
within the City:
(b) Safe and sane fireworks shall not be discharged at any other time nor in any other
zone of area other than provided in this section. Except as provided in Section 30-104, no
fireworks, including safe and sane fireworks, may be discharged in any park, commercial
parking lot or the public sidewalks, alleys and/or street rights-of-way immediately adjacent to
such park or commercial parking lot in the City.
(c) Regardless of the zone in which a fireworks sales stand is located, safe and sane
fireworks shall not be discharged within 100 yards of any fireworks stand.
(d) No fireworks, including safe and sane fireworks, may be discharged on any
property located north of the centerline of Sierra Madre Avenue.
See. 30-104. Public displays.
Fireworks may be discharged at any celebration of a public or semipublic nature if a
permit authorizing the discharge of fireworks is obtained in advance of the celebration from the
City Council. Any such permit may be issued subject to such conditions as may be necessary for
the protection of the public peace or safety.
Sec.30-105. Construction, maintenance and operation of temporary firework sales
stands.
All temporary stands for the retail sale of safe and sane fireworks shall be constructed,
maintained, operated and removed in the manner and subject to the following conditions:
(1) Temporary fireworks stands shall be constructed entirely out of metal or
synthetic materials of demonstrated low flammability and shall have metal flooring attached.
Temporary fireworks stands need not comply with the provisions of the City building code;
provided, however, that all stands shall be erected under the supervision of the building official
and shall be constructed in a manner that will reasonably ensure the safety of attendants and
patrons.
Notwithstanding the requirement for the construction of metal or synthetic
material fireworks stands, fireworks wholesalers and/or fireworks, stand providers shall be
provided with a grace period for compliance with this section. At least thirty percent (30%) of
all fireworks stands provided by a wholesaler/provider shall be in compliance with this section in
2006. At least sixty percent (60%) of all fireworks stands provided by a wholesaler/provider
shall be in compliance with this section in 2007. All fireworks stands provided by a
wholesaler/provider shall be in compliance with this section in 2008 and thereafter.
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(2) No person other than the permittee organization shall operate the stand for
which the permit is issued or share or otherwise participate in the profits of the operation of such
stand.
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(3) No person other than the individuals who are members of the permittee
organization or the spouses or adult children of such members shall sell or otherwise participate
in the sale of fireworks rat such stand.
(4) No person shall be paid or receive any other consideration for selling or
otherwise participating lin the sale of fireworks at such stand.
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(5) No person shall be allowed in the interior of the stands, except those
directly engaged in the!sale of fireworks.
(6) There shall be at least one adult supervisor on duly on a 24-hour basis
during the time the permit authorizes the sale of fireworks, regardless of whether the fireworks
stand is open for business or not. No person under 18 years of age shall be allowed inside the
stand at any time.
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(7) No smoking signs shall be prominently displayed both inside and outside
the stand.No smokinglshall be permitted within the stand or within five feet of the stand.
(8) All weeds and combustible material shall be cleared from the site on which
the stand is erected.No rubbish shall be allowed to accumulate in or around any fireworks stand
nor shall a fire nuisan be permitted to exist.
(9) No stand shall be erected before June 15 of any year. The stand shall be
removed from the premises on which it is erected and the premises shall be cleared of all
structures and debris niot later than 5:00 pm of July 7.
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(10) All stands shall be equipped with at least one fire extinguisher for each
exit in the stand. The jfue extinguisher shall be approved as to efficiency and safety by the fire
department. i
(11) (Each stand in excess of 20 feet in length shall have at least two exits;
provided, however, in no case shall the distance between exits exceed 20 feet, and the total
length of any fireworks stand shall not exceed 40 feet.
(12) No stand shall be constructed with a depth of more than 12 feet.
(13) !No stand shall be placed closer than 20 feet from any permanent building,
100 feet from any gasI oline pump, or 300 feet from another fireworks stand.
(14) 1 with each sale of fireworks, the person selling the fireworks shall
personally hand to.thl customer a warning sheet describing the sections of this article regarding
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the dates and locations within the City where fireworks may be discharged. The warning sheet
shall be prepared by the police department and shall.describe the sections of this article and shall
include a map showing the various areas within the City where fireworks may be discharged.
The business licensing section of the economic and community development department shall
ensure that the sheet is distributed with all permit packages. The police department shall
distribute to each permittee on or before June 15 of each year the warning sheet to be used by the
fireworks stand operators. Each permittee operating a stand shall be responsible for reproducing
the warning sheet and distributing it to each customer of the stand. It shall be unlawful for the
permittee of any stand or any person working at the stand to sell fireworks to any person without
personally distributing the warning sheet to each customer. The failure of any person purchasing
fireworks to receive the warning sheet shall not excuse his failure to comply with the sections of
this article relating to the discharge of safe and sane fireworks.
(15) No fireworks stand shall be permitted to operate North of an Easterly or
Westerly prolongation of Ninth Street to the City limits.
(16) No fireworks stand shall be located on any vacant or unimproved parcel of
land.
(17) The placement of any temporary portable signs or other advertising media
within any public right of way shall be prohibited.
(18) It is unlawful for any person to sell, provide or distribute fireworks to a
retail seller of safe and sane fireworks, on the condition that the retail seller of such fireworks
shall sell or distribute such fireworks only from a stand location in which the provider has any
interest, option or lease, or in any other manner to restrict the location of such stand.
(19) Sales of safe and sane fireworks to persons under 18 years of age are
prohibited.
(20) No person shall discharge safe and sane fireworks on the property of
another without their consent.
(21) Nothing in this article shall prohibit the owner of any multi-family
dwelling from prohibiting the discharge of safe and sane fireworks on their property as a
condition of a rental agreement.
(22) Nothing in this article shall prohibit the governing board of any common
interest development from adopting rules and regulations governing the discharge of safe and
sane fireworks within the boundaries of a common interest development.
(23) The permit holder for each fireworks sales stand shall cause a sign to be
posted on each side of the stand declaring that the sale and discharge of non-safe and sane
fireworks is prohibited and that violation of the City's fireworks regulations will result in
criminal citations and/or civil fines of$250 to $500 per violation.
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Sec.30-106 Violation; penalty.
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Any person who discharges, sells, or operates a stand in violation of this article is subject
to criminal citations and administrative fines and penalties as set forth in Division 2 of this
Article as described Weinbelow.
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Sees.30-107-30-130. Reserved.
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DIVISION 2.WHOLESALE AND RETAIL SALE PERMITS
See.30-131. Retail salts application.
Applications for a retail safe and sane fireworks sale permit shall be in writing and shall
contain the following:
(1) The name and address of the applicant organization.
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(2) The applicant organizations status as a nonprofit organization.
(3) The date upon which the applicant organization was organized and
established and the number of adults who are members of the applicant organization.
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(4) The name and addresses of the officers, if any, of the applicant organization
along with the names,addresses, and telephone numbers of any officers of the organization.
(5) The location where the applicant organization proposes to sell fireworks
along with a letter of authorization signed by the property owner which shall include the property
owners mailing address and telephone number.
(6) The location of the applicant organizations principal and permanent meeting
place.
(7) The applicant organizations state board of equalization sales tax permit
(8) The applicant organization shall, at the time of receipt of such permit,
deliver to the Cityj a copy of a public liability insurance policy in the amounts of
$25,000.00/$50,000.00 and a property damage insurance policy in the amount of $5,000.00
issued to the applicant organization with a rider attached to the policy designating the City as an
additional insured thereunder.
(9) Assurance that if the permit is issued to the applicant organization, the
applicant organization will use the net proceeds from the sale of fireworks for the promotion of
youth activities,veteran, patriotic,civic,or charitable activities within the City.
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(10) The applicant organization shall provide a list of all promotional activities
for youth,veteran, patriotic, civic, and charitable activities performed with the net proceeds from
fireworks sales within the City of Azusa for the previous year, and list proposed expenditures in
these areas for the following year. The City may verify any expenditure itemization submitted
prior to issuing a permit to sale fireworks. In the event the applicant organization cannot provide
the required expenditure itemization, a permit shall be denied.
(11) Falsification of any required application information shall be grounds to
deny any future fireworks sales permits to the applicant organization.
Sec.30-132.Issuance of retail sales permit.
(a) Upon the receipt on or before April 1 of each year of a written application therefor,
the city manager or his/her designee may, subject to the reduction provided for in subsection (e)
below, issue a maximum of 23 permits for the sale of safe and sane fireworks to nonprofit
associations or corporations organized for veteran, patriotic, youth serving, civic betterment or
charitable purposes which:
(1) Supports youth programs solely for students of the Azusa Unified School
District; or
(2) Has all of the following:
a. Its principal and permanent meeting place in the City limits;
b. Been organized and established in the City for a minimum of three
years continuously preceding the filing of the application for the
permit; and
c. Who meet regularly within the City; and
d. Has submitted all required application information.
(b) Only one permit shall be issued per organization regardless of the number of
individual chapters or subgroups associated with the organization, or meeting within the City of
Azusa; provided, however, that two permits may be issued to Azusa High School, Gladstone
High School,and Azusa Pacific University.
(c) The city manager or his/her designee shall either grant or deny the permit before
May 1. If the application for the permit is denied, the applicant organization may appeal to the
City Council. After such investigation as it deems appropriate, the City Council may issue or
refuse to issue the permit. If it issues the permit the City Council may attach such conditions to
the permit as are required for the protection of the public peace or safety.
(d) The decision of the City Council upon the application shall be final.
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ORANGEOR022692.1
(e) The 23 permits issued for fireworks sales in July 2006 shall be deemed permits on
the "established list." If in any subsequent year any permittee on the "established list" does not
apply for or receive a sale permit pursuant to this section 30-132 then the maximum number of
permits as set forth in subsection (a)herein shall be reduced by the number of permittees that do
not re-apply and the pemmittee(s) shall be removed from the "established list." Retail sales
permits are to be held by the applicant organization only and are not transferable or subject to
assignment for any reason whatsoever.
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Sec.30-133. Permittee compliance required.
(a) If, in the; opinion of the city manager or his/her designee, the construction of a
temporary fireworks stand or the operation and maintenance of the stand does not conform to
this article, any peace officer may order that the stand be immediately closed.
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(b) If a permittee fails to comply with this article or with the orders of the fire
department, building division, or any peace officer, that fact shall constitute sufficient grounds
for the denial in any subsequent year of any application by that organization for a permit to sell
fireworks.
See.30-134.Time,location restrictions.
(a) The pe it required in this division shall authorize the sale of safe and sane
fireworks beginning.at 12:00 noon on July 1 and ending at 10:00 p.m. on July 4.No person shall
sell a safe and sane firework at any other time than those times authorized herein.
(b) The permit shall authorize the sale of safe and sane fireworks only from the
temporary stand erected at the location specified in the application. Each applicant shall be
limited to one permit a year, and each permit shall be limited to one stand, except as provided in
Section 30-132(b).
Sec. 30-135. Reserve i.
Sec. 30-136. Regulations on wholesalers; permits; stand removal and payment of
regulatory fees.
(a) Except as provided herein, no manufacturer, importer, exporter or wholesaler of
fireworks shall offer for sale or sell at wholesale any fireworks of any kind without having first
applied for and received a wholesale permit therefore, from the City's business license officer
and paid the annual regulatory fee amount described in subsection (c) below. All applications
for a wholesale permit to sell shall:
(1) I Be made in writing, accompanied by a fee established by resolution of the
City Council.
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(2) Be submitted to the City only between the In day of April and the 30th
day of April each calendar year.
(3) Be accompanied by an assurance that if the wholesale permit is issued to
the applicant, the applicant shall, at the time of receipt of such wholesale permit, deliver to the
business license officer of the City evidence of general commercial liability and property damage
insurance in the form of certificates with riders or endorsements designating the City and its
employees, officials and agents as additional insured.
(4) Contain such other information as may be required by the business license
officer.
(5) Contain a statement that safe and sane fireworks shall not be Tarnished,
sold, distributed or placed in the possession of any person or organization in the City, or for sale,
use or distribution in the City, unless such person or organization holds a valid and unrevoked
permit from the City to so possess sell,use or distribute such."
(b) Upon issuance of a wholesale permit the permittee shall deposit with the City a
security deposit of$500.00 for each retail sales stand it will construct in the City. The security
deposit shall be returned in full provided that each stand is removed on or before July 7 at 5:00
pm. For each day past the deadline the permittee shall forfeit $100.00 per day, per stand. The
failure to timely remove stands may be used as grounds to deny a future wholesaler application.
(c) The City shall also assess a regulatory fee to pay for the cost of processing and
issuing permits under this article; the inspection of stands; a public education and awareness
campaign; enforcing the provisions of this chapter, including personnel time; and clean-up of the
trash and debris left behind each year. The regulatory fee shall be paid by the manufacturer,
importer, exporter or wholesaler of fireworks sold in the City in proportion to the number of
stands constructed in the City. The regulatory fee shall be established on a yearly basis by
separate resolution of the City Council.
Sec. 30-137 Penalties.
(a) Whenever a peace officer charged with the enforcement of any provision of the
Municipal Code determines that a violation of this article has occurred, the peace officer shall
have the authority to issue an administrative citation to any person responsible for the violation.
(b) Whenever'a peace officer charged with the enforcement of this article determines
that a violation of the article has occurred, the peace officer may issue an administrative citation
for each violation found to have occurred.
(c) Citations issued pursuant to this article shall carry administrative fines of $250
and$500.
(d) Violations of this article may also be cited as criminal misdemeanor violations in
accordance with Chapter I of this code."
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ORANGEI.SRCM692.1
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SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional
or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The
City Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase thereof irrespective of the fact that any one ore more
subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared
unconstitutional, invalid or ineffective.
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SECTION 3. This ordinance shall be in full force and effect thirty (30) days after its
passage.
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SECTION 4. The City Clerk shall certify the adoption of this ordinance and shall cause
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the same to be posted as required by law.
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PASSED,APPROVED AND ADOPTED this 3d day of January, 2005.
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Dl e Chagnon, Mayor
ATTEST: /
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Vera Mendoza, City Clerk
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ORANGESR022692.1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the
foregoing Ordinance No. 06-01 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 19°i day of December, 2005, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 3`d day of
January,2006,by the following vote,to wit:
AYES: COUNCILMEMBERS: CARRILLO, HARDONS, CHAGNON
NOES: COUNCILMEMBERS: ROCHA, HANKS
ABSENT: COUNCILMEMBERS: NONE
�era-menddoza
City Clerk
APPROVED AS TO FORM:
f-\ '7�
Cil Attorney
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ORANGELSRC\22692.1
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CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
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MONDAY,MARCH 17,2008—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.
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CLOSED SESSION Closed Sess
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The City Council recessed to Closed at 6:30 p.m. to discuss the following: Recess
REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.81 Real Prop Neg
Property Address: 17525 E.Arrow Hwy,(N/E corner Azusa and Arrow) 17525 E. Arrow
Negotiating Parties: Mr.William Allen Hwy 17511
1 751 1 E.Arrow Hwy,—Mr. Fowler E.Arrow Hwy
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: 812 N.Azusa Avenue,Azusa, CA 91702 812 N.Azusa
Agency Negotiators: City Manager Delach land Assistant City Manager Person
Negotiating Parties: John R. 8.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) Real Prop Neg
Address: 801 N.Alameda Averiue,Azusa, CA 91702 801 N.Alameda
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Negotiating Parties: John R. 8.Lillian O. Cortez, Cortez Family Trust a Watt Genton
Associates, LP
Under Negotiation: Price and Terms of Payment
The City Council reconvened at 6:32 p.m! City Attorney Carvalho advised that there was no Reconvened
reportable action taken in Closed Session. City Attorney
Mayor Rocha called the meeting to order. Call to Order
Mr. Eddie Alvarez led in the salute to the Flag Flag Salute
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INVOCATION was given by Pastor Brian Cooper of Foothill Community Church Invocation
ROLL CALL Roll Call
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PRESENT: COUNCILMEMBERS: GONZ4LES, CARRILLO, MACIAS, HANKS, ROCHA
ABSENT: COUNCILMEMBERS; NONE,
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ALSO PRESENT: Also Present
City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Director of
Utilities Hsu, Police Chief Garcia, Director of Public Works/Assistant City Manager Makshanoff,
Director of Economic and Community Development Coleman, Public Information Officer
Quiroz, Director of Recreation and Family Services Jacobs, Recreation Superintendent
Hamilton, Library Director Tovar, Administrative Services Director — Chief Financial Officer
Kreimeier, City Clerk Mendoza, Deputy City Clerk Toscano.
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PUBLIC PARTICIPATION Pub Part
Mr. Mike Lee addressed Council highlighting several items as follows: Armory Meeting; Jakes M. Lee
Hot Dogs; congratulated Sandra Rentschler and public employees for their service; and banners Comments
on Azusa Avenue plagued with graffiti, and asked that it be investigated.
Ms. Sylvia Contreras and Ms. Gloria Calderon announced the 59' year celebration of Azusa Golden Days
Golden Days on October 11, 2008 and Introduced the board for this year as follows: Lorraine Committee
Somes, Burke Hamilton, Peggy Martinez,Jeffrey Cornejo, Art Ramirez,Joe Guarrera,Joe Jacobs, Comments
John Momot, Irene Villapania, Michelle Martinez and Sandy Franks. The theme for this year is
Golden Snapshots of Azusa's Pioneers. This year's Civic Grand Marshall is Ron White, and they
asked residents to nominate honored citizens.
Ms. Laura Jimenez, Field Representative of Assemblyman Ed Hernandez, addressed Council L.Jimenez
and congratulated Azusa residents Rosario Perez and Anna Abaran who are being honored as Comments
Women of Achievement of the 57°at a celebration on Saturday March 29, 2008 at the Azusa
Senior Center.
Mr. Zack Hawkins and Brittany announced the Bike Azusa event to be held on Sunday, March Z. Hawkins
30, 2008 at 3 p.m.; meeting place will be at Engstrom Faculty Staff parking lot. Azusa Pacific Comments
University students will be biking ten miles throughout the City of Azusa and focus on city
revitalization projects, and various points of Interest to introduce APU students to the city; for
further information call Zack Hawkins at(805)459-9533.
Ms. Suzanne Avila and Ms. Catherine Heinlein announced the Think Riverl Azusa event which S.Avila
will be held as part of Azusa Clean and Green activities in Azusa. Think River will be held on C. Heinlein.
Saturday, April 12, 2008, from 9:00 a.m. - 11:30 a.m. at the Azusa River Park and the event is Comments
being sponsored by CCC, RMC, Azusa PD, Vulcan, and U.S. Forest Service; it was also noted
that Ms. Heinlein will be providing information on nutrition as she is a registered Dietician with
the Azusa Wellness Center.
Executive Director of the Azusa Chamber of Commerce Irene Villapania provided an update on I.Villapania
the membership and events; she thanked all who participated in the State of the City Address Comments
and invited all to the Mixer being held on at the Azusa Library on May 9".
Ms. Maricela Cuevas announced the Azusa Beautiful, a new non-profit organization, event to M. Cueva
be held on Saturday April 5, 2008 at 12 noon in front of City Hall; she detailed the purpose of Comments
the organization and referred to their website for further Information: www.azusabeautiful.ore.
Mr. Randy Noriega, new head softball coach at Gladstone high school, addressed Council R. Noriega
presenting fundraising letters in order to upgrade facilities at the school. Comments
Recreation Superintendent Hamilton addressed Council inviting them and the community to H. Hamilton
participate in the Polar Bear Splash, a fundraising event to benefit the Azusa Dolphins Swim Comments
Team, to be held at Slauson Community Pool on Saturday, March 29, 2008, from 11:00 a.m.-
1:00 p.m. For further information call (626)812-5205.
Mr. Art Morales spoke on the various items as follows: Azusa Chamber of Commerce, new A. Morales
theater, armory meeting, graffiti on banners, grant money for youth free swim, and monument Comments
at Zacatecas park. '
Ms. Peggy Martinez of the Downtown Business Association responded to concerns regarding P.Martinez
the banners in the downtown area and Banner Program; she stated that on April 26`" mothers, Comments
sponsors, sisters, wives, and DBA will be there cleaning the banners. She talked about
quarterly reports she provides to the Redevelopment Agency and announced the Marlachi
Festival on Saturday, March 22, 2008; for further Information call 812-5218.
REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Rpts/Updates
Mr. Bruce Smith Facility Manager of the Southern California Laborers Training Facility, B.Smith
addressed Council and audience providing Information on their program. Comments
Moved by Councilmember Gonzales, seconded by Mayor Pro-Tem Hanks and unanimously Proc R. Olguin
carried to approve a proclamation to Robert Thomas Olguin who will be receiving his Eagle
Scout Award on April 6'".
03/17/08 PAGE TWO
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Moved by Councilmember Carrillo, seconded by Mayor Pro-Tem Hanks and unanimously Proc Azusa
carried to approve a proclamation for the Azusa Woman's Club 100`h Anniversary to be Woman's
presented on April 2"d. Club -
Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously Proc Arbor
carried to approve a proclamation for Arbor Day to be presented and celebrated on April 2"d. Day
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Moved by Mayor Pro-Tem Hanks, secon8ed by Councilmember Gonzales and unanimously Proc Girl Scout
carried to approve a proclamation for Girl Scouts proclaiming January-May 2008 as "Girl Scout Cookie
Cookie Campaign", to be presented to Girl Scout Troop#912 at the April 7, 2008 meeting. Campaign
Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously Proc Loyalty
carried to approve a proclamation proclaiming May 1, 2008 as Loyalty Day, to be presented on Day
May 3'd at VFW Post 8070, at 10 a.m. II
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Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously Proc National
carried to approve a proclamation in celebration of National Library Week, April 13-19, 2008, Library Week
to be presented to the City Librarian at theiApril 7, 2008 City Council meeting.
City Manager Delach responded to questions posed at the City Hall on the Move meeting with City Mgr
Rosedale residents stating that builders, Fieldstone, Taylor Woodrow and Lyon Homes have Comments
closed up but are still planning to continue construction when mortgage labor economy
improves; .they are not in bankruptcy. Christopher Homes are continuing to construct the
Edgemont homes, Magnolia and Mapleton' have stopped construction, but their sales office Is
open. Sierra Madre should be complete and open for traffic on March 31". Chief of Police
Garcia responded to question regarding speeding on Sierra Madre stating that the street is
designed to slow traffic down; there will be no additional traffic patrol but they will place
mobile sign there and there is a stop sign at Veterans Way.
City Attorney Carvalho provided an update on Covina Irrigating Company (CIC) proposed City Attorney
waterline easement on private property within the city limits, stating that the CIC and HOA Update CIC
Attorney have been encouraged to meet, documents have been requested and provided, they
are in the process of obtaining a mediator; she recommended that they help continue to
monitor the situation, and if it is not complete within a reasonable time, three weeks, it be
brought back to Council for re-consideration.
Moved by Mayor Pro-Tem Hanks, Seco ded by Councilmember Carrillo and unanimously Cont to 4/7
carried to continue the item to the meeting of April 7, 2008.
Director of Public Works/Assistant City Manager Makshanoff provided an update on Cal-Trans Dir Pub Works
related Issues stating he met with Cal-Trans District 7 Director Doug Feline and staff and visited Update Cal-
different freeway o ramps. The eastbound ramp of the 210 Fwy, which is leased out, has Trans
watering Issues, the sprinkler system has is manual valve not automatic, they will follow the
drought ordinance. With regard to the freeway sign, an application has been received from Cal
Trans to apply for a sign, he will bring a ;RFQ to hire a landscape architect to design off/on
ramps in the City, and lastly, Mr. Feline has expressed an interest in opening up Highway 39 in
the future. Councilmember Macias notecilthat there is graffiti along the wills between Azusa
and Citrus on the freeway as well as other areas and staff responded that the City will obtain
keys from Cal-Trans to get in and remove the graffiti.
Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously RFQ Landscape
carried to direct staff to obtain RFQ proposals from landscape design firms to design off/on Design
ramps in the City.
Mayor Pro-Tem Hanks thanked Azusa Police Sergeant Jerry Arnold for his rapid response in Hanks
calling the Fire Department when he smelled smoke coming from an Azusa Pacific University Comments
office building, which stopped the fire from!spreading.
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Councilmember Macias talked about the Planning Commissioners role and noted that they are Macias
not being overlooked and Council is open too suggestions from them. He thanked staff and city Comments
employees who attended the employee recognition dinner and for the work they do. He also
thanked staff for removing graffiti on the west side of Cerritos.
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Councilmember Gonzales announced the ahnual Easter Egg Hunt on Saturday,March 22, 2008, Gonzales
at 9:30 a.m. at Memorial Park and Invited all to help decorate Easter eggs on Friday,March 21" Comments
at Memorial Park at 4 p.m. He announced the Kids Come First Golf Tournament on June 13'at
San Dimas Canyon Golf Course.
03/17/08 PAGE THREE
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z Councilmember Carrillo talked about his trip to Washington in order to lobbyfor greater Carrillo
resources to be brought back to the community and to encourage MTA to place the Gold Line Comments
on its list of long range plans. He talked about the cost of the subway system in Barcelona -
Spain and how important public transportation is to the country.
Mayor Rocha express thanks to UMYPA, APU, Gladstone and Sierra High, and American and
National Little Leagues on the events they put on over the past weekend. He asked that the Rocha
meeting be adjourned in memory of Felicitas Quintero and Robert Smith and that all keep in Comments
prayer all servicemen. He announced the Azusa Woman's Club Prayer Breakfast to be held on
Wednesday,March 19", Mariachi Festival to be held on Saturday,March 22"d.,Azusa residents
being honored as Women of Achievement on Saturday March- 29, 2008 at the Azusa Senior
Center by Assemblyman Ed Hernandez, Polar Bear Splash on that same date at 11:00 a.m. and
Salvation Army Liberty.Program, "Got Camp?"
SCHEDULED ITEMS Sched Items
PUBLIC HEARING - AMENDMENT IN AMOUNT OF $2,774,448.78 TO THE WATER UTILITY Pub Hrg
OPERATING BUDGET TO AUTHORIZE APPROPRIATION FOR INSTALLMENTS MADE BY Appro
TRUSTEE TO BONDHOLDERS PURSUANT TO 2006 PARITY REVENUE BONDS ISSUED FOR Amend
WATER SYSTEM CAPITAL IMPROVEMENTS.
Director of Utilities Hsu addressed the Hearing stating that this item is related to the water Dir of Util
bonds issued December 2006, and 4.8 million dollars was put in a trustee account for reserves Comments
and also to pay for Interest payment for the first year and a half. In order to be in compliance
with accounting standards there is a need to approve an amendment to the budget which -
requires a public hearing. He responded to questions posed regarding interest paid stating
that over the life of the bond interest will be equivalent to principal.
Mr.Art Morales addressed the Hearing offering many suggestions for Light and Water funds. A.Morales
Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo and unanimously Hrg closed
carried to close the Public Hearing.
Councilmember Carrillo offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING Res.08-C 19
THE FISCAL YEAR 2007-2008 OPERATING BUDGET FOR THE WATER UTILITY TO AUTHORIZE Approving
APPROPRIATIONS NECESSARY TO COVER INSTALLMENT PAYMENTS MADE BY TRUSTEE ON Appropriation
2006 PARITY REVENUE BONDS. Amendments
Moved by Councilmember Carrillo, seconded by Mayor Pro-Tem Hanks to waive further
reading and adopt. Resolution passed and adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE -
AWARD OF CONTRACT - SIDEWALK & LANDSCAPING IMPROVEMENTS ON ALOSTA AVE. Contracts
Director of Public Work/Assistant City Manager Makshanoff stated that this is a request to Sidewalk&
authorize work for a new sidewalk & landscaping at the Citrus Crossing Shopping Center on Landscape
Alosta. He stated that both Martinez and Mariposa are contractors who have recently worked Improvements
for the City, gone through the bidding process and were low bidders for concrete and Martinez&
landscape work. He requested waiver of the formal bidding process in order to meet deadlines Mariposa
for work at the Shopping Center. He responded to questions posed regarding sidewalk by approved
Burger King and handicapped parking to the north.
City Attorney Carvalho explained that the projects are consistent and qualify under the piggy City Arty
back of the City bids received in January. Comments
Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously Martinez
carried to waive the formal bidding process and award a contract to Martinez Concrete Inc. in Concrete&
the amount of $67,125.00 for sidewalk improvements; and Mariposa Horticultural Inc. In the Mariposa
amount of$58,524.00 for landscaping improvements. Horticultural
CONSIDERATION OF A "REIMBURSEMENT AGREEMENT" TO COVER NECESSARY COSTS Reimbursement
SHOULD AN APPLICATION FOR A PERMIT TO EXCHANGE MINING AREA RIGHTS BE Agmt Vulcan
SUBMITTED TO THE CITY OF AZUSA BY VULCAN MATERIALS. Materials
3/17/08 PAGE FOUR
City Manager Delach addressed the item stating that the Reimbursement Agreement has been City Manager
prepared in the event Vulcan Materials submits a mining application and it will ensure that Comments ,
costs for environmental impact reports and other legal and staff costs are recovered. He
responded to questions posed. F
City Attorney Carvalho responded to questions posed regarding estimates of environmental City Attorney
impact report, signer of the reimbursement agreement, and possible increase for CEQA Response
documents; the actual documents/contracts will come back for signature and with actual
amounts and consultants will provide an estimated quote.
Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo and unanimously Reimbursement
carried to approve the Reimbursement Agreement to cover the City's cost of staff time and Agmt Vulcan
consultants in the review and analysis of ariy future mining applications from Vulcan Materials. approved
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The CONSENT CALENDAR consisting of Items D-I through D-6 was approved by motion of Consent Cal
Councilmember Gonzales, seconded by Mayor Pro-Tem Hanks and unanimously carried with Items
the exception of Items D-4, and D-6 which were considered under the Special Call portion of
the Agenda. Mayor Pro-Tem Hanks abstained from the minutes of the Special Meeting of
February 25, 2008 as he was not present a't the meeting.
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I. The minutes of the regular meeting of March 3, 2008 and the Special Meeting of Min appvd
February 25, 2008 were approved as written. (Mayor Pro-Tem Hanks abstained from the
minutes of February 25, 2008 as he was absent).
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2. Human Resources Action Items were approved as follows:
Merit Increase/Regular Appointments: E. Williams, J. Kimes, F. Cawte, S. Hall and C. HR Action
Williams. Items
3. The Civilian Association of Police Personnel (GAFF) contract dated August I, 2007 CAPD Contract
through July 31, 2011,was approved. _
4. SPECIAL CALL ITEM.
Spec Call
5. The following resolution was adopteb and entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res.08-C20
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants
ARE TO BE PAID.
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6. SPECIAL CALL ITEM. j
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SPECIAL CALL ITEMS Special Call
Councilmember Macias addressed item regarding rental and catering services for the Woman's Macias
Club stating that residents should have anioption to chose the City catering company or to use Comments
one which they select; he advised that he ould be dissenting on this Item.
Moved by Councilmember Gonzales, seconded by Mayor Pro-Tem Hanks and carried to award Woman's
the contract to The Bashful Butler for the contracting of rentals and catering services for private Club Catering -
party events held at the Azusa Woman's Club. Further that the Contract be effective for a three Bashful Butler
(3) year term that may be renegotiated for two (2) extensions of one (I) year each.
Councilmember Macias dissented.
City Attorney Carvalho responded to questions regarding resolution governing the selection of City Attorney
a Mayor Pro-Tem adopted in 1997 stating that it is a statement of policy which is objective in Response
the selection noting that it is only a policyandcan be changed by the City Council by a majority
vote.
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Moved by Councilmember Gonzales, seconded by Mayor Pro-Tem Hanks and unanimously Appoint
carried to approve the appointment of Council Member Angel Carrillo as the Mayor Pro-Tem Mayor
for the term of March 18, 2008 through March 16, 2009. - Pro-Tem
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THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONTINUED AT 9:33 P.M. CRA convene
THE CITY COUNCIL RECONVENED AT 9:i 4 P.M. Cncl rcnvd
03/17/08 PAGE FIVE
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' It was consensus of Councilmembers to adjourn in memory of Felicitas Quintero and Robert Adjourn in
Smith. Memory of
F. Quintero &
R. Smith
UPCOMING MEETINGS: Upcoming
Meetings
March 24, 2008, Utility Board Meeting-6:30 p.m. (Powell Elementary School, 1035 E. Mauna
Loa)
March 31, 2008, Special Council Meeting- 6:30 p.m. (Azusa Light and Water) Discuss Goals
and Priorities of the Council.
April 7, 2008, City Council Meeting-6:30 p.m. (Auditorium)
April 17, 2008,Joint City Council/Azusa Unified School District Meeting-6:30 p.m.
April 21, 2008, City Council Meting-6:30 p.m. (Auditorium)
TIME OF ADJOURNMENT: 9:40 P.M.
CITY CLERK
NEXT RESOLUTION NO.2008-C21.
NEXT ORDINANCE NO.2008-01. -
03/17/08 PAGE SIX
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CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICfj
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VIA: F.M. DELACH, CITY MANAGER i
DATE: APRIL 7, 2008
SUBJECT: HUMAN RESOURCES ACTION ITEMS
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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 March 25, 2008, the Persol nel Board confirmed the following Department Head recommendation regarding
the following Personnel Actioni requests.
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A. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
DEPARTMENT . NAME CLASSIFICATION ACTION/EFF DATE RANGEISTEP
BASE MO SALARY
UTL Ken Godbeyl Water Distribution Merit Inc. 5225/4
I Supervisor 3-21-07 $7,024.60
UTL Richard Goniales Water Distribution Worker 1 Merit Inc. 5167/3
02-28-08 $3,805.83
UTL Larry Corrales Water Distribution Merit Inc/Reg 5188/3
Equipment Operator Appt $4,661.45
03-05-08
PD Stephen Spaihr, 11 Police Officer Merit Inc 6101/2
02-27-08 $5,310.75
FN Michael Ant�vine Senior Management Merit Inc/Reg 3306/5
Analyst Appt $6,171.57
01-09-08
B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to
the Rules of The Civil Service ystem.
DEPARTMENT NAME CLASSIFICATION EFFECTIVE DATE RANGE/STEP
BASE MO. SALARY
ED/CD Graciela Acosta Planning Technician Pending phy & 4165/1
fingerprints $3,465.60
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C. FLEXIBLE STAFFING PROMOTION: The following Flexible staffing promotional appointments have been
requested by department headspursuant to the Rules of the Civil Service System.
DEPARTMENT I NAME CIASSIFICATION ` EFFECTIVE RANGE/STEP
FROM/TO DATE BASE MO. SALARY
PW Robert Zuniga From: Street Maint. Worker 1 02/29/2008 4163/4
To: Street Maint. Worker II $3,943.99
D. SEPARATION: The following separations are submitted for informational pur oses.
DEPARTMENT NAME CLASSIFICATION EFFECTIVE DATE
PD Ruth Dominguez Police Dispatcher 03/20/2008
PD Sandra Phillips Police Records Spec. III 04/03/2008
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCENE HAMILTON, CITY TREASURER
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DATE: APRIL 712008
SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES
FOR THE MONTH OF FEBRUARY 2008
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RECOMMENDATIONL
It is recommended Ithat the Council Members receive, review, and file the City
Treasurer's Report foilf the City of Azusa for the month of February 2008.
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BACKGROUND:
Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City
of Azusa for the month of February 2008. City investments are made in accordance
with the City's Investment Policy adopted and approved with Resolution No. 05 -
C16 dated, June 18, 2007 and Government Code Section 53600 et seq.
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FISCAL IMPACT:
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The balances of cash, investments, and projected revenues for the next six months
are expected to be sufficient to meet cash disbursement requirements of the City for
at least the next six months.
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CITY OF AZUSA TREASURER'S REPORT
reasury Checking Accounts and Certificates of Deposit FEBRUARY 29, 2008
Held in Wells Fargo Bank
'repared by: Marcene Hamilton, Treasurer
Interest or Balance
Face Maturity Coupon Description Account Number or
Amount Date Rate or CUSIP Market Value
Checking Accounts
General Checking Account 495-0041244 1,230,447.00
1.751% Overland Sweep Account DDA 495-0041244 102,300.44
Worker's Compensation Checking 0606-050318 106,886.59
Flexible Reimbursement 0606-055036 17,530.94
Payroll Checking (ZBA account) 4159-281393 0.00
Police Petty Cash Fund 060-6050334 239.12
Section 108
1.610% Choice IV-Public Fund Account 410-0162239 30,695.14
200,000 11/14/06 3.060% FHLB 3.060 11/14/06 (Matured) 3133X6PD2 0.00
ISO Collateral Account
Every 30
300,000 Days 0.050% Certificate of Deposit 300-0311658 312,204.07
1,975,001 04/07/07 3.748% Certificate of Deposit 061-5202840 2,282,970.47
Covington Endowment
Money,Market Mutal Funds WFB 12847554 12,307.74
100,000 06/29/09 4.200% Certificate of Deposit - 25467JG21 WFB 25467JG21 100,000.00
TOTALS 4,195,581.51
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CITY OF AZUSA TREASURER'S REPORT
TREASURY INVESTMENTS - FEBRUARY 29,2008
Prepared by: Mamene HamDlOn.Treasurer
Coupon Maturity Senlement Markel Price
Broker Face Amount DesdptlOn Rate Date AccOCusip No. Dale Pdncipal' (Changes Markel Vafua^
Monthly)
I
City of Azusa Investments - AAA Rated Federal Agency Bonds
Gilford 200000000 FHLML 36254117100 3625% 01117108 312MNMB 0111]103 1994000.00 1DDAONOO 2,0021000
00
Gilfool 200000000 FHLB 3.000013118108 3.0DD% 0611008 31339XJA3 OB(1B10] 200312500 10DOOD000 2000110000
WFB 2500000.00 FH LB 3.00007114008 3.000%. 0711408 31339%2X9 D7/14M 250000000 100.031000 25007500
WFB 300000000 FHLB 4.3000]114109 4300%. 07114109 3133XC003 OVUM$ 200000000 102.719000 2056380.00
Gifford 2000000.00 FHLB 4.2001211509 4.2� IV1509 3133X9N48 12/1504 202202 403281000 206562000
HI in 2000000 D0 FHLB 55000528110 5500% 05WID 3133XFPVZ 05130106 2000000.00 100.656000 201312000
Word 2000000.00 FH 5.50006125110 5.500% 0625110 3133XLBS1 07111107 1998040.00 100.87502 20175200
Gifford 10000D0N FHLB 5.5500B12BA 2 5550% 0028!10 3133XLY6t 0020107 1N 4130.00IOODaODDD 1ODODDD.DO
Wachovia 2000D0o0D FFCB 4750 IV'!V12 4]50% 10145110 31331X6%5 IOWO7 2002400.00 101125000 2025DODD
Wachovia 2OOc000.00 FHLB 51251124(10 5.125% 1124110 3133XWS1 052410] 1995 OD.N 101625000 2032500.00
Hi in 2bnDOOD.OD FHLMC5.2500M4111 5.250% 0224111 3120X4N% M14M 19B2fi4DW 102.129000 2042580.00 -
Wachavie 2,000,000,00 FNMA 5.7500609!11 5550% Ill 31359MP80 0610906 2000000.00 100.]19000 2014300.00
Wachovia 2N WON FFCB 520010103111 5300% 10103111 3133iX4VI 10103107 20000DO.00 101.531000 2030630.00
Wachovia 200000000 FHLB 5.2501-.14111 5.250% 101/111 3133%RET5 050901 1999800.00 101.1356000 2D33.120,00
Gi9oN - 100000000 FH LMC 5.2DD 10(17111 52DO% 10117111 3128X6PZ3 10117107 1000DOD.2 101.624000 1016 4000
Wachovia 100000000 FHLB 4.90011114111 4900% 11111111 3133%N6M6 12112107 100062500 124139010 10016200
Wachovia 100000000 FN LB 4.62512!19)11 1.625% 12/19/11 1 3133XNJ26 1211907 1.ODD.00OOOI 101.313000 101313000
Woodp2bOOW:OOO
FFCB 485D 1227(11 4.050% 12/27/11 31331YKD1 1211407 1000000.00 IDO 750000 100]50000
Hood, FHLBJS20WN12 ].550%• 0100112 3133XP043 0100108R2.000.00D.W
00 100563000 201126000
Hi n 00 FHLB 5.1250%-0112 5.125°6 0320112 3133XKDd/ 0320.D700 102.813000 200626000
Higgins 00 FHLB 52500521112 5250% 05121112 3133XKWM3 0512IM70 103.364000 206688000
Hoot" FHLB 52500529112 5150% 052V12 3133XKUL7 08221070 103/2000 22B 120.00
GifndDO FHLB 5.2501D24(12 Sts,,Up 5250% 1024(12 313UMMOO 1027100 .01 - 101.281000 - 1012810.00
Gilford NO do FHLB 5.2D 12110112 5.000% IVIBI12 313VW58 12/180] .Dn 101625000 1011125OD0
WFB0 FHLB 4.2DO 01129113 4200% 0129113 3133%P6L3 0129108 .00 101.25D000 2025000.00
WFB 2,000 N0.00 FHLB 435D 010-.13 4.350% 01130013 3133XNYL7 0113a0B .W 101.430000 2028]6000
"Ond 200000000 FHLB 1.12500221013 4.125% W20I13 3133XPPY4 OMa00 1999000.2 100.625000 3012500.00
s TOTALS 47,50000000 F. ... s - '� .47;61889000 xE
-. 18168495.00,
T :C.:B.TOD"'THIRD AR .. . rat N.IA , ,8535105 :0100_WB CITY 212,052.75175
-
_ .. ...
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Light 8 Water Rale Stablizatian Fu n4 Investments - AAA Rated Federal Agency Bonds
Hi ins 3,000000N FHLB 3.55001(--.12 3.550%+ L01130112 3133XPN3 01WOO 3000OOD.DO 100563000 3D16B9000Wachovia ]0200000 FHLB'150.129113 4.1SD% 129!13 3133XNZCS 0129109 3000000.2 102.375000 30712500WarAovia 3215000.2 FHLB LOW WWI3 4.DDO% 22N13 3133XPKV5 0220108 3215000.00 101001000 32/814665
') TOTALS <:�L921500p D0 _$-�.� ...;9,10500000 9,}36;206.65
�WF B LdW 'EgTHIRO PARTY WBTOOWL TRU6TtACCT 315095 NIA -_4 WA NIA 000 100.2200 P 0.00
H
'iIAIF CITY - ¢; LOLAL AGENCY INVE6TMENT%F.UND¢ 4160% N!A "; WA •,'..,NIA '8,89901081 10000020 8849,010.8/
TOTAL INVESTMENTS IN FEDERAL AGENCIES,WFB INSTITUTIONAL TRUSTS,and LAIF 78,'40,181.89 79,256,573.64
INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From July 1,2DO7) 2,440,464.10
'The Wocipal-column reflect,the balan.on O,e last day of the month or On,'historical coal-spar la purcha s a a,comtY
--The'Markel Value is the cuvenl pirm at which a security can be traded orcoltl.
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L172006 645 PM
Treaauer Repan oboary 2008
CITY OF AZUSA TREASURER'S REPORT OF INTEREST PAYMENTS
TREASURY INVESTMENTS Thru February 29,2006
Prepared by: Marcene Hamilton,Treasurer
Scheduled Scheduled Interest
Face Amount Net Amount Coupon Maturity AcctlCusip No. Payment 2007/2008 Semi-Annual Received
Rate Date Schedule Interest Payment Fiscal Yeart
Earnings Amount Date'
. City of Azusa Investments - AAA Rated Federal Agency Bonds
._1-;000 00000 -°-1:001,141.6V 5 3005': •5,CALLED . .x9 3128X4Z6 ;ri,, '10/7d''8r.4111 x 426;500 :26,`500 26,500.00
- ..ru91000p0000a4:„1000,00000; 5450% ;:yCALLED, .. 33128X55R5'� .91114"8=5114 ry^27,250 .....27;250: 27,250.00
2,00000000s'2,000;000:00. -50005 ,a3CALLEDM,. _:,e.3133XMZB7.' ,3.11➢20&:5/20 ..:.,50;000 °,..•50;000 -'m25,000.00
;S;000L0000.: -5,000;00000!-,'4:020%:'!'CALLED V_3133MYKV6z; ,;11121"&5127 ., .201;000 -r900;500 ,'150;760_.00
r`2,i100 000.00„4_.2.000,000_.00; „4 350%, =CALLED,., -;.E 3133XSIJ, =, ,,,.9/1,8„3171° .,�a,„87.,000 . x.43,500 ,.86,034?00
-12.000,606.00;, 2,021,200_.00' 4.0505 °'MATURED, `7 3128X36R9�1 ,9/24 8.3%24 . '_ 40;500 .- ,=40;500; 40,500.00
3:2;000,000 00
'72 000(000'00`. 5.050%.;;:MATURED- ?;3133XF4M5..n ,IDN7&',4/1' „ . .SO;sdo 50,600: 50,500.00
1_,600,000 6D' 1,000 000`A0; 4 375Y ;,MATUREq,' '-'a 3128X4N1.11' YO118&4/9E -:.27,BZ5 21:;875= 21,875.00
. 1;000,00000 '',_�1;008'S68;69'E 4900% , .MATURED. .' 3133XDTWl:',,7V21'&5/2;1 . :;: 24;500 ..`24,500: 24,500.00
2;000 000 00 la 2'004;097.22': 5 050%._.''MATURED .�3128X4H79'1'y 8122&022, _ ..,]011600 .....50;500 51OVO00:00
2,000,000.DO 1,994,000.00 3:625% 04/17/08 312BX04MB 10/1784/18 72,500 36,250 36,250.00
2,000,000.00 2,003,125.00 3.00D% 06/18108 31339XJA3 12/19&6/19 60,000 30,000 30,000.00
2,500,000.00 2,500,000.00 3.000% 07/14/08 31339Y2X9 7/1481/14 - 75,000 37,500 75,000.00
2,000,000.00 2,000000.00 4.300% 07/14109 3133XCD03 7/1481/14 86,000 43,000 86,000.00
2,000,000.00 2,000,000.00 4.200% 12/15/09 3133X9N46 12/15&6/15 64,000 42,000 42,000.00
2,000,000.00 2,000,000.00 5.500% 05/28/10 3133XFPV2 11/2885128 110,OOo 55,000 55,000.00
2,000,000.00 2,002,928.89 5.500% D6/25/10 3133XLBSI 12/2586125 110,000 55,000 55,000.00
1,000,000.00 1,000,614.17 5.550% 08128/10 3133XLY64 8/2B&2/28 '*27,750 27,750 2.27,760:00
2,000,000.00 2,006,094.44 4.750% 10/15/10 31331X6X5 10!75&4/15 -` ..'tY 47,500 47,500 0.00
2,000,000.00 1,995,000.00 5.125% 1 11/24/10 3133XKVSI 11124&5/24 102,500 51,250 51,250.00
2,000,000.00 2,014,723.33 5.250% 0224/11 3128X4N56 8424&2124 105,000 - 52,500 r °105 000500
2,000,000.00 2,000,000.00 5.750% 06109111 31359MPBO 12/986/9 115,000 57,500 57,500.00
2,000,000.00 2,000,000.00 5.200% 10/03/11 31331X4V7 10/384/3 -ar.'Wk 52.000< 52,000 0.00
2.000,000.00 2,006,891.67 5.250% 10/14/11 3133XHET5 10114&4114 105,000 52,500 52,500.00
1,000,000.00 1,000,000.00 5.200% 10/17/11 3128X6PZ3 10/1784/17 5�:;::;•'26,000 26,000 0.00
2,000,000.00 2,000,000.00 5.125% 03/30112 3133XKD44 9/3083/30 702,500 51,250 51250.00
2,000,000.00 2,000,000.00 5.250% 05121/12 3133XKWM3 11121&5/21 105,000 52,500 62,500.00
2,000,000.00 2,023,708.33 5.250% 05!29/12 3133XKUL7 112985129 105,000 52,500 52,500.00
7,000,000.00 999,000.00 5.000% 10/24/12 1 3133XMNQO 10124&4/24 :":: '::226,000 25,000 0.00
1,000,000.00 1,004,436.11 4.900% 1 11/14/11 3133XN6M6 11!14&5114 Ei`>-=z 24,500 24,500 0.00
1,000,000.00 1,000,000.00 4.625% 12/19/71 3133XNJ26 12!19&6/19 ,'sF"i-'.23,125- 23,125 0.00
1,000,000.00 1,000,000.00 5.000% 12/18/12 3133XNT58 12118&6118 ?:[+25,000 25,000 O.DO
1,000,000.00 1,000,000.00 4.850% 12127111 31331YKDI 12127&6/27 -::241250: 24,250 0.00
2,000,000.00 2,000,000.00 4.350% 01/30113 3133XNYL7- 7/30&1130 ;'_".E q' ,.,`s`0. 0 0.00
2,000,000.00 2,000,000.00 4.200% 0129/13 3133XPGL3 7129&1/29 ?>:+ 'i;w:i:m.0- 0 0.00
2,000,000.00 2,000,000.00 3.550% 01/30/12 3133XPD43 7/30&1/30 _`�:^i0- 0 0.00
2,000,000.00 1,999,000.00 4.125% 02120113 3133XPPY4 8120&2/20 &,'L x*: 0 0 0.00
47 E Mu
;500,000.00` ACTIVE,INVESTMENTS xr„a. - ! „•,2 242 7504 ,m 1,379 500 1,383,409:00
CITY.Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset -
12;662150Y N/A.,_„ NIA 1- Monthly�g .Per Balance and Rate 114 4392'
Li ht&Water Stablization Fund Investments-AAA Rated Federal Agency Bonds
=.:3;0001000.00. 3000000OD. 3:500%7':-,`6(1,d VVDS'� ...:62!500:00 x,.103;249[80
rze.3,000 000 ON' 3,00Q000.0OW ..4 O00% 'dalletl 11_.1x8 . E.213133X1HZ3 a i .^.10%8$'4/8"--. ,.120,ODOF003 .:60;000.00 .:.99833'_.30
.x8;215,0003;215_000o04150% chedaoe.. W10130 . .. ,. .. 100;066:88s '
3,000,000.00 3,000,000.00 4.150% 01/29/13 3133XNZC6 7/298129 0.00 0.00 0.00
3,215,000.00 3,215,000.00 4.000% 02/20/13 3133XPKV5 8/2082/20 0.00 0.00 0.00
3,000,000.00 3,OD0,000 00 3.550% 01/30/12 3133XPD43 7/30&1130 0.00 0.00 0.00
.....,:.. :9
am8';216000.00.�'ACTIVEINVESTMENTS .356,422;50: iZ8,R13.2`�3 302,649198
Light&Water Stablizalion-Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset
f4(A ,% MOM1th1y x a-Per Balsnce and Aale _ 'r2 9fi9:96
CITY-Local Agency Investment Fund-Liquid Asset
38;899 040 84 ° 3 4 160% N!A N/A : Quarterly'., Per Balsnce and Rate 636 995.9
`Fiscal Year: July 1•June 30 TOTAL INTEREST EARNED YTO 2,440,464.10
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CONSENT ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
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FROM: F.M. DEL ACH, CITY MANAGERtn
DATE: APRIL 7! 2008
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SUBJECT: RESOLUTION TO JOIN THE LOS ANGELES COUNTY SINGLE-USE
BAG REDUCTION AND RECYCLING PROGRAM
RECOMMENDATION!
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It is recommended that City Council approve attached resolution to participate in
the implementation of!Los Angeles County Single-Use Bag and Recycling
Program, and authori2e staff to support County legislative efforts to eliminate the
sunset clause included in AB 2449 (Public Resources Code Section 42257).
BACKGROUND
On March 12, 2008, the Los Angeles County Board of Supervisors requested the City of
Azusa to join their program to reduce consumption and increase recycling of carryout
plastic bags at retail establishments. The County adopted the program on January 22,
2008, and set as its goals the reduction of plastic bag disposal by 30 percent by July 1,
2010, and 65 percentilby July 1, 2013, with provision that failure to achieve the program
goals result in a ban on plastic bags at affected stores.
According to the County, approximately 6 billion plastic carryout bags are consumed in
Los Angeles County each year. Currently, less than 5 percent of bags are recycled and
the rest end up in landfills or on our beaches, waterways, parks, and roads in the form
of litter. Plastic bag I litter makes up as much as 25 percent of the litter stream and
significantly impacts our communities and the environment. In Los Angeles County
alone, local and State governments spend tens of millions of dollars each year on the
prevention, cleanup, and enforcement of activities to reduce litter.
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The County requestslthat the City of Azusa adopt the attached resolution which would
instruct the City Mariager to coordinate with the County on program implementation
activities, including preparation of an ordinance for the City Council's consideration that
would provide autholity and appropriate measures to fully effect the program goals
within the City.
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FISCAL IMPACT
Additional program information is included in Attachment. It appears that additional staff
time will be required to work with the County and coordinate implementation activities
and quantify the results. If there are program shortcomings and goals are not achieved,
it appears that enforcement activities would be necessary. Possible funding sources
include AB 939 Fees, Sewer Assessment District funds, and Beverage Container
Recycling and Litter Clean up Grant funds. Additional funding may be available from
the County or the State, but amounts and exact sources are unknown at this time.
Prepared by
Cary Kalalscheuer, Assistant to the Director of Utilities
EM
Model_Reso.doc Fact_Sheet.pdf -
2
RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF THE CITY OF AZUSA, CALIFORNIATO JOIN THE
LOS 1 ANGELES COUNTY SINGLE-USE BAG
REDUCTION AND RECYCLING PROGRAM
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WHEREAS, on January 22, 2008, the Los Angeles County Board of Supervisors adopted
a comprehensive program to reduce consumption and increase recycling of carryout plastic bags
in the unincorporated areas of Los Angeles County, with the goal of decreasing the disposal rate
by 30 percent by July;l, 2010, and by 65 percent by July 1, 2013, with the provision that failure
to achieve these goals triggers action to establish a ban on plastic bags at affected stores; and
WHEREAS, each year, approximately 6 billion plastic carryout bags are consumed in
.Los Angeles County, the equivalent of 600 bags per person per year, with less than five percent
being recycled; and j
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WHEREAS, due to their propensity to become litter, plastic carryout bags cause harm to
marine animals and other aquatic life, and have a significant negative impact on our quality of life
and the environment; and
WHEREAS, in Los Angeles County, local governments and State agencies spend tens of
millions of dollars each year on prevention, cleanup, and enforcement activities to reduce litter at.
beaches, waterways,parks and roads; and
WHEREAS, I s demonstrated in other countries as well as other communities in the
United States, the widespread use of reusable bags is extremely effective in reducing plastic bag
consumption and plastic bag litter; and
WHEREAS, jthe use of reusable bags can be increased and consumption of carryout
plastic bags reduced through a combination of supermarket and retail store employee training„
incentives, and publici education programs; and
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WHEREAS, the County's program provides a framework for shared responsibility among
stakeholders, incorpoiating measurable goals and monitoring the use and recycling of plastic
bags; and
WHEREAS, the County has extended an invitation to the City of Azusa and other cities
to participate in this pirogram by sharing ideas and coordinating efforts.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Azusa,
hereby adopts all of the following:
1. That the City of Azusa agrees to participate in the County of Los Angeles Single-Use
Bag Reduction and Recycling Program; and,
2. That the City Manager is instructed to coordinate with the County of Los Angeles in
developing and implementing the Program, including imposition of the ban on carryout plastic
bags at affected stores if established disposal rate reduction goals are not met, and coordinating
legislative advocacy efforts, as appropriate; and,
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3. That the City Attorney is instructed to work with the City Manager, in consultation
with the County of Los Angeles, in preparing an Ordinance for adoption by the City Council
providing for any appropriate measures deemed necessary to fully implement the Program within
the City.
PASSED, APPROVED, AND ADOPTED THIS 7b day of April, 2008.
Joseph R. Rocha, Mayor
ATTEST:
Vera Mendoza, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA
I HEREBY CERTIFY that the foregoing resolution No. _, was duly adopted
by the City Council of the City of Azusa at its Regular Meeting on April 7th, 2008.
AYES:
NOES:
ABSENT:
Vera Mendoza, City Clerk
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Attachment i
County of Los Angeles
Single-Use Bag Reduction and Recycling Program - Fact Sheet
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On January 22, 2008, the Las Angeles County Board of Supervisors adopted the Single-Use Bag
Reduction and Recycling Program, a comprehensive strategy to reduce plastic bag litter.
The Program aligns supermarkets, retailers, environmental groups, the plastic bag industry, local
government, and the public to phase out plastic bags while increasing the use of reusable bags.
The Program is summarized below:
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Framework
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1. County and stakeholders develop and establish a comprehensive program to:
• Promote reusable bags
• Increase at-store'recycling of plastic bags
• Reduce carryout plastic bag usage
• Increase the postconsumer recycled content of paper bags (minimum 40%)
• Promote public awareness of litter impacts and consumer responsibility
2. Work with affected stores (initially includes large supermarkets and retail stores as defined under
AS 2449; may be expanded to include convenience, franchise, and other stores distributing plastic
bags in the future) toldevelop and implement required store-specific programs that would include:
Training that targets unnecessary double bagging and increased use of reusable bags
• Incentives for reducing plastic bag usage (e.g. per-bag credit or fee)
• Reusable bag promotions and educational efforts
3. Establish aggressive! goals for reducing plastic bag usage and increasing recycling using total
consumption for Fiscal Year 2007-08 as the baseline:
• 30 percent disposal reduction by July 1, 2010, and
• 65 percent disposal reduction by July 1, 2013
4. Assist partner cities it establishing a similar program, including sharing of relevant information and
public education and outreach materials. City programs can utilize the County's Program as a
framework while tailolring implementation according to their needs.
5. Establish significant consequences if Program goals are not met, including outright plastic bag ban.
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6. Pursue State legislative efforts to:
• Establish a statewide plastic bag fee with proceeds distributed to local governments on a
per-capita basis to fund litter prevention and source reduction efforts.
• Allow local government implementation of a per-bag fee, since fees have been found to be
effective in reducing plastic bag usage.
• Implement statewide benchmarks equivalent to Program goals above.
• Print an environmental message on each plastic bag describing the negative impacts of plastic
bag litter and thei benefits of using reusable bags.
• Repeal the sunset provision of AS 2449 (Public Resources Code Section 42257) to eliminate
the need for the ,State Legislature to reintroduce and adopt a new plastic bag recycling law by
January 1, 2013, which may or may not contain the existing and proposed elements of
AS 2449 that are crucial to the efforts undertaken by local governments.
Program Benefits
• Creates a broad-bas ed collaborative effort to effectively reduce plastic bag litter Countywide.
• Incorporates supermarket and retail store employee training and public education to meet the
goals of the Program.
Establishes performance goals and a measurement methodology to demonstrate Program
success,using the State's existing reporting framework (established by AS 2449) to obtain data.
• Maximizes regional benefit while minimizing duplicative efforts by local municipalities.
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CONSENT ITEM
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TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
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FROM: BRUCE A. COLEMAN, ECON. AND COMM. DEVELOPMENT DIRECTOR
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VIA: F. M. DELACH, CITY MANAGER/ Mo
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DATE: APRIL 7, 2008
SUBJECT: BOND REDUCTIONS FOR TRACTS 63336-02 (MAPLETON)
RECOMMENDATION:
It is recommended that the City Council approve the bond reduction request by Christopher
Homes for Tract 63336-02.
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BACKGROUND:
Christopher Homes has submitted a request for the reduction of the surety Bond, specifically
the Faithful Performance Bonds, for the above referenced tract.After reviewing the status of the
work with Jerry Ichien, ;the field inspection supervisor with Quantum, the City's contract
inspection company for Rosedale, it has been agreed that major elements of the street, sewer
and storm drain improvements have been completed and that a reduction in the Bond amounts
is appropriate. Discussions have been held with Azusa Light and Water and there is agreement
to reduce the Performance Bond by 60% on the water improvements. Tract No. 63336-02
created the Mapleton phase of the Rosedale project. This phase of the project is located south
of Sierra Madre, east of the arroyo and west of Crepe Myrtle. It is recommended that the
$565,467 faithful performance bond be reduced to $77,599.50 as outlined on the attached
spreadsheet. j
By taking the recommended actions the City Council is not relieving Christopher Homes of their
responsibility to complete the work, nor is the City taking on any maintenance responsibility for
the improvements. Until all improvements are finished the improvements will remain the
responsibility of Christopher Homes.
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FISCAL IMPACT:
The reduction of this Faithful Performance bonds will have no fiscal impact on the City of Azusa.
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Prepared by: Elroy Kiepke, Special City Engineer/Rosedale Project
Attachments: Letter from iChristopher Homes requesting reduction of bond amounts.
ALP
Azusa Land Partners, LLC
March 3, 2008
Mr. Elroy Kiepke, City Engineer
City of Azusa
213 E. Foothill Boulevard
Azusa, CA 91702-1375
Subject: Final Map No. 63336-02 Subdivision Bond Reduction
Dear Elroy:
Azusa Land Partners LLC is requesting the reduction of subject subdivision bond for
streets, storm drains, and sewer for subject tract. Azusa Land Partners LLC has
completed all street improvements except for the final lift of AC. Per Azusa Land
Partners LLC previous bond reductions,ALP is requesting that the streets, storm drains
and sewer bond be reduced to 10% of the original bond amount. The original bond is
$565,467.
Sincerely,
Robert J. Trapp
Vice President
Cc: Roy Bruckner, City of Azusa
19 Corporate Plaza Newport Beach,CA 92660 949.721.9177 Telephone 949.729.1214 Facsimile
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Tract 63336-02 Rosedale
Total Unit Units Bond Reduced
Streets Quantiles Price Estimate Amount
AC 783.6 $ 55.00 Tons $ 43,098.00 $ 4,309.80
Base 1099.3 $ 40.00 Tons $ 43,972.00 $ 4,397.20
C&G 2815 $ 25.00 LF $ 70,375.00 $ 7,037.50
Street Lights 1 5 $ 1,500.00 EACH $ 7,500.00 $ 750.00
Concrete Pavement $ 5.00 SQ FT $ $ -
Cut Ramps 1 3 $ 1,500.00 each $ 4,500.00 $ 450.00
Sidewalk 9000 $ 3.50 sq ft $ 31,500.00 $ 3,150.00
Misc items 10% $ 20,094.50
total $ 200,945.00 $ 20,094.50
$ 221,039.50
Storm Drains If
18" RCP 32 $ 58.00 If $ 1,856.00 $ 185.60
24" RCP 21 $ 82.00 If $ 1,722.00 $ 172.20
30' RCP $ 110.00 If $ - $ -
36' RCP $ 140.00 If $ $
42" RCP $ 156.00 If $ $
54" RCP $ 250.00 If $ $
60" RCP $ 300.00 If $ $
Other RCP $ 320.00 If $ $ -
Manholes 1 $ 3,000.00 each $ 3,000.00 $ 300.00
Junction Structures $ 1,000.00 each $ - $ -
Catch Basins 2 $ 3,500.00 each $ 7,000.00 $ 700.00
Catch Basins/grates $ 4,000.00 each $ -
Misc items
$ 13,578.00 $ 1,357.80
Sewers
8"VCP 1.556 $ 57.00 If $ 88,692.00 $ 8,869.20
10"VCP $ 61.00 If $ - $ -
House laterals 55 $ 1,000.00 each $ 55,000.00 $ 5,500.00
12"VCP $ 70.00 If $ - $ -
Manholes 8 $ 3,000.00 each $ 24,000.00 $ 2,400.00
Misc items 5% $ 8,384.60
$ 167,692.00 $ 16,769.20
$ 176,076.60
Water
8"DIP 1615 $ 43.00 If $ 69,445.00 $ 27,778.00
12" DIP $ 60.00 If $ - $ -
16" DIP $ 70.00 If $ $
12"Valves $ 3,000.00 each $ $ -
8"Valves 7 $ 3,000.00 each $ 21,000.00 $ 8,400.00
Thrust Blocks $ 1,000.00 each $ - $ -
Fire Hydrants 4 $ 2,000.00 each $ 8,000.00 $ 3,200.00
Misc items 5% $ 4,922.25
$ 98,445.00 $ 39,378.00
$ 103,367.25
Grand Total est $ 514,061.35 $ 77,599.50
Contingency $ 51,406.14
Bond amount $ 565,467.49
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♦1AA0V1M%
ARAI
�LIF�P�"1T
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CONSENT ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: F.M. DELACH, CITY MANAGER Y�
FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES
DATE: APRIL 7 2008
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SUBJECT: SUPPORT OF AB 1903 TO RE-ESTABLISH LIABILITY PROTECTION
FOR FLOOD CONTROL AND WATER CONSERVATION ACTIVITIES
CONDUCTED BY THE LOS ANGELES COUNTY DEPARTMENT OF
PUBLIC;WORKS.
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RECOMMENDATION
It is recommended that City Council adopt a "support" position on AB 1903 and
authorize the Mayor to sign letters of support to appropriate state representatives
and legislative committees considering the bill during the legislative process.
BACKGROUND
Assemblymember He has requested that Azusa. Light & Water support AB
1903, which is a bill the Assemblymember is carrying on behalf of Los Angeles County
Board of Supervisors. This non-controversial bill would provide certain liability
protection to the Los ,Angeles County Department of Public Works (LACDPW) against
injuries that may occur in unlined flood control channels when such injuries result from
unintended uses of such facilities. In 1998 this immunity was extended to the LACDPW
for its groundwater replenishing activities. Legislation was enacted in 2001 to extend
this immunity to January 1, 2007. AB 1903 would re-enact this recently expired
provision and extend 'the sunset date to January 1 , 2013. LACDWP has indicated that
this protection is needed for it to continue its groundwater restoration activities, which
involve moving waterlthrough unlined flood control channels and into designated basins
or spreading grounds for replenishment of groundwater supply. This water supply
provides water to dozens of cities in Los Angeles County.
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FISCAL IMPACT
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None.
Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities
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CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY
i q/
VIA: F.M. DELACH, CITY MANAGER ,f
/f
DATE: APRIL 7, 2008
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SUBJECT: PURCHASE OF 24 MODEMS FOR MDC UNITS IN POLICE CARS
RECOMMENDATION
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1 . It is recommended that the City Council approve and award the purchase of 24
MP875 ruggedized in-vehicle mount modem in the amount of $18,183.41 to the
lowest bidder GovConnection.
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BACKROUND
The police department uses in car data modems for its wireless computer system.
Data modems are used to enable computer communications between Dispatching
head quarters, County Sheriff data systems and car to car communications. Our
existing modems were purchased in 2003 and 2004 and discontinued in December
2006 as of December 2008 these devices will no longer be supported by the
manufacturer.
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The MP875 is the replacement item for our obsolete MP775 modems. The new
MP875 modems have a life expectancy of four years. Acquisition of the MP875
ensures that the data modems in use are current and fully backed by the
manufacturer. This replacement is part of our routine equipment replacement
program.
Vendor Total w/Tax
CDCE $20,992.25
CDW-G $18,367.74
Gov-Connection $18,183.41
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FISCAL IMPACT
This expenditure is within the project amount budgeted for this element, equipment
replacement, 2008 budget, account number 48499400007142.
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CDCE Inc. j Quote No. 31808APD
22641 Old Canal Rd
Yorba Linda, CA92887
fa
800-373-5353 fax 714-282-1501
mo Oeccornput ing
Quote
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Customer
Name Azusa PD Date 03!1812008
Address Order No.
City State ZIP Rep Mike Contois
Phone FOB Yorba Linda
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Qty
CDCE PART# Description Unit Price NTOTAL20 CDCMP876 I $ 965.00 $Sierra Wireless FJIP875 modem with GPS
Terms and Conditions of Sale: Subtotal ,
1.All claims for shortage,damage,&shipping errors must be made within 7 days of receipt. 8.25% Taxes $1,592.25
2.All Non-defective RMA's are subject io a 20%restocking fee and must be returned to CDCE Shipping $100.00
within 21 days of invoice date. TOTALI $20,992.25
3.All special order item sales are final.! aftlll '�
4.All past due invoices will be chargedat a rate of 2°/monthly.5.DOA Notebooks will be repaired or replaced in accordance with Manufacturer's terms. '3
moi=5;.�'
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Quotes Paye 1 of 1
800.581.4239
Quote Information
Quote KGV2544 Need Help?
#:
Contact
Status: Open Vanessa Seidel
Quote Date: 3/25/2008 Phone: (866) 339-3647
,. Fax: (312) 705-8253
Contact: ANN GRAF- r,
Email:vanesei@cdwg.com
GAYNOR
SIERRA MP
Description: 875
GQUOTE
Billed From Address Billing Address
CDW Government Inc. ANN GRAF
230 N. Milwaukee Ave ATTN: CITY OF AZUSA
Vernon Hills, 1L 60061 213 E FOOTHILL BLVD
AZUSA , CA 91702-2514
(800) 5944239 (626) 812-5024
Shipping Address Payment Method
CITY OF AZUSA Select payment method during checkout.
ANN GRAF
213 E FOOTHILL BLVD Shipping Method
AZUSA , CA 91702-2514
FedEx Ground(1-2 days)
Product Contract CDW Mfg Part# Qty Price EM. Price
Sierra
MP 875 Market 1176743 1100545 20 $840.00 $16,800.00
GPS
Sub-Total 516,800.00
`US Tax: 51,386.00
Shipping: 5181.74
Grand Total $18,367.74
htt ps://w\%w.cd wg.coin/shop/quotes/QuoteDetai I s.aspx?q n=K G V 2 544Rpri stab I e=1
3/26/2008
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GCI Quotation# 2066259.03 -BD Sierra Wireless MP875 Page 1 of 2
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Lysell Wofford - GCI Quotation #2066259.03 - BD Sierra Wireless MP875
From: "Hale Kevin"
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To:
Date: 03/27/2008 3:51 PM
Subject: GCI Quotation# 2066259.03 -BD Sierra Wireless MP875
CC: "Cristina Gomez"
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Hi Lysell, here is the quote you requested. Please let me know if you need
anything further. Thank you and have a great day. Kevin x33603
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GovConnection, Inc. Quote #: 2066259.03-W1
706 Milford Road
Merrimack, NH 03054
i (Please refer to this quote .
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number when ordering. )
Account Executive: Kevin Hale Date: March 27, 2008 -
Phone: (800) 800-0019 x33603 Valid Through: 4/26/2008
Fax: (603) 683-0252 Account #: Los Angeles
Email: khale@govconnection.com
--------------------=----—---------------------------------------
BILL TO: SHIP TO:
AB#: 2130191 AB#: 5434303
CITY OF AZUSA CITY OF AZUSA CENTRAL RECEIVING
ACCOUNTS PAYABLE 809 NORTH ANGELENO AVENUE
213 E FOOTHILL BLVD PO BOX 1395 AZUSA, CA 91702
AZUSA, CA 91702 (626) 612-5256
(626) 812-5227 1
-------------------- ------------------------------------------------
DELIVERY FOB TERMS CONTRACT ID #
NET 30
--------------------1----------—-----------------_-----------------
* Line# Qty Item#I Manufacturer Price Ext.
Description -
1 20 7660897 Sierra Wireless, In... $839.88 $16,797.60
1
MP 675 GPS for'AT&T-
Manuf.Part No: 11100545
Lines: 1 TOTAL MERCHANDISE: $16, 797.60
- FEE: $0.00
TAX: $1,385.81
Ship Via: 466 - Small Pkg Ground Se...SHIPPI_NG/HANDLING: $0.00
Weight: 100.00 pounds ----=====-==
QUOTE TOTAL: $18,183.41
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COMMENTS:
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file://C:\Documents and Settings\administrator.000\LocaI Settings\Temp\XPgrpwis647E... 03/31/2008
1
GCI Quotation 4 2066259.03 - BD Siena Wireless MP875 Page 2 of 2
---------------------------------------------------------------------
Call your Account Manager or see the attached sheet for ordering information.
---------------------------------------------------------------------
PRODUCT NOTES:
Product: 7680897, MP 875 GPS for AT&T
---------------------------------------
Product Description: The MP 875 GPS provides in-vehicle data solutions while
operating over next generation HSDPA networks with peak download data rates of 3.6
Mbps. To accommodate areas where such coverage is not yet available, the MP 875 GPS
is backwards compatible to 1.8 Mbps HSDPA, 384 Kbps UMTS, as well as EDGE and GPRS.
A 12-channel GPS module and 4 digital & 4 analog input/output ports are also
offered to allow for advanced tracking and alarms. Meets US Military and SAE specs
for vibration, shock, drop, rain/splash, humidity, sand/dust, and salt fog. Remote
field management and firmware upgradeable.
file://C:\Documents and Settings\administrator.000\Local Settings\Temp\XPgtpwise\47E... 03/31/2008
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CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY
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VIA: F.M. DEL.ACH, CITY MANAGER l 111
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DATE: APRIL 7, 2008
SUBJECT: UPGRADE OF AUDIX VOICEMAIL SYSTEM
RECOMMENDATION
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1 . It is recommended that the City Council waive formal sealed bids in accordance
with Azusa Municipal Code Section 2-523(d) competitive bidding already completed,
due to the fact that Spenser Communications is covered under the California Multiple
Award Schedule CMAS agreement number 3-01-70-1488A.
2. Approve the upgrade of the Avaya Phone System and approve the issuance of a
purchase order to Spenser Communications in an amount not to exceed $48,336.08.
BACKROUND
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Our current Avaya Audix voicemail system was purchased and installed over 1 1 years
ago. The Audix voicemail system is now obsolete, as of March 2006 Avaya no longer
sold this product, and as of December 2008 customers will no longer be supported, .
this system has reached it's "end of life". We currently have over 400 voicemail boxes
on this system thatiwill be migrated over to the new system.
Intuity LX is Avaya's next phase, or upgrade, for our obsolete Audix system. In addition
to remaining current and keeping support, there are a number of enhancements that
the upgrade of the current voice mail system will bring. Bridging technologies
between e-mail and voice-mail and voice-message deliveries to devices like PDAs and
notebooks.
Project breakdown its as follows:
1) $31 ,163.33 - Hardware, Software and Licensing and programming for Intutity LX
2) $17,172.75 - Messaging Software and Licensing and programming
----------------
$48,336.08
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FISCAL IMPACT
This expenditure is budgeted at $60,000 as part of the 2008 budget, account numbers
48499400007142 and 48499420007142.
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Quote Number 36167
SP �y Dale: 03/05/06
COMMIiMCATaM2.WC Shipment Method:FOB Origin
SCI Quote Valid(or 30 Days
800 E.Arrow Highway -
Covina,CA 91722 Client:
Account Executive: Michele Green CiN of P.irso
Direct:626593.3147 725 North Alameda Ave
Inside Support Exec:Trlsteen Ruff Anna.CA91702
Direct'.626593.3120 Contact:LYSNI Watford
Fax:626.593.3220
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INNRY L%MESSAGING OPTION
:Pad-MumberaMATE-
el'Krc
RIAL'/5OF7WARE 51,675.00 51,875A0
700350192 I AVAYA MAILBOX MANAGER TALK IAEBUS M5 50.50.0 54575.
700402787 I AM MONITOR FLT PNL US WIPWR CRD RHS 450.D53750
0.00
700403520 1 AM KEYBOARD US TYPE WITH MOUSE RHS S147.00 5147.00
700427537 I AM MODEM SERIAL MULTITECH S18.75 57.500.DD
202468 400 IALX R2 UC 1ST VC MBX NEW 251-500 536.00 $36.00
70029OB36 I AM SWR PWR CRD UST 4C5 5600.00 SI.BO0.00
700403496 3 AM 4Pi A1VLG CARD TYPE A US 101 TMS $225000 52150.00
700427529 I AM 532108 SERVER 5937.50 $937.50
195251 I C-LAN INTF CIRCUIT PACK TN799DP RHS 52.343.75 52.343.75
700394729 1 24PT ANALOG UNE CP TN793CP RHS
I : sHDesulPtloh ': - ..•, ., `.:;�tiFxtended'Rate. %.t
Source. <' `-;�Hours
Labor.
DE Prescles Design and Engiring 5927.00
nee
LT Lead Technician-Ir,ollotlon and Testing S5250DO
w•
SS $ohar2 Specialist-redo database/auto aflentlonts S525D.00
57.750.00
PM Protect Management -
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-.:Maietl0ls I � 17,376.75
-$1,433.58
Accepted By: I I r ft`Labor rr $1$50DO 0
I t311matetl Erelght I S50 00
Date:
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PO Number:
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P.Prlewu and Confidential.For use only by addressee.
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Quote Number.36564
Dole: 03/05/08
CPMMUN4ATPN5,we Shipment Method:FOB Origin
SCI Quote Vand for 30 Days
800 E.Arrow Highway
Covina.CA 91722
Account Exe:utive: Michele Green Client:
Dlrecl:626.593.3147 Cly,of Anrw
Inside Support Exec:Tristeen Ruff 72S NorM Alamedo Ave
Dlrsch 626.593.3120 Anaa.CA91702
Fax:626.593.3220 Conan:Lysell Watford
MUTARE EVM APPLICATION
PariWomb er;in. ,. .G i, , n. 4 ..;i;:: ;. Dwcnpllon -y ,, ,. .:Fx 77, 77"Unit:Price T, 7<Ex7 Pdce C•,:•i
MATERIAL/SOFTWARE .
I EVM-Bpm License Fee-1st EVM appecation do the wu12003server $6.000.00 55.100.00
4 EVM-User License Fee-S101User(100 User Increments) S 1,000.00 53.400.0
I Enhancement-Automated Database Updates 54000.00 $3A00.00
I Enhancement-Restriction of EVM Delivery Addresses 501)0 SOAO
I Enhancement-SGL Database S0.00 SO.DO
I Enhancement-Single Sign On SODO 50.00
I Enhancement-Incorporation of-Caller ID Name- SODD 50.00
I Enhancement-Super Use;Account-No Password Needed SO.OD $0.00
l Mutare 24x7 Annual Support on all Components $2.800.00 S2.8013M
:Source „r :';', u i•HalRsr 5 �. .,.,,..+De5C4PtlPn '';N' ,,;��'.Extenaea:Rote-"i 7
Labor.
Mutare Installation and Pralect Management - 51,260.0
Materlolsr n $14.700.03
Taz *VJ
$),21275
Accepted Ldborw"rw 'i $1,260.00
' 7imo"Yed Fyeigh� a TBD
Dole!-
PO
ale PO Number.
P.pn.uv,,.nd Confidcnftl.For use only by addressee.
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op
- 4/FA
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I CONSENT CALENDAR
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TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
i
FROM: ANN iGRAF, DIRECTOR OF INFORMATION TECHNOLOGY
VIA: F.M. DELACH, CITY MANAGERAk/,'
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DATE: APRIL 7, 2008
SUBJECT: UPGRADE PUBLIC WORKS VOICE AND DATA CABLE INFRASTRUCTURE
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RECOMMENDATION
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1. It is recommended that the City Council waive formal sealed bids in accordance
with Azusa Municipal Code Section 2-523(d) competitive bidding already completed,
due to the fact thatJ.D. Briggs Communications is covered under the California
Multiple Award Sch dule CMAS agreement number 3-03-00-0389B.
2. Approve the infrastructure upgrades and approve the issuance of a purchase order
to J.D. Briggs Communications in the amount not to exceed $27,400.
BACKROUND
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The current voice and data infrastructure in the city yard was cabled back in the early
1990's: This was done partially with in-house staff and partially contracted. With
constantly changing technologies the equipment, PC's and printers, that are supported
on this infrastructure (CAT-3e) need additional bandwidth which is not supported on
this old infrastructure, and therefore daily problems with printing and connectivity
occur. The upgradl will allow the network speed and connectivity to go from 10 MB
to 1 GB. I
This project will beldone in 2 phases. The first phase will move the fiber and
connections from the old electric building into the public works facility and re-
terminate fiber into a new cabinet. Second phase will recable all existing connections in
the Public Works, Stores and Garage facilities and remove old infrastructure.
FISCAL IMPACT
This expenditure is,budgeted at $32,475 as part of the 2008 budget, account numbers
48499300007142!and 15555213006670.
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1 ® BRIGGS
d® MIN, INC.
Est.
20682 W.Hwy 66 1986
Barstow,CA 92311
(760)253-4207
March 28.2008
City of Azusa
Attn: Maggie Perkins
213 E. Foothill Blvd.
Azusa, CA 91702
Dear Maggie,
J. D. Briggs Communication, Inc. is pleased to submit this proposal to you for the placement of
new Data and Voice cabling at the Public Works Building, Phase##1. This quote is based on
the following scope of work and assumptions.
SCOPE OF WORK
1. Remove fiber from existing building and pull back to existing pull box.
2. Rod existing conduit and place new pull rope.
3. Place existing fiber in conduit and place to upstairs data cabinet.
4. Place new data 3'x 2'x 2' enclosed data cabinet.
5. Place new fiber LIU and reterminate fiber.
TERMS AND CONDITIONS
The pricing will remain effective for(30)days from date of submission.
The price is based on: Cable will be possible to remove from existing conduit and placed in
existing conduit to new IDF and enough cable.
All change orders shall be in writing from designated Client Project Manager and must be
accepted by J. D. Briggs Communication, Inc. prior to any additional work activities
commencing.
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Azusa_Public-Works_Phase-I_Quote_032808 doc
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Delays caused due to.1 D. Briggs personnel waiting on customer personnel or any other
subcontractors may result in additional charges for lost time calculated at the current hourly rate.
This applies to multiple dispatches as a result of non-J..D. Briggs delays.
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SCHEDULE
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The daily size of the wi rk crews will be determined by J. D. Briggs Communication,Inc.,
Arrangements other than as depicted in this schedule require advance notice and are subject to
available personnel, expedited delivery expense, differential and/or overtime expense unless
waived by J.D. Briggs,Communication, Inc.. in writing.
WARRANTY
J. D. Briggs Communication,Inc. provides a one-year warranty on all workmanship.
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PAYMENT TERMS
It is standard policy fon J. D. Briggs Communication, Inc. to obtain the material charge at
contract signing and the remainder of the contract value upon completion of installation.
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PRICING SUMMARY
1 D. Briggs Communication, Inc. will provide all labor and material required to perform the
project as described in the Scope of Work for the following price,without bond(s).
Labor& Equipment $ 7,410.00
Material $ 9,870.00
Total Project $ 9,280.00
Upon acceptance of this proposal,customer authorization by signature is required to go forth
with this project. Please fax signed copy to (760) 253-3203..
Authorization: Date:
Typed Name:
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Azusa_Public-W orks_Phase-]_Quote_032808.doe
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C® ® CARON, INC..
Est.
20682 W.Hwy 66 1986
! Barstow,CA 92311
(760)253-4207
!
March 28.2008
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City of Azusa
Attn: Maggie Perkins
213 E. Foothill Blvd_
Azusa, CA 91702 C
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Dear Maggie,
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J. D.. Briggs Communication, Inc. is pleased to submit this proposal to you for the replacement of
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existing Cat-5 cabling with new Cat-5e cabling for both voice and data at the Public Works
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Building, Phase 92. This quote is based on the following scope of work and assumptions.
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SCOPE OF WORK
1. Place (1) Cat-5'e cable for voice and (2)Cat-5e cables for data to approximately (16)
locations.
2. Build new equipment location. .
3. Remove old wires where possible.
4. Terminate and!test.
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TERMS AND CONDITIONS
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The pricing will remain effective for(30) days from date of submission.
Where needed, Pandut will be used on non-fishable walls and concrete.
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All change orders shall be in writing from designated Client Project Manager and must be
accepted by J. D. Briggs Communication, Inc. prior to any additional work activities
commencing.
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Azusa Public-Works_Phase-2_Quote_D32808.doc
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Delays caused due to J. D.Briggs personnel waiting on customer personnel or any other
subcontractors may result in additional charges for lost time calculated at the current hourly rate.
This applies to multiple dispatches as a result of non-.J. D. Briggs delays,
SCHEDULE
The daily size of the work crews will be determined by J. D. Briggs Communication, Inc.
Arrangements other than as depicted in this schedule require advance notice and are subject to
available personnel, expedited delivery expense,differential and/or overtime expense unless
waived by J. D. Briggs Communication, Inc. in writing.
WARRANTY
.J, D. Briggs Communication, Inc. provides a one-year warranty on all workmanship.
PAYMENT TERMS
It is standard policy for J. D. Briggs Communication, Inc. to obtain the material charge at
contract signing and the remainder of the contract value upon completion of installation.
2 of 3
Azusa_Public-W orks_Phase-2_Quote_032808.doc
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PRICING SUMMARY
J. D. Briggs Communication, Inc. will provide all labor and material required to perform the
project as described in the Scope of Work for the following price, without Bond(s).
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Labor& Equipment) $ 11,640.00
Material $ 6,458.00
Total Project $ 18,098.00
Upon acceptance of this proposal, customer authorization by signature is required to go forth
with this project Please fax signed copy to (760) 253-3203.
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Authorization: Date:
Typed Name:
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CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
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FROM: F. M. DELACH, CITY MANAGER
DATE: APRIL 7, 2008
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SUBJECT: RESOLUTION OF OPPOSITION TO CALIFORNIA PROPERTY OWNERS AND
FARMLAND PROTECTION ACT
RECOMMENDATION:
It is recommended that City Council adopt a resolution in opposition to the California
Property Owners and!Farmland Protection Act.
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BACKGROUND:
The Howard Jarvis Taxpayers Association, the California Farm Bureau Federation and
the California Alliance to Protect Private Property Rights have submitted signatures to
place a measure on the June, 2008 ballot, which would make major changes to laws
governing use of property, including use of eminent domain and regulation of land
use. The proposed initiative would make the following changes to existing law:
Governmental Regulations Affecting Price
The initiative would define a regulation of property that limits the price a private
owner may charge another person to purchase, occupy or use his or her real property
as a prohibited taking for a private use. This would prohibit rent control ordinances
and make unconstitutional inclusionary housing ordinances adopted in many
California communities which require new housing development to include units
affordable by low- and moderate-income buyers or renters. The effect of this
provision on the inclusionary housing provisions of the Community Redevelopment
Law is difficult to predict. Redevelopment agencies might still be able to bargain for
the provision of affordable units as a condition of agency assistance, but they would
not be able to impose such requirements as a matter of law.
Limitation on Use of Eminent Domain for Consumption of Natural Resources
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1 Rent controlled units as of January 1,2007,would be grandfathered,but only for so long as at least one of the
tenants continues t i live in the unit as their principal place of residence.
In one of its provisions, the initiative would prohibit the use of eminent domain to
"transfer the ownership, occupancy or use of private property...to a public agency for
the consumption of natural resources..." This provision can be read, for example, to
prohibit the use of eminent domain by a city to acquire new drinking water resources.
The initiative would also prohibit the use of eminent domain if the public agency
would use the property for "the same or substantially similar use as that made by the
private owner." This provision would likely eliminate eminent domain as a tool to
acquire conservation and open space easements.
Regulation of Land Use
The initiative requires a public agency to pay "just compensation" when it regulates
the use of land if the regulation transfers an economic benefit from the person who
owns the land to another person. Under existing law, public agencies use their police
power to enact regulations governing the use of privately owned real property. These
regulations range from traditional zoning to nuisance regulations and include
conditions imposed on the new development of property. Nearly all of these
regulations have an economic impact. Some properties are benefited while others are
burdened. Read literally, this provision would make unconstitutional virtually all
regulation of land use unless just compensation is paid.
Restrictions on the Use of Eminent Domain
I . Property may not be taken and then transferred to a private party. For over 50
years, State and Federal Courts have held that the use of eminent domain by
redevelopment agencies to eliminate conditions of blight is a public use. The
initiative's definitions of "taken" and "private use" reverse those cases and
prohibit the use of eminent domain where the ownership, occupancy or use of
the property acquired is transferred to a private person or entity. This would
end the use of eminent domain by redevelopment agencies except for public
works projects. It would also prevent the use of eminent domain by other
public agencies in public/private partnerships for facilities such as toll roads and
privately-run prisons.
2. New definition of "just compensation." Existing law requires the payment of
just compensation to the owner of property taken by eminent domain. "Just
compensation" is defined in the Eminent Domain Law (a statute) as "fair
market value." A body of well-established law interpreting the meaning of "just
compensation" allows both public agencies and property owners to be
reasonably certain about the value of property to be acquired. In large part
because the value of the property is predictable, an acquisition usually does not
require the use of eminent domain and rarely will an eminent domain case
actually go to trial. The initiative would add a constitutional definition of "just
compensation" that would prevail over this settled body of law. This will
probably result in the need to have more frequent recourse to the courts to
settle disputes over the meaning of "just compensation." Among the other
changes that the initiative would make are the following:
a. just compensation would include an award of the property owner's
attorney's fees if the jury awards one dollar more than the amount
offered by the public agency. It is unclear which offer to purchase this
provision refers to.
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b. just compensation would include elements not currently recognized such
as temporary business losses. Relocation and other business re-
establish'ment costs would also be elevated to constitutional status,
thereby perhaps abrogating existing statutes which place limits on the
type and, amount of such expenses for which compensation must be
paid.
3. Acquiring "immediate possession" of property made more complicated. Under
existing law, after depositing with the court the estimated just compensation, a
public agency can obtain possession of property prior to a final judgment based
on a showing of an overriding need for the condemnor to take possession prior
to final judgment. if the property owner withdraws the deposit, he or she
waives their right to contest whether the taking is for a public use but may still
contest the amount of just compensation. The initiative would change this
approach to prejudgment possession by permitting the property owner to
contest both public use and just compensation after withdrawing the deposit.
This would make the use of prejudgment possession more problematic for
public agencies since they would still be at risk of being prohibited from taking
the property (if they lose the right to take issue) rather than simply paying more
for it.
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4. Balance of power shifts. Under existing law, when a public agency makes
findings in connection with the taking of property by eminent domain, those
findings are entitled to strong presumptions of validity. Courts will overturn
those findings only where the property owner is able to demonstrate a gross
abuse of discretion, such as bribery or fraud. Courts are also limited to
reviewing the administrative record before the public agency. These rules are
rooted in concepts of separation of powers—the respect that co-equal
branches of government have for the other's proceedings. The initiative would
provide that a court must exercise its independent judgment and give no
deference to the findings of the public agency. The court's inquiry would also
not be limited to the administrative record, and so the property owner could
introduce evidence of value and other matters not before the condemning
agency at the time the decision to condemn was made.
FISCAL IMPACT:
There is no fiscal impact as a result of adopting this resolution. Adoption of the
California Property Owners and Farmland Protection Act could have significant impact on
the Redevelopment Agency's ability to perform its function in the future.
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RESOLUTION NO. 08-C
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA, IN OPPOSITION TO PROPOSITION 98
WHEREAS, a constitutional amendment ballot measure, Proposition 98, will
appear on California's June 2008 ballot; and
WHEREAS, Proposition 98 proponents want voters to believe the initiative is about
eminent domain, but in fact the measure contains hidden agendas and flawed language
which will eliminate rent control and other renter protections, threaten development of
public water projects, stymie local land use planning and impair our ability to protect the
environment; and
WHEREAS, the majority of the funding to qualify this measure comes from wealthy
apartment and mobile home park owners who are attempting to trick voters into
abolishing rent control and other renter protections, thereby jeopardizing an important
affordable housing tool to protect working families, seniors, single-parent homes,
veterans and others; and
WHEREAS, provisions in the initiative would also preclude the use of eminent
domain to acquire land or water to develop pub/ic water projects that are needed to
provide our residents, businesses, farmers and economy with a reliable and safe supply
of water; and
WHEREAS, Proposition 98 is opposed by the Association of California Water
Agencies and the Western Growers Association, who warn the initiative will impair water
projects to protect water quality and supply; and
WHEREAS, language in the initiative will also prohibit the passage of regulations,
ordinances, land use and other zoning laws that enable local governments to plan and
protect communities; and
WHEREAS, the California Police Chiefs Association opposes the measure because
it threatens their ability to keep communities and the public safe; and
WHEREAS, leading environmental groups warn provisions in the measure would
impair our ability to enact environmental protections such as laws that control
greenhouse gas emissions, preserve open space, protect coastal areas, and regulate
development; and
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WHEREAS, the INo on Proposition 98 campaign is represented by the League of
California Cities, California State Association of Counties, League of California
Homeowners, California League of Conservation Voters, California Alliance for Retired
Americans and other ileading state and local associations who oppose Proposition 98.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Azusa, hereby
oppose Proposition 98 on the June 2008 ballot.
NOW, THEREFORE, BE IT FURTHER RESOLVED that we authorize the use of our name
by the No on Proposition 98 campaign in opposition to Proposition 98.
SECTION 1 . (That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
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PASSED, APPROVED AND ADOPTED ON THIS 7T" DAY OF APRIL, 2008
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MAYOR
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Attest:
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CITY CLERK
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of
the City of Azusa at a regular meeting thereof held on the 7`h day of April, 2008, by the following
vote of the Council:
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AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
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ABSENT: COUNCILMEMBERS:
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CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT B. GARCIA, CHIEF OF POLICE
VIA: F.M. DELACH, CITY MANAGER
DATE: APRIL 7, 2008
SUBJECT: APPROVE THE POLICE DEPARTMENT'S PURCHASE OF TWELVE (12)
BALLISTIC TACTICAL SWAT VESTS
RECOMMENDATION i
It is recommended that the City Council approve the Police Department's purchase of
twelve (12) ballistic Protech Trimax PT 100 SWAT vests with accessories, in the
amount of $20,589.15 (inclusive of tax) from Aardvark Tactical Inc. located in the City
of Azusa.
BACKGROUND
The Police Department's SWAT team was established in 1984 and currently has
thirteen (13) team members. Each team member is issued a ballistic tactical vest
which provides greater protection than standard "soft" body armor worn by patrol
officers. However; the SWAT team's current tactical vests are more than ten (10)
years old and the ballistic rating is only guaranteed for five years.
Under City of Azusa Municipal Code (AMC), Section 2-518 (b) — purchases of supplies
and equipment between $10,000 and $24,999, the Police Department sought to
procure new ballistictactical vests for the SWAT team utilizing authorized informal
purchasing procedures. After the SWAT team fit-tested multiple ballistic tactical vests,
they were most satisfied with the Protech Trimax PT 100 vest, which passed their field
testing scrutiny. After conducting "on-line" shopping, Lt. Dennis found the advertised
selling prices for the PT 100 vests:
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1) Chiefsupply.com $1 ,169.99 per vest (not including accessories)
2) Southernpoliceequipment.com $1 ,533.99 per vest (not including accessories)
3) Aardvark Tactical Inc. $1j021.00 per vest (not including accessories)
The SWAT team procured a single vest as described for a new SWAT member since no
existing vest fit properly and therefore, needs to procure only (12) additional vests.
FISCAL IMPACT
The purchase of these SWAT vests from Aardvark Tactical in the amount of
$20,589.15 will be funded from the Asset Seizure Fund, Account No. 28-20-310-041-
6599.
Prepared by:
Lieutenant Paul Dennis
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CONSENT CALENDAR ITEM
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TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES
VIA: F. M. DELACH, CITY MANAGER �
DATE: APRIL 7, 2008 /
SUBJECT: NOTICE OF COMPLETION FOR CONSTRUCTION OF FOUL BALL FENCING AT
GLADSTONE PARK IN THE AMOUNT OF $17,480.00
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RECOMMENDATION:
It is recommended that City Council approve the Notice of Completion for the construction of foul
ball fencing at Gladstone Park in the amount of$17,480.00 and authorize staff to file the Notice
of Completion with the Los Angeles County Clerk.
BACKGROUND:
At the Council meeting of April 2, 2007, authorization was given to purchase and install foul ball
netting at Gladstone Park from Sports Facilities Group, Inc. in the amount of$26,550. As design
work commenced on the project, the engineering firm for the vendor had mandated an increase in
pole diameter and depth of footings, citing insufficient design to facilitate accurate wind load
calculations. The cost of such an increase nearly doubled the previously approved project budget
to a total of$49,575. In an effort to insure that the project was not being over-engineered and at
the request of the City Manager, staff met with Frank Bigdeli, contract engineer, and Doug Preble,
interim City Engineer, who collaborated that the project revision was not over-engineered and in
turn would be rather costly.
As a result, staff then made a recommendation to City Council at the meeting of November 5,
2007, to remove the project from the 2007-08 CIP process based on increased costs. Rather
than remove the project, staff was directed to find another solution to correct the problem, citing
a commitment from the previous City Council to resolve the matter. An alternative fencing
solution was developed through a collaborative effort which included industry experts, city
engineering staff and citizen input. Worlc commenced March 10, 2008 and was completed March
28, 2008.
FISCAL IMPACT:
The budget for this project was $20,000 and held in account (# 10-80-000-410-7130/41007G-
7130)
0-80-000-410-7130/41007G-
7130) specifically for this purpose.
08-032
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RECORDING REQUESTED BY
AND WHEN RECORDED MAL,TO:
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NAME Azusa City Clerk
STREET
ADDRESS 213 E.Foothill Blvd.
CITY,STATE& Azusa,CA 91702
ZIP CODE
L
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion.(See reverse side for Complete requirements)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is The City of Azusa
3. The full address of the owner is 213 E.Foothill Blvd.,Azusa,CA 91702
4. The nature of the interest or estate of the owner is:In fee.
(IF OTHERTHAN FEH STRIXE"W FEC AND PISERT,RJA EfAA1p1E,"PURCfL15E0.GNDER WN'IRACr DFPUROlASE",OR"IPSSEE�
5. The full names and full addresses of ell persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned,if the property was transferred subsequent to the commencement of
the work or improvements herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on March 28 2008.
8. The name of the contractor,if any,for such work of improvement was: Best Fencers.
(IFNOCONTRACTORMRW MOFV ROVEFffNTASAW O0 MSERT'NcetE• (DATEOFOONFRACT)
9. The property on which said work of improvement was completed is in the City of Azusa
County of Los Angeles ,State of CA ;and is described as follows:Ball Field Fencing.
10. The street address of said property is Gladstone Park 414 S.Pasadena Ave.(corner of Pasadena and Russell) Azusa.
Joe Rocha,Mayor
Dated: 4/7/08
(SIGNATURE OFOWNER ORmRPORATEOFFICFA OFOWNPRNAF¢p M PARAGRAPH 3ORHIS AGENT)
VERIFICATION
1,the undersigned,say:I am the the declarant of the foregoing notice of completion;
(•PRPSIDENTOF','MANAGEROF","PARTNEROF'.'DWNEROF",ETC)
1 have read said notice of completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury that the
foregoing is true and correct.
Executed on at ,
(CHY) (STATE)
REAS0NALSIGNATORE0FTHENDIVIDUALWH01SSWEARWGT TTTIECONTENrSOFTHENOna OFOJFPIETIONARETRUE)
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CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CIN COUNCIL
FROM: ALAN I(REIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/CFO
VIA: F. M. DELA CH, CITY MANAGER
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DATE: APRIL 7, 2008
SUBJECT: PURCHASE:OF 6,300 CIRCUIT FEET OF 500 MCM PRIMARY COPPER CABLE
RECOMMENDATION
It is recommended thaYn accordance with Section 2-518 (c), Article VII, Chapter 2 of the
Azusa Municipal Code, City Council approve the issuance of a Purchase Order to HD Supply
Utilities of Santa Fe Springs, CA, in an amount not to exceed $254,279 for the above
referenced cable.
BACKGROUND
The city stocks in its inventory, 151(V 500 MCM Primary copper cable for use by the Electric
Division for various electrical projects throughout the city. Combined with the cable currently
in stock at Central Stores, the 6,300 circuit feet of cable to be purchased will be utilized as
follows: 2800 feet are to be used for the Palm Drive underground project, 1,000 circuit feet
are to be used for the Azusa Village underground project, 1,600 circuit feet are to be used at
the Cerritos Circuit Extension, and the balance is for stock replenishment.
FINDINGS
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The Purchasing Division' solicited formal sealed bids, and a bid opening was held in the Office
of the City Clerk on Mohday, March 31, 2008. Three (3) bids for the above mentioned copper
cable were received and publicly declared. The results are listed on page 2 of this report, in
terms of lowest price inclusive of sales tax, reel deposits, and freight charges to the city.
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Honorable Mayor and Members of the Council
Page 2
Vendor Location Price Lead Time
HD Utility Supply Santa Fe Springs, CA $254,279 10 weeks ARO
Wesco Distribution Industry, CA $259,123 . 10 weeks ARO
One Source Distributors Downey, CA $281,590 8 weeks ARO
FISCAL IMPACT
There is no fiscal impact to the General Fund, as this cable will be purchased under Stores
Inventory Account number 33000000001601 , then will be charged to the appropriate Light
Division account as it is checked out of Stores.
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CONSENT CALENDAR
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/CFO
VIA: F. M. DELACH, CITY MANAGER
DATE: APRIL 7, 2008
SUBJECT: PURCHASE OF CENTRON ELECTRIC METERS
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RECOMMENDATION
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It is recommended that City Council approve the issuance of a purchase order in an
amount not to exceed $56,636 to Mc Avoy &Markham of Irvine, Ca, for the purchase
of 960 Centron C I SR.Electric Meters, under the provisions of Section 2-523 (d), no
competitive market, of the Azusa Municipal Code.
BACKGROUND
The Centron CISR, FM2S CL200 with single HP IDM ERT, is a single phase radio
residential meter that;can be read remotely using a handheld electronic Itron Meter
reading device. It is the only Watt hour Meter used to replace existing watt hour
meters throughout the City of Azusa. There are currently approximately 13,000
meters in the system ithat are slated for replacement using these new Centron C1 SR
Meters. McAvoy &Markham is the sole source of supply for these meters.
FISCAL IMPACT !
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There is no fiscal impact to the General Fund. These meters will be purchased using
Stores"Inventory account number 33000000001601 , then will be charged to the
appropriate Electric Division account as they are checked out of Stores.
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7E f OF
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1 CONSENT ITEM
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
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FROM: F. M DELACH, CITY MANAGERAV
DATE: DECEMBER 17,12007 <I ° '
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SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING AGREEMENT WITH THE EAST SAN
GABRIEL VALLEY COALITION FOR HOMELESS TO PROVIDE A TEMPORARY SHELTER
VOUCHER PROGRAM
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RECOMMENDATION
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It is recommended that City Council approve the revised Memorandum of Understanding Agreement with the
East San Gabriel Valley Coalition For the Homeless to provide temporary shelter for families of Azusa Unified
School District with a one-time budget appropriation of $10,000 from General Fund revenue resources; and
authorize the City Manager to;execute the agreement.
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BACKGROUND
At the Utility Board meeting of October 22, 2007, after the Utility Board approved the installation of a cellular
telephone system antennae ori City property,Mayor Rocha requested that an item be brought back to Council to
consider a portion of the new revenues be used as "seed money" for a proposed "Homeless Voucher Program".
The requested appropriation is $10,000. On November 5, 2007, Council discussed the program and requested
the development of specific ci riteria prior to approval of a program for shelter vouchers.
Criteria for the program was recommended as follows:
This program is CDBG-eligible as benefiting the low/mod limited clientele of homeless persons.
• Future Funding could come under the 15% Public Service Cap.
• Funding would pay for: 1
o Vouchers only;:no program administration costs.
o Vouchers can lie issues for up to 5-nights.
o A family/client may apply for a voucher once per calendar year or up to 5-nights.
• Vouchers limited to Azusa' families with children registered in the Azusa Unified School District and legally
Emancipated Youths (with' proof of legal judgment) registered in the AUSD.
• Azusa residency and homelessness determined by full interview, proof of last residency, and proof of
current youth registration in AVSD.
• Recommended that a Noh-profit organization (501(c) (3)) providing services to homeless persons
administer the program (e.g., East San Gabriel Valley Coalition for the Homeless)
o Experienced inlproviding homeless assistance.
o Experienced in:dealing with federal funding and documentation requirements.
The criteria are recommended to assure eligibility for future CDBG funding. This program may also work in
concert with the Salvation Army Voucher Program next year. Funding from CDBG would not be available until the
2008 Budget allocation.
The ESGV Coalition for the Homeless has agreed to administer the program and enter into the
MCU/Agreement for established former Azusa residents via the criteria established.
FISCAL IMPACT
$10,000 from General Fund revenues to be replaced by revenues from the Cell Tower lease payments on City
utility property.
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AGREEMENT FOR TEMPORARY HOUSING VOUCHER SERVICES
This Agreement is entered into on the_day of 2008,by and between
the CITY OF AZUSA, ("CITY"),i and the East San Gabriel Valley Coalition for the
Homeless, ("CONTRACTOR' or COALITION"). CITY and
CONTRACTOR/COALMON are at time referred to individually as "Party" and
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collectively as"Parties"herein.
RECITALS
WHEREAS, the Azusa City Council has determined that there is a significant
need to provide emergency shelter to families with children currently enrolled and
attending schools with the Azusa Unified School District ("AUSD CHILDREN" or
"AUSD")in the CITY;and i
WHEREAS, the Azusa Ci� Council has designated a "one-time" allocation of
$10,000 to provide emergency shelter service vouchers to AUSD CHILDREN;and
WHEREAS, the AUSD is:most knowledgeable about the AUSD CHILDREN in
need and has the ability to makereferrals;and
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WHEREAS, the COALITION has offered to administer the distribution of
vouchers to provide for temporary shelter for AUSD CHILDREN CITY;and
WHEREAS, the All 8 Motel located at 638 N.Rockvale in the CITY has agreed to
accept vouchers issued by the COALITION;and
WHEREAS, CITY recognizes the public benefit in providing the financial,
assistance for the vouchers to aid,AUSD CHILDREN in need. -
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NOW THEREFORE, in consideration of the mutual covenants herein set forth
and the mutual benefits to be derived therefrom,the Parties hereto agree as follows:
1. GENERAL SCOPE OF SERVICES. This Agreement is made and entered into
with respect to the following terms:
(a) Scope of Services:;CONTRACTOR is to perform all services set forth in
Exhibit "A" of this-Agreement ("Services"). The Services shall be subject
to, and performedlin accordance with, this Agreement and all applicable
local, state and federal laws, rules and regulations.No material changes or
alterations in the services are permitted unless in writing and mutually
agreed upon by the Parties hereto;
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(b) Time of Performanio`: Said services of CONTRACTOR are to commence
on . and shall continue until If the CONTRACTOR does
not commence work for the Services as agreed herein, CITY may
terminate this Agreement in writing pursuant to the provision below;
(c) Fee: CONTRACTOR agrees to accept$10,000.00 for the total Services to
be rendered pursuant to this Agreement;
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ORANGEISCARV ALHOW4205.3
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(d) Payment: Payment by the CITY to the CONTRACTOR shall be paid in
quarterly installments of$2,500.00(actual invoice amount shall not exceed
$2,500.00 without prior CITY written authorization). Payment will be
made to the CONTRACTOR within 30-days after receipt and approval of
the invoice as follows:
East San Gabriel Valley Coalition for the Homeless
c/o Irene Kubo
P.O.Box 93256
City of Industry, CA 91715
2. MAINTENANCE AND AVAILABILITY OF RECORDS: CONTRACTOR shall
establish and maintain on a current basis, a project records file and an adequate
accounting system in accordance with generally accepted accounting principles
and standards. CONTRACTOR shall retain all records for at least five(5)years.
CONTRACTOR shall make available for inspection its performance, financial.
and all other records pertaining to the performance of this Agreement.
3. PROGRAM REPORT: Quarterly,the CONTRACTOR shall provide the CITY,in
a form approved by the CITY, a budget and a report on the status of the Services
to be performed pursuant to this Agreement.
4. INDEPENDENT CONTRACTOR: CONTRACTOR'S relationship to CITY in
performance of this Agreement is that of an independent CONTRACTOR. The
personnel performing services under this Agreement shall at all times be under
CONTRACTOR'S exclusive direction and control and shall be employees of
CONTRACTOR and not employees of CITY.
5. ASSIGNABILITY: The CONTRACTOR shall not assign any interest in this
Agreement, and shall not transfer any interest in the same (whether by
assignment or transfer),without the prior written consent of the CITY hereto.
6. TERMINATION, Suspension or termination of this Agreement may occur if the
CONTRACTOR materially fails to comply with any term of the award and the
award may be terminated for convenience at any time. In the event of such
suspension or termination, the CONTRACTOR shall only be entitled to
reimbursement for the fees incurred to the effective date of suspension or
termination.
7. INDEMNIFICATION AND INSURANCE: CONTRACTOR shall indemnify,
defend and save harmless the CITY, its offices, agents and employees from and
against any and all claims and losses whatsoever accruing or resulting to any and
all persons, firms or corporations furnishing or supplying work, services,
materials or supplies in connection with the performance of this Agreement, and
from any and all claims and losses accruing or resulting to any person, firm or
corporation for damage, injury or death, arising out of or in connection with
CONTRACTOR'S performance of this Agreement. Without limiting
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ORANGEISCARVAL 0\49205.3
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CONTRACTOR'S indemnification, it is agreed that CONTRACTOR shall
maintain in force at all times during the performance of this Contract a policy or
policies of insurance covering its operations. CONTRACTOR shall furnish CM
with certificates evidencing the maintenance of such insurance coverage. CITY
shall be given notice in writing at least ten (10) days prior to cancellation or
modification of any policy. CITY, its officers and employees, shall be named as
additional insured on all policies of liability insurance. All policies of insurance
shall be in a company authorized by law to transact insurance business in the
State of California and shall include the following:
(a) General Liability:WithI a combined single limit of$1,000,000;
(b) Automobile: If usedi in performing services hereunder, automobile
insurance must be 4tained in an amount equal to that required for
general liability;and
(c) Workers' Compensafion: In compliance with California Worker's
Compensation laws.
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8. EQUAL OPPORTUNITY IN PROGRAM BENEFITS: CONTRACTOR shall not
deny service to or otherwise discriminate against any AUSD CHILDREN on the
grounds of race, color, religion, creed, sex, national origin, marital status,
physical handicap,medical condition or age.
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11. CONFLICT OF INTEREST:i No member, official or employee of the CITY shall
have any personal interest, direct or indirect, in this Agreement nor shall any
member, official or employee participate in any decision relating to the
Agreement which affects His or her personal interests of any corporation,
partnership or association in which it is,directly or indirectly,interested.
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13. TERM AND NOTICE: This Agreement shall be for the period of [___] months,
commencing on [ ],•,and terminating on [ ]. Each Party hereto
retains the right to cancel this Agreement with a ten (10)day written notification
to the other Party.
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15. PERMITS.LICENSES AND.CODES. CONTRACTOR shall secure and pay for
all permits and licenses required for the Services.
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16. STANDARD OF CARE. CONTRACTOR shall provide Services under this
Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by licensed contractors in the State of
California. CONTRACTOR represents and maintains that it is skilled in the
trades or crafts 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. CONTRACTOR shall perform,at its own
cost and expense and without reimbursement from City, any services necessary
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to correct errors or omissions which are caused by the CONTRACTORS's failure
to comply with the standard of care provided for herein.
17. GOVERNING LAW. This Agreement shall be construed and interpreted
according to,and the rights of the Parties hereto shall be governed by,the laws of
the State of California.
18. 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. .
19. ATTORNEY'S FEES. If either Party commences an action against the other
Party, either legal, administrative or otherwise, arising out of or in connection
with this agreement, the prevailing Party in such litigation shall be entitled to
have and recover from the losing Party reasonable attorney's fees and all other
costs of such action.
In witness whereof the Parties here to have caused this Agreement to be executed on
the day and year first above written.
CONTRACTOR CITY OF AZUSA
East San Gabriel Valley Fran Delach,
Coalition for the Homeless City Manager
Executive Director
Date Date
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CONSENT ITEM
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TO: HONORABLE MAYOR AND MEMBERS OF THE CIN COUNCIL
FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER
VIA: F.M. DELAH, CITY MANAGER/Ov,
DATE: APRIL 7, 2008
SUBJECT: MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE,
FLASHING BEACONS, IN-PAVEMENT, LIGHTED CROSSWALKS, AND SAFETY
LIGNTS
RECOMMENDATION
It is recommended that. the City Council approve and authorize the City Manager to invite
sealed proposals for annual contract services for MAINTENANCE AGREEMENT FOR TRAFFIC
SIGNALS AND APPURTENANCE, FLASHING BEACONS, IN-PAVEMENT, LIGHTED
CROSSWALKS, AND SAFETY LIGNTS.
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BACKGROUND
The City of Azusa retains a service provider to maintain the-traffic signal system'and related
traffic and pedestrian ;warning and lighting facilities. This enables the City crews to
concentrate on specific tasks while the necessary maintenance tasks, off hours and
emergency repairs are performed by the maintenance contractor.
In order to obtain competitive costs, the City periodically solicits new proposals for the
maintenance services.
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Attached to the staff report are the specifications for the Request for Proposal document.
FISCAL IMPACT j
The funds to cover they Icost of this agreement are budgeted in the Public Worl<s-Roadway
Streets Maintenance Operating Budget.
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Exhibit "A"
CITY OF AZUSA
CALIFORNIA
REQUEST FOR PROPOSALS (" RFP" )
FOR
MAINTENANCE AGREEMENT FOR
TRAFFIC SIGNALS AND
APPURTENANCE,
FLASHING BEACONS
IN -PAVEMENT,
LIGHTED CROSSWALKS ,
AND SAFETY LIGHTS
PREPARED BY:
CITY OF AZUSA
213 E. Foothill Blvd.
AZUSA, CALIFORNIA 91702
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CITY OF AZ USA
CALIFORNIA
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REQUEST FOR PROPOSALS
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FOR
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MAINTENANCE AGREEMENT FOR TRAFFIC
SIGNALS AND APPURTENANCE,
FLASHING BEACONS, SAFETY
LIGHTS, AND IN-PAVEMENT
; LIGHTED CROSSWALKS
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Approved by:
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Date: March 1 , 2008
Frank Bigdeli, P.E.
City Engineer
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CITY OF AZUSA
NOTICE OF REQUEST FOR PROPOSALS
MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE,
FLASHING BEACONS, SAFETY LIGHTS AND
IN-PAVEMENT LIGHTED CROSSWALKS
NOTICE IS HEREBY GIVEN that the City of Azusa, as AGENCY, invites sealed proposals for
furnishing all labor, materials, equipment, transportation and such other facilities as may be required
to perforin annual contract services providing the Maintenance Agreement for Traffic Signals
and Appurtenances, Flashing Beacons, Safety Lights, and In-pavement Lighted
Crosswalks in the City of Azusa for the period of July 1, 2008, to June 30, 2013.
The City requests proposal to be received by the City of Azusa, 213 E. Foothill Blvd., Azusa,
California 91702, .by 10:00 a.m., Tuesday, May6, 2008, in the office of the City Engineer. Each
proposal should be in a sealed envelope clearly marked with the name of the proposal subject and
the name of the proposer. If the proposal is mailed to the City Engineer, the sealed envelope should
be placed within a mailing envelope, which should be marked in such a fashion as to indicate that it
contains a sealed proposal. It shall be the sole responsibility of the contractor to see that the
proposal is received in proper order.
Proposal forms and scope of work to be used for this project can be obtained at the office of the
City Engineer, City of Azusa, 213 E. Foothill Blvd., Azusa, California 91702, upon a non-
refundable payment of $30.00 per set ($40.00 per set if mailed). Related records and other
contract documents may also be examined at the office of the City Engineer.
The. City reserves the right not to consider any proposal if it is not made per the format specified by
the City including the use of City-furnished forms.
The City of Azusa will evaluate the proposal per the described evaluation criteria and reserves the
right to reject any or all proposals and/or waive minor irregularities or any informality on a proposal.
Dated this day of 2008 By: Frank Bigdeli, PE, City Engineer
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lCITY OF AZUSA
INSTRUCTIONS TO PROPOSERS
MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE,
FLASHING BEACONS, SAFETY LIGHTS, AND
j IN-PAVEMENT LIGHTED CROSSWALKS
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1. GENERAL INFORMATION
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A. Background
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The City of Azusa operates and maintains approximately 37 traffic signals equipped
with variety of traffic signal controllers.
Proposal Overview
1. Proposals shall be submitted in an 8Y2" by 11" format (foldouts are
acceptable) including City-provided forms.
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2. . Submit three (3) copies of the proposal.
3. Proposals must be in sealed envelopes with "Maintenance
Agreement for Traffic Signals and Appurtenance, Flashing
Beacons, Safety Lights, and In-Pavement Lighted Crosswalks"
printed on the outside. Please note special handling of proposed fees
per Item 2E, Proposed Service Fees. We request the Proposal be
received by the office of the City Engineer, City of Azusa, 213 E.
Foothill Blvd., Azusa, CA 91702, no later than 10:00 a.m., Tuesday,
MI ay 6, 2008.
The proposal shall be signed by an official authorized to bind the
firm. If the proposal is made by an individual, his name and post
office address must be shown. If made by a firm or partnership, the
name and post office address of each member of the firm or
partnership must be shown. If made by a corporation, the proposal
must show the name of the state under the laws of which the
corporation was charted and the names, titles and business
addresses of the president, secretary and treasurer.
4. TIhe successful Proposer will be expected to enter into an
agreement for services in substantially the same format to the
sample Maintenance Agreement attached to this RFP request.
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2. PROPOSAL FORMAT
The following is a list of items that must be included as a minimum within the submitted
proposal.
A. Scope of Work
Present your concept for providing a comprehensive, Citywide traffic signal
maintenance program and related support services as described in the enclosed
scope of work. Include a discussion regarding the range of tasks and services
provided by your company. Clearly describe the work methodology and
specifically identify items, which are not included. Respondents are encouraged to
recommend supplementary alternatives or tasks that may reduce the costs to the
City and/or enhance the overall quality of the work product. Identify any items
assumed to be provided by the City.
Required Attachment - Summarize on a separate sheet the specific tasks to be
performed by the technician each month per the provisions of routine
maintenance, notingother maintenance performed at other intervals (i.e., six
months). This will be,used as an exhibit in the contract.
B. Personnel and Qualifications
This section shall identify individuals who will be assigned to the City of Azusa, their
job titles, and the percentage of their work hours dedicated to the City. Also
include a brief statement of their job description, qualifications (including IMSA
certifications), and previous job-related experience with traffic signal maintenance
or other required specialties such as interconnect/fiber optics. Identify the primary
contact with the City during the contract period and the level of their authority.
Required Attachment - A summary list of personnel including job titles and
percentage of work hours assigned to the City. An example format is provided in
the Proposal section of this Request for Proposal. This will be used as an
attachment to the contract so any changes in personnel or job assignments shall
be submitted in writing to the City per the terms of the contract.
C. References
List a minimum of five (5) recent (within the past three years) city clients for whom
similar or comparable services have been performed. Include the name of agency,
mailing address, contact name, and telephone number. An example format is
provided in the Proposal section of this Request for Proposal. References will be
contacted with a request to rate the quality of the firm's service on a scale of 1
(unacceptable) to 10 (outstanding).
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D. Questionnaire
A completed questionnaire provided in the Proposal section of this Request for
Proposal shall tie submitted per the City's form with attachments as required.
E. Fees Proposed
The forms provided in the Proposal section of this Request for Proposal shall be
used. The City may select the service fee proposal for the contractor that best
meets the evaluation criteria and reserves the right to review and negotiate the
final fee or range of services. In the event a mutual agreement on the fees or range
of services cannot be reached, the next most qualified firm may be selected
subject to the same terms.
F. Other Required Forms
Proposal Affidavit - Contractor shall complete this form (provided in the Proposal
section of this Request for Proposal) indicating the name of contractor, address
and whether contractor is an individual, partnership or corporation (provided in the
Proposal section of this Request for Proposal). It shall be signed by the individual,
a partner, or an'officer of the corporation empowered to execute contracts for the
corporation.
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Annual Intersection Service Report/Monthly Record of Activities/Controller
Cabinet Log —!The Proposer shall submit a sample of the Annual Intersection
Service Report! Citywide summary or monthly record of activities and the cabinet
log forms to bejplaced in each controller cabinet in conformance with the
requirements of these specifications. This shall be subject to the review and
approval of theCity Engineer. Any required revisions to the format as directed by
the City shall be the responsibility of the selected contractor.
3. AWARD OF CONTRACT
The award of the contr1act will be made to the best qualified Proposer in the judgment of
the City based upon application of criteria as set forth in this RFP.
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4. EXAMINATION OF SPECIFICATIONS AND AFFECTED EQUIPMENT
The proposer is required to examine carefully the conditions of the City's signalized
intersections and the cope of work contemplated, and it will be assumed that the
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proposer has investigated and is satisfied as to the conditions to be encountered as to
the character, quantities of work to be performed and materials to be furnished, and as to
the requirements of the specifications and the contract. It is mutually agreed that
submission of a proposal shall be considered prima facie evidence that the proposer has
made such examination.
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5. INSURANCE REQUIREMENTS
The Proposer shall satisfy general liability insurance requirements as set forth in
the sample Agreement for Services attached to this RFP.
6. SELECTION CRITERIA
The successful Proposer shall be chosen based upon the application of the
following set of criteria:
A. Ability of the firm to perform the specific tasks outlined in the Request for
Proposal based on the descriptions as submitted in scope of work and
responses to the questionnaire.
B. Qualifications of the specific individuals, who will be significantly involved in
the project and their familiarity with traffic signal maintenance/operation,
and City procedures.
C. Amount and quality of time that key personnel will be involved in their
respective portions of the project as established by the information
provided.
D. Demonstrated record of success by the firm on work previously performed
for this City and/or other municipalities.
E. Degree of responsiveness with regard to the contractor addressing the
items listed in the Request for Proposal.
F. Costs as outlined in the Proposal Sheets for Routine Maintenance and
Extraordinary Maintenance.
The City may at its discretion schedule interviews with the representatives of each firm to
review the contents of their proposal and meet proposed supervisory staff.
Firms proposing may be required to present satisfactory evidence that they have been
regularly engaged in the business of traffic signal maintenance, or are reasonably familiar
with this work and are fully prepared with necessary capital, material, and machinery to
complete the work, and/or contracted services capable of completing the work to the
satisfaction of the City.
This Request for Proposals is not subject to the formal bid process applicable to public
works construction projects.
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CITY OF AZUSA
SPECIAL PROVISIONS
MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE,
FLASHING BEACONS, SAFETY LIGHTS, AND IN-PAVEMENT
LIGHTED CROSSWALKS
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1. GENERAL
The contractor shall furnish all tools, equipment, apparatus, facilities, labor,
services and material, and perform all work necessary to maintain in a good and
workmanlike manner traffic signal facilities in accordance with the proposal and
the defined scope of work.
The contractor shall have available and readily accessible all required tools,
equipment, apparatus, facilities, skilled labor services and materials to perform all
work necessary;to maintain the traffic signal facilities in good workmanlike manner.
The contractor shall be equipped with spare parts sufficient to return a defective
signal to operation following ordinary trouble calls. The contractor shall have on-
hand at least one (1) spare system-compatible controller, and monitor for every
twenty-five (25)1 intersections within the City area.
The contractor shall provide at least one (1) full-time technician for each fifty (50)
maintained signals or flashers. As a minimum, these technicians shall have
certification of Level II or higher Traffic Signal Technician from the International
Municipal Signal Association (IMSA). Skilled laborers can make hardware repairs
under the direct supervision of the technician. The City reserves the right at all
times to concur:with the contractor's assignment of personnel to the City. If
appropriate, the contractor shall replace any personnel assigned to the City whose
performance is considered unacceptable by the City or the standards established
per the proposal.
2. SPECIFICATIONS
All signal work shall be performed in accordance with the current Standard Plans
and Section 86lof the Standard Specifications for the State of California,
Department of Transportation and the current City Standard Plans. All work
performed or equipment or parts supplied by contractor shall be subject to the
inspection and approval of the City, the City Engineer, or his authorized
representative. Failure to pass inspection on any maintenance, repair and service
item will result in non-payment for that item until such time as the contractor can
present the item to the City in acceptable form. All identified City intersections per
this agreementshall be regularly patrolled by contractor or his representative.
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The contractor shall have available adequately skilled personnel and proper lab
testing facilities to perform inspection of new controller mechanisms including
controller units, auxiliary equipment, and traffic control appurtenances. All testing
and test facilities shall conform to State of California, Department of Transportation
(Caltrans) current specifications for controllers.
3. ADDITIONS TO SYSTEM
Contractor shall maintain, at the same unit price, additional traffic signals and
appurtenant devices as they are installed or become a part of the maintenance
requirements of the City. In the event that notification is made of a new
installation at other than the beginning of a monthly period, the unit cost of
routine maintenance will be prorated from the day the contractor is notified.
4. MAINTENANCE RECORDS
Contractor shall maintain a record.of all service calls and work performed upon
the signal equipment listing dates, hours of day, and description of work, or work
performed. A copy of such record shall be maintained at all times within the
controller cabinet at each signal location. A summary log sheet giving a brief
description of all routine and extraordinary maintenance activities shall be
attached to each associated monthly invoice. Invoices will not be paid until the
summary has been received.
Contractor shall also be responsible to maintain copies of City records for
performing the required underground marking of facilities including, but not
limited to, traffic signal plans. The contractor shall also note any corrections to
these records or location of traffic signal facilities that have been identified by
contractor for future use. Copies of these updates to the records shall be
transmitted to the City with the monthly invoices.
5. NOTIFICATION
Contractor shall notify the City Engineer or his authorized representative by
telephone within twenty-four (24) hours of the next business day regarding
alterations of the operation of any signal or the installation/removal of any
substitute controller or component.
6. SHUT DOWNS
Contractor shall notify the Azusa Police Department and the City Engineer or his
authorized representative of any signal turn-offs or turn-ons necessitated by his
operations and shall not make said turn-offs or turn-ons until a police officer is
present or unless given permission to proceed without police control by the City
Engineer or his authorized representative.
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7. TYPES OF SIGNALS
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The proposed prices for both the routine and extraordinary maintenance shall
apply to all types of signal controllers, accessories and systems as may exist in
the City now or i hat may be installed during the life of the contract.
8. COMPENSATION FOR MAINTENANCE
City will compensate contractor for routine maintenance at the contract lump sum
price per signalized intersection, flashing beacon, or highway safety light per
month. Said compensation shall include all labor, materials, equipment, overhead
and profits for routine service shall be included in the price proposal, per
intersection, per month, and no extra compensation will be allowed.
Extraordinary maintenance shall be billed at the established rates per the
approved contract and shall include all labor, materials, equipment and profit. All
items not covered shall require a negotiated price and approval by the City
Engineer or his authorized representative. All extraordinary maintenance requires
an authorization prior to beginning the work. City reserves the right to separately
bid extraordinary maintenance work in the event a negotiated price cannot be
reached which is acceptable to both parties or is deemed by the City to exceed the
terms of the current contract.
9. ROUTINE MAINTENANCE
The contractor .shall provide a continuing, comprehensive, routine maintenance
program designed to eliminate or reduce the incidents of malfunctions,
operational complaints and extend the useful life of the equipment. The price
proposed for routine maintenance for traffic signals and flashing beacons shall
include, but not be limited to, preparation of the "Annual Service Report", the
monthly inspection and cleaning of cabinets with the repair/replacement of parts
in controller cabinet, detector loop patching, cleaning and realignment of signal
indications, continuity checks, vehicle LED and pedestrian indication
replacements (Labor), rewiring and lamping to maintain existing operation.
Contractor shall maintain a local telephone number where the supervisors and
assigned maintenance personnel can be reached twenty-four (24) hours per day
with personnel authorized to dispatch emergency maintenance requests. This
telephone number shall be made available to all persons designated by the City.
A. Annual 'Service Report
The Contractor shall provide to the City a separate "Annual Intersection
Service Report" for each intersection listing routine and extraordinary
maintenance and work performed for the previous twelve months. The
report shall cover the time period from January 1St to December 30th. The
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report should be provided to the City within 45 days after the end of the report
period.
B. Monthly Inspection
Contractor shall inspect, clean, adjust, and make a routine inspection of each
controller unit once per month per the approved proposal. Contractor agrees that he
will maintain a record in each controller showing the date and time checked.
Controllers shall not be replaced, except for repair, without prior approval of the
City.
The routine maintenance proposal price for safety lights shall include at least one
night-time inspection each month with replacement lamps as required in
addition to the timely replacement of burned-out lamps as reported or
observed.
C. Repair and Replacement'
Contractor shall replace or repair any and all parts of the signal system, which
cause signal failure or malfunction, as the occasion arises per the routine
maintenance, such as the signal controller, flashers, burned-out lamps, detector
loops, video detection cameras and/or units, push buttons, sensing units and wiring
system, communication internal modems and/or interface units, unless the failure
or malfunction falls in the category of extraordinary maintenance as defined in this
Request for Proposal.
The contractor shall complete all work within a timely manner notifying the City
within twenty-four (24) hours of the next working day when any equipment is
replaced with temporary replacements pending permanent repairs.
D. In-Pavement Lighted Crosswalks
Contractor shall inspect and test each lighted crosswalk location on a weekly
basis and report any malfunctions or deficiencies observed to the City in a timely
manner. Maintenance shall include cleaning of lenses and housings on a quarterly
basis. Equipment shall be repaired and/or replaced according to the provisions of
payment for extraordinary maintenance.
D. Loop Detector Replacement
Once it is determined by the City that the saw cut has deteriorated to a point that
applying more sealant is insufficient, the loop detector shall be replaced at the
proposed price stated in the proposal per extraordinary maintenance.
E. Lamps and Lighting
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Contractor shall-furnish and replace all standard signal lamps, program visibility
lamps and safety lighting lamps at all traffic signals and flashers based upon an
80% depletion curve, but in any event all lamps, except incandescent yellow, shall
be group re-lamped at least once every twelve (12) months with the exception of
safety lights which shall be once every twenty-four (24) months. Incandescent
yellow lamps shall be replaced on an "as-needed" basis. A schedule for re-lamping
shall be submitted to the City Engineer for approval within the first month of each
contract year with a final report showing the date re-lamping started and the date of
completion prior to the end of the contract year. At the time of re-lamping, Contractor
shall also clean all LED modules with a method which prevents or minimizes lens
scratching, test for luminance and report any that fall outside acceptable levels
according to the specifications.
All incandescent lamps for traffic signal units shall be Sylvania Super Saver or
Duro Test Watt Saver or an equivalent approved by the City Engineer.
Programmed visibility lamps shall be per the manufacturer's recommendation.
Safety lighting shall be replaced with the equivalent per the existing lamp.
Contractor shall clean and polish all lenses and reflectors, align signal heads and
adjust all mast-arm-mounted street name signs for all traffic signals within the City
at the time of re-lamping.
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The monthly routine maintenance proposal price shall include lamp replacement of
burned-out lights as needed in addition to the contractor's annual replacement of
all lamps. LED modules and pedestrian indication replacement modules
(equipment only) are billed under extraordinary maintenance.
F. Air Filters
Contractor shalli replace the air filter elements in all cabinets so equipped every six
(6) months in accordance with the schedule contained in this Request for
Proposal.
G. Conflict Monitors
Contractor shall test conflict monitors using the PCMT-2500 conflict monitor tester
on an annual basis. Contractor shall supply a report for each test conducted. The
test shall be conducted utilizing a replacement monitor (like kind) to monitor the
intersection while the test is being conducted. The testing shall take place on a
schedule approved by the City Engineer. Testing of conflict monitors shall be
included in the lump sum proposed for routine maintenance. Any conflict monitor
that does not pass the test shall be repaired or replaced.
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H. Battery Back-up Systems
Battery Back-up Systems, if any exists, including back-up unit and
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batteries shall be tested monthly in accordance with the manufacturers
recommended maintenance as a part of routine maintenance. Battery
Back-up Systems or batteries shall be replaced at the proposed price stated
in the proposal per extraordinary maintenance.
I. Emergency Service
Contractor shall maintain a 24-hour-per-day emergency service per the
provision of routine maintenance for the replacement of burned-out lamps,
turned heads, and controller malfunctions. The contractor shall make the
required repairs to restore or maintain the traffic signal in good working
condition. Temporary repairs may be required in the event of an accident or
failure that may be covered under extraordinary maintenance. The
intersections where said traffic signals are located shall be regularly
patrolled by contractor or his representatives.
Contractor shall make immediate service calls on an emergency basis,
responding within two (2) hours in the event of malfunctions of the controller
or signal system or turned head. The replacement of burned-out lamps need
not be on emergency basis provided that there are at least two (2)
indications still operative for each direction of travel. Such replacement shall
be handled as soon as possible in a routine manner.
J. Payment for Routine Maintenance
Contractor shall submit separate monthly billings for routine maintenance at
the contract lump sum price per signalized intersection, flashing beacon or
highway safety light location per month. Said compensation shall include all
labor, materials, equipment, overhead and profits for routine services in the
price proposed per intersection, per month, and no extra compensation will
be allowed.
10. EXTRAORDINARY MAINTENANCE
Extraordinary maintenance shall be defined as:
Repair/services of damages resulting from collisions, which have caused
dislocation of poles or equipment, vandalism, natural or civil disasters, or
resurfacing of streets or excavation.
Additional extraordinary maintenance will include modifications to traffic
signal equipment such as, but not limited to, upgrades of controller
cabinets, replacement of batteries for battery back-up systems, LED
modules, pedestrian indications, painting of cabinets and signal heads,
new lenses and framework.
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Response to all Underground Service Alert (USA) requests/notices
relating to street lights and traffic signals.
- The contractor may be required to assist in the final inspection of new
installation or provide interim emergency response or repairs of signals
not currei ntly owned by the City as authorized by the City.
A. Notifications
The contactor shall report to the City Engineer or his authorized
representative said conditions and provide satisfactory evidence that
replacement is necessary per terms of Extraordinary Maintenance with
cost estimates, including labor, to perform said work. No work shall
proceed without the City Engineer's or his authorized representative's
written authorization except in emergencies where injury or property
damage may result without prompt response.
B. Emergencies
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The contractor shall respond immediately to emergency calls, such as a
total blackout, when directed by the City and dispatch the qualified
personnel and equipment to reach the site within one (1) hour under
normal circumstances. For the emergency repair of a signal, which is
totally blacked out, the following procedure of traffic control shall apply:
1) THe contractor shall dispatch qualified personnel and equipment to
reach the site within one (1) hour under normal circumstances. The
contractors vehicle shall carry traffic cones, stop signs, etc., which
shall be used when directing traffic during an emergency and/or when
deemed necessary by the signal technician, the City Engineer or his
representative.
2) If no police officer is present and temporary stop signs have been set
up when the contractor arrives at the site, the contractor shall set up
more traffic warning and control devices, if deemed necessary, and
proceed to repair the signal. After the signal is back in operation, the
contractor shall remove all of the temporary traffic control devices and
return those devices owned by the City to the City Yard.
3) If a police officer is still at the site when the contractor arrives, the
cd.ntractor shall quickly examine the signal, evaluate the situation,
and discuss it with the police officer. If the repair will take only a few
minutes, the police officer may stay to continue to direct traffic while
the contractor repairs the signal. If the repair will take longer than
the officer can wait, the contractor shall immediately set up
temporary stop signs and all other necessary warning devices and
relieve the police officer.
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C. Underground Services Alert
The contractor shall be the designated City representative in response to all
Underground Services Alert (USA) requests/notices or at the request of City
staff for the marking and protection of street lights, traffic signal
underground facilities such as traffic signal and electrical conduits, loops,
and other appurtenant equipment which might conflict with other right-of-
way construction or repairs.
The contractor shall be responsible for equipping their technicians with the
proper locating devices and for maintaining an up-to-date or current
inventory of as-builts (City to provide a set of their current records) for these
facilities including field verification using these locating devices. All updates
shall be transmitted to the City in a format adequate for their records.
In the event underground equipment is damaged by construction due to the
contractor's failure to properly mark the underground facilities per the records
or reasonable effort using the appropriate equipment as determined by the
City Engineer, the costs for repairs shall be the sole responsibility of the
contractor for facilities, which were not properly marked. It shall also be their
responsibility to contact requesting party in the event the scope of work is
vague or incomplete.
D. Painting
Contractor shall repaint all metal standards, signal heads, back plates,
visors, and controller housings as directed by the City. Repainting shall be
conducted by spray painting methods with colors consistent with traffic
signal standards and as approved by the City. Contractor shall annually
prepare as part of the routine maintenance, a list of locations where
painting may be necessary and submit to the City for work authorization for
painting per extraordinary maintenance.
E. Method of Payment
Upon the receipt of an itemized invoice within thirty (30) days of completion
of the work, City shall compensate contractor for such repairs required
beyond the scope of routine maintenance as follows:
1) Materials
The City shall pay to the contractor for materials used in
extraordinary maintenance the contractor's cost from the supplier
plus the percentage mark-up specified in the contractors proposal
but in no case greater than 15%. All materials and parts shall be
new or have the approval of the City Engineer if otherwise. The City
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has the right to inspect the contractor's records to verify any
material costs used in extraordinary maintenance.
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2) Direct Labor
Contractor shall present with his monthly invoice a record of hours
spent in extraordinary maintenance of traffic signals and
appurtenances per intersection. City shall pay the contractor for such
hours of extraordinary maintenance at the rates specified on Exhibit
B of the Contract. Said hourly rates shall be the total cost to City.
Rates shall include all compensation for wages, profit, overhead, any
fringe benefits such as employer payments to, or on behalf of,
workmen for health and welfare, insurance workmen's compensation,
pension, vacation, sick leave, or any local, state, federal, or union tax
or;assessment.
3) Equipment
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City shall pay contractor for equipment used in extraordinary
maintenance on a per-hour basis as specified in Exhibit B of the
Contract and per the appropriate required equipment to complete
the work.
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Tt e contractor's listing of per-hour equipment rates shall constitute
total rates to be paid by City when specified equipment is used. No
additional payments of any kind shall be paid for equipment except
a5 i specified on Exhibit B of the Contract for per-hour rates.
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No additional compensation shall be paid for transporting the
equipment to or from the job site.
11. LABOR STRIKE
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It shall be the responsibility of the contractor to provide continuous maintenance
services, without any interruption, of all traffic signals in the City. In case of any
labor strikes, the contractor shall provide other means, at his own cost, to provide
comparable continuous service as if there were no strike. Failure to do so will
cause the City to take whatever actions are deemed necessary to provide such
service and the costs will be borne by the contractor.
13. PERMITS AND LICENSES
The contractor shall procure all permits and licenses, pay all charges and fees, and
give all notices necessary and incidental to the due and lawful prosecution of the
contract. No fee's will be charged for City-related projects.
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14. PATENTS
The contractor shall assume all responsibilities arising from the use of patented
materials, equipment, devices, or processes used on or incorporated in the work.
15. PUBLIC CONVENIENCE AND SAFETY
The contractor shall so conduct his operation as to cause the least possible
obstruction and inconvenience to public traffic.
The contractor shall furnish, erect and maintain such fences, barriers, lights,
warning devices and signs in compliance with the current "Manual of Traffic
Controls for Construction and Maintenance Work Zones" published by the State of
California, Department of Transportation and the Manual on Uniform Traffic
Control Devices (MUTCD) California Supplement, or as may be deemed
necessary by the City Engineer to give adequate warning to the public at all times
that the road or street is obstructed and of any abnormal conditions to be
encountered as a result thereof.
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Proposers Name
CITY OF AZUSA
j PROPOSAL
MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE,
:FLASHING BEACONS, SAFETY LIGHTS AND
IN-PAVEMENT LIGHTED CROSSWALKS
TO CITY OF AZUSA, as;AGENCY:
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In accordance with the City's "Notice of Request for Proposals," the undersigned Proposer hereby
proposes to furnish all materials, equipment, tools, labor and incidentals required for the above-
stated maintenance work. as set forth in the Plans, Specifications and Contract Documents therefor,
and to perform all work in the manner and time prescribed therein.
Proposer declares that this proposal is based upon careful examination of the work site, Plans,
Specifications, Instructions and Contract Documents. If this proposal is accepted for award,
Proposer agrees to enter into the sample contract with City, and the unit and/or fee schedule set
forth in the following Proposal Sheet.
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Proposer understands that no proposal will be accepted from a Contractor who has not been
licensed in accordance' with the provisions of Chapter 9, Division III, of the Business and
Professions Code of the State of California at the time the proposal is submitted, and that all
information pertaining to the license must be included on the proposer's information form as
indicated.
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Proposer agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor
Code which requires every employer to be insured against liability for Workmen's Compensation or
to undertake self-insurance in accordance with the provisions of that code, and that the it will
comply with such provisions of that code before commencing the performance of this Contract if
awarded to it.
Proposer certifies that in all previous contracts or subcontracts all reports which may have been due
under the requirements of any Agency, State or Federal equal employment opportunity orders have
been satisfactorily filed, and that no such reports are currently outstanding.
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Proposer declares under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Proposers Name Business Address
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Telephone 4
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State Contractors License No. and Class
Original Date Issued I Expiration Date
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SP-18
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PROJECT REFERENCES
In order to fully evaluate your background and experience for the project herein proposed, it is
requested that you submit a list of similar projects completed or in progress within the last 24
months.
Number of years as a contractor in work of this type
Three projects of this type recently completed:
� Contact CurrErft 1-z�Coiit
�UT�IbeI� �{y071trdCt.
a �+AgericylAddressP PetsonlPhone Contract a
3' � Nu?nber {Yes/Nod `of Signals �Amouot
.- X � '`� SOA
Mi
MN
Proposers Initials
SP-19
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PROPOSAL
IN WITNESS WHEREOF, Proposer executes and submits this proposal with the names, titles,
hands, and seals of all forenamed principals this_ day of 2008.
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Subscribed and sworn to this day of 2007.
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SP-20
NON-COLLUSION AFFIDAVIT
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES)
being first duly sworn, deposes and says
that he is (sole owner, a partner, president, etc.) of
the party making the
foregoing proposal: that such proposal is not made in the interest of or behalf of any undisclosed
person, partnership, company, association, organization or corporation; that such proposal is
genuine and not collusive or sham; that said proposer has not directly or indirectly induced or
solicited any other proposer to put in a sham proposal, or that anyone shall refrain from proposing;
that said Proposer has not in any manner directly or indirectly sought by agreements,
communication or conference with anyone to fix the proposal price of said proposer or of any other
proposer, or to fix the overhead, profit or cost element of such proposal price or that of any other
proposer, or to secure any advantage against the public body awarding the contract or anyone
interested in the proposed contract; that all statements contained in such proposal are true and,
further, that said proposer has not directly or indirectly submitted his proposal price, or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid
and will not pay any fee in connection herewith, to any organization, proposal depository or to any
member or persons as have a partnership or other financial interest with said proposer in his
general business.
Signed
Title
SP-21
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CITY OF AZUSA
STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS
I TO BE SUBMITTED WITH PRPOSAL
I have reviewed the attached City of Azusa Insurance Requirements with my insurer and am able to
provide verification of coverage after award of the contract.
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BY:
Authorized Signature Name of Insurance Company/Broker
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Print Name of Authorized Signer Insurance Company/Broker Address
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Title of Authorized Signer
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Name of Company Insurance Company/broker I a ep one
Business Address
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SP-22
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CITY OF AZUSA
PROPOSALSHEET
ROUTINE MAINTENANCE
MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE,
FLASHING BEACONS, SAFETY LIGHTS AND
IN-PAVEMENT LIGHTED CROSSWALKS
egr.p
m�:�� - �_ �` � �.f°� r7",
Item Descriptwn �' Y
Fw
2 N = 3 Quantt�r Pnce n �Pace
Routine inspection, preventive maintenance, 34 $ $
1 and repairs of traffic signals. Traffic
Per intersection, per month: Signals Each Monthly
Routine inspection, preventive maintenance, Beacons $ $
2 and repairs of flashing beacons
Per location, per month: locations Each Monthly
Routine inspection, preventive maintenance, 144 $ $
3 and repairs of safety lights Lights
Per light, per month: Each Monthly
Routine inspection, preventive maintenance, $ $
4 testing, and repairs of in-pavement lighted 1
crosswalk installations Location
Per location, per month Each Monthly
Mmsm
rTOTAL PROPOSAL AML3UNT FOR MONTHLY ROUTINE 111fA1NTENANCE rMONTHLY
.� s•- k "� ;� =` £ �t�""' � '"��:�"�--s..,,.. �.'� r v % =moi Y "'"%' �«,. �5s
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TOTAL PROPOSALAMOUNT FOR MONTHLY ROUTINE MAINTENANCE WRITTEN IN
Payment will not be made for materials wasted or disposed of in a manner not called
for under the Contract; this includes rejected material not unloaded from vehicles,
material rejected after it has been placed and material placed outside marked limits
of work. No compensation will be allowed for disposing of rejected or excess
material.
Contractor shall note that the Award, if any, of this contract will be to the most responsible
proposer per the selection criteria. The City reserves the right to reject all proposals.
In case of discrepancy between unit and total price, the unit price shall prevail.
SP-23
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CITY OF AZUSA
PROPOSALSHEET
EXTRAORDINARY MAINTENANCE
MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE,
FLASHING BEACONS, SAFETY LIGHTS AND
IN-PAVEMENT LIGHTED CROSSWALKS
The description of extraordinary maintenance is provided per the provision of the scope of work.
1WR 4" R
kabor22,
F2egular O ime
Time
Signal Maintenance Superintendent $ $
Signal Maintenance Technicians $ $
Field Traffic Signalman $ $
Laborer $ $
Painter $ $
Engineer Technician $ $
Interconnect Specialist $ $
Fiber Optic Specialist $ $
r -- -RatO POr:
Flex Lift (Hydraulic Boon)) $
Pickup Truck j $
Service Truck $
Service Ladder Truck $
Boom Ladder Truck (Man Lift) $
Concrete Saw and Water Truck $
Compressor with Tools $
MR
3 C ntrolle Catimet and`Appurtenances , Un t
ht'C Total Cost:
IMff
Qaantity :.�
Major upgrade of existing controller cabinet (excluding
controller) such as painting, wiring, auxiliary equipment 2/year $ $
upgrades including rack mounted detection..
Type III service 5/year $ $
Replacement of shelf-mounted detectors with rack-
mounted (estimate basei on the replacement of 12 5/year $ $
detectors
Operation and certification testing of new cabinet and
controllers and appurtenances (work shall be in 2/year $ $
accordance with State ofiCalifornia testing procedures)
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SP-24
4 UehtcIe HdAdS an €gmpmebt = ; Unit oa z Total,Cost
7t-
Replace
Replace 12" red ball LED display 10 $ $
Replace 8" red ball LED display 5 $ $
Replace 12" red arrow LED display 10 $ $
Replace 8" red arrow LED display 5 $ $
Replace 12" yellow ball LED display 20 $ $
Replace 8° yellow ball LED display 5 $ $
Replace 12" yellow arrow LED display 10 $ $
Replace 8" yellow arrow LED display 5 $ $
Replace 12" green ball LED display 10 $ $
Replace 8" green ball LED display 5 $ $
Replace 12" green arrow LED display 10 $ $
Replace 8" green arrow LED display 5 $ $
5�� Pedestrian Heads and Equtprnent - t Unit Cost'=' Total Cost,
Quantity R _
Replace pedestrian push button signing 5 $ $
Pedestrian module kits 5 $ $
Pamtt of Controller C btnetslSt nail_ Unita of
6 9 'Heads g �` QuatifiY �Un1 tCost= Totai Cost.2 MOM
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Clean, primer, and repaint controller cabinet exterior 5 $ $
surfaces with paint color asspecified by City
Clean, primer, and repaint signal head and mounting
surfaces per industry standard color as approved by 30 $ $
CityMay
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7 § Replacing kny
Detecton - Quantity it CosTo#al Cost
6' round three- or four-turn Type E loop detectors 20 $ $
including saw cut lead-in
Video detection camera 1 $ $
8 r Battery Back-up System Qua f ty Untf CostMyTotal Cost a
Back-up unit 2 $ $
Batteries 2 $ $
!!9�— � Traffic Signs " Witty UnttCo'st ;1Total C st
Quanti ;sz _
Installation and replacement of regulatory and warning 10 $ $
signs on poles/mast arms
SP-25
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10.
'*9$01Ment Lighted Crosswalks 7. Uuinift Unit Cost " Total Cost
_Repair In-pavement Lighted Crosswalk
In-pavement Lighted Crosswalk $ $
Furnish and install new In-pavement Lighted $ $
Crosswalk
The City shall pay to the contractor for materials used in extraordinary maintenance the contractor's
cost from the supplier plus not-to-exceed 20% mark-up. The contractor shall provide to the City
Engineer supplier's invoice price.
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All extraordinary maintenance service costs are estimates for purposes of budgeting and
establishing rates for specific work task during the year. The quantity of work is not guaranteed. It
may increase or decrease depending on the required work and subject to the authorization by the
City.
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SP-26
CITY OF AZUSA
TRAFFIC SIGNAL MAINTENANCE PERSONNEL ASSIGNMENTS
MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE,
FLASHING BEACONS, SAFETY LIGHTS AND
IN-PAVEMENT LIGHTED CROSSWALKS
Jobsitfe ° -HourS IMSA`
aim e' City Certification
; _ Maintenance Activit ..__ __Name 04,
VP Number. .
Contractor's Prime Contact
Underground Services Alert
Other
SP-27
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CITY OF AZUSA
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QUESTIONNAIRE
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MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE,
,FLASHING BEACONS, SAFETY LIGHTS AND
IN-PAVEMENT LIGHTED CROSSWALKS
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The following questions shall be answered by all proposers to help the City in making an evaluation
of the proposer's qualifications and proposed level of service. Most answers to the questions
require more space than provided here. Proposer shall attach supplementary answer pages as
needed.
1. Indicate the city/location of facilities where the firm performs maintenance operation,
testing/repair of controller components, and related support services. Estimate the travel
time from this site to the City of Azusa.
2. Location of facilities for certification testing of new controllers, cabinets and
appurtenances. If not in contractor's own shop, state location and the name of the
subcontractor. Proposer shall provide proof of testing performance per State of
California testing procedures.
3. Are all proposers! service vehicles equipped with mobile radios/phones for dispatch?
Radios: Yes No Phones: Yes No
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4. Specify the following information regarding maintenance staffing assigned to the City of
Azusa:
A. Number of staff assigned on a daily basis. If shared with another city, provide
additional'information regarding the percentage of time assigned to San Juan
Capistranio.
Routine Maintenance:
Tarhnirianc, ( %) Supervisors ( %)
Emergency or Stand-by:
Technicians: ( %) Supervisors ( %)
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SP-28
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6. Estimate the response time your personnel and equipment can reach an intersection in the
City of Azusa on emergency calls.
If emergency personnel will be shared with other jurisdictions, describe what procedures will
be followed to provide a timely response in the event the assigned personnel cannot leave
another emergency location outside of the City within the expected time periods for
emergency responses.
7. Provide information regarding the number of trained technicians/supervisors and
availability of equipment to perform service changes, connections, repairs or general
maintenance of the City's traffic signal system. Provide the name of any subcontractors who
might perform the work.
8. Provide the name(s) of the person(s)who inspected City facilities for purposes of preparing
this proposal and the date(s) of inspection.
Name(s):
Date (S):
Signature of Proposer:
Name of Firm:
It is understood and agreed that:
1. The undersigned has carefully examined all contract documents which will form a part of
the Contract; including, the Notice Inviting Proposals, the Instruction to Proposers, the
Proposal, the Information Required of Proposers, the Agreement, the Faithful Performance
Bond, the Labor and Material Bond, the Specifications including Conditions of the Contract
and Technical Provisions.
2. The undersigned has, investigated the site of the work and otherwise, and is satisfied as
to the nature and location of the work and is fully informed as to all conditions and matters
which can in any way affect the work or the cost thereof.
3. The undersigned fully understands the scope of work and has checked carefully all words
and figures inserted in this Proposal and further understands that the City of Azusa will be
in no way responsible for any errors or omissions in the preparation of the Proposal.
4. The undersigned agrees, acknowledges and is aware of the provisions of Section 3700 of
the Labor Code, which requires every employer to be insured against liability for worker's
compensation or to undertake self-insurance in accordance with the provisions before
commencing the performance of this Contract if it is awarded to the undersigned.
SP-29
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The undersigned will begin work after Notice of Award has been given as herein specified
and provided all requirements in regard to bonds and insurance have been satisfied and will
complete said work within the time specified. The undersigned will execute the Agreement
and furnish the required statutory bonds and Certificates of Insurance within the period of
time specified in the Instructions to Proposers.
5. The undersigned hereby certifies that this Proposal is genuine and not sham or collusive, or
made in the interest or in behalf of a person not herein named, and the undersigned has not
directly or indirectly induced or solicited any other proposer to put in a sham proposal or any
other person, firm, or corporation to refrain from proposing. The undersigned has not in any
manner sought by collusion to secure any advantage over any other proposer.
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6. The undersigned will accept an award and enter into a Contract for all work scheduled
herein on which the undersigned submitted a proposal. The awards for such work are to be
entirely at the discretion of the City of Azusa after evaluation of the proposals as submitted.
The undersigned.agrees that the City of Azusa shall recover or retain as liquidated damages
all amounts equal to the ten percent (10%) of the total amount of the award made, all in
accordance with ;the foregoing stipulations, in the event the undersigned fails to execute a
Contract and furnish the required bonds and insurance therefor within the time provided.
Respectfully submitted,
Contractor's Business Name By
Business Address Title
City, State, Zip
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Business Phone Number Date Proposer shall signify receipt of all
Addenda here, if any:
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Addendum No. Date Received Proposer's Signature
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EXHIBIT A
TASKS TO BE PERFORMED
Maintenance of traffic signals and appurtenance, flashing beacons, safety lights, and In-pavement
lighted crosswalks and equipment.
Tasks to be performed are to be in accordance with the City of Azusa Special Provisions for the
Maintenance of Traffic Signals and Appurtenance, Flashing Beacons, Safety Lights and In-
pavement Lighted Crosswalks attached hereto as Exhibit C (and only Exhibit C) and incorporated
herein by this reference as though set forth in full.
Specific tasks to be performed by contractor each month per the provisions of routine maintenance,
and other maintenance performed at other intervals (i.e., quarterly, annually) shall be as
summarized in Contractor's Proposal and attached as Exhibit A-1 and incorporated herein by this
reference as though set forth in full.
Tasks shall be performed by personnel listed in the Contractor's proposed summary list of
personnel attached hereto as Exhibit A-2 and incorporated herein by this reference as though set
forth in full.
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EXHIBIT B
PAYMENT SCHEDULE
Payments shall be made in accordance with the City of Azusa Special Provisions for the
Maintenance of Traffic Signals and Appurtenances, Flashing Beacons, Safety Lighting, and In-
pavement lighted crosswalks attached hereto and incorporated herein by this reference as though
set forth in full.
The Monthly Maintenance Rates, the Hourly Rates for Labor, and the Hourly Rates for Equipment
are to be in accordance, with the rates as set forth in City of Azusa Rate Schedule for Routine
Maintenance and City oAzusa Rate Schedule for Extraordinary Maintenance attached hereto as
Exhibit B-1 and incorporated herein by this reference as though set forth in full.
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IB-32
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EXHIBIT C
TRAFFIC SIGNAL LOCATIONS
CITY MAINTAINED TRAFFIC SIGNALS
1. Alosta Ave at Calera Ave (Azusa)
2. Alosta Ave at Citrus Ave (Edison)
3. Alosta Ave at Foothill Blvd (Azusa)
4. Arrow Hwy at Cerritos Ave (Azusa)
5. Azusa Ave at Third St (Azusa)
6. Azusa Ave at Eleventh St (Azusa)
7. Azusa Ave at Fifth St (Azusa)
8. Azusa Ave at Newburgh St (Azusa)
9. Cerritos Ave at Fifth St (Azusa)
10. Cerritos Ave at Baseline Rd (Azusa)
11. Citrus Ave at Foothill Blvd (Edison)
12. Citrus Ave 900' 5/0 Alosta Ave (solar powered in-pavement lighted crosswalk) (Azusa)
13. Citrus Ave at Baseline Rd (Azusa)
14. Foothill Blvd at Cerritos Ave (Azusa)
15. Foothill Blvd at Pasadena Ave (Azusa)
16. Foothill Blvd at Alameda Ave (Azusa)
17. Foothill Blvd at Orange Ave (Azusa)
18. Foothill Blvd at Vernon Ave (Azusa)
19. Foothill Blvd at Virginia/Georgia Aves (Azusa)
20..Foothill Blvd at Todd Ave (Azusa)
21. Foothill Blvd at Azusa Ave (Azusa)
22. Foothill Blvd at San Gabriel Ave (Azusa)
23. Gladstone St at Vincent Ave (Azusa)
24. Gladstone 5t at Cerritos Ave (Azusa)
25. Gladstone St at Citrus Ave (Azusa)
26. Mauna Loa Ave at Fairvale Ave (flashing yellow beacon) (Azusa)
27. Pasadena at Gladstone (Azusa)
28. Rockvale Ave at Baseline Rd (Azusa)
29. San Gabriel Ave at Third St (Azusa)
30. San Gabriel Ave at Fifth St (Azusa)
31. San Gabriel Ave at Ninth St (Azusa)
32. San Gabriel Ave at Eleventh St (Azusa)
33. San Gabriel Ave at Sierra Madre Ave (Azusa)
34. Sierra Madre Ave at Lori Ann Dr (Azusa)
35. Vernon Ave at Second St (Azusa)
36. Vernon Ave at First St (Azusa)
IB-33
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37. Vernon Ave at Eleventh St (flashing yellow beacon) (Azusa)
Total of 37 existing intersections
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Three planned new traffic signals:
Azusa at Ninth (Azusa)
Citrus at Mauna Loa (Edison)
Foothill at Stein (Azusa)
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EXHIBIT D
OTHER TRAFFIC SIGNAL LOCATIONS
MAINTAINED BY OTHERS (not part of this RFP)
SERVICED BY STATE OF CALIFORNIA DOT (CALTRANS)
Azusa Ave at Arrow Hwy (Edison)
Azusa Ave at Gladstone St (Azusa)
Azusa Ave at Paramount Ave (Azusa)
Azusa Ave at E/B 210 Frwy Off-Ramp (Azusa)
Azusa Ave at First St (Azusa)
First St at Alameda Ave-W/B 210 Frwy On/Off-Ramp (Azusa)
Citrus Ave at E/B 210 Frwy Off-Ramp (Azusa)
Total of 7 intersections Contact phone numbers (213) 897-0383 or (909) 629-3577
SERVICED BY LACO. DEPARTMENT OF PUBLIC WORKS
Irwindale Ave at First St (Edison)
Irwindale Ave at Gladstone St (Edison)
Arrow Hwy at Vincent Ave (Edison)
Gladstone St at Vernon Ave/Lark Ellen Ave (Edison)
Gladstone St at Donna Beth Ave (Edison)
Citrus Ave at Armstead 5t (Azusa)
Citrus Ave at Arrow Hwy (Azusa)
Cerritos Ave at Newburgh St (Azusa)
Total of 8 intersections
Contact phone number (800) 675-4357
IB-35
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j CONSENT ITEM
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTORAASSISTANT CITY MANAGER
VIA: F.M. DELACH, CITY MANAGER�.
DATE: April 7, 2008
SUBJECT: EXTEND AZUSA AVE. STORM DRAIN.
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RECOMMENDATION
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It is recommended that the City Council approve and authorize the City Manager to enable a
change order to the Block 36 Offsite Utilities contractor to extend the Azusa Ave. storm
drain.
BACKGROUND
On March 3, 2008 the City Council authorized staff to enter into an agreement with Wescon
Engineering to perform design services for a new storm drain on Azusa Ave. between Foothill
Blvd and 6`h Street. The design work has been completed and staff is now asking for
permission to have the storm drain installed.
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The west side of Azusa Ave., from 6th St. to Foothill floods during significant rainfall events,
including damaging the businesses fronting the street. The topography of the street is such
that the west side is lower than the East side and the surface flows from the areas below 9`h
St. surface flow to Foothill, then flow under the street to a burper on the west side of the
street, causing flooding in that area. The Department of Public Works has been requesting
an extension of the underground storm drainage to the catch basing on Azusa Ave. north of
6`h St.
SUMMARY
The storm drain can be extended by the Block 36 Offsite Utilities Contractor as a change
order to the contract. ;The use of the on site contractor will reduce the cost of the
improvements and provide this much needed storm drain and flood relief. The
administration, inspection, insurance, and bonds are in place as a part of the ongoing
contract and will not significantly impact the cost of this improvement. The contractor will
be required to have the work complete by April 29, 2008, with the area in front of II Forno
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clear by April 25, 2008. Liquidated damages will be included in the change order agreement
to assure the required clear area at the businesses and the timing.
The engineer's estimate to construct the storm drain extension is $175,000.00. This
estimate will include all required work such as trenching, pipe, traffic control and re-paving.
FISCAL IMPACT
The project will cost $175,000 and will come from sewer funds.
V
IOINT CITY/AGENCY AGENDA ITEM
TO: HONORABLt MAYOR/CHAIRPERSON AND COUNCILMEMBERS/MEMBERS OF THE
AGENCY BOARD
FROM: BRUCE COLEMAN, ECONOMIC/COMMUNITY DEVELOPMENT DIRECTOR
VIA: F. M. DELACH, CITY MANAGER/EXECUTIVE DIRECTOR/AW
DATE: APRIL 7, 2008
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SUBJECT: RESOLUTIONS BY THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE
CITY OF AZUSA TO CONSIDER CALLING A JOINT PUBLIC HEARING ON THE
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL
BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT
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RECOMMENDATION
It is recommended that the:Agency Board ("Agency") and the City Council ("City Council") of the City of
Azusa adopt the Resolutions consenting to and calling a Joint Public Hearing on the Amendment to the
Redevelopment Plan ("Plan Amendment") for the Merged Central Business District and West End
Redevelopment Project Area ("Project Area").
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EXECUTIVE SUMMARY
This action would only set the date of June 2, 2008, for the joint City Council/Agency Board public hearing
on the Plan Amendment. The Plan Amendment would add 15.1 acres of territory in the Downtown Azusa
and south of the 1-210 freeway at Azusa Avenue into the Project Area, and would increase the tax
increment cap. The tax inclement cap must be increased in order to continue revitalization activities.
BACKGROUND
The Plan Amendment process was initiated by the City Council with the adoption of Resolution No. 08-
C3 on January 7, 2008, which established a survey area. The survey area identified potential areas to be
added to the Project Area if physical and economic blighting conditions were present on these properties.
On January 30, 2008, the Planning Commission adopted the Preliminary Plan, which established the
.proposed areas to be added to the Project Area ("Added Area"). On February 19, 2008, the Agency
approved the Preliminary Plan and authorized transmittal of the document to the affected taxing entities.
A draft amended and restated Redevelopment Plan and a Preliminary Report for the Amendment to the
Project Area was approved for circulation on March 3, 2008, to incorporate the Added Area properties,
to re-instate eminent domain on two (2) commercial properties in the West End Project, and to increase
the tax increment limit for, the Project Area from $114.9 million to $300 million. If the cap is not
increased, the Agency will;reach its tax increment limit by 2020-21, and will no longer be able to
undertake revitalization activities or issue bonds. Now the Plan Amendment process is in its final stages.
Prior to Agency consideration of the Plan Amendment and adoption of the ordinance, a public hearing
must be held to hear all testimony for and against the proposed Plan Amendment. The California
The Honorable Mayor/Chairman and Councilmembers/Members of the Agency Board -
Subject: Resolutions Calling a joint Public Hearing on the Plan Amendment for the Merged Project Area
April 7, 2008
Page 2 of 2
Community Redevelopment Law, Health Safety Code et seq. ("CRL") provides that when a city council
serves as the governing board of the redevelopment agency, both bodies may hold a joint public hearing
to receive testimony on a redevelopment plan. Further, the CRL stipulates that the notice of the joint
public hearing shall: 1) be published in a newspaper of general circulation not less than once a week for
four (4) consecutive weeks prior to the hearing; 2) be mailed to all affected taxjng agencies via certified
mail, return receipt requested; and 3) be mailed to all affected property owners, businesses, and
residents at least 30 days prior to the hearing via first-class mail.
The attached resolution establishes 7:30 p.m. or as soon thereafter as possible on June 2, 2008, in the
Council Chambers as the time and place for the joint public hearing on the Plan Amendment. By
adopting the attached resolutions, the City Council and the Agency will be only setting the time and date
of the joint public hearing, not taking any formal action on the Plan Amendment.
Prior to the hearing a public information meeting will be conducted to provide a forum for residents and
other interested parties to learn more about the Plan Amendment and provide input to the process.
The Plan Amendment process also includes an environmental review process. A draft Environmental
Impact Report ("EIR") has been prepared and will be circulated for review to affected taxing entities. It
will also be available for public review at the City Clerk's Office, the Library, Redevelopment Agency, and
online (see address below). The City Council and Agency will consider certification of the EIR at the June
2nd meeting.
FISCAL IMPACT
This recommended action has no fiscal impact. However, by proceeding with the Plan Amendment to re-
instate eminent domain on two (2) commercial properties, increase the tax increment cap and add
territory to the Merged Project Area, the Agency will be able to continue collecting tax increment revenues
it would not otherwise receive to help mitigate blighting conditions in the Merged Project Area and Added
Area.
EXHIBITS:
Resolutions Consenting to and Calling a Joint Public Hearing on the Amendment to the Redevelopment
Plan for the Merged Central Business District and West End Redevelopment Project Area ("Plan
Amendment").
EIR Online Access Address: http://www.ci.azusa.ca.us/Econ development
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RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CONSENTING TO AND
CALLING FOR A JOINT PUBLIC HEARING REGARDING THE AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST
END REDEVELOPMENT;PROJECT AREA
WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") has
undertaken the required steps for consideration of the adoption of the amendment to the
draft Redevelopment Plan ("Plan Amendment") for the Merged Central Business District
and West End Redevelopment Project ("Project Area"), which is the proposed 14th
Amendment to Central Business District and 9th Amendment to the West End
Redevelopment Projects.
WHEREAS, the Plan Amendment proposes to add 15.1 acres of territory, re-instate
eminent domain on two (2) commercial parcels in the West End District of the Merged
Project, and increase the tax incerement limit for the Merged Project Area from $114.9
million to $300 million in order to fund future redevelopment activities.
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WHEREAS, the Plan Amendment process includes an environmental impact report
that documents any potential impacts and associated mitigation measures for the
proposed Plan Amendment.
WHEREAS, the Plan Amendment for the Project Area has been prepared in
accordance with the provisions of California Community Redevelopment Law, Health and
Safety Code Sections 33000, et seq. ("Law").
WHEREAS, Section 33355 of the Law authorizes a joint public hearing on the
proposed Plan Amendment for the Project Area.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
DOES FIND AND DECLARE THAT:
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Section 1 . A joint public hearing of the Agency and the City Council is hereby
consented to and called to be held in the City Council Chambers, to consider and act upon
the Plan Amendment and all documents and evidence pertaining thereto. The time and
date of such joint public hearing shall be June 2, 2008, at 7:30 p.m. or as soon thereafter
as the matter may be heard.
Section 2. The'City Council of the City of Azusa hereby requests that the Agency
call a joint public hearing of the Agency and the City Council to consider and act upon the
proposed Amendment for the Merged Central Business District and West End
Redevelopment Project
1
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PASSED, APPROVED AND ADOPTED this 7`h day of April, 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
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j RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA BOARD
OF DIRECTORS CONSENTING TO AND CALLING FOR A JOINT PUBLIC HEARING
REGARDING THE AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED
CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA
THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF
AZUSA DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") has
undertaken the required steps for consideration of the amendment to the draft
Redevelopment Plan 1 ("Plan Amendment') for the Merged Central Business District
and West End Redevelopment Project ("Project Area"), which is the proposed 14th
Amendment to Central Business District and 9th Amendment to the West End
Redevelopment Project.
I .
WHEREAS, a daft Redevelopment Plan for the Project Area has been prepared
in accordance with the provisions of California Community Redevelopment Law,
Health and Safety Code Sections 33000, et seq. ("Law").
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WHEREAS, the Plan Amendment proposes to add 15.1 acres of territory, re-
instate eminent domain on two (2) commercial parcels in the West End District of the
Merged Project, and increase the tax increment limit for the Merged Project Area from
$114.9 million to $300 million in order to fund future redevelopment activities.
WHEREAS, the Plan Amendment process includes an environmental impact
report that documents any potential impacts and associated mitigation measures for
the proposed Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the
Redevelopment.Agency of the City of Azusa as follows:
SECTION 1 . A joint public hearing of the Agency and the City Council is hereby
consented to and called to be held in the City Council Chambers, to consider and act
upon the Plan Amendment and all documents and evidence pertaining thereto. The
time and date of such joint public hearing shall be June 2, 2008, at 7:30 p.m. or as
soon thereafter as the matter may be heard.
I
SECTION 2. The Agency hereby requests that the City Council of the City of
Azusa call a joint public hearing of the Agency and the City Council to consider and
act upon the Plan Amendment for the Merged Central Business District and West End
Redevelopment Projett .
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PASSED, APPROVED AND ADOPTED this .7`h Day of April, 2008.
Chairperson
l 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 7th day of April, 2008, by the following vote of the
Board.
AYES: DIRECTORS:
NOES: DIRECTORS
ABSTAIN: DIRECTORS
ABSENT: DIRECTORS
Agency Secretary
- 2 -
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AGENCY PUBLIC HEARING
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD
I 1`
FROM: BRUCE COLEMAN, ECONOMIC/COMMUNITY DEVELOPMENT DIRECTOR
VIA: F. M. DELA;CH, EXECUTIVE DIRECTOR,*V O
DATE: APRIL 7, 2008
SUBJECT: CONSIDERATION OF A LEASE AGREEMENT FOR THE USE OF THE REAL PROPERTY
LOCATED AT 803 NORTH DALTON AVENUE ("RAMIREZ PROPERTY")
RECOMMENDATION
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It is recommended that the Redevelopment Agency Board of the City of Azusa ("Agency Board")
approve the proposed Lease Agreement ("Lease") for the real property located at Los Angeles County
Assessor's Parcel Number 8608-027-008, commonly known as 803 North Dalton Avenue ("Subject
Property").
EXECUTIVE SUMMARY
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On February 19, 2008 the Agency Board approved the acquisition of the Subject Property. The
approval of this proposed. action will enable the current property owner to lease the property for 12
months, which should allow the property owner sufficient time to arrange for a suitable replacement
property.
BACKGROUND
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The Subject Property is situated within the Central Business District, and consists of an 8,228 square
foot lot, that is improved;with a 4,176 square foot single story masonry construction business. The
property is currently owned by the Ramirez Family Trust. The property owner also operates the
business, Ramirez Masonry, which occupies the site. On February 19, 2008, the Agency Board
approved the Purchase and Sale Agreement ("PSA")with the property owners and Agency staff opened
escrow on February 26, 2008. The PSA indicated that the Agency would lease the property to the
property owners upon the close of escrow for a period of 12 months.
I
LEASE AGREEMENT
It is anticipated that the Mency ("Landlord")will become the fee owner of the Subject Property on June
2, 2008, at which time Mr! &Mrs.Art Ramirez ("Tenants") propose to lease the Subject Property. The
Tenants understand, acknowledge, and agree that this proposed Lease Agreement is a new post
acquisition agreement executed by and between Tenant and Landlord for Tenant's lease of the Property
i
I
The Honorable Chairman and Members of the Agency Board
Subject: Lease of 803 North Dalton Avenue
April 7, 2008
Page 2 of 2
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 the Tenant upon its termination.
Agency Staff has negotiated with Mr. 8_Mrs. Art Ramirez a lease agreement, attached hereto as
Exhibit A, for a term of up to twelve months (12) following the close of escrow. The Sellers have
agreed to pay the Agency $1.00 per month for the lease term, in addition to payment of janitorial
expenses, utilities, and payment of possessory interest taxes.
FISCAL IMPACT
The proposed lease agreement with the Tenants will result in the Agency receiving a total of$12.00 in
revenue for the proposed lease term.
Attachment:
Exhibit A: Lease Agreement
Exhibit B: Plot Map
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COMMERCIAL LEASE AGREEMENT
THIS COMMERCIAL LEASE AGREEMENT (this"Lease") is entered into as of
12008 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, as trustees for the Ramirez Family Trust and doing business as Ramirez Masonry
("Tenant"). Landlord and Tenant are sometimes individually referred to herein as "Party" and
collectively as "Parties."
RECITALS
A. Tenant was the owner in fee of that certain real property located at 803 North Dalton
Avenue, Azusa, California (Assessor Parcel Number 8608-027-008), which is more fully
described in Exhibit"A" attached hereto and made a part of this Lease (the "Premises").
B. Tenant and Landlord entered into that certain Purchase and Sale Agreement ("Purchase
Agreement"), dated , 2008, to sell and convey the Premises from Tenant to Landlord.
C. Pursuant to the terms of the Purchase Agreement, Tenant desires to lease the Premises
(together with certain appurtenant rights and easements) from Landlord for the purpose of
continuing .operation of Tenant's masonry business currently located at the Premises (the
"Business"), and other related improvements (collectively referred to in this Lease as the
"Improvements") in accordance with the agreement of the Parties as set forth in this Lease.
D. Tenant understands, acknowledges, and agrees that this Lease is a new post-acquisition
agreement executed by and between Tenant and Landlord for Tenant's lease of the Premises and
is not an extension of any prior lease or agreement. As such, this Lease 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 has been executed subsequent to Landlord's acquisition of the
Premises.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference and are a substantial part of this Lease, and the covenants, warranties, and
promises contained herein, the receipt of which is hereby acknowledged, the Parties hereby agree
as follows:
TERMS
1. LEASE OF PREMISES AND TERM OF LEASE
1.1 Agreement to Lease. For and in consideration of the Rent to be paid and
covenants to be performed by Tenant under this Lease, Landlord agrees to lease the Premises to
Tenant, and Tenant agrees to lease the Premises from Landlord, on the terms and conditions set
forth in this Lease. Except as expressly otherwise provided in this Lease, the "Premises"
includes the real property, plus any appurtenances and easements described in Exhibit "A"
attached to this Lease, and any Improvements now or subsequently located on the Premises.
SACRAMENTO�SASMUNDSM49633.1 I
1.2 Rent. Tenant shall pay to Landlord a monthly payment of One Dollar ($1.00)
(the "Rent Payment"), which shall be paid, in full, on the first day of each month throughout the
Term.
1.3 Term of Lease. The term of this Lease shall be for a period commencing on the
date of the close of that escrow for the sale of the Premises to Landlord, and continuing until
midnight on 2009, unless terminated earlier as provided in this Lease (the
"Term").
2. DEFINITIONS.
2.1 Certain Definitions. The following definitions shall apply to this lease:
2.1.1 "Building Equipment" means all fixtures incorporated in the
Premises owned by Landlord or Tenant and used, useful, or necessary to operate the Business
(including boilers; compactors; compressors; conduits; ducts; engines; equipment; fittings;
heating, ventilating and air conditioning systems; machinery; and pipes).
2.1.2 "FF&E" means all movable furniture, furnishings, equipment, and
personal property of Tenant or anyone claiming through Tenant (excluding Building Equipment)
that may be removed without material damage to the Improvements or the Premises and without
adversely affecting: (a) the structural integrity of the Improvements or the Premises; (b) any
electrical, plumbing, mechanical, or other system in the Improvements or the Premises; (c) the
present or future operation of any such system; or (d) the present or future provision of any
utility service to the Premises. FF&E includes, but is not limited to, items such as furniture,
movable equipment, telephone, telecommunications and facsimile transmission equipment, point
of sale equipment, televisions, radios, network racks, computer systems, and peripherals.
3. USE OF PREMISES
3.1 Permitted Use. Tenant shall use the Premises solely for the purpose of operating
the Business.
3.2 Compliance with Laws. Tenant shall, at Tenant's own cost and expense, comply
with all statutes, ordinances, regulations, and requirements of all governmental entities, federal,
state, county or municipal, including those requiring capital improvements to the Premises or
Improvements, relating to any use and occupancy of the Premises (and specifically not limited to
any particular use or occupancy by Tenant), whether those statutes, ordinances, regulations, and
requirements are now in force or are subsequently enacted. If any license, permit, or other
governmental authorization is required for the lawful use or occupancy of the Premises or any
portion of the Premises, Tenant shall procure and maintain it throughout the term of this Lease.
The judgment of any court of competent jurisdiction, or the admission by Tenant in a proceeding
brought against Tenant by any government entity, that Tenant has violated any such statute,
ordinance, regulation, or requirement shall be conclusive as between Landlord and Tenant and
shall constitute grounds:for termination of this Lease by Landlord.
3.3 Prohibited Uses. Tenant shall not use or permit the Premises or any portion of
the Premises to be improved, developed, used, or occupied in any manner or for any purpose that
SACRAWNTMSASMUNDSON\49633.1 2
is in any way in violation of any valid law, ordinance, or regulation of any federal, state, county,
or local governmental agency, body, or entity. Furthermore, Tenant shall not maintain, commit,
or permit the maintenance or commission of any nuisance as now or hereafter defined by any
statutory or decisional law applicable to the Premises or any part of the Premises.
3.4 Signs. Tenant shall be allowed only those existing sign(s) on the Premises, unless
expressly agreed to by the Parties in writing. Tenant may place signs in the windows of the
Premises,provided that such signs are professional and do not use more than 20% of the window
space of the Premises. Tenant shall not place temporary signs, flags or banners on the exterior
walls or windows except as provided in Section 3.4.1. Painting or painted signs on the windows
or walls are not allowed. At the termination of this Lease, the can of the sign shall remain
attached to the Premises and shall become a part of the Premises. Tenant may remove only the
face of its sign(s). If a sign is removed, any damage must be repaired at Tenant's expense. All
signage shall-be consistent with and in compliance with the Azusa Municipal Code.
3.4.1 At any time that Landlord desires to renovate the Premises or place
signs on the Premises, Landlord shall notify Tenant of such renovation and Tenant may erect a
temporary banner in accordance with state and local laws. Landlord, at its expense, shall replace
any sign of Tenant's that it removes in accordance with this Section 3.4.1.
3.4.2 Tenant shall not install exterior lighting, amplifiers or similar devices,
or use (inside or outside of the Premises) any audio or visual medium which may be heard or
seen outside the Premises, including, without limitation, flashing lights, searchlights,
loudspeakers, or other means of dissemination outside of the Premises.
4. TAXES AND UTILITIES
4.1 Tenant to Pay Taxes. Tenant shall pay during the term of this Lease, without
abatement, deduction, or offset, any and all real and personal property taxes, general and special
assessments, and other charges (including any increase caused by a change in the tax rate or by a
change in assessed valuation) of any description levied or assessed during the term of this Lease
by any governmental agency or entity on or against the Premises, the Improvements located on
the Premises, personal property located on or in the Premises or Improvements, and the leasehold
estate created by this Lease.
4.2 Possessory Interest Tax. Tenant hereby recognizes and understands that this
Lease may create a possessory interest subject to property taxation, and that Tenant may be
subject to the payment of property taxes levied on such interest. Any such imposition of a
possessory interest tax shall be a tax liability of Tenant solely, and shall be paid by the Tenant.
In addition, Tenant shall pay any personal property taxes that may become due for equipment,
fixtures, inventory, or other personal property installed, maintained, or present at or on the
Premises.
4.3 Separate Assessment of Leased Premises. Should the Premises be assessed and
taxed with or as part of other property owned by Landlord, the share of the taxes, assessments, or
other charges for which Tenant is liable to pay under Section 4 shall be determined as follows:
Tenant shall pay an amount equal to that portion of the taxes, assessments, and other charges that
SACRAMENTO\SASMUNDSOM49633.1 3
bears the same ratio to the total of the taxes, assessments, and other charges as the ground area of
the Premises bears to the ground area of the total taxed property.
4.4 Payment before Delinquency. Any and all taxes, assessments, and installments
of taxes and assessments required to be paid by Tenant under this Lease shall be paid by Tenant
before each such tax, assessment, or installment of tax or assessment becomes delinquent. On the
written request of Landlord, Tenant shall deliver to Landlord the official and original receipt
evidencing the payment of any taxes, assessments, and other charges required under this Lease.
4.5 Taxes Payable in Installments. Should any special tax or assessment be levied
on or assessed against'the Premises that may be either paid in full before a delinquency date
within the term of this Lease or paid in installments over a period either within or extending
beyond this Lease, Tenant shall have the option of paying the special tax or assessment in
installments. The fact that the exercise of the option to pay the tax or assessment in installments
will cause the Premises to be encumbered with bonds or will cause interest to accrue on the tax
or assessment is immaterial and shall not interfere with the free exercise of the option by Tenant.
Should Tenant exercise the option to pay any such tax or assessment in installments, Tenant shall
be liable to pay only those installments becoming due during the term of this Lease. Landlord
shall cooperate with Tenant and on written request of Tenant execute or join with Tenant in
executing any instruments required to permit any such special tax or assessment to be paid in
installments.
4.6 Contest of Tax. Tenant shall have the right to contest, oppose, or object to the
amount or validity of any tax, assessment, or other charge levied on or assessed against the
Premises or any part of the Premises; provided, however, that the contest, opposition, or
objection must be filed before the tax, assessment, or other charge at which it is directed
becomes delinquent and that written notice of the contest, opposition, or objection must be given
to Landlord at least ten' (10) days before the date the tax, assessment, or other charge becomes
delinquent. Landlord shall not be required to join in any such contest, opposition, or objection.
Tenant shall be responsible for and shall pay all costs and expenses in any contest or legal
proceeding instituted by Tenant. In no event shall Landlord be subjected to any liability for costs
or expenses connected.to any contest by Tenant, and Tenant agrees to indemnify and hold
Landlord harmless from any such costs and expenses. Furthermore, no such contest, opposition,
or objection shall be continued or maintained after the date the tax, assessment, or other charge at
which it is directed becomes delinquent, unless Tenant has done one of the following:
4.6.1 Paid the tax, assessment, or other charge under protest before .it
became delinquent;
4.6.2 Obtained and maintained a stay of all proceedings for enforcement and
collection of the tax, assessment, or other charge by posting a bond or other security required by
law for such a stay; or
4.6.3 Delivered to Landlord a good and sufficient surety bond in an amount
specified by Landlord and issued by a bonding corporation licensed to do business in California,
conditioned on the payment by Tenant of the tax, assessment, or charge together with any fines,
interest, penalties, costs, and expenses that may have accrued or been imposed thereon within 30
SACRAMENMSASMUNDSOM49633.1 4
days after final determination of Tenant's contest, opposition, or objection.to the tax, assessment,
or other charge.
4.7 Tax Returns and Statements. Tenant shall, as between Landlord and Tenant,
have the duty of attending to, preparing, making, and filing any statement, return, report, or other
instrument required or permitted by law in connection with the determination, equalization,
reduction, or payment of any taxes, assessments, or other charges that are or may be levied on or
assessed against the Premises, the Improvements located on the Premises, personal property
located on or in the Premises or Improvements, and the leasehold estate created by this Lease.
4.8 Tax Hold-Harmless Clause. Tenant shall indemnify and hold Landlord. and
Landlord's property, including the Premises and any Improvements now or subsequently located
on the Premises, free and harmless from any liability, loss, or damage resulting from any taxes,
assessments, or other charges required by this Lease to be paid by Tenant and from all interest,
penalties, and other sums imposed thereon and from any sales or other proceedings to enforce
collection of any such taxes, assessments, or other charges.
4.9 Utilities. Tenant shall arrange and pay for all fuel, gas, light, power, water,
sewage, garbage disposal, telephone, and other utility charges, and the expenses of installation,
maintenance, use, and service in connection with the foregoing, for the Premises during the
Term. Landlord shall have absolutely no liability or responsibility for any of the foregoing.
4.10 Payment by Landlord. Should Tenant fail to pay within the time specified in
this Lease any taxes, assessments, or other charges required by this Lease to be paid by Tenant,
Landlord may, without notice to or demand on Tenant, pay, discharge, or adjust that tax,
assessment, or other charge for the benefit of Tenant. In that event, Tenant shall promptly on
written demand of Landlord reimburse Landlord for the full amount paid by Landlord in paying,
discharging, or adjusting that tax, assessment, or other charge together with interest thereon at
the then maximum legal rate from the date of payment by Landlord until the date of repayment
by Tenant. If this Lease does not specify the time within which Tenant must pay any charge
required by this Lease, Tenant shall pay that charge before it becomes delinquent.
5. CONSTRUCTION BY TENANT
5.1 Requirement of Landlord's Written Approval. No structure or other
improvement of any kind shall be constructed on the Premises,without the prior written approval
of Landlord, which may be given or withheld in the Landlord's sole and absolute discretion.
5.2 Compliance with Law and Standards. All work on the Premises shall be
performed, and all buildings or other improvements on the Premises shall be erected in
accordance with all valid laws, ordinances, regulations, and orders of all federal, state, county, or
local governmental agencies or entities having jurisdiction over the Premises; provided,
however, that any structure or other improvement erected on the Premises shall be deemed to
have been constructed in full compliance.with all such valid laws, ordinances, regulations, and
orders when a valid final Certificate of Occupancy entitling Tenant and subtenants of Tenant to
occupy and use the structure or other improvement has been duly issued by proper governmental
agencies or entities. All work performed on the Premises under this Lease, or authorized by this
SACRAM ENTO\SASMUNDSOM49633.1 . 5
Lease, shall be done in a good workmanlike manner and only with new materials of good quality
and high standard.
5.3 Mechanics' Liens. At all times during the term of this Lease, Tenant shall keep
the Premises and all Improvements now or hereafter located on the Premises free and clear of all
liens and claims of liens for labor, services, materials, supplies, or equipment performed on or
famished to the Premises. Should Tenant fail to pay and discharge or cause the Premises to be
released from any such lien or claim of lien within twenty (20) days after service on Tenant of
written request from Landlord to do so, Landlord may pay, adjust, compromise, and discharge
any such lien or claim of lien on any terms and in any manner that Landlord may deem
appropriate. In that event, Tenant shall, on or before the first day of the next calendar month
following any such payment by Landlord, reimburse Landlord for the full amount paid by
Landlord in paying, adjusting, compromising, and discharging that lien or claim of lien,
including any attorneys' fees or other costs expended by Landlord, together with interest at the
then maximum legal rate from the date of payment by Landlord to the date of repayment by
Tenant.
5.4 Protection of Landlord. NOTICE IS HEREBY GIVEN THAT LANDLORD
SHALL NOT BE LIABLE FOR ANY LABOR OR MATERIALS FURNISHED OR TO BE
FURNISHED TO TENANT UPON CREDIT, AND THAT NO MECHANIC'S OR OTHER
LIEN FOR ANY SUCH LABOR OR MATERIALS SHALL ATTACH TO OR AFFECT THE
FEE ESTATE. NOTHING IN THIS LEASE SHALL BE DEEMED OR CONSTRUED IN
ANY WAY TO CONSTITUTE LANDLORD'S CONSENT OR REQUEST, EXPRESS OR
IMPLIED, BY INFERENCE OR OTHERWISE, TO ANY . CONTRACTOR,
SUBCONTRACTOR, LABORER, EQUIPMENT OR MATERIAL SUPPLIER FOR THE
PERFORMANCE OF ANY LABOR OR THE FURNISHING OF ANY MATERIALS OR
EQUIPMENT FOR ANY CONSTRUCTION REGARDING THE PREMISES OR ANY
IMPROVEMENTS ON THE PREMISES, NOR AS GIVING TENANT ANY RIGHT, POWER
OR AUTHORITY TO CONTRACT FOR, OR PERMIT THE RENDERING OF, ANY
SERVICES, OR THE FURNISHING OF ANY MATERIALS THAT WOULD GIVE RISE TO
THE FILING OF ANY LIENS AGAINST THE FEE ESTATE. TENANT SHALL
INDEMNIFY LANDLORD AGAINST ANY ACTIVITIES UNDERTAKEN BY TENANT OR
ANYONE CLAIMING THROUGH TENANT, AND AGAINST ALL LIENS.
5.5 Ownership of Improvements. Title to all Improvements shall be owned by
Landlord at all times during the Term of this Lease.
5.6 Access and Inspection. Notwithstanding anything to the contrary in this Lease,
Landlord and its agents; representatives, and designees may enter the Premises upon reasonable
notice during regular business hours,.solely to: (a) ascertain whether Tenant is complying with
this Lease; (b) cure Tenant's defaults; (c) inspect the Premises and any Improvements; (d)
perform such tests, borings, and other analyses as Landlord determines may be necessary or
appropriate relating to the Premises or any Improvements; or (e) show the Premises to a
prospective purchasers or lenders. In entering the Premises, Landlord and its designees shall not
unreasonably interfere with operations on the Premises and shall comply with Tenant's
reasonable instructions, Landlord shall Indemnify Tenant against any claims arising from
SACRAMENTO\SASMUNDSON49633.1 6
Landlord's entry upon the Premises (except upon termination of this Lease or an event of
default).
6. NO ENCUMBRANCE OF LEASEHOLD ESTATE
6.1 No Right of Tenant to Encumber. Tenant shall not encumber the leasehold
estate created by this Lease.
7. REPAIRS AND RESTORATION
7.1 Maintenance by Tenant. At all times during the Term of this Lease Tenant
shall, at Tenant's own cost and expense, keep and maintain the Premises, all Improvements, all
Building Equipment associated with the Premises, and all appurtenances (including landscaped
and parking areas) now or hereafter on the Premises in a first-class condition, in good order and
repair, and in a safe and clean condition.
7.2 Requirements of Governmental Agencies. At all times during the tern of this
Lease, Tenant, at Tenant's own cost and expense, shall do all of the following:
7.2.1 Make, all alterations, additions, or repairs to the Premises or the
Improvements on the Premises required by any valid law, ordinance, statute, order, or regulation
now or hereafter made or issued by any federal, state, county, local, or other governmental
agency or entity;
7.2.2 Observe and comply with all valid laws, ordinances, statutes, orders,
and regulations now or hereafter made or issued respecting the Premises or the Improvements on
the Premises by any federal, state, county, local, or other governmental agency or entity;
7.2.3 Contest if Tenant, in Tenant's sole discretion, desires by appropriate
legal proceedings brought in good faith and diligently prosecuted in the name of Tenant, the
validity or applicability to the Premises of any law, ordinance, statute, 'order, or regulation now
or hereafter made or issued by any federal, state, county, local, or other governmental agency or
entity; provided, however, that any such contest or proceeding shall be without cost to Landlord,
and Tenant shall protect the Premises and Landlord from Tenant's failure to observe or comply
during the contest with the contested law, ordinance, statute, order, or regulation; and
7.2.4 Indemnify and hold Landlord and the property of Landlord, including
the Premises, free and harmless from any and all liability, loss, damages, fines, penalties, claims,
and actions resulting from Tenant's failure to comply with and perform the requirements of this
Section 7.2.
7.3 Tenant's Duty to Restore Premises. If at any time during this Lease's term, any
Improvements now or hereafter on the Premises are destroyed in whole or in part by fire, theft,
the elements, or any other cause not the fault of Landlord, this Lease shall continue in full force
and effect and Tenant; provided, however, that either Landlord or Tenant may elect, in their
respective sole and absolute discretion, to terminate this Lease within fifteen (15) days following
the occurrence of any such damage or destruction to the Improvements on the Premises.
Tenant's right to terminate this Lease following the occurrence of any damage or destruction to
SACRAMENTO\SASMUNDSOM49633.1 7
the Improvements on the Premises shall be Tenant's sole and exclusive remedy arising from any
such occurrence.
7.4 Application of Insurance Proceeds. Any and all fire or other insurance
proceeds that become payable at any time during the term of this Lease because of damage to or
destruction of any Improvements on the Premises shall be paid to Landlord.
8. INDEMNITY AND INSURANCE
8.1 Indemnity Agreement. Tenant shall indemnify and hold Landlord and
Landlord's property, including the Premises and Improvements now or hereafter on the
Premises, free and harmless from any and all liability, claims, loss, damages, or expenses
resulting from Tenant',s occupation and use of the Premises, specifically including, without
limitation, any liability, claim, loss, damage, or expense arising by reason of the following: .
8.1.1 The death or injury of any person, including Tenant or any person who
is an employee or agent of Tenant, or by reason of the damage to or destruction of any property,
including property owned by Tenant or by any person who is an employee or agent of Tenant,
from any cause whatever while that person or property is in or on the Premises or in any way
connected with the Premises or with any of the Improvements or personal property on the
Premises;
8.1.2 The death or injury of any person, including Tenant or any person who
is an employee or agent of Tenant, or by reason of the damage to or destruction of any property,
including property owned by Tenant or any person who is an employee or agent of Tenant,
caused or allegedly caused by either: (1) the condition of the Premises or some building or
improvement on the Premises; or (2) some act or omission on the Premises of Tenant or any
person in, on, or about the Premises with the permission and consent of Tenant;
8.1.3 Any work performed on the Premises or materials furnished to the
Premises at the instance or request of Tenant or any person or entity acting for or on behalf of
Tenant; or
8.1.4 Tenant's failure to perform any provision of this Lease or to comply
with any requirement of law or any requirement imposed on Tenant or the Premises by any duly
authorized governmental agency or political subdivision.
8.2 Waiver and Release.
8.2.1 Tenant. acknowledges that it may be entitled to, and hereby releases,
waives and discharges the City of Azusa, Landlord, and their affiliated entities and each of their
respective officers, officials, employees, agents, volunteers, contractors, insurers, and attorneys
from any and all alleged and actual claims, damages, remedies, causes of action, demands, and
other liabilities(collectively, "Liabilities") for relocation assistance, loss of goodwill interest,
leasehold bonus value, just compensation, unlawful pre-condemnation conduct, inverse
condemnation, attorneys fees and all similar or related claims or rights (collectively, the
"Benefits") which Tenant now has or may have arising out of or in any way related to
acquisition of the Premises by Landlord, Tenant's leasehold interest in the Premises, Tenant's
SACRAMENTO\SASMUNDSONW9633.1 8
displacement from the Premises, and any and all related acts or failures to act by.the Landlord or
any of the other released parties. The foregoing release and waiver ("Release ), applies to all
Liabilities, whether retrospective, current, or prospective, known or unknown, foreseeable or
unforeseeable. The Release is made by Tenant for itself, its agents, assigns, heirs, successors,
and related entities. The Release does not extend to breaches of Landlord's obligations arising
under this Lease.
8.2.2 Except as otherwise provided in this Lease, it is the intention of the
Parties that the Release shall be effective as a bar to all claims, causes of action, actions,
damages, losses, demands, accounts, reckonings, rights, debts, liabilities, obligations, and
attorneys' fees, of every character and kind, known or unknown, existing or contingent, latent or
patent; and in furtherance of such intention, Tenant expressly waives any and all rights conferred
upon it by the provisions of California Civil Code Section 1542, which 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."
8.2.3 Tenant acknowledges that it may hereafter discover facts or law
different from or in additional to those which it now believes to be true with respect to the
Release. Tenant agrees that the Release shall be and remain effective in all respects
notwithstanding such different or additional facts or law or any part's discovery thereof. Tenant
shall not be entitled to any relief in connection therewith, including, but not limited to any
damages or any right or claim to set aside or rescind this Lease.
8.2.4 Tenant, on behalf of itself, its administrators, successors and assigns,
acknowledges and agrees that the Landlord's performance and payment of the purchase price
under the Purchase Agreement constitutes full and complete satisfaction of Landlord's
obligations, if any, to provide the Benefits to Tenant. The representations, warranties,
acknowledgements, waivers and releases contained in this Section 8.2 shall survive the
termination of this Lease.
8.3 Liability Insurance. Tenant shall, at Tenant's own cost and expense, procure
and maintain during the entire term of this Lease a broad form comprehensive coverage policy of
public liability insurance issued by an insurance company licensed by the State of California
insuring Tenant and Landlord against loss or liability caused by or connected with Tenant's
occupation and use of the Premises under this Lease in amounts not less than the following:
8.3.1 ONE MILLION DOLLARS ($1,000,000) for injury to or death of one
person and, subject to that limitation for the injury or death of one person, of not less than TWO
MILLION DOLLARS ($2,000,000) for injury to or death of two or more persons as a result of
any one accident or incident; and
8.3.2 ONE MILLION DOLLARS ($1,000,000) for damage to or destruction
of any property.
. SACRAMENTO\SASMUNDSOM49633.1 9
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8.4 Fire and Casualty Insurance. Tenant shall, at Tenant's own cost and expense,
at all times during theiterm of this Lease, keep all Improvements on the Premises insured for
their full replacement value by insurance companies authorized to do business in the State of
California against loss or destruction by fire and the perils commonly covered under the standard
extended coverage endorsement to fire insurance policies in the county where the Premises are
located.
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8.5 Specific; Perils to Be Insured. Notwithstanding anything to the contrary
contained in Section 8.4 of this Lease, the insurance required by Section 8.4 of this Lease shall,
whether or not included in the standard extended coverage endorsement referred to in Section
8.4, insure all Improvements on the Premises against loss or destruction by windstorm, cyclone,
tomado, hail, explosion, riot, riot attending a strike, civil commotion, malicious mischief,
vandalism, aircraft, fire, smoke damage, and sprinkler leakage. All insurance provided
hereunder shall include,standard waiver of subrogation provisions and shall be primary and non-
contributing with any insurance that Landlord may elect (but shall be under no obligation) to
obtain.
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8.6 Deposit of Insurance with Landlord. Tenant shall, within 10 days after the
execution of this Lease and promptly thereafter when any such policy is replaced, rewritten, or
renewed, deliver to Landlord a true and correct copy of each insurance policy and endorsements
required by this Lease or a certificate executed by the insurance company or companies or their
authorized agent evidericing that policy or policies.
8.7 Notice of Cancellation of Insurance. Each insurance policy required under this
Lease shall contain a provision that it cannot be cancelled for any reason unless at least ten (10)
days' prior written notice of the cancellation is given to Landlord in the manner required by this
Lease for service of notices on Landlord by Tenant.
9. NO ASSIGNMENT OR SUBLEASING
9.1 No Assignment. Tenant may not assign this Lease or any interest in this Lease
without Landlord's prior written consent, which may be given or withheld in Landlord's sole,
absolute and arbitrary discretion.
9.2 No Sublease. Tenant shall have no right to sublease all or any portion of the
Premises without Landlord's prior written consent, which may be given or withheld in
Landlord's sole, absolute and arbitrary discretion.
10. DEFAULT AND REMEDIES
10.1 Continuation of Lease in Effect. Should Tenant breach this Lease and abandon
the Premises before the natural expiration of the Lease's term, Landlord may continue this Lease
in effect by not terminating Tenant's right to possession of the Premises, in which event
Landlord shall be entitled to enforce all Landlord's rights and remedies under this Lease.
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10.2 Termination and Unlawful Detainer. In the event of a Tenant default under this
Lease, Landlord may terminate this Lease by written notice to Tenant and may also do the
following:
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SACRAMENTMASMUNDSONW9633.1 10
10.2.1 Bring an action to recover any other amount necessary to compensate
Landlord for all detriment proximately caused by Tenant's failure to perform Tenant's
obligations under this Lease; and
10.2.2 Bring an action, in addition to or in lieu of the action described in
Section 10.2.1, to reenter and regain possession of the Premises in the manner provided by the
laws of unlawful detainer of the State of California then in effect.
10.3 Breach and Default by Tenant. All covenants and agreements contained in this
Lease are declared to be conditions to this Lease and to the term hereby leased to Tenant. Should
Tenant fail to perform any covenant, condition, or agreement contained in this Lease and the
default is not be cured within fifteen (15) days after written notice of the default is served on
Tenant by Landlord, then Tenant shall be in default under this Lease. In addition to Tenant's
failure to perform any covenant, condition, or agreement contained in this Lease within the cure
period permitted by this Section 10.3, the following shall constitute a default by Tenant under
this Lease:
10.3.1 The appointment of a receiver to take possession of the Premises or
Improvements, or of Tenant's interest in, to, and under this Lease, the leasehold estate or of
Tenant's operations on the Premises for any reason, including, without limitation, assignment for
benefit of creditors or voluntary or involuntary bankruptcy proceedings, when not released
within sixty(60) days;
10.3.2 An assignment by Tenant for the benefit of creditors; or the voluntary
filing by Tenant or the involuntary filing against Tenant of a petition, other court action, or suit
under any law for the purpose of: (1) adjudicating Tenant a bankrupt, (2) extending time for
payment, (3) satisfaction of Tenant's liabilities, or (4)reorganization, dissolution, or arrangement
on account of, or to prevent, bankruptcy or insolvency; provided, however, that in the case of an
involuntary proceeding, if all consequent orders, adjudications, custodies, and supervisions are
dismissed, vacated, or otherwise permanently stayed or terminated within sixty (60) days after
the filing or other initial event, then Tenant shall not be in default under this Section; and
10.3.3 The subjection of any right or interest of Tenant to or under this Lease
to attachment, execution, or other levy, or to seizure under legal process when the claim against
Tenant is not released within sixty(60) days.
10.4 Taking Possession. Landlord may re-enter and take possession of the Premises
with process of law, whether by summary proceedings or otherwise, and remove Tenant, with or
without having terminated this Lease, and without thereby being liable for damages or guilty of
trespass. This is intended to constitute an express right of re-entry by Landlord. Except as
expressly provided in this Lease or prohibited by law, Tenant, for and on behalf of itself and all
persons claiming by, through or under Tenant, expressly waives any right to service of notice of
intention to re-enter provided in any law and any and all right of redemption provided by any
law, or re-entry or repossession or to restore the operatiorr of this Lease if Tenant is dispossessed
by a judgment or by warrant of any court or judge or in case of re-entry or repossession by
Landlord or any expiration or termination of this Lease. No re-entry by Landlord, whether had
or taken under summary proceedings or otherwise, shall absolve or discharge Tenant from
SACRAMENTOISASMUNDSONW9633.1 I 1
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liability under this Lease. The terms "enter " "re-enter " "entry," and re-entry," as used in
this Lease, are not restricted to their technical legal meanings.
10.5 Suits Before Expiration Date. Landlord may sue for damages from time to time
at Landlord's election.
10.6 Receipt! of Moneys. No receipt of money by Landlord from Tenant after
termination of this Lease, or after the giving of any notice of termination of this Lease, shall
reinstate, continue, or extend this Lease or affect any notice theretofore given to Tenant,
Landlord's right to recover possession by proper remedy, except as this Lease expressly states
otherwise, it being agreed that after service of notice to terminate this Lease or the
commencement of suitor summary proceedings, or after final order or judgment for possession,
Landlord may demand;receive, and collect any moneys due or thereafter falling due without in
any manner affecting such notice, proceeding, order, suit or judgment, all such moneys collected
being deemed payments on account of use and occupation or, at Landlord's election, on account
of Tenant's liability.
10.7 No Waiver. No failure by Landlord to insist upon strict performance of any
covenant, agreement, term, or condition of this Lease or to exercise any right or remedy upon a
Default, shall waive any such Default or such covenant, agreement, term, or condition. No
covenant, agreement, term, or condition of this Lease to be performed or complied with by
Tenant, and no Default; shall be modified except by a written instrument executed by Landlord.
No waiver of any Default shall modify this Lease. Each and every covenant, agreement, term,
and condition of this Lease shall continue in full force and effect with respect to any other then-
existing or subsequent Default of such covenant, agreement, term or condition of this Lease.
10.8 Waiver of Breach. The waiver by Landlord of any breach by Tenant of any of
the provisions of this; Lease shall not constitute a continuing waiver or a waiver of any
subsequent breach by Tenant of either the same or a different provision of this Lease.
10.9 Security; Devices. Landlord may change the locks and other security devices
providing admittance to',the Premises.
10.10 Cumulative Remedies. The remedies given to Landlord in this Lease shall not
be exclusive but shall :be cumulative with and in addition to all remedies now or hereafter
allowed by law and elsewhere provided in this Lease.
10.11 Surrender of Premises. Unless expressly provided for otherwise in this Lease,
on expiration of the Term or earlier termination of this Lease, Tenant shall surrender the
Premises and all Improvements on the premises, as follows: (a) all Improvements, FF&E, and
Building Equipment shall become Landlord's property; (b) Tenant shall deliver to Landlord
possession of the Premises, in the condition this Lease requires, subject to any loss that this
Lease does not require Tenant to restore; (c) Tenant shall surrender any right, title, or interest in
and to the Premises and deliver such evidence and confirmation thereof as Landlord reasonably
requires; (d) Tenant shall deliver the Premises free and clear of all subleases and liens, with the
exception of any liens jthat Landlord or any of its agents caused; (e) Tenant shall assign to
Landlord, without recourse, and give Landlord copies or originals of, all assignable licenses,
SACRAMENTO�SASMUNDSON49633.1 12
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permits, contracts, warranties, and guarantees then in effect for the Premises; and (f) the parties
shall cooperate to achieve an orderly transition of operations from Tenant to Landlord without
interruption, including delivery of such books and records (or copies thereof) as Landlord
reasonably requires. Notwithstanding anything to the contrary in this paragraph, Tenant may
remove its trade fixtures and the existing rooftop HVAC equipment located on the Improvement
on the Premises from the Premises, but Tenant must complete such removal, if at all, before the
expiration or earlier termination of this Lease. Tenant shall repair any material damage from any
such removal. Tenant's trade fixtures and Building Equipment not removed before the
expiration or earlier termination of this Lease shall be deemed abandoned.
11. GENERAL PROVISIONS
11.1 Force Majeure. Except as otherwise expressly provided in this Lease, if the
performance of any act required by this Lease to be performed by either Landlord or Tenant is
prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to
secure materials, restrictive governmental laws or regulations, or any other cause (except
financial inability) not the fault of the party required to perform the act, the time for performance
of the act will be extended for a period equivalent to the period of delay and performance of the
act during the period of delay will be excused. However, nothing contained in this Section 11.1
shall excuse the performance of any act rendered difficult or impossible solely because of the
financial condition of the party required to perform the act.
11.2 Estoppel Certificates. Each party to this Lease (a "Requesting Party") may
require the other party (a "Certifying Party") to execute, acknowledge, and deliver to the
Requesting Party (or directly to a designated third party) up to four original counterparts of an
Estoppel Certificate. The Certifying Party shall sign, acknowledge, and return such Estoppel
Certificate within 15 days after request, even if the Requesting Party is in Default. Any Estoppel
Certificate shall bind the Certifying Party. "Estoppel Certificate" means a certification of, at
least, each of the following:
11.2.1 This Lease is unmodified and in full force and effect, or, if there have
been modifications, that this Lease is in full force and effect, as modified, in the manner
specified in the statement; and
11.2.2 There are no uncured defaults or failures to perform any covenant or
provision of this Lease on the part of the Requesting Party or specifying any such defaults or
failures which are claimed to exist.
11.3 Attorneys' Fees. Should any litigation be commenced between the parties to this
Lease concerning the Premises, this Lease, or the rights and duties of either in relation thereto,
the party prevailing in that litigation shall be entitled, in addition to any other relief that may be
granted in the litigation, to a reasonable sum as and for that party's attorneys' fees in that
litigation that shall be determined by the court in that litigation or in a separate action brought for
that purpose. In the case of Landlord, reasonable attorneys' fees shall include the salaries and
benefits of the attorneys employed by Counsel for the Redevelopment Agency of the City of
Azusa, California.
SACRAMENTO�SASMUNDSONA9633.1 13
11.4 Notices to Landlord. Except as otherwise expressly provided by law, any and all
notices or other communications required or permitted by this Lease or by law to be served on or
given to Landlord by Tenant shall be in writing and shall be deemed duly served and given when
personally delivered to. Landlord or, in lieu of personal service, when deposited in the United
States mail, first-class postage prepaid, and sent by express mail that allows for tracking,
addressed to Landlord at 213 E. Foothill Blvd, Azusa, California. Landlord may change
Landlord's address for the purpose of this section by giving written notice of that change to
Tenant in the manner provided in Section 11.5. -
11.5 Notices to Tenant. Any and all notices or other communications required or
permitted by this Lease or by law to be served on or given to Tenant by Landlord shall be in
writing and shall be deemed duly served and given when personally delivered to Tenant, any
managing employee of Tenant, or, in lieu of personal service, when deposited in the United
States mail, first-classpostage prepaid, and sent by express mail that allows for tracking,
addressed to Tenant at 1027 North Soldano Avenue, Azusa, California. Tenant may change its
address for the purpose of this section by giving written notice of that change to Landlord in the
manner provided in Section 11.4 of this Lease. Notice given by Landlord to Tenant in
accordance with this Section 11.4 shall satisfy the requirements of Code of Civil Procedure
Section 1160, et seq., and shall be instead of any notice required by such laws, not in addition to
any notice required by such laws.
11.6 Holding Over. If for any reason or no reason Tenant remains in the Premises
after the expiration or earlier termination of this Lease, then Landlord will suffer injury that is
substantial, difficult, or impossible to measure accurately. Therefore, if Tenant remains in the
Premises after the expiration or earlier termination of this Lease, for any reason or no reason,
then in addition to any other rights or remedies of Landlord, Tenant shall pay to Landlord, as
liquidated damages and not as a penalty, for each month (prorated daily for partial months)
during which Tenant holds over after the expiration or earlier termination of this Lease, a sum
equal to: Ten Thousand Dollars ($10,000) (for the first month or partial month of holding over),
Fifteen Thousand Dollars ($15,000) (for the second month or partial month of holding over), and
Twenty Thousand Dollars ($20,000) (for each subsequent month or partial month of holding
over).
11.7 Waivers. TENANT WAIVES ANY RIGHT OF REDEMPTION PROVIDED
FOR BYLAW. TENANT WAIVES ANY RIGHT TO INTERPOSE ANY COUNTERCLAIM
IN ANY ACTION BY LANDLORD TO ENFORCE THIS LEASE OR LANDLORD'S
RIGHTS AND REMEDIES UNDER THIS LEASE.
11.8 Governing Law. This lease, and all matters relating to this Lease, shall be
governed by the laws. of the State of California, without application of conflicts of laws
provisions or principles. 1
11.9 Binding on Heirs and Successors. This lease shall be binding on and shall inure
to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto,
but nothing in this Section 11.9 shall be construed as a consent by Landlord to any assignment of
this Lease or any interest in the lease by Tenant.
SACRAMENTMSASMUNDSOM49633.1 14
11.10 Sole and Only Agreement. This Lease constitutes the sole and only agreement
between Landlord and Tenant respecting the Premises, the leasing of the Premises to Tenant, and
the lease terms set forth in this Lease, and correctly sets forth the obligations of Landlord and
Tenant to each other as of its date. Any agreements or representations respecting the Premises,
their leasing to Tenant by Landlord, or any other matter discussed in this Lease not expressly set
forth in this instrument are null and void.
11.11 No Partnership or Joint Venture. Nothing in this Lease shall be construed to
render Landlord in any way or for any purpose a partner, joint venturer, or associate in any
relationship with Tenant other than that of Landlord and Tenant, nor shall this Lease be
construed to authorize either to act as agent for the other.
11.12 Time of Essence. Time is expressly declared to be of the essence of this Lease.
11.13 No Recording. Neither Landlord nor Tenant shall record this Lease without the
written consent of the other.
11.14 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 Lease. The parties have both
participated substantially in its negotiation, drafting, and revision, with advice from counsel and
other advisers. A tern defined in the singular may be used in the plural, and vice versa, all in
accordance with ordinary principles of English grammar, which also govern all other language in
this Lease. The words "include" and "including" shall be construed to be followed by the
words: "without limitation." Each of these terms shall be interpreted as if followed by the words
"(or any part of it)" except where the context clearly requires otherwise: Fee Estate;
Improvements; Land; Leasehold Estate; Premises; and any other similar collective noun. Every
reference to any document, including this Lease, refers to such document as modified from time
to time (except, at Landlord's option, any modification that violates this Lease), and includes all
exhibits, schedules, and riders to such document. The word"or" includes the word "and."
[Signatures on following pages]
SACRAMENTO\SASMUNDSON\49633.1 15
SIGNATURE PAGE
TO
COMMERCIAL LEASE AGREEMENT
IN WITNESS WHEREOF, Tenant and Landlord have executed this Lease as of the day
and year first above written.
LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS
LEASE AND EACH TERM AND PROVISION CONTAINED IN THIS LEASE, AND BY
THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY
CONSENT TO SUCH TERMS. THE PARTIES AGREE THAT, AT THE TIME THIS
LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY
REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LANDLORD
AND TENANT WITH RESPECT TO THE PREMISES.
LANDLORD:
THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
a public body, corporate and politic
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By:
Executive Director
ATTEST
By:
Agency Secretary
APPROVED AS TO LEGAL FORM:
BEST BEST &KRIEGER LLP
By :
Agency Counsel
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SACRAMENTMSASMUNDSOW9633.1 16
SIGNATURE PAGE
TO
COMMERCIAL LEASE AGREEMENT
TENANT:
RAMIREZ FAMILY TRUST
doing business as
RAMIREZ MASONRY
By:
Arthur B. Ramirez, Trustee
By:
Anna M. Ramirez, Trustee
SACRAMENTUSASMUNDSON49633.1 17 -
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EXHIBIT "A"
PREMISES LEGAL DESCRIPTION
APN No. 8608-027-008
, icy
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SACRAMENTO\SASMUNDSON\49633.1
Emma
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AGENCY AGENDA ITEM
TO: THE HONORABLE CHAIRPERSON AND AGENCY MEMBERS
FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR
I
VIA: F.M. DEll EXECUTIVE DIRECTOR
DATE: APRIL 7, 2008
SUBJECT: AMENDMENT NO.1 TO PROFESSIONAL SERVICES CONTRACT WITH HOGLE-IRELAND
INC. TO INCREASE SERVICES ASSOCIATED WITH THE DOWNTOWN NORTH/DALTON
AVENUE PROJECT
RECOMMENDATION
It is recommended that the Agency Board approve Amendment No. 1 to the professional services
contract with Hogle-Ireland, Inc., to increase services, increase the contract amount from $49,999 to .
$60,000, and authorize the Executive Director to execute the City's standard professional services
agreement.
EXECUTIVE SUMMARY
The Agency contracted with Hogle-Ireland to provide California Environmental Quality Act (CEQA)
compliance and interim planning services for the Downtown North/Dalton Avenue Phase 1. These
services were estimated at $49,999 based on estimated hours. The actual time spent on the project
has exceeded the estimate and service costs have increased by $10,000.
BACKGROUND
In August 2007, using redevelopment signatory authority the Agency entered into a professional
services agreement withl Hogle-Ireland in the amount of $49,999 to provide planning and
environmental/CEQA impact analysis for the Downtown North/Dalton Avenue Phase 1 project. At
that time, staff could only estimate the number of hours that would be required to complete this
task. Now that these services are nearly complete, it is necessary to increase the agreement by
$10,000 to allow for final costs associated with additional hours attending staff and Planning
Commission meetings, administrative tasks, and reimbursable printing and postage expenses.
FISCAL IMPACT
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This project is budgeted ''in the approved FY 2007/08 operating budget in the Downtown North
program budget.
BAC:RJI/cs
Attachment: Amendment No. 1 to the Professional Services Agreement
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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
AND
HOGLE-IRELAND,INC.
ARTICLE 1. PARTIES AND DATE
This First Amendment to the Professional Services Agreement ("First Amendment")
dated as of the day of .2008, is entered into by and between the
Redevelopment Agency of the City of Azusa ("Agency") and Hogle-Ireland, Inc.
("Consultant").
ARTICLE 2. RECITALS
2.1 Agency and Consultant entered into that certain Professional Services Agreement
dated August 1, 2007 ("Agreement"), whereby Consultant agreed to provide certain professional
planning consulting and environmental impact analysis for the Downtown North/Dalton Avenue
project (the "Project").
2.2 Agency and Consultant now desire to amend the Agreement to increase
compensation not to exceed a new contract total of Sixty thousand dollars ($60,000).
ARTICLE 3. TERMS
3.1 The specific amendments to the Agreement shall be as follows:
3.1.2 Section 3.3.1 of the Agreement is hereby deleted in its entirety and replaced
with a new Section 3.3.1 to read as follows:
"3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation
shall not exceed [Sixty Thousand Dollars And No/1001 ($60,000.00)without written approval
of City's Representative. Extra Work may be authorized, as described below, and if authorized,
will be compensated at the rates and manner set forth in this Agreement."
3.2 Continuing Effect of Agreement. Except as otherwise set forth in this First
Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this First Amendment, whenever the term"Agreement" appears in the
Agreement, it shall mean the Agreement as amended by this First Amendment.
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3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this First Amendment.
3.4 Counterparts. This First Amendment may be executed in duplicate originals,
each of which is deemed to be an original, but when taken together shall constitute but one and
the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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REDEVELOPMENT AGENCY OF THE HOGLE-IRELAND,INCORPORATED
CITY OF AZUSA
By: By:
F.M. Delach Name:
Executive Director Title:
Attest:
Vera,Mendoza, Agency Secretary
3
V kv �f0
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4
AGENCY AGENDA ITEM
TO: ; , • THE HONORABLE,CHAIRPERSON AND AGENCY MEMBERS 'J C
E
FROM: f BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT _
DIRECTOR
VIA: F.M. DELACH, EXECUTIVE DIRECTOR
DATE: APRIL 7, 2008 '
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SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH URBAN FUTURES, INC. FOR:
(1) FINANCIAL ADVISORY; AND (2) REDEVELOPMENT CONSULTING SERVICES
t RECOMMENDATION:
It is recommended that the Agency Board' authorize the Executive Director to enter into the ,
standard professional services agreemozz t with Urban Futures, •Inc., for both Financial Advisory r j
and,Redevelopment Consulting Services. r f
1 EXECUTIVE SUMMARY:
Due to the extensive workload being undertaken by the Redevelopment Agency, the imminent
departure of the City's current Economic and Community Development Director, and the
need to issue new Tax Allocation Bonds, the Agency needs to enter into an agreement with a
qualified redevelopment firm to provide both Financial Advisory Services and Redevelopment
Consulting Services.
BACKGROUND:
The Redevelopment Agency is actively undertaking a number of complex redevelopment
projects, including the Downtown North Transit-Oriented District, the Block 36/Azusa Village
Center, the northeast corner of Arrow and Azusa, the Target Department Store and other
major revitalization efforts. These projects involve complex real estate, financial and
redevelopment issues that require highly specialized consulting services. Although the Agency
had previously entered into an agreement with Tierra West Advisors for various services under
which they serve as an extension of Agency staff, there is a need for additional specialized
services to assist the Agency in reviewing and structuring complex real estate and financial
agreements necessary for the continued revitalization of the Redevelopment Project Area. In
addition, with the departure of the current Economic and Community Development Director,
there is an additional need for Redevelopment Consulting Services to help direct and manage
the current and projected workload being undertaken by Redevelopment staff. Since the
need for these services is temporary in nature, it has been the Agency Board's position that it
Paget of
April 7, 2008
Honorable Chairman and Members of the Board
Subject: Professional Services Agreement with Urban Futures, Inc.for: (1) Financial Advisory;and (2)Redevelopment Consulting
Services
is more appropriate to contract for such services than to add additional permanent staff to
carryout this workload.
The Redevelopment Agency is currently undertaking the process of amending its
Redevelopment Plan, which would increase the tax increment cap and the Agency's bonding
capacity. As part of this process, the Agency plans to issue new Tax Allocation Bonds in the
fall of 2008 to fund the Agency's revitalization program and to repay the loans made to the
Agency by the City. In order to proceed with the issuance of the Tax Allocation Bonds, the
Agency also needs to select a Financial Advisor to structure and.facilitate issuance of the new
Tax Allocation Bond issue to fund these various revitalization projects.
As a result, on March 3, 2008, the Agency Board authorized staff to release a Request for
Proposals (RFP) for both Redevelopment Consulting and Financial Advisory Services. Staff
sent out the RFP to six redevelopment firms. In response to the RFP, four proposals were
received from the following consulting firms:
1 . Fieldman/Rolapp and Associates and CRC Redevelopment Consultants, Inc. f
\ 2. C.M. de Crinis and Company
3. Urban Futures, Inc. `
4. Keyser Marston Associates
l
Although all of the firms were deemed to be highly qualified, Keyser Marston's proposal
addressed only Redevelopment Consulting Services, while C.M. de Crinis focused only on
Financial Advisory Services. The responses provided by Urban Futures, Inc. and the team
composed of Fieldman/Rolapp and Associates and GRC Redevelopment Consultants, Inc.
covered both Redevelopment Consulting and Financial Advisory Services, as called for in the
RFP. Based on staff's careful review of the proposals, it has been determined that Urban
Futures, Inc. offers the most comprehensive, coordinated approach by a single firm which
would meet the needs of the Agency for both Redevelopment Consulting Services and
Financial Advisory Services. In addition, under their proposal, Bill Kelly, the highly experienced
former City Manager of Arcadia, would serve as the Interim Economic and Community
Development Director, overseen by Assistant City Manager Robert Person, while the City
undertakes its recruitment process for a permanent replacement. A copy of the Urban
Futures proposal is attached.
FISCAL IMPACT:
The attached proposal from Urban Futures, Inc. describes the proposed fee schedule. The
cost for the Financial Advisory Services would be payable only from the new Tax Allocation
Bond proceeds, and is based on the amount of bond issuance. The cost for the
Redevelopment Advisory Services would be funded by the Redevelopment Agency on an
hourly fee basis, using budgeted salary savings from the vacated Economic and Community
Development Director position. Hourly fees range from $195.00/hour for principals to
$75.00/hour for assistant level.
BAC:RJJ/cs
Attachment:
Urban Futures, Inc. Proposal
. URBAN
FUTURES
INCORPORATED Finance • Redevelopment • Implementation • Planning • Bond Administration
March 18, 2008
Fran Delach
Executive Director
Bruce Coleman
Economic and Community Development Director
The Redevelopment Agency of the City of Azusa
231 East Foothill Blvd.
Azusa, California 91702-1295
Re: Response to Request for Proposals for Financial Advisory and Redevelopment
Consulting Services
Fran and Bruce,
Urban Features Incorporated (UFI) is pleased to respond to the RFP issued for professional
financial advisory and redevelopment consulting services. We are uniquely qualified as a firm, to
provide all of the services needed by your Agency.,
As a full service firm, we can cover all of the financial related matters dealing with the upcoming
tax allocation bond financing, provide assistance with the general redevelopment projects and
provide staff as necessary for support services.
The professional staff at UFI are experienced in all matters related to redevelopment financing,
plan preparation, economic development, implementation and general management services.
We look forward to provide these services to The Redevelopment Agency of the City of Azusa,
as we helped form the Agency and its first project area in the 1970's.
Please contact us at 714.283.9334 if you have any questions.
Sincerely,
Marshall Linn
President
Crestview Corporate Center-3111 N.Tustin,Suite 230,Orange,CA 92865-1753
Tel: (714)283.9334 General E-Mail:Planning Ourbanfuturesinc com Fax:(714)283.9139
URBAN FJ'Q'iJRES,INC.
We arc a full serlrice municipal amsulting firm serving local gox-ernment
primarily in the State of Californin.
Sines 1972 we have helped many C:alifornin cities create a sound financial
foundation
URBAN
FUTURES
INCORPORATED
TABLE OF CONTENTS
EXECUTIVE SUMMARY ......................................................... i
TABLE OF CONTENTS....... .............. ..... 1
I. Qualifications and Experience.............................................2
2. Background and Experience of the Key Individuals ............4
3. Proposed Fee Schedule..................... .......... ............—6
4. Scope of Services...... ........... .....7
Exhibit A: Financing Schedule.........................................:.... 10
Exhibit B: Financing Transactions........................................ 11
Exhibit C. Case Studies ...........:........................................... 16
Exhibit D: Client References ................................................ 18
1
P o 0 0 -
Urban Futures, Inc.. (UFI) is a full service municipal consulting firm serving local
government primarily in the State of California. The firm was founded in 1972 and has
existed in its present form since 1974. It is the largest singularly owned, municipal
financial advisor/redevelopment consulting firm in the State. UFI is a closely held
California corporation located in the City of Orange, California. UFI currently employs 31
staff members.
Urban Futures offers public and private sector clients a wide range of specialized services
including financial advisory, planning, redevelopment, implementation and other public
financing services including compliance administration of first- time homebuyer and rental
programs. Services include:
Financial Advisory Fiscal Consultant Report Preparation
Continuing Disclosure Services Planning and Redevelopment/Plan Adoptions
Project Negotiations Redevelopment Implementation
Public Finance Services Single/Multifamily Compliance Administration
Leading Financial Advisor: UFI have been involved in over $10,000,000,000 worth of
transactions. Urban Futures, Inc. was the number one financial advisor in the
redevelopment finance industry in the State of California during calendar years 2004,
2005, 2006, and 2007 regarding the number of tax allocation bond issues completed. We
assisted more California redevelopment agencies, with their debt Issuance needs, than
any other financial advisor in California. For a full list of our redevelopment transactions
see Exhibit A.
Redevelopment Experience: UFI has served as financial advisor to dozens of cities and
redevelopment agencies throughout the State. In fact, UFI was the planning firm hired to
assist the Azusa Redevelopment Agency in establishing its initial Redevelopment Project
Area back in 1979. We have provided some of our references and encourage you to
contact them regarding the quality of our services. See Exhibit C for list of references.
UFI has been providing financial advisory services to California redevelopment agencies
for over 30 years. The firm's extensive experience with redevelopment agency finance and
especially our familiarity and experience with California Redevelopment Law help us
provide the best service to California agencies. UFI has experience using tax increment on
all of the following approaches to meet development objectives.
• Rated & insured tax-exempt tax allocation bonds;
• Rated & insured taxable and tax-exempt housing set-aside bonds;
• Non-insured tax allocation & housing set-aside bonds;
• Taxable & tax-exempt privately placed loans or notes with pledges of tax
increment, housing set-aside (and other available revenues of the agency);
• General . fund-backed lease revenue bonds with underlying reimbursement
obligations of the redevelopment agency to the city;
• Mello-Roos bonds issued to fund infrastructure with a direct pledge of tax
increment to off-set Mello-Roos tax burden or goal to refinance unrated Mello-Roos
2
bonds with rated tax allocation bonds when development occurs in the project
area;
• Combined project area and merged area financings;
• Conduit multifamily and single family revenue bonds with credit support from
housing set-aside or up-front contributions; and
• Derivative-based strategies for limiting risk and releasing value from past
transactions
Capabilities & Specialization: UFI's has extensive experience and capabilities in modeling
redevelopment revenue streams, structuring bond issues, preparing presentations for
rating agencies and preparing documents for the sale of securities. Potential issues and
impacts of identifying pledged revenues should be considered carefully, as structuring and
sizing have long term consequences. The bond indentures parity requirements will to a
certain extent limit the sizing of future bond issues and as such, proposed covenants
should be considered carefully. UFI specializes in security provisions (debt service
payments, maturity, timing and use of capitalized interest), interpreting legal and statutory
constraints, structural features and their effect on future bond issues, negotiating
structuring criteria imposed by rating agencies and identification of project area time and
monetary limitations. It may be of interest to know that Urban Futures prepares its own
Fiscal Consultant reports, which eliminates the need to hire an outside fiscal
consultant to prepare a Report of Tax Increment (resulting in a savings of
approximately $30,000).
If you consider UFI's proven track record and experience with tax increment financings, it's
proven history in the field of Financial Advisory services governed by its extensive
capabilities and specialization in municipal finance, you will agree that Urban Futures, Inc.
is the best qualified firm to assist the Agency. Urban Futures has a better understanding of
the needs.of municipalities than any other firm in the State.
Schedule: To best assist the Agency, UFI has included a proposed schedule developed
around the Agency's goal of closing on the bond financing before September 2008,
following the completion of the current Redevelopment Plan Amendment (See Exhibit A).
The attached schedule assumes no written objections or challenges are made. UFI does,
however, want to point out a few findings of concern within the Amendment schedule that
may delay the Amendment and subsequent financing. Our findings are as follows:
• The timeline for assumed between the date the statement of preparation is sent to
the Board of Equalization (dated Feb 21") typically requires a 60 day response
from the Board. The schedule in the RFP assumes this will be accomplished in
less than 60 days. This is possible, but its likely to occur at or after the 60 day
period.
• The time line between the transmittal of the Preliminary Report (dated March 41h)
and the Joint Public Hearing occurs prior to the mandatory 90 day review period .
pursuant to CCRL 33344.5. This finding may also delay the Agency's desired
schedule.
3
UFI staff is comprised of highly skilled professionals able to handle assignments ranging
from site-specific developer negotiations to community wide development strategies,
redevelopment plans, entitlement processing, financial advisement, affordable housing
programs, and economic development implementation strategies. Marshall Linn, Michael
Busch, Doug Anderson, Bill Kelly, Steve Dukett, and Eva Wolf represent the professional
staff who will be assigned to work with the Agency. Four of these professionals have been
with Urban Futures for over a decade. Other staff members will be used as necessary.
The background and experience of key personnel is detailed here:
MARSHALL F. LINN, President will oversee all aspects of the work performed for the
Agency. Mr. Linn has more than 38 years of municipal and private consulting experience.
Over the last 28 years Mr. Linn has specialized in the preparation and implementation of
more than 150 redevelopment plans. As a financial advisor, Mr. Linn has participated in
more than 500 bond issues, totaling well over ten billion dollars in tax exempt securities.
Education: Bachelor of Arts Degree and Master's Degree, Urban Planning, University of
Southern California.
MICHAEL P. BUSCH, Vice President will co-manage the financial aspects of the work
performed for the Agency. Michael joined Urban Futures in 2007 following a successful
career in municipal government. Mr. Busch's municipal career consisted primarily of
assistant/deputy city manager, finance, and project manager positions. As such, he has
extensive experience in strategic planning, municipal finance, economic
development/redevelopment, and project implementation leading to the issue of over$200
million in tax exempt debt offerings and implementation of several redevelopment and
infrastructure projects. Mr. Busch has a unique background having served as a planner,
finance director, city treasurer, deputy city manager and assistant city manager where he
has demonstrated experience in capital improvement plan development, developer
negotiations, development agreements, and capital project implementation. Mr. Busch has
served as the President of the Municipal Management Association of Southern California
(MMASC) and most recently as Chair of Cal-ICMA.
Education: Mr. Busch earned a Bachelor of Arts Degree from California State Polytechnic
University Pomona in Urban and Regional Planning. In addition, Mr. Busch has earned a
Master of Arts Degree in Public Administration from California State University Long
Beach with an emphasis in public finance and public works.
DOUGLAS P. ANDERSON, Vice President will provide significant analysis and input for
this engagement. He is particularly proficient in the compilation and composition of the
fiscal consultant report, a key component of the preliminary and final official statement for
redevelopment financings. In addition, Mr. Anderson is very familiar with the various
financial scenarios associated with California legislation (such as SB 211) that impact
redevelopment agencies.. He also has expertise in the areas of tax revenue analysis and
bond administration. He is responsible for the research and analysis necessary to
structure tax allocation bond issues, including tax increment revenue projections and
analysis of the revenue created by new development. Mr. Anderson has been with
Urban Futures since 1985.
4
Education: Mr. Anderson earned a Bachelor of Science Degree from San Diego State
University in Business Administration, with a.Finance emphasis.
WILLIAM (BILL) KELLY, Principal will co-manage all aspects of the economic
development, redevelopment, and planning of the engagement.
Mr. Kelly was the City Manager of the City of Arcadia and Executive Director of the
Redevelopment Agency for 14 years. He has also held positions of Deputy City Manager,
Director of Community Development, Director of Development Services, and Director of
Planning and Building for several California municipalities. He also has been Chair of the
LA County Emergency Medical Services Commission and Vice Chair of the California
State Attorney General's Advisory Committee on the California Law Enforcement
Telecommunication System.
Education: Bachelor of Science in City Planning from California State Polytechnic
University, Pomona, MPA from University of Southern California, and both an Executive
MBA and MA in Management from Claremont Graduate University, where he has also
taken Doctoral Studies in Executive Management.
STEVE DUKETT, Principal will have support responsibilities for the economic
development, redevelopment, and planning of the engagement.
Mr. Dukett specializes in the planning and implementation of redevelopment, economic
development, affordable housing, asset management, public, facility, infrastructure and
grant programs. Prior to joining the firm, he served as Redevelopment Director with six
Southern California cities and held a variety of management and professional positions
with the County of Los Angeles and its Community Development Commission. During his
career in the public development arena, Mr. Dukett has been involved with a variety of
public and private development projects with combined values of nearly $1 billion. Mr..
Dukett is a past Chairman of the Board for CALED and is the current Chairman of the
Board of Regents for the California Academy for Economic Development. During 2006 he
was selected as the "121h Golden bear", which is CALED's highest award for career
achievement in local economic development.
Education: Mr. Dukett received his Bachelor of Science degree from California State
University, Los Angeles.
EVA WOLF, Assistant Vice President will research and compile the financial and
statistical data necessary for any of the Agency's financing needs. Ms. Wolf provides
analytical support on various financing projects. Ms. Wolf is primarily responsible for
providing quantitative analyses on bond structuring and assisting clients with all aspects of
the sale process. Ms. Wolf is responsible for coordinating with the financing team to
ensure adherence to the financing schedule. She has served as a project manager and
closing coordinator on numerous financings for cities, redevelopment agencies and
counties. Ms. Wolf has been involved in all aspects of public finance, Including general
obligation bonds,- lease revenue obligations, special tax bonds, 1915 Act assessment
district bonds and tax allocation bonds. She has been with Urban Futures since 1995.
Education: Ms. Wolf earned a Bachelor of Science Degree from the University of
Redlands in Business Management.
5
The cost for the services requested by the Client for Financial Advisor shall be based on
the following fee schedule and other considerations:
Fee Bond Amt
1) $29,500 up to and including .......................$ 1,000,000
2) $32,500 up to and including....................... $ 2,000,000
3) $35,500 up to and including....................... $ 3,000,000
4) $38,500 up to and including ....................... $ 4,000,000
5) $41,500 up to and including........................ $ 5,000,000
6) $42,500 up to and including.......................$ 6,000,000
7) $46,500 up to and including ........................$ 7,000,000
8) $48,500 up to and including ........................$ 8,000,000
9) $50,500 up to and including ........................ $ 9,000,000
10) $52,500 up to and including .......................$10,000,000
11) $54,500 up to and including ....................... $11,000,000
12) $56,500 up to and including ........................ $12,000,000
13) $58,500 up to and including ........................ $13,000,000
14) $60,500 up to and including......................... $14,000,000
15) $62,500 up to and including ....................... $15,000,000
16) $64,500 up to and including ....................... $16,000,000
17) $66,500 up to and including ........................ $17,000,000
18) $68,500 up to and including ....................... $18,000,000
19) $70,500 up to and including .......................$19,000,000
20) $72,500 up to and including ........................$20,000,000
21) $74,500 up to and including .......................$21,000,000
22) $76,500 up to and including .......................$22,000,000
23) $78,500 up to and including .......................$23,000,000
24) $80,500 up to and including .......................$24,000,000
25) $82,500 up to and including .......................$25,000,000
For any single issue in excess of $25,000,000, the financial advisor fee will be $2,000 per
million over and above $25,000,000.
Such fee shall become payable only upon delivery by the City (or the legal entity or entities
issuing such bonds, notes or obligations) of such bonds. In addition, the Financial Advisor
shall be reimbursed for direct out-of-pocket expenses and for legal expenses, if a
competitive bid situation is called for, out of the proceeds from the financing.
In addition to the Financial Advisor's duties listed in the proposal, the City may wish to
engage the UR staff for other specific assignments or services. In these instances, the
staff of Urban Futures, Inc. will be available on an hourly fee basis. Urban Futures, Inc.
hourly compensation is as follows:
Principals $195.00
Senior Staff $160.00
Associate Staff $125.00
Assistant Level $ 75.00
6
REDEVELOPMENT FINANCING:
Our scope of services for a redevelopment financing includes (and is not limited to):
1. Prepare for the client a financing structure to accomplish the financing objective. This
analysis will include setting goals and objectives relative to the issuance of both
taxable or tax exempt debt.
2. Evaluate the feasibility of the project/financing to include project costs, cash flows, tax
increment flows and other revenue sources as applicable.
3. Prepare various tax increment scenarios of existing increment flows and projections
based on various growth assumptions for Client-issued debt.
4. Prepare the Financial Advisory Report for publication in the Preliminary Official
Statement and the Final Official Statement. (Urban Futures prepares its own Fiscal
Consultant reports eliminating the need to hire an outside fiscal consultant to
prepare a report of tax increment, resulting in a savings to the Client of
approximately$30,000.)
5. Evaluate the financing structure, to include debt service schedules; call features; bond
security; flow of funds; sources and uses of funds including costs of issuance;
underwriters discount and original issue discount; investment of bond proceeds; and
estimated positive and negative cash flow to the Client.
6. Verify tax increment revenue for the latest fiscal year;
7. Calculate and project tax increment revenue for the next five years;
8. Review and analyze five (5) years of historical assessed value and tax revenue
receipts for the Redevelopment Project Area;
9.. Describe in detail, the top ten (10) secured (and unsecured if material) taxpayers in the
Project Area;
10. Review of the Project Area's base year assessed value, including any possible
adjustments made by the County Auditor-Controller;
11. Complete analysis of the Project Area's redevelopment plan, including number of plan
years remaining, and any restrictive covenants, etc.;
12. Complete analysis of the Project Area in terms of current development activity, and
anticipated project development. This review will include on-site visits, which we feel
is a major and necessary part of our evaluation;
13. Thorough review of pass-throughs, disposition and development agreements, and
owner participation agreements for the Project Area, including subordination and other
restrictive language;
7
14. Review and verify current and past property tax revenue collections.
15. At the clients request, UFI can develop a strategy for negotiated or competitive
financings.. Currently, the market is not conducive to a competitive financing
structure. In fact, several deals have either failed to attract bidders in the open
market or have resulted in higher yield spreads when compared to negotiated
financings (ex. 2007 Palo Alto CFD Refunding and 2008 Buena Park TABS). To
assist with a negotiated financing structure UFI will work with the Agency and
Underwriter on market timing, yield spread, pricing, and marketing of the bonds.
Overall, this strategy creates effective and efficient financing model.
16. At the client's request, UFI is prepared to assist with the selection of bond counsel,
disclosure counsel, underwriters and other participants as necessary. Over its 34
years of experience, UFI has assisted several clients with selection of the financing
team. To assist the Azusa Redevelopment Agency UFl would propose the following
approach:
• Develop financing goals and objectives based on the clients needs
and timing
• Review current relationships with bond and disclosure counsels and
underwriter. With the client, evaluate the need for change if
necessary.
• Assuming a change in financing team is necessary, UFI would draft
proposal documents and solicited bids for negotiated and/or
competitive bond counsel, disclosure counsel, underwriter, and
trustee services
• Review and evaluate solicited bids against the clients established
goals and objectives
• Hold interviews, with desired client involvement, with qualified firms
meeting and/or exceeding the clients goals and objectives based on
evaluation on bid documents
• Recommend to the client most qualified firms to provide bond
counsel, disclosure counsel, underwriter, and trustee services
• Initiate negotiations with most qualified firms to determine best and
final proposals
17_ Work with client staff, bond counsel, disclosure counsel, underwriters, and other
participants, to review, prepare and advise on information contained in the
preliminary and final official statements, Indenture of Trust, fiscal agent agreement,
investment agreements, and other legal and disclosure documents and materials
required to facilitate the sale of the bonds.
18. Assist the client in the final closing of the financing.
19. Continue to update financing schedules and monitor market conditions including
interest rate "spreads" between various tax-exempt and taxable securities, up until
the actual marketing and pricing of the bonds.
8
20. Assist client staff, underwriters and other financing team members in working with
credit rating agencies and financial institutions, and prepare any presentation
materials and documentation for rating and credit reviews.
21. Conduct investor meetings on behalf of the Client if necessary.
22. After reviewing all bond documents including the Official Statement, Indenture of
Trust, and investment agreements, UFI will provide the client with a "Fairness
Opinion" relative to the proposed sale of bonds including the pricing structure,
interest rate levels, interest rate "spreads", reinvestment structures, costs of
issuance, underwriting and other investment banking fees.
23. Post-Bond Sale follow-up: Working with the Client's underwriter, prepare and furnish
the Client with a table of debt service which will include semi annual and annual
payments of principal and interest, table of sources and uses of funds from the
proceeds of the financing, and a complete cash flow analysis of the financing which
will "track" the flow of funds, investment earnings, pledged revenues, and debt
service payments.
ECONOMIC DEVELOPMENT.,
Our scope of services for a economic development includes (and is not limited to):
1. Review and analyze pro-formas on a needed basis as directed by the Agency
2. Prepare 33433 report as directed by the Agency
3. Assist and/or negotiate complex real estate DDA's and OPA's
4. Prepare cost benefit and tax increment analysis as necessary for special
development projects
5. Assist in the selection process for developers for specific projects
6. Develop cost effective low and moderate income housing projects
7. Develop and update on an annual, and go forward basis, the Agency's tax increment
model
8. Assist in the development and structuring of innovative housing programs
9. Be available for ongoing advisory services when needed
10. Provide interim staffing assistance as necessary
9
JULY 2008 REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
1 3 ,; , 5 TAX ALLOCATION BONDS
SERIES 2008
13 14 15 If, 17 18 m Financing Schedule
20 21 22 23 24 25 N (Asuming no written objections or challenges to the Plan Amendment)
27 26 19 30 31
City Council Meets on I" & 3`d Mondays
AUGUST 2008
1 �
s s Date Action Responsibility
3 4In 11 12 13 14 15 16 July 1 1 d' FY 08-09 Assessed Valuation reports are City/FA
17 18 19 20 21 22 23 received from L.A.County
24 05 26 27 25 29 311
July 15"' Distribute I"draft Bond Documents BC
31
SEPTEMBER 2008 July 21" City Council/Agency authorizes Finance Team City/RDA/FA .
2 1 3 4 5 6 to prepare financing and legal documents
7 :.R 9 10 II 12 13
July 22"d Distribute 1" draft of POS DC/UW/FA
14 I5 16 17 16 19 20
21 23 24 25 26 27 Aug. 4"' Meeting/conference call to discuss documents All
's 29 30
Aug. 6"' Distribute 2"d draft of Financing documents & BC/DC
OCTOBER 2008 2"d draft of POS
2 3 4
56 7 s 9 10 11 Aug. I Id' Distribute Credit Packages to Rating/Insurance UW/FA
12 14 IS 16 17 IS agencies
re zo 71 11 23 14 zs
Aug. 251i Financing Documents sent to City for City BC/DC
26 27 28 29 30 _3u_ Council Meeting on Sept I"
NOVEMBER 2008
1 Sept. 1" City Council /Financing Authority/ City/FA
2 3 -1 5 6 7 6 Commission approve financing documents
9 10 .11t" 12 13 14 15 Sept. 811, Print and mail POS to Investors DC/UW/FA
16 17 18 19 20 21 - 22
23 2477=7, lei: 2K 29 Sept. 2.3r1 Pre-Price Bonds UW/City/FA
30
Sept. 24"' Price Bonds UW/City/FA
Oct. 14" Pre-Closing All
FA: Financial Advisor Oct. 15"' Closing All
BC: Bond Counsel
DC: Disclosure Counsel
UW: Underwriter
10
0 a 0
Over the past five years, UFI has provided financial advisor services on over 150 financings.
For your review and information we are including a PARTIAL LISTING (sample) of various
financings to illustrate the depth and range of our experience.
Par Amount Closing
Issuer Issrte Description q/Issue Dale
Thousand Oaks Tax Allocations Bonds 2002 Newbury Road Redevelopment $4,295,000 2/5/2002
Bellflower Multi Housing Rev Bonds 2002A&B Bellflower Terrace Seniors 4/12/2002
Greenfield Tax Allocation Bonds Series 2002A and 2002E $4,005,000 4/18/2002
Pittsburg Tax Allocation Ref Bonds 2002 Los Medanos Community Dev $59,970,000 5/6/2002
Teliachapi Tax Allocation Notes 2002 Tehachapi Redevelopment $2,500,000 6/11/2002
Delano Sub Tax Allocation Ref Notes 2002 Delano Redevelopment Project $5,000,000 8/8/2002
Monterey Park Tax Allocation Bonds 2002 Atlantic-Garvey Redevelopment Proj $24,270,000 8/22/2002
Murrieta Tax Allocation Bonds Munieta Redevelopment Project $12,000,000 8/29/2002
Manteca Sub Tax Allocation Ref Bonds 2002 Manteca Meiged Project Area $30,765,000 9/12/2002
Cerritos Tax Allocation Rev Bonds 2002A&B Cerritos Redevelopment Projects $116,035,00 10/8/2002
Gonzales Tax Allocation Notes 2002 Gonzalez Redevelopment Project $1,250,000 1215/2007
Moorpark Multi Housing Revenue Bonds Vintage Crest Senior Apartments 12/12/2002
Imperial Tax Allocation Notes 2002 City of Imperial Redevelopment $4,000,000 12/19/2002
Ripon Tax Allocation Bonds,Issue of 2003 Ripon Community $6,320,000 5/13/200.3
L.emoore Tax Allocation Refunding Bonds Series Lemome Redevelopment Project $13,895,000 5/15/2003
2003
Upland Tax Allocation Refunding Bonds,Issue Upland Community $15,000,000 5/29/2003
of 2003
Calexico Tax Allocation Refunding Bond,Issue Merged Central Business District $16,120,000 6/1/2003
of 2003A
Calexico Taxable Tax Allocation Refunding Merged Central Business District $3,275,000 6/1/2003
Bonds,Issue of 2003B
Delano 2003 Tax Allocation Refunding Bonds, Delano Redevelopment Project $17,200,000 6/10/2003
Series A
Lancaster Subordinate Tax Allocation Refunding Combined Redevelopment Project $60,980,000 6/10/2003
Bonds, Issue of 2003
11
Par Amorurl C7osieg
Issuer Issoc Description ofIssrre Dale
Lancaster Subordinate Tax Allocation Revenue, Lancaster Residential, Anuugosa, $40,595,000 6/10/2003
Issue of 2003
Hughson Tax Allocation Notes Hughson Redevelopment Project $2,000,000 6/24/2003
Norco 2003 Tax Allocation Bonds Norco Redevelopment Project. $21,500,000 7/2/2003
Lancaster Multifamily Housing Revenue Bonds Series 2003A and Subordinate $51,500,000 9/20/2003
(Sunset Project)
Dinuba Tax Allocation Bonds, Issue of-2003 Merged City of Dinuba $7,500,000 10/23/2003
Upland Tax Allocation Notes, Issue of 2003 Town Center Redevelopment $1,500,000 10/30/2003
Gonzales Tax Allocation Refunding Bonds,Issue Gonzales Redevelopment Project $8,575,000 10/30/2003
Redlands Tax Allocation Bonds,Series 2003 A Redlands Redevelopment Project $17,300,000 11/25/2003
Calexico Tax Allocation Bonds,Issue of 2003C Merged Central Business District $8,600,000 12/9/2003
Ceres Tax Allocation Bonds,Issue of 2003 Ceres Redevelopment Project $15,305,000 12/16/2003
Lancaster Subordinate Tax Allocation Refunding Combined Redevelopment Project $18,080,000 12/19/2003
Bonds, Issue of 2003B
Lancaster Subordinate Tax Allocation Revenue Combined Redevelopment Project $16,560,000 12/19/2003
Bonds, Issue of 2003B
Banning Tax Allocation Refunding Bonds,Series Merged Downtown and Midway $14,095,000 12/23/2003
2003
Tehachapi Tax Allocation Notes Issue of 2004 $1,550,000 1/29/2004
Winters Tax Allocation Bonds,Series 2004 City of Winters Community $7,820,000 3/9/2004
Parlier 2004 Tax Allocation Bonds $5,920,000 5/27/2004
Parlier 2004 Subordinate Taxable Tax Allocation Notes $1,500,000 5/27/2004
Highland Tax Allocation Bonds,Series 2004A Highland Redevelopment Project $17,525,000 6/14/2004
Lemon Grove (Lemon Grove Redevelopment Project 2004 Tax Allocation Bonds $6,330,000 8/10/2004
Area)
Lancaster Multifamily Revenue Bonds Aurora Village II $14,465,101 8/18/2004
Grand Terrace Refundine Tax Allocation Bonds,Series Community Redevelopment $13,000,000 8/26/2004
2004
Highland Tax Allocation Bonds,Series 2004B Highland Redevelopment Project $3,690,000 9/7/2004
Lancaster Tax Allocation Refunding Bonds,Issue Lancaster Redevelopment Project $7,830,000 9/23/2004
of 2004
Blythe Tax Allocation Bonds Redevelopment Project No. 1 $17,500,000 10/6/2004
Series 2004
12
P(t Amornrl ClosL;g
Issuer Issue Descrrpllon of/sswe Drrle
Upland Tax Allocation Notes, Issue of 2004 Magnolia Redevelopment Paoject $5,0(1(000 11/9/2004
Corcoran Corcoran Industrial Sector Tax Allocation Bonds,Series $4,845,000 11/15/2004
Redevelopment Project
Lancaster SuboadinateTax Allocation Revenue Lancaster Residential, Ammgosa, $11,005,000 11/24/2004
Bonds. Issue of 2004B
Lancaster Subordinate Tax Allocation Bonds,Issue Combined Redevelopment Project $13,575,000 11/24/2004
of 2004(Taxable)
Manteca Amended Merged Project Area Tax Allocation(Housing Set $5,310,000 11/30/2004
Manteca Amended Merged Project Area Subordinate Tax Allocation Bonds $25,925,000 11/30/2004
Norco Norco Redevelopment Project Area No. (School District Pass-Through) $11,250,000 12/8/2004
One, Tax Allocation Refunding Bonds
Coachella Tax Allocation Revenue Refunding (Redevelopment Project 4) $9,785,000 12/14/2004
Bonds
Lancaster Tax Allocation Refunding Bonds Issue Combined Redevelopment Project $21,540,000 12/22/2004
of 2004
Lancaster Tax Allocation Refunding Bonds issue Combined Redevelopment Project $10,200,000 12/22/2004
of 2004
Lancaster Tax Allocation Refunding Bonds Issue Combined Redevelopment Project $5,135,000 12/22/2004
of 2004
Fillmore Revenue Bonds, 2005 Series A (Redevelopment Project Area) $13,225,000 2/16/2005
(Fillmore Redevelopment Agency- Central City)
Murrieta Murrieta Redevelopment Project No. I Tax Allocation Bonds $12,195,000 3/8/2005
Anderson (County of Shasta, California) Southwest Redevelopment Project $2,580,000 3/31/2005
Lindsay Tax Allocation Refunding Bonds,Issue Lindsay Redevelopment Project $4,700,000 4/14/2005
of 2005
Greenfield (County of Monterey,California) Subordinate Tax Allocation Notes, $13,210,000 6/8/2005
Greenfield Redevelopment Project
South El Monte Tax Allocation Bonds 2005 Series A (Merged Project Area) $8,900,000 8/10/2005
South EI Monte Tax Allocation Bonds 2005 Series B (Merged Project Area) $9,220,000 8/10/2005
(Taxable)
Temple City Rosemead Boulevard Redevelopment Tax Allocation Refunding Bonds $8,000,000 9/15/2005
Project
Lancaster Multifamily Housing Revenue Bonds 2005 Series A $11,000,000 9/22/2005
(Laurel Crest Apartments)
13
pm•Anrorrrtl Closing
Issuer I.ssne Description of Issue Dale
Lancaster Multifamily Housing Revenue Bonds (Aurora Village 11 Project)Serics $800,000 9/29/2005
Dinuba rax Allocation Rerunding Bonds, Issue Merged City of Dinuba $5,670,000 12/1/2005
of 2005
Ripon Ripon Community Redevelopment Tax Allocation Bonds,Issue of $5,660,000 12/1/2005
Project
Norco Redevelopment Project Atea No One 2005 Refunding Tax Allocation $17,245,000 12/7/2005
Manteca Amended Merged Project Area Variable Rate Subordinate Tax $50,760,000 12/13/2005
Imperial City of Imperial Redevelopment Project Tax Allocation Refunding Bonds, $9,055,000 12/14/2005
Tehachapi Tehachapi Redevelopment Project 2005 Tax Allocation Bonds $8,780,000 12/21/2005
Thousand Oaks Thousand Oaks Blvd Redevelopment 2005 Tax Allocation Refunding $56,240,000 12/222005
Project
Hughson Tax Allocation Refunding Bonds,Series (Hughson Redevelopment Project) $3,200,000 2/28/2006
2006
Gonzales Subordinate Tax Allocation Notes, Gonzales Redevelopment Project $9,540,000 5/24/2006
Series 2006
Imper ial Subordinate Tax Allocation Notes, Issue City of Imper ial Redevelopment $10,750,000 6/29/2006
of 2006
Fillmore Fiscal Consultant $38,970,000 8/10/2006
Cloverdale Tax Allocation Refunding Bonds,Series (Cloverdale Redevelopment) $21,465,000 /24/2006
2006
Brawley Brawley Redevelopment Project Area 2006 Tax Allocation Bonds $5,875,000 10/3/2006
No. I
Dinuba Tax Allocation Refunding Bonds,Issue Merged City Of Dinuba $17,270,000 10/18/2006
01`2006
Dinuba Subordinate Tax Allocation Notes,Issue Merged City Of Dinuba $7,000,000 10/18/2006
Of 2006
Lancaster Tax Allocation Bonds (School District Projects) $13,655,000 11/16/2006
Upland Tax Allocation Refunding Bonds,Issue Community Redevelopment $15,000,000 11/20/2006
of 2006
Blythe Tax Allocation Bonds Series 2006 $5,100,000 11/21/2006
Imperial Special Tax Bonds,Series.B CFD 2004-3,Bratton Development $5,130,000 11/30/2006
Greenfield Tax Allocation Bonds,Series 2006 County of Monterey,California $29,810,000 1215/2006
Manteca Amended Merged Project Area Subordinate Tax Allocation Bonds $22,675,000 12/14/2006
14
PnrAntounl Closnrg
Issuer Issue DescrrPlron of Issue Dale
Calexico Tax Allocation Refunding Bonds, Issue Merged Cenhal Business District $9,995,000 12/21/2006
01'2006
Lancaster Tax Allocation Revenue Bonds, Issue of Lancaster Residential, Fox Field, $25,660,000 12/21/2006
2006
Moorpark 2006 Tax Allocation Bonds MomparkRedevelopment Project $11,695.000 12/21/2006
Ceres Tax Allocation Refunding Bonds, Issue Ceres Redevelopment Project $36,645,000 12/21/2006
of 2006
South GI Monte 2007 Tax Allocation Bonds 2007 Series A (Taxable) (Merged $10,270,000 3/8/2007
Lindsay 2007 Tax Allocation Bonds Lindsay Redevelopment Project $7,880,000 3/29/2007
Banning Tax Allocation Bonds Merged Downtown&Midway $29,965,000 5/15/2007
Lemon Grove 2007 Tax Allocation Bonds Lemon Grove Redevelopment $13,830,000 6/6/2007
Ripon Tax Allocation Refunding Bonds Issue of 2007 $20,395,000 6/7/2007
Winters Tax Allocation Bonds,Series 2007 City of Winters Community $11,470,000 6/14/2007
Highland Tax Allocation Bonds,Issue of 2007 Highland Redevelopment Project $42,645,000 6/28/2007
Mwrieta Tax Allocation Bonds Issue of 2007 Munieta Development Project $31,610,000 7/24/2007
Upland Variable Rate Demand Housing Refunding Revenue Bonds $18,000,000 8/1/2007
Colton POB -Taxable Pension Funding Bond Series 2007 $31,149,400 8/8/2007
Soledad Tax Allocation Bonds Series 2007 A&B Soledad Redevelopment Project $13,440,000 8/8/2007
Redlands 2007 Housing Set Aside Tax Allocation Bonds $4,640,000 8/30/2007
Cloverdale Subordinate Tax Allocation Bonds Series 2007 $6,155,000 9/11/2007
15
e e -
Case Study No. 1
� �kIlEen,c9��� Aaency: Manteca Redevelopment Agency
rpulau to 0a ? Proiect Areas: The Agency has four (4) project subareas,
including two original project areas and additional territory
added by two project area amendments. All areas were
* ' =+ ¢ subsequently merged into one merged Project Area.
Financings: The Agency has issued over $140 million of taxable
and tax-exempt tax allocation bonds and notes dating back to 1987, both before and
after merging the project areas into one merged Project Area.
Notable Financing Structure: The Manteca Financing Authority has issued bonds
under the Marks-Roos Local Bond Pooling Act, for the purpose of acquiring Bonds
issued by Project Area No. 1 and Project Area No. 2 (prior to the merger of those
Projects). The Agency was able to utilize this financing structure to strengthen its
credit capacity and reduce issuance costs by selling the one pooled issue, as
opposed to two separate financings.
Services provided by UFI: Urban Futures, Inc. has provided financial advisor and
fiscal consultant services to Manteca on all City, Agency and Authority bond issues
dating back to 1987. In addition, UFI planning staff has prepared all of the Agency's
redevelopment plans, and the merger of the plans including the addition of new
territory.
Case Study No. 2
Co.O/ Agency: Dinuba Redevelopment Agency
IrffAf i� �' `d
Project Areas: The Agency has seven (7) project subareas,
including two original project areas and additional territory added by five project area
amendments. All areas have been merged into one merged Project Area.
Financings: The Agency has issued over $70 million of taxable and tax-exempt tax
allocation bonds and notes dating back to 1989, both before and after merging the
project areas into one merged Project Area.
Notable Financing Structure: The Dinuba Redevelopment Agency has successfully
used the issuance of short term, interest-only tax allocation notes to leverage future
tax increment provided by large development projects, including a Best Buy
distribution warehouse and a "super' Wal-Mart.. Insured, AAA tax allocation bond
issues were then issued after the development was completed to retire the short
term debt.
16
Services provided by UFI: Urban Futures, Inc. has provided financial advisor and
fiscal consultant services to Dinuba on all City, Agency and Financing Authority bond
issues dating back to 1989. In addition, UR planning staff has prepared all of the
Agency's redevelopment plans, including the merger of the plans which also added
new territory. UFI is currently processing a plan amendment to add new territory to
the merged Project Area.
17
e D
Jeff Allred, City Manager Joe Hughes, City Manager
CITY OF NORCO CITY OF HIGHLAND
2870 Clark Avenue 27215 E. Baseline Street
Norco, CA 92860 Highland, CA 92346
(951) 735-3900 (909) 864-8732
David Lane, City Manager Leon Compton, City Manager
CITY OF CALIMESA CITY OF RIPON
908 Park Ave 259 North Wilma Avenue
Calimesa, CA 92320 Ripon, CA 95306
(909) 795-9801 (209) 599-2108
Glenn Southard, City Manager Robb Quincey, City Manager
CITY OF INDIO CITY OF UPLAND
100 Civic Center Drive 460 North Euclid Avenue
Indio, CA 92201 Upland, CA 91785-0460
(760) 391-4000 (909) 931-4102
Rick Daniels, City Manager Marlene Best, City Manager
CITY OF DESERT HOT SPRINGS CITY OF IMPERIAL
65950 Pierson Boulevard 420 South Imperial Avenue
Desert Hot Springs, CA 92240 Imperial, CA 92251
(760) 329-2072 (760) 355-4373
Enrique Martinez, City Manager Edward Todd, City Manager
CITY OF REDLANDS CITY OF DINUBA
35 Cajon Street, Suite 30 405 E. EI Monte Street
Redlands, CA 92373-1505 Dinuba, CA 93618
(909) 798-7510 (559) 591-5904
18
Additional References/Clients
REDEVELOPMENT AGENCIES/CITIES AND INSTITUTIONAL
CLIENTS THAT URBAN FUTURES, INC. HAS SERVED (part I)
Adelanto Dinuba
Alameda County Dinuba Redevelopment Agency
Anderson Redevelopment Agency Downey
Apple Valley Duarte
Arroyo Grande Duarte Redevelopment Agency
Artesia Redevelopment Agency Economic Development Corporation-Southwest
Arvin Irrigation District Riverside County
Azusa EI Centro
Bakersfield EI Monte, Downey, San Jacinto Housing Finance
Baldwin Park Agency
Banning Redevelopment Agency Encinitas
Barstow Escondido,Chula Vista Housing Finance Agency
Bell Gardens Exeter
Belmont Farmersville
Big Bear Lake Fillmore
Big Bear Redevelopment Agency Firebaugh
Blythe Firebaugh Redevelopment Agency
Blythe Redevelopment Agency Folsom
Brawley Fort Bragg
Brawley Redevelopment Agency Fountain Valley
Brisbane Fowler
Buena Park Fresno
Calabasas Fresno County
Calexico Garden Grove
Calexico Community Redevelopment Agency Glendora
California Statewide Community Development Gonzales
Authority(CSCDA) Grand Terrace
Calimesa Greenfield Redevelopment Agency
Calipatria Gridley Redevelopment Agency
Camarillo Hanford
Carson Hawaiian Gardens
Cathedral City Hesperia Redevelopment Agency
Cathedral City Redevelopment Agency Highland
Ceres Highland Redevelopment Agency
Cerritos Holtville
Clovis Hughson
Coachella Huntington Beach
Coalinga Huntington Park
Colton Huntington Park Redevelopment Agency
Colton Joint Powers Authority Indio
Colton Redevelopment Agency Industry
Commerce Kings County .
Concord La Verne
Corona Lafayette
Costa Mesa Redevelopment Agency Lancaster
Covina Lancaster Housing Authority
Covina Redevelopment Agency Lancaster Redevelopment Agency
Covina,Rancho Cucamonga,Calexlco,Downey Lawndale
Housing Finance Agency Lemoore
Crescent City Lemoore Redevelopment Agency
Cudahy Lindsay
Delano Lindsay Redevelopment Agency
Delano Redevelopment Agency Livermore
Desert Hot Springs
19
REDEVELOPMENT AGENCIES/CITIES AND INSTITUTIONAL CLIENTS
THAT URBAN FUTURES, INC HAS SERVED (part ll)
Livingston Rocklin
Loma Linda Rosemead
Los Angeles County Sacramento County
Los Angeles, City San Bernardino
Los Angeles, County San Bernardino County
Los Banos San Buenaventura -
Manhattan Beach San BuenaventuraCovina Housing Finance
Manteca Agency
Manteca Redevelopment Agency San Diego County
March Joint Powers Authority (Military Base San Diego County Housing Authority
Reuse) San Diego,City
Maywood San Dimas
Mendota San Fernando
Merced San Francisco
Montebello San Jacinto
Montebello Redevelopment Agency San Juan Capistrano
Montebello Oxnard Housing Finance Agency San Juan Capistrano Redevelopment Agency
Monterey Park San Leandro
Moorpark San Luis Obispo,City
Moorpark Redevelopment Agency San Luis Obispo,County
Moreno Valley San Marcos
Morgan Hill Santa Ana
National City Santa Paula
Needles Shasta Utility District
Norco Simi Valley
Norco Redevelopment Agency South EI Monte
Oceanside Southern California Home Financing Authority
Ontario (SCHAFA)
Ontario Local Redevelopment Authority Stanislaus County
(Military Base Reuse) Stanton
Ontario Redevelopment Agency Stanton Redevelopment Agency
Orange Susanville
Orange County Temple City
Orange County Redevelopment Agency Thousand Oaks
Oxnard Union City
Palmdale University of La Verne
Paramount Upland Redevelopment Agency
Parlier Upland
Pasadena Vallejo
Pasadena Community Development Com. Ventura
Phoenix,Arizona Victor Valley Economic Development Authority
Pico Rivera (Military Base Reuse)
Pismo Beach Victorville
Pittsburg Vista
Pomona Walnut
Pomona Redevelopment Agency Walnut Improvement Agency
Port Hueneme Covina Housing Finance Agency West Covina
Rancho Cucamonga Westminster
Rancho Palos Verdes Westminster Redevelopment Agency
Redlands Redevelopment Agency Winters Redevelopment Agency
Redlands Winton
Redondo Beach Winton Irrigation District
Reedley Yorba Linda
Rialto Yucaipa
Rio Vista
Rio Vista Redevelopment Agency
Ripon
Riverside County
20
U
- CH(IFOR�bP' .
CITY OF AZUSA
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
MONDAY,MARCH 17,2008—9:33 P.M.
The Board of Directors of the Redevelopment Agency of the City of Azusa met in regular
session at the above date and time in the Azusa Auditorium, 213 E. Foothill Blvd.,Azusa CA.
Chairman Rocha called the meeting to order. 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 CONSENT CALENDAR consisting of Items E-1 through E-3,was approved by motion of Consent Cal.
Director Carrillo,seconded by Director Gonzales and unanimously carried. Approved
t. Minutes of the regular meeting of March 3, 2008,were approved as written. Min approved
2. Approval was given for Amendment No.2 to the professional services contract with Terry Amend #2
A. Hayes &Associates (TAHA) to Increase services; the contract was Increased from Terry A Hays
- $146,425.00 to$158,825.00;and the Executive Director was authorized to execute the &Associates
City's standard professional services agreement amendment.
3. Resolution was adopted and entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Res. 08-1114
CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY Warrants
FUNDS,
SPECIAL CALL ITEMS Spec Call Items
None. None
It was consensus of the Redevelopment Agency Board Members to adjourn.
Adjourn
TIME OF ADJOURNMENT:9:34 P.M.
SECRETARY
NEXT RESOLUTION NO. 08-RIS.
V
cghFonr`�.
AGENCY CONSENT ITEM
TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS
FROM: MARCENE HAMILTON, REDEVELOPMENT AGENCY TREASURER
DATE:. APRIL 7, 2008
SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURER'S STATEMENT OF
CASH BALANCES FOR THE MONTH OF FEBRUARY 2008
RECOMMENDATION
It is recommended that the Agency Members receive and file the Agency Treasurer's Statement of
Cash Balances for the Redevelopment Agency of the City of Azusa for the month of February
2008.
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 February 2008. Agency investments are
made in accordance with the Redevelopment Agency Investment Policyapproved and adopted
with Resolution No. 07-R18 dated June 18, 2007, and Government Code Section 53601 .
Investment activity is summarized in the "Treasury Book Balances-Cash and Investments"
schedule, attached herewith and an integral part of this report.
In February, Agency cash and investment balances increased by$23,440.76. Cash received during
the month totaled $985,893.85, and debt service disbursements of $962,453.09 were made.
The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and
investments of$15,175,770.91, Wells Fargo Bank, the fiscal agent, held $7,591,377.36 on behalf
of the Agency. These funds are restricted for payment of debt service on the bonds and special
bond-funded projects. The remaining $7,584,393.55 was available for Agency operating, debt
service, restricted expenses, and outstanding liabilities.
FISCAL IMPACT
The balance of cash and investments and projected revenues for the next six months is expected
to be sufficient to meet cash disbursement requirements for at least the next six months.
Prepared by: Roseanna J.Jara,Sr.Acct.-Redeveiopment
MH:RJI/cs
a
CITY OF AZUSA REDEVELOPMENT AGENCY
AGENCY TREASURER'S STATEMENT OF CASH
AND INVESTMENT COST BALANCES
FEBRUARY 2008
Beginning Cash Balance $15,152,330.15
(All Restricted and Unrestricted Accounts & Investments)
Receipts (All Sources) 985,893.85
Disbursements (962,453.09)
Ending Cash Balance' $15,175,770.91
(All Restricted and Unrestricted Accounts & Investments)
Marcene Hamilton, Agency Treasurer
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES-CASH AND INVESTMENTS
FEBRUARY 2008
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 $2.128,630.80 FDIC up to$100.000.00 Ongoing 0.000% $2.128,630.80
>$100,000 collatedzed by 110%in govn'1 secudtles
Securities-Federal Home Loan Note No Limit 0.00 Backed by faith 8 credit of Federal Home Loan Bank(FHLB) 02/27/09 0.000% 0.00
Local Agency Investment Fund(LAIF) $20.000,000.00 5,455,762.75 Backed by faith 8 credit of the Stale of California Ongoing 4.161% 5,459,467.84
SUBTOTAL CASH AND INVESTMENTS
HELD BY AGENCY TREASURER: $7,584,393.55 $7,586,098.64
Interest Collections: $42,000.00
CASH AND INVESTMENTS HELD BY FISCAL AGENT
2003 Merced Project Tax Allocation Bonds
2003A Special Fund
AIM Gov't Portfolio No limit 26,306.85 Investments in direct obligations of the U.S.Treasury Ongoing 2.920% 26.306.85
2003A Interest Account
AIM Gov't Portlollo No limit 70.84 Investments in direct obligations of the U.S.Treasury Ongoing 2.820% 70.84
2003A Principal Account
AIM Govt Portfolio No limit 300.56 Investments In direct obligations of the U.S.Treasury Ongoing 2.990% 300.58
AIG Matched Funding Corporation No limit 1.085,192.59 Guaranteed Investment Agreement 0729/23 4.780% 1,085,192.59
2003 Merged Project Tax Allocation Bonds Subtotal: $1,711,87086 $1,111,870.86
Interest Collections: $154.38
2005 Merged Project Tax Allocation Bonds
2005 Special Fund
Wells Fargo Advantage GoVt Mmkt No limit $1.024.37 N/A Ongoing 2.730% $1,024.37
2005 Interest Account
Wells Fargo Advantage GoVI Mmkt No limit 44.71 N/A Ongoing 2.240% 44.71
2005 Redevelopment Fund
AIM Gov't Portfolio No limit 9.35 Investments in direct obligations of the U.S.Treasury Ongoing 2.820% 9.35
AIM Institutional Pdme-Cash MgmVMMk No limit 787,713.25 N/A Ongoing 3.320% 787713.25
2005 Reserve Account
MBIA Flexible Draw Investment Agreement No limit 869,710.38 Guaranteed Investment Agreement 08101/34 4.765% 869,710.38
2005 Merged Project Tax Allocation Bonds Subtotal: $1,658,502.06 $1,658,502.06
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES-CASH AND INVESTMENTS
FEBRUARY 2008
Maximum
Deposits Cost Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value'
Interest Collections: $3.052.28
2007 Merged Project Tax Allocation Bonds
2007A Band Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $0.62 NIA Ongoing 0.000% $0.62
2007A Interest Account
Wells Fargo Advantage 100%Treasury Mmk1 No limit $139.74 N/A Ongoing 2.150% $139.74
2007A Redevelopment Fund
Wells Fargo Advantage 100%Treasury Mmkl No limit $4,487.328.18 N/A Ongoing 2.150% $4.487,328.18
2007A Cost of Issuance Account
Wells Fargo Advantage 100%Treasury Mmkt No limit 1,457.38 N/A Ongoing 2.130% 1,457.30
20078 Bond Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $7,000.05 NIA Ongoing 2.160% $7,000.05
20078 Interesl Account
Wells Fargo Advantage 100%Treasury Mmkt No limit $35.97 NIA Ongoing 2.780% $35.97
20078 Reserve Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit 325,042.50 NIA Ongoing 2.150% 325,042.50
2007 Merged Project Tax Allocation Bonds Subtotal: $4,821,004.44 $4,821,004.44
Interest Collections: $11,979.93
SUBTOTAL CASH AND INVESTMENTS
HELD BY FISCAL AGENT: $7,591,377.36 $7,591,377.36
Total-Azusa Redevelopment Agency -
Cash and Investments: $15,175,770.91 $1$,179,476.00
Total Interest Collections: $57,186.59
Source of Market Value Information:
Wells Fargo Corporate Trust,Trustee
Local Agency Investment Fund(LAIF)
Wells Fargo Institutional Securities
Tax Allocation Bond Data Is based on Trusteegeneraled Statements:bond funds listed
herein are resMcted 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 sold.
h�OF,gl� i
CONSENT CALENDAR
TO: THE HONORABLE CHAIRPERSON AND MEMBERS OF THE BOARD
FROM: F. M. DELACH, CITY MANAGER lI 7
DATE: APRIL 7, 2008 ��9"
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH JENNIE DE FAZIO FOR RETAIL
CONSULTING SERVICES FOR THE AZUSA REDEVELOPMENT AGENCY IN AN
AMOUNT NOT TO EXCEED $48,000
RECOMMENDATION:
It is recommended that Agency Board authorize its Executive Director to execute a
Professional Services Agreement with Ms. Jennie De Fazio for retail consulting services for
the Azusa Redevelopment Agency in an amount not to exceed $48,000.00.
BACKGROUND:
Ms. De Fazio is credited with brokering Target's decision to locate in Azusa. She is
uniquely qualified to provide these services to the redevelopment agency and is
considered one of the top retail consultants in the nation with extremely close ties to
national credit tenants the city/agency is attempting to attract to the City. Ms. De
Fazio will not be working on any one redevelopment project, but rather, will market
the city's many development opportunities that continue to be vacant including
restaurant space at Foothill Center, excess retail space next to Starbucks in the
downtown, assisting Lowe Enterprises in meeting their retail commitments, etc.
Given the downturn in the national economy and retailers hesitance of being in an
expansion mode, Ms. De Fazio's talents and connections will be critical to the City's
large development agenda on its current plate. This is also one of various steps in
backfilling the talent needed in-house to replace the current Community and
Economic Development Director and Planning Director.
FISCAL IMPACT:
Funding for this professional services agreement will be paid for through salary savings
incurred as a result of the vacancies in the Planning Department and Redevelopment
agency. Ms: De Fazio's hourly rate is $80.00 and the professional services agreement
will not exceed $48,000.
[INSERT NAME]
[INSERT ADDRESS]
Re: Letter of Agreement for retail consulting services
Dear Ms. De Fazio:
This letter shall be our Agreement regarding the retail consulting services
described below ("Services") to be provided by Ms. Jennie De Fazio ("Contractor") as an
independent contractor to the City of Azusa for the City's retail consulting services ("Project").
The Services to be provided include the following: citywide retail consulting
services to identify and retain specific retail shopping outlets in various city redevelopment
projects such as Foothill Shopping Center, Block 36, Downtown North, etc.
Contractor shall perform all Services under this Letter of Agreement in a skillful
and competent manner, consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California, and consistent with all applicable
laws. 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 term of this Agreement. Compensation for the above services shall be based on
the actual amount of time spent in adequately performing the Services, and shall be billed at the
hourly rate(s) of$80.00. However, unless expressly agreed in writing in advance by the City, the
cost to the City for the Services shall not exceed$48,000.00.
Contractor is aware of the requirements of California Labor Code Section 1720, et
and 1770, et SeMc., as well as California Code of Regulations, Title 8, Section 1600, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the
Services are being performed as part of an applicable "public works" or "maintenance" project,
as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more,
Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide
Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement
of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for
each craft, classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Contractor's principal place of business and at
the project site. Contractor shall defend, indemnify and hold the City, its elected officials,
officers, employees and agents free and harmless from any claim or liability arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws.
Contractor shall provide proof of commercial general liability and automobile
insurance to the City in amounts and with policies, endorsements and conditions required by the
City for the Services. If Contractor is an employer or otherwise hires one or more employees
during the term of this Project, Contractor shall also provide proof of workers compensation
coverage for such employees which meets all requirements of state law. Invoices shall be
submitted to the City monthly as performance of the Services progresses. City shall review and
pay the approved charges on such invoices in a timely manner. Services on the Project shall
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begin immediately and be completed by September 30, 2008, unless extended by the City in
writing. The City may terminate this Letter of Agreement at any time with or without cause. If
the City finds it necessary to terminate this Letter of Agreement without cause before Project
completion, Contractor shall be entitled to be paid in full for those Services adequately
completed prior to the notification of termination. Contractor may terminate this Letter of
Agreement for cause only.
Contractor shall defend, indemnify and hold the City, its officials, officers, employees,
agents and volunteers free and harmless from any and all claims, demands, causes of action,
expenses, liabilities, losses, damages and injuries to property or persons, including wrongful
death, in any manner arising out of or incident to any alleged negligent 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 or this Agreement,
including, without limitation, the payment of all consequential damages, attorneys fees and other
related costs and expenses.
If you agree with the terms of this Letter of Agreement, please indicate by signing
and dating where indicated below. An original, executed copy of this Letter of Agreement is
enclosed for your records.
CITY CONTRACTOR
Approved by: Reviewed and Accepted by Contractor:
F.M. Delach Signature
City Manager
Approved as to Form: Name
Title
Best Best & Krieger LLP
City Attorney
Date
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