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HomeMy WebLinkAboutAgenda Packet - April 21, 2008 - CCAGENDA CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM 213 EAST FOOTHILL BOULEVARD AZUSA CITY COUNCIL JOSEPH R. ROCHA MAYOR KEITH HANKS COUNCILMEMBER URIEL E. MACIAS COUNCILMEMBER MONDAY, APRIL 21, 2008 6:30 P.M. ANGEL CARRILLO MAYOR PRO -TEM ROBERT GONZALES COUNCILMEMBER NOTICE TO THE PUBLIC Copies ofstaffreports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection at the City Library. Persons who wish to speak during the public Participation portion of the Agenda, shall fill out a card requesting to speak and shall submit it to the City Clerk prior to the start of the City Council meeting When called, each person may address any item on or off the agenda during the public participation. CLOSED SESSION 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. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Gov. Code Sec. 54956.9 (a)). Redevelopment Agency of the City of Azusa v. Martin G. Habern et.al. Los Angeles Superior Court BC388145. 3. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956 8) Property Address: 809 N. Azusa Avenue, Azusa, CA 91702 Negotiating Parties: Robert H. Harbin, 111 Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment Any person wishing to comment on any of the Closed Session items listed above may do so now. 7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL. • Call to Order • Pledge to the Flag • Invocation — Pastor Julie Best of the Church of the Nazarene CEREMONIAL 1. Certificates of Participation to the winning schools in the Beverage Container Recycling Contest from October 2007 to February 2008. A. PUBLIC PARTICIPATION (PersonlCroup shall be allowed to speak without interruption up to five (5) minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes time.) B. REPORTS, UPDATES, AND ANNOUNCEMENTS I . Request of Mayor Rocha for proclamation honoring Mr. and Mrs. Chagolla on the celebration of their 50" Wedding Anniversary. 2. Request of Councilmember Macias for Certificates of Recognition to the entities who donated services and materials to provide improvements to the Azusa National Little League field as follows: DMC Construction, AC Plumbing, New Wires Electric, Vulcan Materials, and Azusa Light & Water. The Certificates will be presented at the May 5`h Council Meeting. 3. Request of Councilmember Macias for a letter of appreciation to be sent to Cal -Trans, to the attention of Doug Failing, in appreciation for the work they have done in the City. 4. Request for Proclamation for National Day of Prayer on May 1, 2008, to be presented to the Azusa Ministerial Association and Azusa Pacific University. 5. Request for Proclamation for Jesus Is Lord church in celebration of its 14"' Anniversary. 04/21/08 PAGE TWO 6. Update on Covina Irrigating Company (CIC) proposed waterline easement on private property within the city limits. C. SCHEDULED ITEMS 1. BID AWARD FOR PAVEMENT MANAGEMENT PROGRAM -YEAR 5 IMPROVEMENTS, PROM NO. 07-06. RECOMMENDED ACTION: Award a contract to Sully -Miller Contracting Co. for the "Pavement Management Program -Year 5 Improvements, Project No. 07-06" in the amount of $2,059,793.00. 2. APPROVE PURCHASE AND SALE AGREEMENT FOR 819 N. ANGELENO AVENUE. RECOMMENDED ACTION: Approve the Purchase and Sale Agreement for 819 N. Angeleno Avenue. ADOPTION OF A RESOLUTION IN SUPPORT OF THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA CLEAN WATER CLEAN AIR SAFE NEIGHBORHOODS AND COASTAL PROTECTION BOND ACT OF 2002 AND THE WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 AND THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY FLOOD CONTROL RIVER AND COASTAL PROTECTION BOND ACTION OF 2006 (PROPOSITION 84) FOR THE VAZQUEZ CONSERVATION, EDUCATION AND RECREATION CENTER ACQUISITION PROIECT. RECOMMENDED ACTION: Adopt Resolution No: 08-C33. D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Councilmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPEC/AL CALL /TEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF APRIL 7. 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, NOTICE OF COMPLETION PAINTING OF THE LIGHT/SAFETY STANDARDS IN DOWNTOWN AREA. RECOMMENDED ACTION: Approve the Notice of Completion for the painting of the downtown light/safety standards as completed by Bithell Inc. in the amount of $14,230.00 and authorize staff to file the Notice of Completion with the Los Angeles County Clerk. 4. WARRANTS. Resolution authorizing payment of warrants by the City. RECOMMENDED ACTION: Adopt Resolution No. 08-C34. 04/21/08 PAGE THREE CONVENE AS THE REDEVELOPMENT AGENCY E. 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 SPECIAL CALL ITEMS. 1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF APRIL 7 2008. RECOMMENDED ACTION: Approve Minutes as written. WARRANTS. Two resolutions authorizing payment of warrants by the Agency. RECOMMENDED ACTION: Adopt Resolution Nos. 08-R18 and 08-1119. F. ORDINANCES/SPECIAL RESOLUTIONS SECOND READING AND ADOPTION OF PROPOSED ORDINANCE APPROVING ZONING ORDINANCE AMENDMENT ZCA-226 AND Z-2007-01 FOR THE DALTON -FOOTHILL MQ(ED USE DEVELOPMENT APPLICATION (PUBLIC HEARING HELD APRIL 7 2008) RECOMMENDED ACTION: Waive further reading and adopt Ordinance No. 08-01, as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING DEVELOPMENT CODE CHANGE NO. ZCA-226 AND Z-2007-01 TO CREATE THE DOWNTOWN NORTH DALTON OVERLAYZONE IN THE 700 BLOCK OF N. DALTON AVE. AN URGENCY ORDINANCE ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 TEMPORARILY PROHIBITING THE ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS. RECOMMENDED ACTION: Consider any public comments, waive further reading and, read by title only, introduce and adopt Ordinance No. 08-02, to establish a temporary ban on massage businesses. AN URGENCY ORDINANCE ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 TEMPORARILY PROHIBITING THE ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS. G. ADIOURNMENT 1. Adjourn. UPCOMING MEETINGS: 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) In compliance with the Americans with Disabilities Act, if you need special assistance to Participate in a city meeting, please contact the City Clerk at 626-812-5129. Notification three (3) working days prior to the meeting when special services are needed will assist staffin assuring that reasonable arrangements can be made to provide access to the meeting. 04/21/08 PAGE FOUR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, DIRECTOR OF PUBLIC WORKS f VIA: F. M. DLLACH, CITY MANAGER DATE: APRIL 21, 2008 SUBJECT: BID AWARD FOR PAVEMENT MANAGEMENT PROGRAM —YEAR 5 IMPROVEMENTS, PROJECT NO. 07-06 RECOMMENDATION: It is recommended that the City Council award a contract to Sully -Miller Contracting Co. for the ."Pavement Management Program —Year 5 Improvements, Project No. 07-06" in the amount of $2,059,793 00. BACKGROUND: i In November 2002, the;City Council approved a comprehensive "Pavement Management Plan" with the objective of restoring 100% of the street network to "excellent condition" over a 10 -year time frame. the plan earmarked 85% of the street network being restored to ,.excellent condition" within the first 5 years and the remaining 15% restored to "excellent condition" in years 6-10. Our methodology for street restoration entailed dividing the city into grids (19) and performing rehabilitation on 2-4 grids per year. We have already completed years # 1, #2, #3 and #4 of the Pavement Management Plan and now have 75% of our street network in "excellent condition". Upon completion of year #5 of the "Pavement Management Plan" we will have 85% of our local street network in "excellent condition". At the March 3, 2008 City Council meeting the City Council approved the contract documents and project specifications which were included with the staff report. Included with this staff report are the Bid Proposal Documents as submitted by the low bid contractor, Sully -Miller Contracting Company On April 15, 2008, the'City of Azusa opened bids for the Pavement Management Plan —Year 5 Improvements, Project No. 07-06. There were eight responding bidders. The bidders in their ascending order of cost are as follows: 1. Sully -Miller Contracting Co. $2,059,793.00 2. Hardy& Harper, Inc. $2,096,260.50 3. Mobassaly Engineering, Inc. $2,261,367.60 4. All American Asphalt $2,312,879.80 5. Gentry Bros., Inc. $2,355,860.50 6. Silvia Construction, Inc. $2,356,104.75 7. Ruiz Engineering Co. $2,589,358.90 8. Copp Contracting, Inc. $2,632,245.40 Staff recommends award of bid to the low bidder, Sully -Miller Co. in the amount of $2,059,793.00. Originally it was estimated that the project would cost approximately $2,100,000. Although asphalt prices along with other materials have escalated, the shortage of development work has offered the opportunity for competitive pricing. In the Year 4 Project costs had risen by approximately 7%, but this contract will be at a 16% lower rate, allowing more coverage within the budget. The costs proposed by the eight contractors for full width grind with two inch asphalt overlay ranged from $.92 per square foot to $1 .06 per square. foot. The Pavement Management Plan takes a "holistic" approach to street rehabilitation. In actuality, the "Pavement Management Plan" restores the entire neighborhood. Our methodology involves the following tasks be performed prior to street rehabilitation; trimming of trees within the affected neighborhood grid, necessary tree root removals, sidewalk repair, curb and gutter repair, driveway approach repair, street patching, and other distress correction. Once these preliminary tasks have been completed, we follow up with street repair that involves one of the following corrective strategies; asphalt overlay of two inches in thickness, two inch asphalt alley pavement replacement, or thick slurry seal. V gutters are replaced in alleys where required, manhole and valve covers are raised, and less distressed areas receive fog seal. We have selected (4) grids for rehabilitation in Year #5 of the Pavement Management Plan. This year's work, which is scheduled to begin in May, will include resurfacing of over 10 miles of streets and alleys. The general geographical boundaries of the grids selected for Year #5 are as follows: Cerritos Avenue to the east, Azusa Avenue to the west, south of the 210 Freeway and north of the City Limits. Year #5 of the Pavement Management Plan represents approximately 3.5 million square feet of pavement correction and represents almost 20% of our total street and alley network. EXHIBITS: A. Bid Proposal Documents B. Year 5 Map FISCAL IMPACT: The adopted 2007-08 Capital Improvement Budget allocated $2,100,000 for this project, $600,000 from general fund, $320,000 from gas tax fund, and $1,180,000 from the utility mitigation fund. YEAR City of Azusa PAVEMENT MANAGEMENT PROJECT NO. 07-06 PLAN :AL BID PROPOSAL. FOR PAVEMENT MANAGEMENT PROGRAM YEAR 5 HYPROVEMENTS PROPOSAL - TO THE. CITY COUNCIL, CITY OF AZUSA, CALIFORNIA The undersigned bidder hereby proposes to furnish all labor, material, equipment, tools and services necessary to perform all work required under the City's Specifications entitled: "CONTRACT DOCUMENTS AND SPECIFICATIONS PAVEMENT MANAGEMENT PROGRAM YEAR 5 IMPROVEMENTS PROJECT NO. 07-06 in accordance with the intent of said Specifications, Drawings and all Addenda issued by said City prior to opening of the proposals. Said bidder agrees that, within 10 calendar days after date of written Notice of Award of the Contract by said City, he will execute a contract in the required form, of which the Notice Inviting Bids, Instructions to Bidders, Proposal, Specifications, Drawings and all Addenda issued by said City prior to the opening of proposals, are part, and will secure the required insurance and bonds; and that upon failure to do so within said time, then the proposal guarantee furnished by said bidder shall be forfeited to said City as liquidated damages for such failure; provided, that if said bidder shall execute the Contract and secure the required insurance and bonds within said time, his check, if furnished shall be returned to him within 5 days thereafter, and the Bid Bond, if furnished, shall become void. Said bidder further agrees to complete all work required underthe Contract within the time stipulated in said Specifications, and to accept in full payment therefore the price named in the Bidding Schedule. I am aware of the provisions of Section 3700 of the Labor Code which requires everyemployer to be insured against liability for Workmen's Compensation or to undertake self-insurance in accordance with such provisions before commencing the performance of the work of this Contract_ Dated: APRIL 10, 2008 SULLY -MILLER CONTRACTING COMPANY P-1 CALIFORNIA AL ACKNOWLEDGEMENT i STATE OF CALIFORNIA COUNTY OF ORANGE I On April 11, 2008 before me, J. Daniels, Notary Public, personally appeared Gary Downey who proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the eew++e+�++e.oeeeeee..oe.+e++we+,++001,0 instrument the person(s) or the entity upon behalf of t J. DANIELS t which the person(s) acted, executed the instrument. COMM # 1510017 D LU NOTARY PUBLIC• CALIFORNIAITI I certify under PENALTY OF PERJURY under the laws of Q ORANGE COUNTY the State of California that the foregoing paragraph is true $ IM Commission E"Ira Sept 24, 2008 and correct. WITNESS my hand and "official seal Signature . Daniels, Notary Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Bid Proposal -Signature Page Document Date: April 10 2008 Number of Pages: Signer(s) Other Than NamediAbove: Capacity(ies) Claimed by Si,gner(s): i Signer's Name Gary Dowdey Signer's Name ❑ Individual Fx Corporate Officer— Title(s) ❑ Partner — Limited/General Attorney In Fact Trustee ❑ Guardian or Conservator ❑ Other Assistant Secretary Right Thumbprint of Signer Individual Corporate Officer — Title(s) E] Partner — Limited/General Attorney In Fact ❑ Trustee Guardian or Conservator ❑ Other Signer is Representing: SULLY -MILLER CONTRACTING COMPANY Right Thumbprint M TOTAL BID PRICE IN WORDS (ITEMS I THROUGH 7) ( rds) n -1fire4Z polICAr� Bidder, s Initials All applicable sales taxes, and/or Federal taxes, and any other special taxes, patent right, or royalties are included in the prices quoted in this proposal. TOTAL BASE BID PRICE is for all labor services, materials, tools, equipment, supplies, transportation, and all other items and facilities necessary to complete the work specified in this Contract. P-2 BID PROPOSAL FOR PAVEMENT MANAGEMENT PROGRAM YEAR 5 I11IPROVEMCNTS ITEM ESTIMATED UNIT TOTAL NUMBER OUANTITY UNIT DESCRIPTION PRICE PRICE 1 1,762,000 S.F. 2" thick Asphalt Overlay and full width gr nd SOL -- 2 772,270 S.F. Type 11 Slurry Sea] t (;LA� I I t 690 4 SCS 3 121,000 S.F. 2" thick Asphalt incl. grading k I 6 MZJ , — and removals in Alley 4 6,050 L F. PC C. V gutter in Alleys lei ;�) U9, B 2 cl,D 5 883,000 S. F. Fog Sea] 6 200 -E.A. Raise manhole covers to grade. 2LI=r�,— 7 200 EA. Raise valve'covers to zrade 59—,—`OI y00' — TOTAL BID PRICE IN WORDS (ITEMS I THROUGH 7) ( rds) n -1fire4Z polICAr� Bidder, s Initials All applicable sales taxes, and/or Federal taxes, and any other special taxes, patent right, or royalties are included in the prices quoted in this proposal. TOTAL BASE BID PRICE is for all labor services, materials, tools, equipment, supplies, transportation, and all other items and facilities necessary to complete the work specified in this Contract. P-2 BID PROPOSAL FOR PAVEMENT MANAGEMENT PROGRAM YEAR 5 FY2ROVEMENTS The City reserves the right to delete any bid item and increase or decrease the estimated quantities that will serve the City's bests interest. It is understood that the foregoing quantities are approximate only and are solely for the purpose of facilitating the comparison of bids, and that the Contractors compensation will be computed upon the basis of the actual quantities in the complete work, whether they be more or less than those shown. SULLY—MILLER CONTRACTING COMPANY COMPANY (714) 578-9600 TELEP14ONF # P-3 1 =.,117:71! LIST OF MATERIAL AND EQUIPMENT MANUFACTURERS The undersigned bidder understands and agrees that the City may consider this Bid incomplete unless the Bidder names a manufacturer/supplier for each item of equipment in the following list. The City may at its discretion reject any bid whose list is incomplete or improperly compiled. Not more than one manufacturer/supplier shall be named for each item of equipment. The undersigned Bidder hereby agrees that, after submission of this Bid, a change will not be made in the following listing of manufacturers/suppliers and will not award a contract or agreement of any kind to a manufacturer not listed below for the listed items of equipment unless such change, award, or agreement is first approved in writing by the City according to the provisions of the Contract Documents pertaining to substitutions and equals. The manufacturers/suppliers named below produce the listed items of equipment which comply with the requirements of the Contract Documents, and the undersigned Bidder will furnish and install the complying equipment of the manufacturers/suppliers named in the following list SCHEDULE OF MANUFACTURERS item Description Manufactuxei I�Sphck4crlal, 1 m Bidder's Initial PROPOSAL LIST OF SUBCONTRACTORS The Bidder is required to furnish the following information ( in accordance with the provisions of Sections 4100 to 4114, inclusive of the Public Contract Code of the State of California and any amendments thereto) for each Subcontractor performing more than O.Sv of the Total Base Bid. ,Do not list alternative subcontractors for the same work. Name under Which Subcontractor Licensed License Number Address & Telephone Number of Office, Mill or Shop Specific Work Description to be Performed by Subcontractor i12 s17 2 furan L o �i�a % tlfcca 11A ( CA eaOW Jo Bidder' s Initials t r P-5 loaf] CONTRACTOR'S EQUIPMENT The undersigned Bidder is licensed in accordance with the laws of the State of California: License Dumber 747612 , Class A The following is a list of all major items of construction equipment and vehicles available to the Bidder which the Bidder believes to be necessary or essential to the completion of the project: Item Lease/Owned Date/Year Item Lease/Owned-Date/Year Item Item Lease/Owned of Manufacturers of Manufacturers Condition Bidder's Initials_ P-6 BID BOND FORM' KNOW ALL MEN BY!THESE PRESENTS, i That Sully -Miller Contracting Com an as Principal, and LibertY Mutual Insurance Com an as Surety, are held and firmly bound unto the City of Azusa hereinafter called "City" in the sum of: TEN PERCENT OF AMOUNT BID dollars, (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves our heirs, executors, administrators, successors, and assigns, jointly and severally, fircdly by these presents. WHEREAS, said Principal has submitted a bid to said City to perform all work required under the City's Specifications entitled: "CONTRACT DOCUMENTS AND SPECIFICATIONS FOR THE Pavement Management Program Year 5 improvements" PROTECT NO. 07-06 NOW THEREFORE 'if said Principal is awarded a contract by said City, and, within the time and in the manner required under the heading "Instructions toBidder's" bound with said Specifications, enters into a written contract nt bound with said Specifications and furnished on .the form of Agreemethe required insurance and required bonds, one to guarantee faithful performance and. the other to guarantee payment of labor and materials, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event si uit is brought upon this bond by said City and judgment is recovered, said surety shall pay all costs incurred by said City in such suit incl�din.g a reasonable attorney's fee to be fixed by the court. { Su11 'Mille Contractin Com an Liberty Mutual Insurance Company Pr, Surat Surat By I1/ BY Its M e Ed a es. Its victoria M Campbell Attor v -In -Fact By By Its Ca D Ass cretJ4�p ^re` signatures this bond must be acknowledged before notar; publics, a legally;su icient power of attorney must be attached to the bond to verify the au ority of any party signing on behalf of a surety. P-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On April 11, 2008 before me, J. Daniels. Notary Public, personally appeared Gary Downey & Mike Edwards 99eeee9seeeeeeeeeoe000eeoeeeeeeeeeeeµe z. D.ANM-S a: COMM # 1510017 m W@MY NOTARY POBUC•CALRANIA D QORANGE COUNTY s cummi skn Erplros SepL21 i00A ii� 40N0>e>ep p>9o9e944eNee4eeeeNeee eeHeej Notary Seal Description of Attached Document Title or Type of Document: Bid who proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a d official seal Signature %ywa —� J. Danie s, Notary Public OPTIONAL Document Date: April 8, 2008 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s►: Signers Name Gary Downey Signer's Name Mike Edwards ❑ Individual F-] Individual �X corporateOffcer- Title(s) Assistant Secretary Ex Corporate Officer - Title(s) Vice President Partner-Limited/General F� Partner - Limited/General Attorney In Fact Trustee Guardian or Conservator Other Signer is Representing Right Thumbprint of Signer Attorney In Fact Trustee Guardian or Conservator Other SULLY -MILLER CONTRACTING COMPANY Right Thumbprint of Signer CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ' On April 8, 2008 before me, Kim Heredia, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Victoria M. Campbell , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheiF authorized capacity(ies), and that by his/her/theif signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS /my hand and official seal.. ' SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER I TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES APR 0 8 2008 DATE OF DOCUMENT Liberty Mutual Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE. KIM HEREDIA COMM. #1757050 n co NOTARY PUBLIC - CALIFORNIA -.( m ORANGE COUNTY C p My Comm. EGG July 14, 2011 `J�r,YYYV_ WITNESS /my hand and official seal.. ' SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER I TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES APR 0 8 2008 DATE OF DOCUMENT Liberty Mutual Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE. THIS -POWER OF ATTORNEY IS NOT VALID UNLESSITIS PRINTED ON RED BACKGROUND.v- This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to . the extent herein:stated. LIBERTY MUTUAL INSURANCE COMPANY - - - - - BOSTON,MASSACHUSETTS' - - - - r. POWER OF ATTORNEY"- - - - 'kNOW ALL PERSONS. BY THESE PRESENTSi That Liberty Mutual Insurance Company. (the 'Company'), a Massachusetts stock insurance - company, pursuant to and by authority of.the-By Isw`and. Authorization hereinafter set forth, does hereby name, constitute and appoint - TERESA I. JACKSON, NOEMI QUIROZ, VICTORIA M. CAMPBELL, -LISA. CLARK, KIM_HEREDIA ALL OF THE CITY OF: IRVINE; STATE CALIFORNIA...::" .... ...... ............... .... ......................................... eachindividually if there be rnorethan--one named, its true and lawful attorne.yi.in-fact to make, execute,seal, acknowledge and deliver; for and on its . behalf as surety and as its act and deed;, ani and. all undertakings, bonds recognizancesend other surety obligations in the penal sum not exceeding ONE "HUNDRED MILLION AND 00/100. *--*****...*.**•**** `DOLLARS' $ 100,000,000.00***** ( - ` - )each; and the execution of such undertakings bonds recognizances:artd other surety obligations, mpursuance of `these presents. .shall be as binding upon the Company as: if they had been duly signed bythe president and attested by the-secietary of the Company -in their own proper persons... That this power is made and executed pursuanfto and by authority of, the following By-law and Authoriisfon; . .. _ ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.`Any officer of theCompanyauthorized for that purpose in writing by the chairman or the president and subject to such. limitations as the chairman or the: president may prescribe; shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make,- execute, seal, acknowledgeand deliver, as surety any and all undertakings, bonds, recogniiances and other surety obligations. Such. afforneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their" signature and execution of any such instruments and to attach thereto the seal of the Company.: When so executed. such instruments shall be. as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president. has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article;Xlll Section 5 of the -By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act inbehalfof the Company to make, execute, seal, acknowledge and -"deliver as surety any and air undertakings, bonds, recogniiances and other surety obligations: That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF,. this Power of Attorney has. been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual InsuranceCompanyhas beenaffixed thereto in Plymouth Meeting, Pennsylvania this 25th day of, - - September 2007_ - - - LIBERTY MUTUAL INSURANCE COMPANY 1� ^_ - - - - - Garnet W. Elliott, Assistant Secretary - ^ COMMONWEALTHOF PENNSYLVANIA ss - - - On this 26th day of that he is "an, Assistant Power of Attorney and a IN TESTIMONY WHF firstabove written. d I, the undersigned, Assista—M-9scrret is a full, true and correct copy, is in said power of attorney is an Assists All, Section 5 of the By-laws of Libr 2007.; before me, a Notary Public, personally came Garnet W. Elf ott,'to me known, and acknowledged. mrty Mutual Insurance Company; that he knows the seal of said corporation; and .that he executed the above rate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day.and year. . CWAM0NWEALTHiJFPeNSYLVAMA .. 7ly 616=01 v'k B.. e+,*^cu�+.T*a,rAar+aomey Caxny Ter sa PAstsila, Nota Public: - .} rhyCdivaKsiin Expires Mac 2B,10C9 ':- ._ _. Notary ...._.. _ � Na,riter, Aa+mijlvanla Asaccatlon of Ndtadee' )f Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing. forceand effect onthe pate of this certificate; and:I do further Certify that the :officer or official who executed the ecretary specially authonzed,by the chairman or the president to appoint attorneys -in -fact as provided in Article Autual Insurance Company. ._ - - This certificate and the above power of attomeymay be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any as secretary of the company, whereverappearingupon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this A P R n R inna day of By r r - �-"- Davi M. Carey, AssiBf nk'creta ry E a 0 M C o LM y o to w o= > a m m ma yC N £ co E N w co 0 Ooo 0, to h r I I i PROPOSAL i i INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. If requested by the City, the bidder shall furnish a notarized financial statement, references, and other information, sufficiently comprehensive to permit an appraisal of his current financial:condition. 1. Address 1100 E. ORANGETHORPE A 2, Telephone 714-578-9600 3. Type of Firm:: Individual { ) Partnership( ) Corporation (g) 4. Corporation organized under the laws of the State of DELAWARE 5. Contractor'sLicense: State CA License No. 747612 A 6. Contractor'slLicense: Expiration Date MARCH 31, 2010 �. Names and Titles of all officers of the firm: ** PLEASE SEE'ATTACH D LIST OF CORPORATE OFFICERS ** i 4 B. Number of years of experience in projects of this type 85 YEARS 9. Three projects of this type recently completed: I Contract Type of Date Name and Telephone Amount Project Completed Number of Owner A *** PLEASE SEE ATTACHED EXPERIENCE & QUAIFICATIONS *** B. I C. 10_ Person who inspected site of work for yourfirmate : APRIL 9, 2008 JESSE REYES ! D ESTIMATOR i CERTIFICATE OF INCUMBENCY AND RESOLUTION I, Dave Martinez, do hereby certify that I am the President of Sully -Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And I do hereby further certify that the following persons are duly elected officers of said corporation. TITLE NAME Chairman of the Board James Weeks President Dave Martinez Chief Financial Officer/Treasurer & Tim P. Orchard Vice President Vice President Bob Stone Vice President Mike Edwards Secretary Anthony Martino Assistant Secretary George Aldrich Assistant Secretary Mary Lawson Assistant Secretary Gary Downey I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on April 25, 2005, and that this resolution has not been in any way rescinded, annulled, or revoked but the same is still in full force and effect: "(AUTHORITY TO EXECUTIVE BIDS AND CONTRACTS) Resolved, that any officer or assistant officer of this Company be and each of them is hereby authorized to execute in the name and on behalf of this Company under its corporate seal any and all proposals for the sale of products, merchandise and services of this Company and any bids and performance bonds required in connection therewith, to the United States, and of the State, territories and dependencies of the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the department, politicalsubdivisions, agencies or wholly-owned corporations thereof, or to any other person." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 7`t' day of April 2008. Dave Martinez, President (SEAL) Sully -Miller Contracting Company 1100 E. Orangethorpe Avenue, Ste. 200 Anaheim, Ca. 92801 . J.L SLILLY-MILL-ER CONTRACTING CO. BIDDER'S EXPERIENCE AND QUALIFICATIONS Project Name/Number: PACIFIC ELECTRIC INLAND TRAIL PHASES 2 & 3 / 27653C Start and Finish Dates. 3/07 TO 1/08 Project Description: R/R CONCRETE/AC - LANDSCAPE/IRRIGATION - SIGNALS - STRIPE - UTILITIES Agency Name: CITY OF RANCHO CUCAMONGA Contact Person: Contact Person: WALTER STICKNEY Telephone: 909-477-2740 Project Name/Number.' Project Value: $3,424,780 Project Name/Number: MARQUARDT AVENUE / 27689C AC GRIND / OVERLAY - ASPHALT REPAIR - MINOR CONCRETE REPAIR Start and Finish Dates: 7/2007 TO 9/2007 Contact Person: Project Description: R/R CONCRETE - AC ON FABRIC - ADJUST UTILITIES Project Value: $362,462 Agency Name: LOS ANGELES COUNTY DEPT. OF PUBLIC WORKS Contact Person: EMIL KURLYAND Telephone: 626-458-3166 Project Value: $183,915 Project Name/Number: ALPACA STREET IMPROVEMENT PROJECT / 27699C Start and Finish Dates: 8/2007 TO 11/2007 Project Descr/ption: R/R CONCRETE & ASPHALT - STRIPING - ADJUST UTILITIES Agency Name: CITY OF SOUTH EL MONTE Contact Person: GEORGE CASTILLO Telephone: 562-682-3620 Project Value: $135,000 Project Name/Number: REHABILITATION OF LA MIRADA BLVD. / 27664C Start and Finish Dates: 5/2007 TO 9/2007 Project Description: ARHM / AC PAVING, CONCRETE WORK - LOOP DETECTORS / SIGNALS Agency Name: CITY OF LA MIRADA Contact Person: GARY SANUI Telephone: 562-943-2385 Project Value: $2,164,089 Project Name/Number.' i CSULB PARKING LOT 13 REPAIR - REPAVE / 27694C Start and Finish Dates: 7/;2007 TO 8/2007 Project Description: AC GRIND / OVERLAY - ASPHALT REPAIR - MINOR CONCRETE REPAIR Agency Name: CALIFORNIA STATE UNIVERSITY, LONG BEACH Contact Person: ENRIQUE ROBLES. Telephone: 562-985-4175 Project Value: $362,462 Updated February 2008 SULLY-M1I..I-ER . CON -FRAC -LING C.O. BIDDER'S EXPERIENCE AND QUALIFICATIONS Project Name/Number: ORANGE LINE - CANOGA STATION PARK AND RIDE / 25568C Start and Finish Dates: 3/2006 TO 1/2007 Project Description: NEW TRANSPORTATION STATION INCLUDING AC PAVING AND CONCRETE WORK Agency Name: Contact Person: Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person, METROPOLITAN TRANSPORATION AUTHORITY GHULAM SHAIKH Telephone: 818-262-6300 Project Value: $13,732,500 SOUTH COAST PLAZA PARKING LOT 7/2006 TO 10/2006 COMPLETE REMOVE AND REPLACE OF PARKING LOT, CONCRETE CURB & GUTTER, LOOP DETECTORS, AND STRIPING SOUTH COAST PLAZA ROBERT THOMAS Telephone: Project Value: Project Name/Number: RESIDENTIAL STREET REHABILITATION WORK / 26573C Start and Finish Dates: 2/2006 to 8/2006 714-546-0110 $3,100,000 Project Description: ASPHALT CONCRETE OVERLAY AT VARIOUS LOCATIONS CITYWIDE Agency Name: CITY OF WEST COVINA Contact Person: OSCAR CAPLIN Telephone: 626-939-8445 Project Value: $1,512,463 Project Name/Number: BERTH 401-406 BACKLAND IMPROVEMENTS / 25567C Start and Finish Dates: 1/2006 to 4/2006 Project Description: ASPHALT AND CONCRETE PAVING / SITE IMPROVEMENT PROJECT Agency Name: PORT OF LOS ANGELES Contact Person: KEN HARBOR Telephone: 310-831-5389 Project Value: $3,386,333 Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: 195TH STREET IMPROVEMENT/ 25506C 5/2005 to 11/2005 MEDIAN ISLAND and STREET REPAIRS CITY OF CERRITOS VIC MASAYA Telephone: 562-916-1231 Project Value: $742,488 Updated February 2008 2 r � SLILLY-MILLER CONTRACTING CO. BIDDER'S EXPERIENCE AND QUALIFICATIONS I Project Name/Number: MALL PARKING LOT IMPROVEMENTS / 25492C Start and Finish Dates: 3/2005 to 10/2005 Project Description: REI AIR and PLACE NEW AC PAVING and STRIPE PARKING STALLS Agency Name: CITY OF TEMPLE CITY Contact Person: JAN ICE STROUD Telephone: 626-285-2171 Project Value: $894,012 Project Name/Number: HELLMAN AVENUE STREET IMPROVEMENTS / 24477C Start and Finish Dates: 6/2004 to 11/2005 Project Description: STREET RECONSTRUCTION PROJECT Agency Name: CITY OF ROSEMEAD Contact Person: KEN RUKABINE Telephone: 562-908-6262 Project Value: $1,067,429 Project Name/Number: HbLGATE AREA STREET REHABILITATION AND WATER MAIN / 24446C Start and Finish Dates: 3/2004 to 6/2005 Project Description: STREET REHABLITATION AND WATER MAIN REPLACEMENT Agency Name: CITY OF LA HABRA Contact Person: CHUCK STEPHAN Telephone: 562-905-9720 Project Value: $3,566,942 Project Name/Number: PIER 400 BACKLANDS PHASE 2 / 23301C i Start and Finish Dates: 4/2003 to 8/2004 Project Description: TRANSTAINER FACILITY, GRADING, PAVING, UNDERGROUND, CONCRETE. PROJECT FINISHED ON TIME - EXTRA DAYS FOR EXTRA WORK ONLY Agency Name: PORT OF LOS ANGELES Contact Person: MAHMOUD IRSHEID Telephone: 310-732-3525 Project Value: $31,332,000 Project Name/Number: PHANTOM WEST STREET IMPROVEMENT / 82803C Start and Finish Dates: 12/ 2002 to 8/ 2003 Project Description: UNDERGROUND, ASPHALT REHAB, CURB & GUTTER, COLD MILLING Agency Name: CITY OF VICTORVILLE Contact Person: MARK MILLER Telephone: 760-955-9158 Project Value: $4,994,840 Updated February 2008 1 3 Si ILLY -MILLER CONTRACTING; CO. BIDDER'S EXPERIENCE AND QUALIFICATIONS Project Name/Number: start and Finish Dates., Project Description: Agency Name: Contact Person: Project Name/Number: start and Finish Dates: Project Description: Agency Name: Contact Person: ARROW HIGHWAY - LIVE OAK AVENUE PHASE II / 22273C 11/ 2002 to 8/ 2003 AC GRIND OVERLAY — NEW MEDIANS & DECORATIVE CONCRETE CITY OF IRWINDALE KWOK TAM Telephone: 626-430-2212 Project Value: $4,654,815 PIER 400 CONTAINER TERMINAL / 21130C 1/ 2001 to 9/ 2002 BACKLAND IMPROVEMENTS, PHASE I PORT OF LOS ANGELES MAHMOUD ISHEID Te%phone: 310-732-3525 Project Value: $87,645,073 PROJECTS INVOLVING HEAVY STORM DRAIN, SEWER AND WATER IMPROVEMENTS Project Name/Number: DOUGLAS PARK STREET IMPROVEMENTS AND INFRASTRUCTURE / 26595C Year of Project: 2006 Project Description: INFRASTRUCTURE - SEWER, WATER, STORM DRAIN Agency Name: BOEING REALTY CORPORATION Contact Person: STEVE GARIS Telephone: 562-593-4730 Project Value: $11,256,510 Project Name/Number: PORTOLA SPRINGS AND MODJESKA / 25534C Year of Project. 2005 Project Description: SEWER, WATER, STORM DRAIN IMPROVEMENTS Agency Name: IRVINE COMMUNITY DEVELOPMENT COMPANY Contact Person: BILL MARTIN Telephone: 714-734-8100 ProjectValue: $8,625,847 Updated February 2008 4 CONTRACTOR'S LICENSE DECLARATION (Bu'siness and Professions Code Section 7028.15) i The undersigned declares that he or she is ASSISTANT SECRETARY (Title) G CONTRACTING COMPANY (Bidder), Name 1. Contractor Is;Lidense Number: 747612 A State CA 2. Contractor's !License Classification: A 3. Expiration date of Contractor's License: MARCO 31, 2010 , dA 4. Bidder acknowledges that Section 7028.1S(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license appears clearly on the bid, the license expiration date is stated and the bid contains a statement that the representationstherein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the, public agency." The undersigned declares under penalty of perjury that the forgoing is true and correct. i Executed on APRIL 10 20 08 at ANAHEIM, CA. (Insert city and state where signed) SULLY -MILLER CONTRACTING COMPANY Name of Company P-9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On April 11, 2008 before me, J. Daniels. Notary Public, personally appeared Gary Downey who proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the e0Ng090NNNN0g0 DNA00*4�N�6x e4e.N4044 instrument the person(s), or the entity upon behalf of COI'MIN1.5EILOSO17 T� which the person(s) acted, executed the instrument. Pu W NCTAPY C•CUFoflNbl I certify under PENALTY OF PERJURY under the laws of ORANGE 1 - Q ORANGECOUNTY . My Commission Expires Sept. 2/,2008 the State of California that the foregoing h is true bbbObenee a+eN4g44494YN444gMNgqN 9 9 p ara ra 9 P and correct. WITNESS my han an official seal Signature r' ( e J. Daniels, Notary Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Contractor's License Declaration Document Date: April 10, 2008 1Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Gary Downey Signer's Name Individual ❑ Individual FX Corporate officer—Title(s) ' Assistant Secretary F� Corporate Officer — Title(s) ❑ Partner—Limited/General Attorney In Fact Trustee ❑ Guardian or Conservator Other Signer is Representing: Right Thumbprint of Signer ❑ Partner — Limited/General ❑ Attorney In Fact Trustee Guardian or Conservator E] Other SULLY -MILLER CONTRACTING COMPANY Right Thumbprint of Signer City of Azusa Pavement Management Program Year 5 Improvements Project Number 07-06 ADDENDUM NO. 1 ACKNOWLEDGEMENT The undersigned contractor hereby agrees that their bid. reflects the information contained in the color maps of the streets and alleys in areas no's 1, 2, 10, and 13 scheduled for 2" overlay, slurry, or fog seal per the contract documents and that Addendum No. 1, dated April 8, 2008, is made a part of the contract documents. SULLY-MILLER;CONTRACTING COMPANY Owner i SULLY—MILLER�CONTRACTING COMPANY Company APRIL 10, 2008 Date This acknowledgement must be signed, dated, and included with the sealed bid for the Pavement Management Program Year 5 Improvements, Project # 07-06 f TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, DIRECTOR OF PUBLIC WORKS VIA: F. M. DELACH, CITY MANAGER DATE: APRIL 21, 2008 SUBJECT: APPROVE PURCHASE AND SALE AGREEMENT FOR 819 N. ANGELENO AVENUE RECOMMENDATION: It is recommended that the City Council approve the Purchase and Sale Agreement for 819 North Angeleno Avenue. BACKGROUND: Recently the City Council authorized staff to pursue the purchase of a residential property at 819 N. Angeleno Ave. ;The property is directly north of the City's Public Works Yard. It is approximately 7,500 square feet in land area with a two-bedroom home of approximately . 1,200 square feet with: a detached garage. It is staff's intention to purchase the property to add space to the City Yard. Last August the property was for sale at $439,000 and this past winter it went back up for sale at $330,000. The property is currently in foreclosure and staff has offered the seller $250,000. If the bank,that is foreclosing on the property approves of the short sale with the City for $250,000 it will be sold pending the approval of the City Council and an appraisal that values the property of at least $250,000. EXHIBITS: Purchase and Sale Agreement FISCAL IMPACT: $250,000 from the City's Transportation Prop C funds APR -01-2006 10:12 GOLDEN EMPIRE MTG R3 9093730701 P.03i13 CALIFORNIA c A L f FO R N 1 A RESIDENTIAL PURCHASE AGREEMENT L ASSOCIATION AND JOINT ESCROW INSTRUCTIONS Of R E A L T O R S du For Use With Single Family Rrrsldent al Property — Attached of Detached (C.A.R. Form RPA -CA, Revised 1(06) Date March 26. 2008 , at AEU SA , California. 1. OFFER: A. THIS IS AN OFFER FROM Ci v of Aruna CBuyer"). B. THE REAL PROPERTY TO BE ACQUIRED is described as 819 North Angeleno Ave Aausa Assessor's Parcel No. situated in Agana , County of _____ los nageleeq , California, ("Property'). C. THE PURCHASE PRICE offered Is ^`ro H ori d Fif iZliQuisand Dollars $ 250, 000, 00 D. CLOSE OF ESCROW shell occur on (date) (or ❑ Days After Acceptance). 2. FINANCE TERMS: Obtaining the loans below is a contingency of this Agreement unless: (1) either 2K or 2L is checked below; or (IQ otherwise agreed In writing. Buyer shall act diligently and in good faith to obtain the designated loans. Obtaining deposit, down payment and closing Costs Is not a contingency. Buyer represents that funds will be good when deposited with Escrow Holder. A. INITIAL DEPOSIT; Buyer has given a deposit In the amount of .................. . ....................... $ 3, 000.00 to the agent submitting the offer (or to ❑ ), by personal check (or ❑ ), made payable to which shag be held uncashed until Acceptance and then deposited within 3 business days after Acceptance (or ❑ )• with Escrow Holder, (or❑ into Broker's trust account). S. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of ..... $ within Day* After Acceptance, or ❑ C. FIRST LOAN IN THE AMOUNT OF ......................................................$ 200.000.00 (1) NEW First Deed -of Trust In favor of lender, encumbering the Property, securing a note payable at maximum interest of % fixed rate, or % Initial adjustable rate with a maximum Interest rate Of %, balance due in years, amortized over years. Buyer shall pay loan fees/points not to exceed . (These terms apply whether the designated loan is conventional, FHA or VA.) (2) ❑ FHA ❑ VA: (The following terms only apply to the FHA or VA loan that is checked.) Seger shall pay % discount points. Seller shall pay other fees not allowed to be paid by Buyer, ❑ not to exceed $ . Seller shall pay the cost of lender required Repairs [including those for wood destroying pest) not otherwise provided for in this Agreement, ❑ not to exceed S . (Actual loan amount may increase it mortgage insurance premiums, funding fees or dosing costs are financed-) 0. ADDITIONAL FINANCING TERMS: ❑ Sailer financing, (GA.R. Forel SFA); ❑.**co(hdery financing, ........... $ (C.A.Ft. Form PAA, oarameph 4A): ❑ assumed financing (G-A.R. Form PAA, paragraph a E. BALANCE OF PURCHASE PRICE (not including costs of obtaining loans and other closing costs) in the amount of .. S 37, 000.00 to be deposited with Escrow Holder within sufficient rime to does escrow. F. PURCHASE PRICE (TOTAL): ................................................................... $ 250, 000.00 G. LOAN APPLICATIONS: Within 7 (or ❑ ) Days After Acceptance, Buyer shall provide Seller a letter from lender or mortgage loan broker stating that, (.used on a review of Buyer's written application and credit report. Buyer is prequalified or preapproved for the NEW loan specified in 2C above. H. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyer's lender or loan broker pursuant to 2G) shall, within 7 (or ❑ ) Days After Acceptance, provide Seller written verification of Buyer's down payment and closing costs. 1. LOAN CONTINGENCY REMOVAL: (7 Within 17 (or ❑ ) Days After Acceptance. Buyer shall, as specified in paragraph 14, remove the loan contingency or cancel this Agreement OR n (d checked) ❑ the loan contingency shall remain in effect ural the designated loans are funded. J. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (OR, if checked, ❑ is NOT) contingent upon the Property appraising at no less then the specified purchase price. If there Is a loan contingency, at the time the loan contingency is removed (or, t checked, ❑ within 17 (or ) Days After Acceptance), Buyer shall, as specified In paragraph 14B(3), remove the appraisal contingency or cancel this Agreement. If there is no loan contingency, Buyer shall, as specified in paragraph 14B(3), remove the Appraisal contingency within 17 (or ) Days After Acceptance. . K. ❑ NO LOAN CONTINGENCY (If checked): Obtaining any loan in paragraphs 2C, 2D or elsewhere in this Agreement is NOT a contingency of this Agreement. If Buyer dost not obtain the loan and as a result Buyer does not purchase the Property, Seger may be entitled to Buyer's deposk or other legal remedies. - L. ❑ ALL CASH OFFER (If checked): No loan is needed to purchase the Property. Buyer shall, within 7 (or ❑ ) Days After Acceptance, provide Seller written verification of sufficient funds to dose this transaction. 3. CLOSING AND OCCUPANCY: A. Buyer intends (of[] does not Intend) to occupy the Property as Buyers primary residence. B. Seller-occuplad or vacant property: Occupancy shall be delivered to Buyer at 5 ❑ AM ® PM, ❑ on the nate of Close Of Escrow; .❑ on : or ® no later man 3 Days Aller Close Of Escrow. (CA.R. Form PAA, paragraph 2.) H transfer of this am occupancy do not occur at the same time, Buyer and Seller are advised to. (Q enter Into ayygan accup greemom; and (IQ consuft with their insurance end legal advisors. �__ \nitlals �J�) ( ) Tho wpniin Nara insurance d le al ae risk it U.S. rmol hrob lire unaNnarIZ64 S�'S'gY"�"r�J rttxua6cabn m Me Torn, or any patio rw,>of, by phoroom m orw o or any o6rar, e s Initals 0 ar4. Inotuahg 111NI lla a 0ompubyl2a4 1"M. copyright 0 1861-2001. GWFORNIA A-9AOGIAT101,1 OF REALTOR50, INC. Au. RIGHTS RE&FmwD. Favlmodb Date imp pr Agent: ReyrlaldO Munwe Phone: (90* 420-2999 Fax: (909) 428 -SM Prepared using WINFOrms® snitware I Broker: ERA American Elite Properties 8600 Utica Ave Suite 100. Rancho Cucamonas CA 91730 RPR-01-2008 10:12 GOLDEN EMPIRE MTG R3 9093730701 P.04i13 819 North AngBleao Ave. pate; March 26, 2008_ Property Address: Azusa C. Tenant-ocoupied property: W Properly shall be vacant at least 5 (or ❑ ) Days Prior to Close Of Escrow, unless Otherwise agreed in wrifing. Note to Sellar: if you are unable to deliver Property vacant In accordance with rent control and other applicable Law, You may be in breach at this Agreement OR (II) (N checked) [j Tenant to remaln in poeeseelon. The attached addendum Is Incorporated into this Agreement (C.A.R. Form PAA. paragraph 3.); OR (fiQ (it checked) ❑ This Agreement is contingent upon Buyer and Seller entering Into a written agreement regarding occupancy of the Properly within the time specified in paragraph 148(1). N no written agreement Is reached within this time, either Buyer or Seller may cancel this Agreement In writing. D. At Close of Escrow, Seller assigns to Buyer any assignable warranty rights for Items Included in the sale and shall provide any available Copies of such warramles. Brokers cannot and will not deteratina the assignability of any warranties. E. At Gose Of Escrow, unless otherwise agreed In writing, Seller shall provide keys and/or means to operate all lodes, mailboxes, security systems, alarms and garage door openers. N Property is a condominium or located in a common interact subdivision, Buyer may be required to pay a deposit to the Homeowners' Assoclation ('HOA') to obtain keys to accessible HOA facilities. 4. ALLOCATION OF COSTS (N checked): Unless otherwise specified here, this paragraph only determines who is to pay for the report, inspection, test or service mentioned. If not specified here or elsewhere in this Agreement, the determination of who Is 10 pay for any work recommended or Identified by any such report, Inspection, test or service shall be by the method specified In paragraph 148(2). A. WOOD DESTROYING PEST INSPECTION: (1) ❑ Buyer 3 Sellar shall pay for an inspection and report for wood destroying pests and organisms ('Report") which shall be prepared , a registered structural pest by control company. The Report shall cover the accessible areas of the main building and attached structures and, N checked; 0 detached garages and carports, ❑ detached decks, [3 the following other structures or areas . The Report shall not Include root coverings. N Property is a condominium or located in a common Interest subdhrision, the Report shall include Doty the separate Interest and any exclusive-use areas being transferred and shall not include common areas, unless otherwise agreed. Water tests of shower pans on upper level units may not be performed without consent of the owners of property below the shower. OR (2) C] (if checked) The attached addendum (C.A.R. Form WPA) regarding wood destroying pest Inspection antl allocation of cost is incorporated Into MIS AgreemenL B. OTHER INSPECTIONS AND REPORTS: (1) ❑ Buyer ❑ Seller shall pay to have septic or private sewage disposal systems inspected (2) ❑ Buyer ❑ Seller shall pay to have domestic wells tested lar water potability and productivity (3) ❑ Buyer ❑ Seller shall pay for a natural hazard zone disclosure report prepared by (4) ❑ Buyer ❑ Seller shall pay for the following Inspection or report (5) ❑ Buyer ❑ Seller shag pay for the following Inspection or report ' C. GOVERNMENT REOu1REMENTS AND RETROFIT; -Sellar (1) C] Buyer ❑ Seller shall pay for smoke detector Installation andPor water heater bracing, if required by Law, Prior to Close Of Escrow, shall provide Buyer a written statement of compliance in accordance with state and local Law, unless exempt (2) ❑ Buyer E] Seller shall pay the cost of compliance with any other minimum mandatory gOVenlment retrofit standards, inspecllore and reports If required as a condition of dosing escrow under any Law. D. ESCROW AND TITLE: (1) ® Buyer EM Seller shall pay escrow fee - Escrow Holder shall be Solle (2) ❑ Buyer CE Seller Shall pay for oxmer's title insurance polity specified in paragraph 12E Owner's life policy to be issued by Sol—tars (Buyer shall pay for any this Insurance policy insuring Buyer's looder, unless otherwise agreed In visiting.) E. OTHER COSTS: (1) ❑Buyer ® Seller shall pay County transfer tax or transfer fee (2) ❑ Buyer ® Sailer shall pay City transfer tax or transfer fee (3) ❑ Buyer [] Seller shall pay HOA transfer fee (4) ❑ Buyer r] Seller shall pay HOA document preparation fees (5) ❑ Buyer ❑ Seller shall pay the cost, not to exceed 16 , of a one-year home warranty plan, Issued by with the following optional coverage: (6) ❑ Buyer ❑ Seller shall pay for (7) ❑ Buyer [] Seller shall pay:for S. STATUTORY DISCLOSURES (INCLUDING LEADd3ASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS: A. (1) Seller shall, within the time spadfied In paragraph 14A, delhrer to Buyer. N required by Law: (1) Federal Lead-Based Paint Disclosures and pamphlet ("Lead Disclosures); and (i) disclosures or no8oss required by sections 1102 ot. seq. and 1103 at. seq. of the Califomia Civil Code ("Statutory Di4closures"). Statutory Disclosures include, but are not limited (o, a Real Estate Transfer Disclosure Statement (-TOS'), Natural Hazard Disclosure Statement ("NHP"), notice or actual knowledge of release of illegal controlled substance, notice of special tax and/or assessments (or. N allowed, substantially equivalent notice regarding the Mello•Raos Community FacflNles Act and improvement Bond Act of 1915) and, N Seller has actual knowledge, an industrial ues and military ordnance location disclosure (C.A.R. Form SSD). (2) Buyer shall, within the time specified in paragraph 148(1), return Signed Copies of the Statutory and Lead Disclosures to Seller. (3) In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Propeny, of anY motorial inaccuracy in disclosures, information or representations previously provided to Buyer of which Buyer is otherwise unaware, Seller shall promptly provide a Subsequent or amended disclosure of notice. in writing, covering those items. However, a subsequent or amended disclosureshell not be required for condmons and material inaccuracies dl In reports dared and paid for by Buyer. a., Initials ( ) ( ) Se leers Initials ( ) ( ) Copyright o 1e01-2007, CALIF0ANIAASS0CIATI0N OF REALTOR94, INC. Rftiewea by Dale MM"1"N RpA-CA REVISED 1106 (PAGE 2 OF 11): 819 North Anse CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 2 OF a) RPR -01-2008 10:13 GOLDEN EMPIRE MTG R3 9093730701 P.05i13 829 North Angeleno Ave. Property Address; Azusa, Data: march 26, 2008 (4) If any disclosure or notice specified In SA(1), or subsequent or amended disclosure or notice is delivered to Buyer after the offer Is Signed, Buyer shag have the right to cancel this Agreement within 3 Days After delivery In person, or 5 Days After delivery by deposit In the mail, by giving written notice of cancellation to Seger or Seller's agent. (Lead Disclosures sent by mall must be sent certified mail or better.) (6) Note to Buyer and Seller: Waller of Statutory and Lead Disclosures Is prohibited by Law. B. NATURAL AND ENVIRONMENTAL HAZARDS: Within the time specified in paragraph 14A, Seller shag, if required by Law: m deliver to Buyer earthquake gukles (and questionnaire) and environmental hazards booklet: (Iq even if exempt from the obligation to provide a NHD, disclose 0 the Property Is located to a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; Stale Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and gig disclose any other zone as required by Law and provide any other Information required tar those zones. C. DATA BASE DISCLOSURE: Notice: Pursuant to Section 280.46 of the Panel Code. information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offenders criminal history, this Information will include either the address at which the offender reskies or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check this webslte. If Buyer wants further information, Broker recommends that Buyer obtain information from this webstte during Buyers inspection contingency period. Brokers do not have expertise In this area.) 6. CONDOMINIUM/PLANNED UNIT DEVELOPMENT DISCLOsUREs: A. SELLER HAS: 7 (or ❑ ► Days After Acceptance to disclose to Buyer whether the Property is a condominium, or is located in a planned ung development or other common interest subdivision (CA.R. Font SSO). S. If the Property is a condominium or is located in a planned ung development or other common interest subdivision, Seller has 3 (or ❑ ) Days After Acceptance to request from the HOA (C.A.R. Form HOA): (n Copies of any documents required by Law; (if) disclosure of any pending or anticipated claim or litigation by or against the HOA; (III) a statement containing the location and number of designated parking and storage spaces; (pv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact information of all HOA& governing the Property (collectively, 'Cl Disoloswesj. Seller shall itemize and deliver to Buyer all CI Disclosures received from the HOA and any CI Disclosures In Seller's possession. Buyers approval of Cl Disclosures is a contingency of this Agreement as specified in paragraph 148(3). 7. CONDITIONS AFFECTING PROPERTY: A. Unless otherwise agreed: (1) the Property Is sold (a) In its PRESENT physical condition as of the date of Acceptance and (b) subject to Buyer's Investigation rights; (11) the Properly, including pool, spa, landscaping and grounds, is to De maintained in substantially the same condition as on the date of Acceptance; and (1IQ all debris and personal property not included in the sale shall be removed by Close Of Escrow. B. SELLER SHALL, within the time specified In paragraph 14A, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, Including known Insurance claims within the past five years, AND MAKE OTHER DISCLOSURES REQUIRED BY LAW (C.A.R. Form SSD). C. NOTE TO BUYER: You are Strongly advised to conduct investigations of the entire Property in order to determine Its present condition Sinctr Seller may not be aware of 411 defects atTecting the Property or other factors that you consider Important. Property Improvements may not be built according to code, In complion" with current Law, or have had permits issued. D. NOTE TO SELLER: Buyer has the right to Inspect the Property and, as specified in paragraph 14B, based upon information discovered in those inspections: (I) cancel this Agreement; or 01) request that you make Repairs or take other action. 8. ITEMS INCLUDED AND EXCLUDED: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MLS, flyers or marketing materials are not Included in the purchase price or excluded from the sale unless specified in 88 or C. B. ITEMS INCLUDED IN SALE: - (1) All EXISTING fixtures and fittings that are attached to the Property; (2) Existing electrical, mechanical, fighting, plumbing and heating fixtures, coiling fans, fireplace Inserts, gas logs and grates, solar systems, bulft-in appliances, window and door screens, awnings, shutters, window coverings, attached Noor coverings, television antennas, sare6he dishes, private integrated telephone systems, air cooleWconditioners, pool/spa equipment, garage door openers/remote controls, mailbox, in -ground landscaping, trees/ahrubs, water softeners, water purifiers, security systems/Warms; and (3) The following hems: (4) Seller represents that all items included in the purchase price, unless otherwise specified. are owned by Seller. (5) All items included shell be transferred free of liens and without Seller warranty. C. ITEMS EXCLUDED FROM SALE: e. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyer's acceptance of the Condition of, and any other matter affecting (he Property, is a Contingency of this Agreement as specified in this paragraph and paragraph 14B. Within the time speoffied in paragraph 14B(1), Buyer shall have the right, at Buyers expense unless otherwise agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyer Investigations"). including. but not limfted to, the right to: p) inspect for lead-based paint and other lead-based paint hazards; QI) Inspect for wood destroying pests and organisms; (ftp review the reglslered sex offender database: (Iv).confinn the Insurability of Buyer and the Property; and (v) satisfy Buyer as to any matter specified in the attached Buyer's Inspection Advisory (C.A.R. Form BIA). Without Seller's prior written consent, Buyer shell neither make nor cause to be made: (g Invaslve or destructive Buyer Investigations; or (f7 inspections by any governmental building or zoning inspector or government employee, unless required by Law. B. Buyer shall complete Buyer Investigations and, as specified in paragraph 14B, remove the contingency or cancel this Agreement Buyer shall give Seller, at no cost, complete Copies of all Buyer Investigation reports obtained by Buyer. Seller shall make the Property available for 811 Buyer Investigatlons- Seller shag have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession is made available to Buyer. Buyer's Initial) ( ) S Copyright ®lest -2007, CALIFORNIA ASSOCIATION OF REALTORSw, INC. ells f, RPA -CA REVISED 1/06 (PAGE 3 OF 0) Ravi Y Date rrr rr CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 3 OF B) 819 North Anga. RPR -01-2008 10:13 GOLDEN EMPIRE MTG R3 9093730701 P.06/13 819 North Angeleno Ave. pate: Naz'ah 26 2008 Property Address: Aa US 10. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at Seller's expense may be parionrrad by Seller or through others, provided that the work compiles with applicable Law, Including governmental permit, Inspection and approval requirements. Repairs steal) be performed In a good, skillful mariner with materials of quality and appearance comparable to existing materials. it is understood that exact restoration of appearance or cosmetic Items following all Repairs may not be possible. Seller shall: W obtain receipts for Repairs performed by others; (I) prepare a written statement Indicating the Repairs performed by Seller and the date of such Repairs; and (1) provide Copies of receipts and statements to Buyer prior to final verification of condition, 11. BUYER INDEMNITY AND SELLER PROTECTION FOR ENTRY UPON PROPERTY: Buyer Sheth () keep the Property free and dear of liens; (ii) Repair all damage arising from Buyer Investigations; and (ll) Indemnify and hold Sellar hazmiess from an resulting Inability, claims, demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies Of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Irwestigatlons or work done On the Property at Buyers direction prior to Close Of Escrow- Seller is advised that certain protections may be afforded Seller by recording a 'Notice of Non-responsibifily' (CAR. form NNR) for Buyer Investigations and work done on the Property at Buyers direction. Buyers obligations under this paragraph shall survive the terminallon of this Agreement. IL TITLE AND VESTING: A. Within the time specified in paragraph 14, Buyer shall be provided a current preliminary (title) report, which Is only an offer by the title insurer to issue a policy of title insurance antl may not contain every item affecting title. Buyses review of the preliminary report and any other matters which may affect tide are a contingency of this Agreement as specified in paragraph 148. a. Time Is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except; W monetary hens of record unless Buyer Is assuming those obligations or taking the Property subject to those obligations; and lot those matters which Seller has agreed to remove in writing- : 14A. Within the time specified In paragraph 14A, Seiler has a duty to disclose to Buyer ell matters known to Seger affecting title. whether of record or not. D. At Close Of Escrow, Buyer shall receive a grant deed Conveying tale (Or, for stock cooperative or long-term lease, an assignment of clock certificate or of Sellers leasehold interest), Including oil, mineral and water rights if currently owned by Seller. Title shall vast as designated in Buyers supplemental escrow Instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL- E. ROFESSIONALE. Buyer shall receive a CLTAIALTA. Homeowners Policy of Title Insurance. A lisle company, at Buyers request, can provide Information about the availability, desirability, coverage,•and cost of various this insurance coverages and endorsements. It Buyer desires tide coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder In writing and pay any increase In cost, 13. SALE OF BUYER'S PROPERTY' A. This Agreement is NOT contingent upon the sale of any property owned by Buyer. OR B. Q (If checked): The attached addendum (CA.R. Form COP) regarding the contingency lar the sale of property owned by Buyer is incorporated Into this Agreement. 14. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, shored, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph must be In writing (CAR. Form CR). A. SELLER HAS: 7 (or ❑ ) Days Atter Acceptance to deliver to Buyer all reports. disclosures and information for which Seller is responsible under paragraphs 4, 5A and B, 8A, 78 and 12. B. (1) BUYER HAS: 17 (art[J )Days After Acceptance, unless MhaNvisa "reed in writing, to: (i) complete all Buyer Investigations; approve all disclosures, reports and other apprnceble information, welch Buyer receives from Seller; and approve all matters affecting the Property (Including lead-based paint and lead-based paint hazards as well as other information specified In paragraph 5 and insurability of Buyer and the Property): and (I) relum to Seiler Signed Copies of Statutory and Lead Disclosures delivered by Seller in accordance with paragraph 5A. (2) Within the time specified in 148(1), Buyer may request that Seller make repairs or take any other action regarding the Property (CA.R. Form RR). Seller has no obligation to agree to or respond to Buyers requests. (3) By the end of the time specified in 1413(1) (Or 21 for loan contingency or 2J for appraiser contingency), Buyer shall, in writing, remove the applicable contingency (CAR. Farm CR) or cancel this Agreement. However, if (g government -mandated Inspections/ reports required as a condition of closing; or (it) Common Interest Disclosures pursumM to paragraph 613 are not made within the time specified In 14A, than Buyer has 5 (or ❑ ) Days After receipt of any Such items, or:the time specified in 148(1), whichever Is later, to remove the applicable contingency or cancel this Agreement in writing. C. CON71NUATION OF CONTINGENCY OR CONTRACTUAL OBLIGATION; SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: Seller, after first giving Buyer a Notice to Buyer to Perform (as specified below), may cancel this Agreement in writing and authorize room of Buyers deposit If, by the time specified in [his Agreement, Buyer does not remove In writing the applicable contingency or cancel this Agreement. Once all contingencies have been removed, failure of either Buyer or Seller to close escrow on time may be a breach of this Agreement. (2) Continuation of Contingency: Even atter the expiration of the time specified in 148, Buyer retain$ the right to make requests to Seller, remove in writing the applicable contingency or cancel this Agreement until Seller cancels pursuant to 14CO). Once Seller receives Buyers written removal of fill contingencies, Seller may not cancel this Agreement pursuant to 14CO ). (3) Seller right to Cancel; Buyer Contract Obligations: Seller, after first giving Buyer a Notice to Buyer to Perform (as specified below), may camel this Agreement in writing and authorize return of Buyers deposit for any of the following reasons: (1) if Buyer fails to deposit funds as required by 2A or 28; (111 it the funds deposited pursuant to 2A or 2B are not good when deposited; ((i) if Buyer fails to provide a leder as required by 2G; (iv) if Buyer fails to provide verification as required by 2H or 21-: M if Seller reasonably disapproves of the verification provided by 2H or 21.; (vi) if Buyer fails to return Statutory and Land Disclosures as required by paragraph 5A(2); of (vi) H Buyer fails to sign or initial a separate liquidated damage•forn for an Increased deposit as required by paragraph t6. Seller Is not required to give Buyer a Notice to Perform regarding CIOae of Escrow. (4) Notice To Buyer To Perforin: The Notice to Buyer to Perform (C.A.R. Form NBP) shall: () be in writing; (f) be signed by Seller, and (11) give Buyer at least 24 (or ❑ ) hours (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A Notice to Buyer to Perform may not be given any earlier than 2 Days Prior til thex,pireit of the applicable time for Buyer to remove e contingency or cancel this Agreement or meet a 14C(3) obligation. nl =) ) ( ) j �rs)tYN •6eker5 I rials ( `_ I (.._._...�.__) 11p0 Copyrrghtry 1991-2007, CALIFORNIA ASSOCIATION OF REALTORSO, INC. ( Reviewed by Gate runrr RPA -CA REVISED 1106 (PAGE 4 OF B)' 910 North Anse CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -OA PAGE 4 OF 8) RPR -01-2008 10:14 GOLDEN EMPIRE MTG R3 9093730701 P.07i13 819 North Angeleno Ave. Property Address: Azusa, Date; Nash 26, 2008 D. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: ti Buyer removes, in writing, any contingency or cancellation rlgMs, umass otherwise specified in a separate written agreement between Buyer and Seller, Buyer shall. conclusively be deemed to have: () completed all Buyer Investigations, and review of reports and other applicable Information and disclosures pertaining to that contingency or cancellation right Oil elected to proceed with the transaction; and (Ilq assumed all liability, responsibility and expense for Repalrs or corrections pertaining to that contingency or cancellation right, or for Inability to obtain financing. E. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duty exercised under the terms of this Agreement, Buyer and Seller agree to Sign mutual instructions to cancel the We and escrow and release deposits to the parry emided to the funds, less fees and costs Incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Release of funds will require mutual Signed release Instructions from Buyer and Seller, judicial decision or arbitration award. A parry may be sub)ed to a civil penalty of up to $1,000 for refusal to sign such Instructions n no good faith dispute exists as to who is emitted to the deposhad funds (Civil Code 91o57.3). 15. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final inspection of the Property within 5 (of ) Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm; 0) the Property is maintained pursuant to paragraph 7A; (Ig Repaits have been completed as agreed; and illi) Seller has Complied with Seller's other obligations under this Agreement. 1& LIQUIDATED .DAMAGES: M Buyer falls to complete this purchase because of Buyer's default, Seller shalt retain, as liquidated damages, the deposit actually paid. If the Property Is a dwelling with no more than four units, one of which Buyer Intends to occupy, then the amount retained shall be no more than 3% of the purchase price. Any excess shall be retumed to Buyer. Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. BUYER AND SELLER SHALL SIGN A ARATE LIQUIDATED DAMAGES PROVISION FOR ANY INCREASED DEPOSIT. (CJLR. FORM RID) Buyer Initiate 1=1 seller's Initials l 17. DISPUTE RESOLUTION: %i�� A. MEDIATION: Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transection, before resorting to arbitration or court acilon. Paragraphs 176(2) and (3) below apply to mediation whether or not the Arbitration provision Is initialed. Mediation fees, it any, shall be divided equally among the parties involved. It. for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover anomey fees, even If they would otherwise be available to mat parry hr any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. B. ARBITRATION OF DISPUTES: (1) Buyer and Seller agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transection, which is not settled through mediation, shall be decided by neutral, binding arbitration, Including and subject to paragraphs 178(2) and (3) below. The arbitrator shall be a retired judge or justice, or an attomey with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator, who shall render an award In accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be Conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpreistion of this agreement to arbitrate shall be governed by the Federal Arbitration Act. (2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded Irom mediation and arbitration: (q a judicial or non -judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or Installment land Sale Contract as defined In California Civil Code 9258.5; ill) an unlawful datainor action; Pit) the filing or enforcement of a machanlo's lien; and Qv) any matter that Is within the jurisdiction of a probate, smaa claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or Omer provisional remedies, shall not constitute a waiver of the mediation and arbitration provisions. (3) BROKERS: Buyer and Seller agree to mediate and arbitrate disputes or claims involving either or both Brokers, eonaletent with ITA and S. provided ellher or both Brokers shall have agreed to such mediation or arbitration prior to. or within a reasonable time alter, the dispute or claim is presented to Brokers. Any election by either or both Brokers to participate in mediation or arbitration shall not result In Brokers being deemed parties to the AgreameM. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDE IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Buyer Initials lof sellers Initials yer's Maio Copydglit®1891-2007, CALIFORNIA ASSOCIATION OF REALTORS60. INC, ( ee+ RPA -CA AEVISED 1106 (PAGE 6 OF a) Revimvod by Date n,„n",uy°YOwnr CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 5 OF b) 819 North Ange RPR -01-2008 10:15 1 GOLDEN EMPIRE MTG R3 9093730701 P.08i13 819 North Angeleno Ave. Properly Address; Azusa I Date: March 26, 2008 18. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and .prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and emergency dues and assessments Imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello -Roos and other Special Assessment District bonds and assessments that are now a lien. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on. Mello -Roos and other Special Assessment District bonds and assessments and HOA special assessments that are now a lion ibut not yet due. Property will be reassessed upon change of ownership. Any supplemental tax bilis shall be paid as follows: (g for periods after Close Of Escrow, by Buyer, and (Il) for periods prior to Close Of Escrow, by Seller. TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30 -day morith. 19. WITHHOLDING TAXES: Seller and Buyer agree to execute any instrument, affidavit, statement or instruction reasonably necessary to comply with federal (FiRPTA) and California withholding Law, if required (CAR. Forms AS and AB). 20. MULTIPLE LISTING SERVICE (1'MLS"): Brokers are authorized to report to the MLS a pending Sale and, upon Close Of Escrow, the terms of this transaction to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. 21. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti -discrimination Laws. 22. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non -prevailing Buyer or Seller, except as provided in paragraph 17A. 23. SELECTION OF SERVICE PROVIDERS: If Brokers refer Buyer or Seller to persons, vendors, or service or product providers ("Providers'), Brokers do not guarantee the performance of any Providers. Buyer and Seller may select ANY Providers of their own choosing. 24. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time Is of the essence. All understandings between the parties are incorporated in this Agreement. Its terns are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to Its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement If any provision of this Agreement is held to be ineffective or Invalid, the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision In it may be extended, amended, modlRed, altered or changed, except M writltlg Signed by Buyer and Seller. 25. OTHER TERMS AND CONDITIONS, including attached supplements: A. El BWer's tnsoection Advisory (CAR Form BIA) B ❑Purchase Aslreement Addendum fC .1 1.1 Fore PAA pagmph numbers: ) C. 0 Statewide Buyer and Seller Advisory (C A.R reForm SBSAi D. 26. DEFINITIONS: As used in this Agreement: A. "Acceptance" means the time the offer or final counter offer is accepted in writing by a party and is delivered to and personally received by the other party or that party's authorized agent In accordance with the terms of this offer or a final counter offer. & "Agreement" means the terms and conditions of this accepted California Residential Purchase Agreement and any accepted counter offers and addenda; C. "CAR, Farm" means the specific form referenced or another comparable form agreed to by the parties. D. "Close Of Escrow" means .the date the grant deed, or other evidence of transfer of title, is recorded. If the scheduled close of escrow falls on a Saturday,:Sunday or legal holiday, then dose of escrow shall be the next business day after the scheduled dose of escrow data. E. "Copy" means copy by any .means including photocopy, NCR, facsimile and electronic. F. "Days" means calendar days, unless otherwise required by Law. G. "Days After" means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59PM on the final day. H. "Days Prior" means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event Is scheduled to occur, I. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either party to modify or atter the content or integrity of this Agreement without the knowledge and consent of the other. J. "Lave" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative; judicial or'executive body or agency. K. "Notice to Buyer to Perform" means a document (CAR. Form NBP), which shall be in writing and Signed by Seller and shall give Buyer at least 24 hours (or as otherwise specl084 in paragraph 14C(4)) to remove a contingency or perform as applicable. L "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. M. "Signed" means either a handwritten or electronic signature on an original document, Copy or any Counterpart. N. Singular and Plural terms each include the other, when appropriate. Buu criminals ' 3ceTers tnitEals ( ) ( ) m Copyright m 1981-2007, CALIFORNIA ASSOCIATION OF REALTORS%. INC. RPA -CA REVISED 1166 (PAGE 6 OF S) 1 ReIA"Od by Ome a un,unir CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA.CA PAGE 6 O S) 819 North Anse RPR -01-2006 10:16 GOLDEN EMPIRE MTG R3 9093730701 P.09/13 819 North Angeleno Ave. Property Address:Aanaa, Date: March 26 2008 27. AGENCY: A. DISCLOSURE: Buyer and Seller each acknowledge prior receipt of C.A.R. Form AD "Disclosure Regarding Real Estate Agency Relationships.' B. POTENTIALLY COMPETING BUYERS AND SELLERS: Buyer and. Seller each acknowledge receipt of a disclosure of the possibility of multiple representation by the Broker representing that principal. This disclosure may be part of a listing agreement, buyer -broker agreement or separate document (C,A.R. Form DA). Buyer understands that Broker representing Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Broker representing Seller may also represent other sellers with competing properties of interest to this Buyer. C. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent Revaaldo Nuniva with agolusiyg f egjty (Print Firm Name) is the agent of (check one): ® the Seller exclusively; or C7 both the Buyer and Seller. Selling Agent . gfvli nereia with Exclusive neat t ry (Print Firm Name) (if not same as Listing Agent) is the agent of (check one): W the Buyer exclusively; or ❑ the Seller exclusively; or ❑ both the Buyer and Seller. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. 28. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A- The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow Instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: 1, 2, 4, 12, 13B, 14E, 18, 19, 24, 253 and 25D, 26, 28, 29, 32A, 33 and paragraph D of the section Wad Real Estate Brokers on page 8. If a Coby of the separate compensation agreement(s) provided for In paragraph 29 or 32A, or paragraph D of the section titled Real Estate Brokers on page 8 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreements) and pay out from Buyer's or Sellers funds, or both, as applicable, the Brokers compensation provided for in such agreement(s). The terns and conditions of this Agreement not set forth In the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Halder need not be concerned. Buyer and Seller will receive Escrow Holders general provisionedirectly from Escrow Holder and will execute such provisions upon Escrow Holders request To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow. 8, A Copy of this Agreement shall be delivered to Escrow Holder within 3 business days after Acceptance (or ❑ ). Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller 'is not affected by whether or when Escrow Holder Signs this Agreement. C- Brokers are a party to the escrow for the sole purpose of compensation pursuant to paragraphs 29, 32A and paragraph D of the section titled Real Estate Brokers on page 6. Buyer and Seiler irrevocably assign to Brokers compensation specified in paragraphs 29 and 32A, respectively, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Escrow Holder shall immediately notify Brokers: (I) if Buyer's initial or any additional deposit is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or (111) If Buyer and Seller instruct Escrow Holder to Cancel escrow. D. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shah be delivered to Escrow Holder within 2 business days after mutual execution of the amendment. 29, BROKER COMPENSATION FROM BUYER: It applicable, upon Close Of Escrow, Buyer agrees to pay compensation to Broker as specified in a separate written agreement between Buyer and Broker. 30.. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terms and conditions. All paragraphs with spaces for initials by Buyer and Seller are Incorporated in this Agreement only 0 initialed by all parties. If at least one but not all parties initial, a counter offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance. Buyer has read and acknowledges receipt of a Copy of the offer and agrees to the above confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, Including any Copy, may be Signed in two or more counterparts, allot which shall constitute one and the same writing. Buyer s Iniflals' Initials Q041191110 1e91 -20e1, CALIFORNIA ASSOCIATION OF gE.4LTORS9, INC. RPA -CA REVISED 1/06 (PAGE 7 OF s) Reviewed ay Date rer rFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 7 O 8� 819 North Anse APR -01-2008 10:17 OLDEN EMPIRE MTG R3 Property Address: 819 Norbb Angeleno Ave. Date: March 26, 2008 be deemed revoked and the deposit shall be returned unless the offer is Signed by Seiler and a Copy of the ar, or by 'who Is PM on the third Day after this offer is signed by Buyer (or, If chocked,❑ by (date), at ❑ AM ❑ PM). 9093730701 P.10/13 at. EXPIRATION OF OFFER: This offer shaft Signed offer Is personally received by Buy authorized to receive h by 5:00 Date ^ 2008 UYER IiA X of Azusa (Prlrrt name) Date — BUYER (Print rarer!) 32. BROKER COMPENSATION FROM SELLER: A. Upon Close Of Escrow, Seller agrees to pay compensation to Broker as specified in a separate written agreement between Seller and Broker. B. I escrow does not Close, compensation is payable as specified in that separate written agreement. 33. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement Seller accepts the above offer, agrees to sell the Property on the above terms and conditions, and agrees to the above conflrmallon of agency relationships. Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to deliver a Signed Copy to Buyer. ® (If of ecked) SUBJECT TO ATTACHED COUNTER OFFER, DATED Mv.FN ,o 2008 - - Date 8 Date SELLER 'ZJ2�' SELLER Egderi cc Rlos (Print name) (Print name) Wim) CONFIRMATION OF ACCEPTANCE: A Copy of Signed Acceptance was personally receNLAd by Buyer or Buyers authorized ( f ) agent on (data) at ❑ AM ❑ PM. A binding Agreement is created when (Initlals) a Copy of Signed Acceptance Is personality received by Buyer or Suyer's authorized agent whether or not confirmed in this document. Completion of this confirmation is not IaWy required in order to create a binding Agreement; It In solely intended to evidence the date that Confirmation of Acceptance has occurred. REAL ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as Stated in paragraph 27. C. It specified In paragraph 2A, !Agent who submitted the offer for Buyer acknowledges recelpt of deposit. D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to accept. out of Listing Brokers proceeds in or -now: m the amount specified M the MLS, provided Cooperating Broker is a Participant of the MLS in which the Property Is offered for sale or a reciprocal MLS; or (il) ❑ (if checked) the amount Specified In a separate written agreement (C.A.R. Form CBC) between Li ng Broker and Cooperating Braker. . Real E t oer Ilia Arm) Dgy1i Oarc'a DRE Lic, H By ORE lira # Date MA=b 2z 2000 Address 1 1 Blvd. City Rancho Cucamanrra State ca Zip 91730 Telephone -87 5 Fax J9o91945-0x40 E-mail _ Real Estate Broker (L1st rm) Re aldo N nimst with Rxalmaly4g Realty DRE Lic. # By RaVna-lda Kuni3M DRE LIC. # Data Napo 96 2008 Address 13 4 City 11ancho cucamonga state Ca Zip 91730 Telephone 0 Fax L909)945-8840 E -mag ESCROW HOLDER ACKNOWLED MENT: Escrow Holder acknowledges receipt of a Copy of this Agreement, of checked,)] a deposit in the amount of $ ). counter offer numbers and and agrees to act as Escrow Holder subject to paragraph 28 of this Agreement, any supplemental escrow Instructions and the terms of Escrow Holders general provtslons. Escrow Holder is advised that the date of ComInnatlon of Acceptance of the Agreement as between Buyer and Seller is Escrow Hokler e4Jere choice Escrow# By Date Address Phona/Fax/E-mail Escrow Holder is licensed by the California Department of ❑ Corporations, ❑Insurance, ❑ Reel Estate. License # (_/-__) REJECTION OF OFFER: No counter offer is being made. This offer was reviewed and rejected by Seller on (Sallers Initials) (Date) THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTOR9e (P.A.R.)• NO REPRESENTATION IS MARE AS TO THE LEGAL VALIDITY OR A0Erri1ACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL m- ATE BRCKER IS THE PERSON QUALIFIED TO AOVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULTAN APPROPRIATE PROFESSIONAL TNS tram Y awaable tot Vee by Um entlro.roal oeuto mauary. h le rot iilbmdoe to laentxy IAe user as a REALTORS. REALTOm41s a "191a..d wU.LIM MMborJln mons "I" may Us used only by memb.n of q. NATIONAL ASSOCIATION OF REN.TORSp w wbaetlb. m IG Cod. .1 Efts. Iff7, Putfted ant Dilldbuted IIy: U" e REAL ESYATE BUSINESS SERVICES, INC. a subsidiary affhe CB*m1a Aumaban ofREALTORSO " 525 SIXM Virg$ Avanoe, Loa Angeles, Celffomia 90820 RWO%wd oy data .eneiben RPA -CA REVISED IMS (PAGE 8 OF S) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 8 OF B) 819 North Anse RPR -01-2008 10:17 GOLDEN EMPIRE MTG R3 9093730701 P.11i13 CALIFORNIA - ASSOCIATION N LL OF AEALTORSO BUYER'S INSPECTION ADVISORY (C.A,R. Farm BIA-A, Revised 10102) Prop" Address: 819 North Angeleno Ave. , Asusa (`Property°). A. IMPORTANCE OF PROPERTY INVESTIGATION: The physical condition of the land and improvements being purchased is not guaranteed by either Seller or Brokers. For this reason, you should conduct thorough investigation's of the Property personally and with professionals who should provide written reports of their investigations. A general physical Inspection typically does not cover all aspects of the Property nor items affecting the Property that are not physically located on the Property. If the professionals recommend further investigations, including a recommendation by a pest control operator to inspect inaccessible areas of the Property, you should contact qualified experts to conduct such additional investigations. B. BUYER RIGHTS AND DUTIES: You have an affirmative duty tc exercise reasonable care to protect yourself, including discovery of the legal, practical and technical implications of disclosed facts, and the investigation and verification of Information and facts that you know or that are within your diligent attention and observation. The purchase agreement gives you the right to investigate the Property. 9 you exercise this right, and you should, you must do so In accordance with the terms of that agreement. This Is the best way for you to protect yourself. It is extremaly Important for you to read all written reports provided by professionals and to discuss the results of inspections with the professional who conducted the inspection. You have the right to request that Seller make repairs, corrections or take other action based upon hems discovered in your investigations or disclosed by Seller. If Seller is unwilling or unable to satisfy your requests, or you do not want to purchase the Property in its disclosed and discovered condition, you have the right to cancel the agreement if you act within specific time periods. If you do not cancel the agreement in at timely and proper manner, you may be in breach of contract- C. ontract C. SELLER RIGHTS AND DUTIES: Seller is required to disclose to you material facts known to him/her that affect the value or desirability of the Property. However, Seller may not be aware of some Property defects or conditions. Seller does not have an obligation to Inspect the Property for your benefit nor is Seller obligated to repair, correct or otherwise cure known defects that are disclosed to you or previously unknown defects that are discovered by you or your inspectors during escrow. The purchase agreement obligates Seller to make the Property available to you for investigations. D. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefore cannot advise you on many items, such as soil stability, geologic or environmental conditions, hazardous or illegal controlled substances, structural conditions of the foundation or other Improvements, or the condition of the roof, plumbing, heating, air conditioning, electrical, sewer, septic, waste disposal, or other system. The only way to accurately determine the condition of the Property is through an inspection by an appropriate professional selected by you. It Broker gives you referrals to such professionals. Broker does not guarantee their performance. You may select any professional of your choosing. In sales involving residential dwellings with no more than four units, Brokers have a duty to make a diligent visual inspection of the accessible areas of the Property and to disclose the results of that inspection. However, as some Property defects or conditions may not be discoverable from a visual inspection, it is possible Brokers are not aware of them. If you have entered into a written agreement with a Broker, the specific terms of that agreement will determine the nature and extent of that Broker's duty to you. YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY, IF . YOU DO NOT DO $0, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS. E. YOU ARE ADVISED TO CONDUCT INVESTIGATIONS OF THE ENTIRE PROPERTY, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: 1. GENERAL CONDITION OF THE PROPERTY, ITS SYSTEMS AND COMPONENTS: Foundation, roof, plumbing, heating, air conditioning, electrical, mechanical, security, poollspa, other structural and non-structural systems and [components, fixtures, built-in appliances, any personal property included in the sale, and energy efficiency of the Property. (Structural engineers are beat suited to determine possible design or construction defects, and whether improvements are structurally sound.) 2. SQUARE FOOTAGE, AGE, BOUNDARIES: Square footage, room dimensions, lot size, age of improvements and boundaries. Any numerical statements regarding these items are APPROXIMATIONS ONLY and have not been verified by Seller and cannot be verified by Brokers. Fences, hedges, walls, retaining walls and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. (Professionals such as appraisers, architects, surveyors and civil engineers are best suited to determine square footage, dimensions and boundaries of the Property.) 3. WOOD DESTROYING PESTS: Presence of, or conditions likely to lead to the presence of wood destroying pests and organisms and other infestation or infection. Inspection reports covering these items can be separated Into two sections: Section 1 Identifies areas where infestation or infection is evident. Section 2 Identifies areas where there are conditions likely to lead to Infestation or infection. A registered structural pest control company is best suited to perform these inspections. 4. SOIL STABILITY: Existence of fill or compacted soil, expansive or contracting soil, susceptibility to slippage, settling or movement, and the adequacy of drainage. (Geotechnical engineers are best suited to determine such conditions, causes and remedies.) The copyright laws of the United Sratas (rlde 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy Buyer' Initials ) ( ) machine or any other means, including facsimile or computerized formats. Seller's Inidala ( — ) ( ) Copyright 0 1881-2004, CALIFORNIA ASSOCIATION OF REALTORS®, r..+ INC. ALL RIGHTS RESERVED. aevtewed by oats _ 8!pC 01=701, A -A REVISED 10!02 (PAGE 1 OF 2) RPR -01-2008 10:18 GOLDEN EtPIRE MTG R3 9093730701 P.12i13 Property Address: 819 North Angeleno Ave Azusa Date:Mnrch 26, 2008 5. ROOF: Present condition, age, leaks, and remaining useful life. (Roofing conlractars are best suited to determine these conditions.) s. POOLJSPA: Cracks, leeks or operational problems. (Pool contractors are best suited to determine these conditions.) 7. WASTE DISPOSAL: Type, size, adequacy, capacity and condition of sewer and septic systems and componsms, connection to sewer, and applicable fees. a. WATER AND UTILITIES; WELL SYSTEMS AND COMPONENTS: Water and utility availability, use restrictions and costs. Water quality, adequacy, condition, and performance of well systems and components. 9. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead-based palm and other lead contamination, radon, methane, other gases, fuel oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials, products, or conditions (including mold (airborne, toxic or otherwise), fungus or similar contaminants). (For more information on these items, you may consult an appropriate professional or read the booklets 'Environmental Hazards: A Guide for Homeowners, Buyers, Landlords and Tenants," 'Pirated Your Family From Lead in Your Home' or both.) 10. EARTHQUAKES AND FLOODING: Susceptibility of the Property to earthquake/seismlc hazards and propensity of the Property to flood. (A Geologist or Geotechnical Engineer is best suited to provide Information on these conditions.) 11. FIRE, HAZARD AND OTHER INSURANCE: The availability and cost of necessary or desired insurance may vary. The location of the Property in a seismic, flood or fire hazard zone, and other conditions, such as the age of the Property and the claims history of the Property and. Buyer, may affect the availability and need for certain types of insurance. Buyer should explore insurance options early as this Information may affect other decisions, including the removal of loan and inspection contingencies. (An insurance agent is best suited to provide information on these conditions.) 12. BUILDING PERMITS, ZONING AND GOVERNMENTAL REQUIREMENTS: Permits, inspections, certificates, zoning, other governmental limitations, restrictions, and requirements affecting the current or future use of the Property, its development or size. (Such information is available from appropriate governmental agencies and private information providers. Brokers are not qualified to review or interpret any such information.) 13. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants; and the right of a landlord to terminate a tenancy. Deadbolt or other locks and security systems for doors and windows, including window bars, should be examined to determine whether they satisfy legal requirements. (Government agencies can provide information about these restrictions' and other requirements.) 14. SECURITY AND SAFETY: State and local Law may require the installation of barriers, access alarms, self -latching mechanisms and/or other measures to decrease the risk to children and other persons of existing swimming pools and hot tubs, as well as various fire safety and other measures concerning other features of the Property. Compliance requirements differ from city to city and county to county. Unless specifically agreed, the Property may not be in compliance with these requirements. (Local government agencies can provide information about these restrictions and other requirements.) 15. NEIGHBORHOOD, AREA, SUBDIVISION CONDITIONS; PERSONAL FACTORS: Neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, crime statistks, the proximity of registered felons or offenders, fire protection, other government services, availability, adequacy and cost of any speed -wired, wireless internet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, Construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, welfland properties, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Homeowners' Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and prererencels or ouyer. Buyer and Seller acknowledge and agree that Broker: {i) Does not decide what price Buyer should pay or Seiler should accept; (if) Does not guarantee the Condition of the Property; (II) Does not guarantee the periormenbe, adequacy or completeness Of Inspedtlons, services, products Or repairs provided or made by Seller or others; (IV) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not bs responsible for identifying defects on the Property, in common areas, or offslle unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Broker, (v) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title: (vil) Shall not be responsible for verifying square footage, representations of others or information contained In Investigation reports, Multiple Listing Service, advertisements, fryers or other promotional material; (Ix) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (x) Shall not be responsible for providing other advice or information that exceeds the knowledge. education and experience raqulred to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, Insurance, title and other below, Buyer and Seller each acknowledge that they have read, understand, accept and have received a Copy of ry. Buyer/1"nFouraged to read it carefully. Buyer Signature Date Azusa Seller Signature Date Pederico Rios THIS FORM HAS SEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORBS (CAR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This farm is available For use by the more real estate industry. h Is not Intended to Identify Ino user as a REALTORS. REALTORS is a registered collective membershlp mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subsddbo to Its Coda of Ethics. Published and Distributed by: "Wo REAL ESTATE BUSINESS SERVICES, INC. Rhe by oe o _ anlsumx mesyarom asubsidiary of rhe,aRfwrtla Association of RfALTOR50h mwmwev a25 South Virgil Avenue, Los Angeles, California 90020 BIA-A REVISED 10/02 (PAGE 2 OF 2) BUYER'S INSPECTION ADVISORY (BIA-A PAGE 2 OF 2) APR -01-2008 10:19 GOLDEN EMPIRE MTG R3 9093730701 P.13i13 CALIF ASSOCIATION TION COUNTER OFFER No.1 OF ILEA ATtOM OF ASALTO0.$ol' For use by Salter or Buyer. May be used for MUIUp10 Counter Offer. (CAR. Form CO, Revised 10/04) Date March 27 2008 al RANCHO CUICAMONGA California. This is a Counter offer to the: California Residential Purchase Agreement, [,] Counter Offer, a Other ("Oiler), dated March 26, 2008 on property known as 819 North eleno Ave.("Property', between City of Aausa ("Buyerl and 1. TERMS: The terms and conditions of the above rerarenced document are accepted subject to the following: A. Paragraphs In the Offer that require Inithda by all parties, but are not Initialed by all parties, are excluded from the final agreement unless specifically referenced for Inclusion In paragraph 1C of this or another Counter Offer. B. Unless otherwise agreed In writing, down payment and loan smourit(a) will be adjusted in the came proportion as in the original Offer. C. 1- Suver is aware that seller is applying for a short sale with lien holder and that all terms and conditions are subject to lien holder approval. this transaction may take more that 30 dans and it is posible that it may not be approved by lien holder.__ D. The following attached supplements are incorporated Into this Counter Offer: ❑ Addendum No. © ❑ 2. RIGHT TO ACCEPT OTHER OFFERS: Seller has the right to continue to offer the Property for sale or for other transaction, and to accept any other offer at any time prior to notification of acceptance, as described in paragraph 3. If this is a Seller Counts( Offer. Seller's acceptance of another offer Prior to Buyer's acceptance and communication of notification of this Counter Offer, shall revoke this Counter Offer. 3, EXPIRATION: This Counter Offer shall be deemed revoked and the deposits. if any, shall be returned unless this Counter Offer Is signed by the Buyer or Seller to whom it Is sent and a Copy of the signed Counter Offer is personally received by the person making this Counter Offer or who is authorized to receive it, by 500 PM on the third Day After this Counter Offer is made or, (if checked) by El (R chocked:) MULTIPLE UNTER OFFER: lor is eT(S) On terms 4, not be the same as in this Counter er Offer. Acceptance of this Counter Offer by Buyer shall neot besbinnd ng unless and until h s thatMay re-Signed by Seller in paragraph. 7 below and a Copy of the Counter Offer Signed in paragraph 7 is personally received by Buyer or by , who is authorized to receive it, by S:DOPM on the third Day after this Courter Offer is made or, (if checked) by i] (date), at ❑ AM ❑ PM. Prior to the completion of all of these events, Buyer and Seller shall have no duties or obligations for the purchase or sale of the Property. S. OF - ❑ BJiYER QR ® MAKES THIS COUNTER OFFER ON THE TERMS ABOVE AND ACKNOWLEDGES RECEIPT OF A COPY. Sil.Yl�sSr/.A .,ro Data Margh 27 2008 6. ACCEPTANCE: I NE accept the rpt of a Copy. r ,:I Gid 7, Date Offer (H checked ❑ SUBJECT TO THE ATTACHED COUNTER OFFER) and acknowledge Date Date NOTE TO SELLER: Do NOT sign In this box until after Buyer sign In I Date Dee Time ❑ AM [] PM Time AM PM S. (Paragraph 7 applies only it paragraph 4 Is chocked,) Time ❑ AM OF _ -- Tine ❑ AM ❑l a. ( / ) (Initials) Confirmation of Acceptance: A Copy of Signed Acceptance was personally received by the maker of the Courder Offer, or that person's authorized agent as speed in paragraph 3 (or, if this is a Multiple Counter Offer, the Buyer or Buyer's authorized agent as specified in paragraph 4) on (date) , at ❑ AM 0 PM. A binding Agreement Is created when a Copy of Signed Acceptance is personalty received by the the maker of the Counter Offer, or that parson's authorised agent (or, If this Is a Multiple Counter Offer, the Buyer or Buyer's authorized agent) whether or not confirmed In this document. Completion of this confirmation Is not legally required In order to create a binding Agreement: it to solely Intended to evidence the date that Confirmation of Acceptance has occurred. - The Copyright laws of the Untied States TWO 17 U.S. Code) forbid the unauthorized reproduction of this Including facsimile of Computerized formats. Copyright a 1996.2004, CALIFORNIA ASSOCIATION OF F THIS FORM HAS SEEN APPROVED 9Y THE CALIFORNIA ASSOCIATION OF REALTORSO (C.A.R: ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION, A REAL ESTATE SROk TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFES' This form Is available lot use by the entire real estate industry. A is not Imanded to Idendly the user no whICh may as used only by trombone of the NATIONAL ASSOCIATION OF REALTORSw who subseft Published and DisMbuted by: Rr REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the Ca!lMmra AssoNafion of REALTORSW 525 South Virgil Avenue, Los Angeles, California 90020 00 REVISED 10(04 (PAGE 1 OF 1) COUNTER OFFER (CO PAGE i OF Agent Reynaldo Munive Phone: (909) 4258088 Fax: (909) 42f to or any Other means, LEGAL VALIDITY OR ON REAL ESTATE N. REALTORts rs a registered collective memnetship men( 71 Ethics. Q) Reviewed by pato tmeraaxe rworrenrr Prepared using TOTAL P.13 TO: I THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: F. M. DELACH, CITY MANAGER 4/j DATE: APRIL �21, 2008 I SUBJECT: ADOPTION OF A RESOLUTION IN SUPPORT OF THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOODS AND COASTAL PROTECTION BOND ACT OF 2002, AND THE WATER, SECURITY, CLEAN DRINI(1NG WATER, COASTAL AND BEACH PROTECTION ACT OF 2002, AND THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) FOR THE VAZQUEZ CONSERVATION, EDUCATION AND RECREATION CENTER ACQUISITION PROJECT RECOMMENDATION: It is recommended that the City Council adopt a resolution in support of the subject project. BACKGROUND: On January 17, 2008 the San Gabriel & Lower Los Angeles Rivers and Mountains Conservancy (SGRMC)received grant applications from both the City of Azusa (see attached letters) and lithe San Gabriel Mountains Regional Conservancy (SGMRC) for the property known as the "Vazques Property" at the north end of the City. After an initial review, both applications were placed on a Tier 2 status. On March 28, 2008, the City was advised that both applications had moved to the next level of consideration, however, the SGRMC has indicated that the SGMRC proposal was much further along than the City's proposal in that they had secured an appraisal of the property acceptable to the State, had a willing seller, etc:, and that the SGMRC proposal would probably be funded for those reasons. Given that, staff is recommending the adoption of the attached resolution in support of the SGMRC application. The adoption of the resolution furthers I i I the City's goal of acquisition of open space for preservation of natural riparian habitat as part of the City's Wilderness Park. FISCAL IMPACT: There is no fiscal impact as a result of the adoption of this resolution. Attachments: Resolution and Notification Letters to the City from the SGRMC. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, SUPPORTING THE SAN GABRIEL MOUNTAINS REGIONAL CONSERVANCY APPLICATIONS FOR GRANT FUNDING APPLICATIONS THROUGH VARIOUS CONSERVANCY AGENCIES, STATE AND FEDERAL FUNDING SOURCES RELATING TO THE ACQUISITION OF 40 ACRES OF PRIVATELY OWNED, HILLSIDE OPEN SPACE (KNOWN AS THE VASQUEZ CONSERVATION, EDUCATION AND RECREATION CENTER) IN THE CITY OF AZUSA THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS; the Vasquez Ranch is an important and unique habitat area for both the community and region and WHEREAS; the Vasquez Ranch property currently consists of approximately 40 acres of habitat for wildlife and plant life which provides a rare ability for young and old alike the chance to enjoy its beauty; and WHEREAS, the main goal of the San Gabriel Mountains Regional Conservancy (SGMRC) is to work with education groups who are interested in learning more about native plants, wildlife and habitats in the hopes of eliminating Nature -Deficit Disorder; and WHEREAS; the proposed project by the SGMRC includes seeking funds to eradicate invasive plants in the hillsides; replanting of lost compatible native plants; building of water stations to assist wildlife where permissible; educational signage, trails and programs; and trail enhancement for public access and safety for hikers; and i WHEREAS; the close proximity of the Vasquez Ranch to both schools and residential neighborhoods is a wonderful incentive to educate a large number of people about the various ecological issues regarding native habitat in the middle of an urban setting; and i WHEREAS', the City has established a precedent for setting aside privately owned, hillside, open space in both the Mountain Cove and Rosedale developments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Azusa is pleased to support the San Gabriel Mountains Regional Conservancy effort and urges all funding agencies to give full and careful consideration to the proposed grant applications submitted by the i SGMRC relating to providing restoration and education opportunities for the Vasquez Ranch. Section 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions. Section 3. The City Clerk is hereby directed to forward a copy of this resolution to the San Gabriel Mountains Regional Conservancy for inclusion with the grant applications to any applicable grant funding agencies. Section 4. The City Clerk is hereby directed to forward a copy of this resolution to the Los Angeles County Board of Supervisors seeking.additional support for this property zoned as county of Los Angeles. APPROVED and PASSED this day of , 2008 City Council of Azusa, California JOSEPH R. ROCHA, Mayor ATTEST: VERA MENDOZA, City Clerk APPROVED AS TO FORM: SONIA CARVALHO, City Attorney State of California County of Los Angeles City of Azusa I, Vera Mendoza, city Clerk of the City of Azusa, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting held on the day of , 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Dated: VERA MENDOZA, City Clerk Resolution No. Page 2 o 2 CAUF Oft NIA R[SOL'RCLS' AGENCY Governing Board of the Conservancy Dan Arrighi, Chair Cemml Basin Water Association Frank Colonna, Vice Chair Environmental Public Member Linda Adams Secretary California Environmental Protection Agency Denis Bertone San Gabriel Valley Council of Gowmments Mike Christman Secretary for Resources Resources Agency David De Jesus San Gabriel Valley Water Association Michael C. Genest Director Department of Finance Dean Grose Orange County Division of the League of California Cities Enid Joffe San Gabriel Valley Council of Governments Gloria Molina Los Angeles County Board of Supervisors Patrick O'Donnell City of Long Beach Ed Wilson Gateway Cities Council of Governments Vacant Orange County Division of the League of California Cities Ex Officio Members Ruth Coleman Director Department of Parks and Recreation John Donnelly Executive Directm Wildlife Conservation Board Colonel Thomas H. Magness District Engineer, Los Angeles District US Army Corps of Engineers Bryan Speegle Orange County Executive Office Thomas M. Stetson San Gabriel River Water Master Bernie Weingardt Angeles National Forest US Forest Service Donald Wolfe LA County Public Works Executive Officer Belinda Faustinos Sill Gabriel & Lower Los %ngeles RIVERS AND MOUNTAINS CONSERVANCY I January 17, 2008 Robert Person City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 RE: Azusa -Vasquez Acquisition Dear Applicant: Thank you for your recent application for the RMC grant program. The purpose of this letter is to inform you that your Step 1 application will be recommended by staff for Tier 2 status to the Governing Board. This recommendation will be considered by the Governing Board on January 28, 2008. Please be advised that although your project has been placed in Tier 2 there will be a further analysis of your submission once the Board has adopted "Target Areas" later this year. Approval of the "Target Areas" will establish our priorities in each Program Area and your project may fall within that category. The Governing Board meeting will take place at the Garvey Center, 9108 Garvey Avenue, Rosemead, CA 91770, at 3:30 pm, and you are welcome to attend and address the Board on this matter. Please feel free to contact the appropriate program area manager for further information via email or through our main telephone number at (626) 815-1019 using the following extensions: Mountains, Hills, Foothills Jane Beesley ibeeslev(cilrmc.ca.gov Rivers, Tributaries Valorie Shatynski i vsh aty n ski (a) rm c. ca. a ov ext. 109 ext. 114 Rivers and Mountains Conservancy - El Encanto --100 N. Old San Gabriel Canyon Road Azusa, CA 91702 Phone: (626) 815-1019 • Fax: (626) 815-1269 • E-mail: bfaustinos(armc.ca.gov www.rmc,ca.gov San Gabriel & 1 -ower Lars Angeles S•4roxxk RIVERS AND MOUNTAINS CONSERVANCY CALUORNIA RESOURCES AGENCY Governing Board of the - Conservancy March 28, 2008 Dan Arright, Chair Central Basin Water Association Frank Colonna, Vice Chair Robert Person Environmental Public Member Linda Adams City Of Azusa Secretary 213 E. Foothill Blvd. California Environmental Protection Agency Azusa, , CA 91702 Denis Berton San Gabriel Valley Council of Governments RE: Azusa -Vasquez Acquisition Mike Christman Secretary for Resources Resources Agency David De Jesus San Gabriel Valley Water Association Dear Sir/Madam: Michael C. Genest - Director Department of Finance On Monday, March 24, 2008 the Rivers and Mountains Dean Grose Conservancy approved Target Areas and procedures for further Orange County Division of the League of California Cities action on designated Tier 2 projects. We are pleased to inform you Enid Joffe that your project meets the criteria for consideration of a Step 2 San Gabriel Valley Council of application. Further, you now have several options for proceeding Governments Gloria Molina with your application. These options include updating your Los Angeles County Board of Supervisors application for Tier 1 consideration, submitting a "Phased" Patrick O'Donnell application, submitting a full Step 2 application based on your City of Long Beach original Step 1 application or deferring your Step 2 application to the Ed Wilson FY 2009/10 funding cycle. Gateway Cities Council of Governments Vacant Orange County Division of the League of The procedures for further consideration of your application are as California Cities follows: Ex Officio Members Ruth Coleman 1. Completion of the attached Designation Form selecting one Director Department of Parks and Recreation f the following options: o 9 p John Donnelly Executive Director a. TIER 1 — The Tier 1 requirements are specified in the Wildlife Conservation Board attached document. The primary benefit of Colonel Thomas H. Magness District Engineer, Los Angeles District qualifying for this status is that your application will US Army Corps of Engineers be considered in advance of the Tier 2 project Bryan Speegle applications. Select this option if you have new Orange County Executive Office evidence that the project meets Tier 1 status (see Thomas M. Stetson San Gabriel River Water Master attachment) and can provide documentation which Bernie Weingarat supports this position AND you can provide the Angeles National Forest complete Step 2 application by June 6, 2008. US Forest Service Donald Wolfe OR LA County Public Works Executive Officer Be] inda Faustinos Rivers and Mountains Conservancy - El Encanto - 100 N. Old San Gabriel Canyon Road Azusa, CA 91702 Phone: (626) 815-1019 • Fax: (626) 815-1269 • E-mail: bfaustinos@rmc.ca.gov www.rtnc.ca.gov July/August Tier 1 Site Visits September 2008 Tier 1 Funding Recommendations September/October 2008 Tier 2 Site Visits November 2008 i Tier 2 Funding Recommendations 2009110 Funding G ycle January 2009 New Grant Cycle — Call for Projects/Updates Spring 2009 Applications Due Fall 2009 Funding Recommendations All applications will be evaluated utilizing the Project Evaluation Criteria found in the Grant Guidelines on the RMC website: www.rmc.ca.gov. It is important to note that an invitation to submit a Step 2.application for both Tier 1 and 2 projects does not guarantee funding. Site visits will be conducted for those projects that score well in the Project Evaluation Criteria within their.respective Program Areas. We look forward to receiving your Designation Form. Please feel free to contact your Program Manager regarding questions regarding your project. Sincerely, f=�.s Belinda V. Faustinos, Executive Officer Rivers and. Wountains Conservancy 2'001 Grant Program Step 2 Application Training Workshop w t w �k Wednesday; April 16, 2008 9:00 12 : OOp „ t k '` ht CityComptow, :y �,h r Gon:zales Par 1101W. Crsse, tl'F�$ ~'a{y+f9v✓gi se°• Streete a � I'c6ihpton, ” Y r Awr de t• �� . a Tuesday, Ap £� 2, 2008 t City ofa 1 1 t k *4 Aquatic, C 11001 EI .Monte Y r Awr de t• �� . a i i RIVERS AND MOUNTAINS CONSERVANCY PLEASE SEND MAIL TO OUR NEW ADDRESS EI Encanto, 100 N. Old San Gabriel Canyon Road Azusa, CA 91702 DESIGNATION FORM Due Date: May 1, 2008 Project Name (as submitted in your original application) Applicant Please check ONE applicable designation for this project application: ❑ TIER 1 Application: Electioh to submit a Step 2 application which documents Tier 1 status. If you have evidence that the project meets Tier 1 status (see attachment) and can provide documentation which supports this position, AND you can provide the complete Step 2 application by June 6, 2008, OR i ❑ TIER 2 Phased Application/ Election to submit a Tier 2 Phased Application (available on line: vww.rmc.ca.00y). If the project has elements that can be grouped into separate phases (e.g. planning, feasibility analysis, pre- acquisition, construction documents etc.) submit a Step 2 application for those elements of the project ONLY, by June 6, 2008, OR ❑ TIER 2 - Step 2 Application: Election to submit a Tier 2 - Step 2 application by June 6, 2008, for further analysis and consideration by RMC staff (available on line: www.rmc.ca.gov), If you believe your project does not meet Tier 1 criteria, however the elements of the project are clearly defined and you are able to gather all of the information and documents needed to complete the Step 2 application, OR ❑ DEFERRED TIER 2: Election to defer the Step 2 application process until the 2009/10 funding cycle. Submitted By: Signature Typed Name Title Street Address I City I Zip Code Telephone E -Mail MUST BE RECEIVED IN OUR MAIL OR HAND DELIVERY. i OFFICES BY 5PM ON MAY 1, 2008 VIA REGULAR AW TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: F. M. DELACH, CITY MANAGERl� DATE: APRIL -21, 2008 SUBJECT: ADOPTION OF A RESOLUTION IN SUPPORT OF THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOODS AND COASTAL PROTECTION BOND ACT OF 2002, AND THE WATER, SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002, AND THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) FOR THE VAZQUEZ CONSERVATION, EDUCATION AND RECREATION CENTER ACQUISITION PROJECT RECOMMENDATIOM It is recommended that the City Council adopt a resolution in support of the subject project. j BACKGROUND: On January 17, 2008 the San Gabriel & Lower Los Angeles Rivers and Mountains Conservancy (SGRM(t)received grant applications from both the City of Azusa (see attached letters) and the San Gabriel Mountains Regional Conservancy (SGMRC) for the property known as the "Vazques Property" at the north end of the City. After an initial review, both applications were placed on a Tier 2 status. On March 28, 2008, the City was advised that both applications had moved to the next level of consideration, however, the SGRMC has indicated that the SGMRC proposal was much further along than the City's proposal in that they had secured an appraisal of the property acceptable to the State, had a willing seller, etc., and that the SGMRC proposal would probably be funded for those reasons. Given that, staff is recommending the adoption of the attached resolution in support of the SGMRC application. The adoption of the •resolution furthers the City's goal of acquisition of open space for preservation of natural riparian habitat as part of the City's Wilderness Park. FISCAL IMPACT: There is no fiscal impact as a result of the adoption of this resolution. Attachments: Resolution and Notification Letters to the City from the SGRMC. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, SUPPORTING THE SAN GABRIEL MOUNTAINS REGIONAL CONSERVANCY APPLICATIONS FOR GRANT FUNDING APPLICATIONS THROUGH VARIOUS CONSERVANCY AGENCIES, STATE AND FEDERAL FUNDING SOURCES RELATING TO THE ACQUISITION OF 40 ACRES OF PRIVATELY OWNED, HILLSIDE OPEN SPACE (KNOWN AS THE VASQUEZ CONSERVATION, EDUCATION AND RECREATION CENTER) IN THE CITY OF AZUSA i THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS; the Vasquez Ranch is an important and unique habitat area for both the community and region and I WHEREAS; the Vasquez Ranch property currently consists of approximately 40 acres of habitat for wildlife and plant life which provides a rare ability for young and old alike the chance to enjoy its beauty; and - WHEREAS; the main goal of the San Gabriel Mountains Regional Conservancy (SGMRC) is to work with education groups who are interested in learning more about native plants, wildlife and habitats in the hopes of eliminating Nature -Deficit Disorder; and WHEREAS; the proposed project by the SGMRC includes seeking funds to eradicate invasive plants in the hillsides; replanting of lost compatible native plants; building of water stations to assist wildlife where permissible; educational signage; trails and programs; and trail enhancement for public access and safety for hikers; and WHEREAS, the close proximity of the Vasquez Ranch to both schools and residential neighborhoods is a wonderful incentive to educate a large number of people about the various ecological issues regarding native habitat in the middle of an urban setting; and i WHEREAS,' the City has established a precedent for setting aside privately owned, hillside, open space in both the Mountain Cove and Rosedale developments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: s Section 1. The City Council of the City of Azusa is pleased to support the San Gabriel Mountains Regional Conservancy effort and urges all funding agencies to give full and careful consideration to the proposed grant applications submitted by the SGMRC relating to providing restoration and education opportunities for the Vasquez Ranch. Section 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions. Section 3. The City Clerk is hereby directed to forward a copy of this resolution to the San Gabriel Mountains Regional Conservancy for inclusion with the grant applications to any applicable grant funding agencies. Section 4. The City Clerk is hereby directed to forward a copy of this resolution to the Los Angeles County Board of Supervisors seeking additional support for this property zoned as county of Los Angeles. APPROVED and PASSED this .day of , 2008 City Council of Azusa, California Lo JOSEPH R. ROCHA, Mayor ATTEST: VERA MENDOZA, City Clerk APPROVED AS TO FORM: SONIA CARVALHO, City Attorney State of California County of Los Angeles. City of Azusa I, Vera Mendoza, city Clerk of the City of Azusa, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting held on the day of , 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Dated: VERA MENDOZA, City Clerk Resolution No. Page 2 o 2 I Sian Gabriel & Lower Lc�s Angeles o, RIVERS ANIS MOUNTAINS CONSERVANCY CALIFORNIA RESOURCES AGENCY Governing Board of the I January 17, 2008 Conservancy . Dan Arrighi, Chair Central Basin Water Association Robert Person City of Azusa Frank Colonna, Vice Chair 213 E. Foothill Blvd. Environmental Public Member Linda Adams ! Azusa, CA 91702 Secretary California Environmental Protection Agency Denis Bertone San Gabriel Valley Council of Governments Mike Chrisman RE: Azusa -Vasquez Acquisition Secretary for Resources Resources Agency - - David De Jesus San Gabriel Valley Water Association Michael C. Genest Dear Applicant: Director Deparhnent of Finance Dean Grose Orange County Division of the League of Cities Thank you for your recent application for the RMC grant program. California Enid Joffe The purpose of this letter is to inform you that your Step 1 San Gabriel Valley Council of application will be recommended by staff for Tier 2 status to the Governments Governing Board. This recommendation will be considered by the Gloria Molina Los Angeles County Board of Supervisors Governing Board on January 28, 2008. Patrick O'Donnell City or Long Beach Please be advised that although your project has been placed in Ed Wilson Tier 2 there will be a further analysis of your submission once the Gateway Cities coweR of Governments Board has adopted "Target Areas" later this year. Approval of the Vacant °Target Areas' will establish our priorities in each Program Area and orange Courcy Division of the League of California Cities your project may fall within that category. Ex Officio Members Ruth Coleman The Governing Board meeting will take place at the Garvey Center, Director 9108 Garvey Avenue, Rosemead, CA 91770, at 3:30 pm, and you Department of Parks and Recreation are welcome to attend and address the Board on this matter. John Donnelly Executive Director - Please feel free to contact the appropriate program area manager Wildlife Conservation Boara for further information via email or through our main telephone Colonel Thomas Magness number at (626) 815-1019 using the following extensions: District Engineer, Losos Angeles District US Army Corps of Engineers Bryan Speegle Mountains, Hills, Foothills Orange Cowry Executive Office Jane Beesley LeeslevCilrmaca.pov ext. 109 Thomas M. Stetson Sam Gabriel River Water Master Berme Weingardt Rivers, Tributaries Angeles National Forest I Valorie Shatynski vshatynski(cDrmc.ca.gov ext. 114 US Forest Service Donald Wolfe - LA Cowry Public Works Executive Officer Belinda Faustinos Rivers and Mountains Conservancy - El Encanto - 100 N. Old San Gabriel Canyon Road Azusa, CA 91702 Phone: (626) 815-1019 • Fax: (626) 815-1269 • E-mail: bfaustinos(a,rmc.ca.gov www.rmcca.gov Tan Gabriel & Lower Lns Angeles Q�r.... KIVERS ANI)11�OUN`I°AINS CONSERVANCY CALIFORNIA RESOURCES AGENCV Governing Board of the Conservancy March 28, 2008 Dan Arrighi, Chair Central Basin Water Association Frank Colonna, Vice Chair Environmental Public Member Robert Person Linda Adams City of Azusa Secretary 213 E. Foothill Blvd. California Environmental Protection Agency Azusa, CA 91702 - Denis Berton San Gabriel Valley Council of Governments RE: Azusa -Vasquez Acquisition Mike Chrisman Secretary for Resources Resources Agency David De Jesus San Gabriel Valley Water Association Dear Sir/Madam: Michael C. Genest - Director Deparhnent of Finance On Monday, March 24, 2008 the Rivers and Mountains Dean Grose Conservancy approved Target Areas and procedures for further Orange County Division of the League of Califomia Cities action on designated Tier 2 projects. We are pleased to inform you Enid Joffe that your project meets the criteria for consideration of a Step 2 San Gabriel Valley Council of . application. Further, you now have several options for proceeding Governments Gloria Molina with your application. These options include updating your Los Angeles County Board of Supervisors application for Tier 1 consideration, submitting a "Phased" Patrick O'Donnell application, submitting a full Step 2 application based on your City of Long Beach original Step 1 application or deferring your Step 2 application to the Ed Wilson FY 2009/10 funding cycle. Gateway Cities Council of Governments Vacant Orange County Division of the League of The procedures for further consideration of your application are as California Cities follows: Ex Officio Members Ruth Coleman 1. Completion of the attached Designation Form selecting one Director Depart Department of Parks and Recreation of the following options: 9 p John Donnelly Executive Director a. TIER 1 — The Tier 1 requirements are specified in the Wildlife Conservation Board attached document. The primary benefit of Colonel Thomas H. Magness District Engineer, Los Angeles District qualifying for this status is that your application will US Army Corps of Engineers be considered in advance of the Tier 2 project Bryan Speegle applications. Select this option if you have new Orange County Executive Office evidence that the project meets Tier 1 status (see Thomas M. Stetson San Gabriel River Water Master attachment) and can provide documentation which Bemie Weingardt supports this position AND you can provide the Angeles National Forest complete Step 2 application by June 6, 2008. US Forest Service Donald Wolfe OR LA County Public Works Executive Officer Belinda Faustinos Rivers and Mountains Conservancy - EI Encanto • 100 N. Old San Gabriel Canyon Road Azusa, CA 91702 Phone: (626) 815-1019 • Fax: (626) 815-1269 • E-mail: bfaustinos(a,rmc.ca.gov www.rmc.ca.gov July/August Tier 1 Site Visits September 2008 Tier 1 Funding Recommendations September/October 2008 Tier 2 Site Visits November 2008 Tier 2 Funding Recommendations 2009/10 Funding Cycle January 2009 New Grant Cycle — Call for Project /Udates Spring 2009 j Applications Due Fall 2009 Funding Recommendations i All applications will be evaluated utilizing the Project Evaluation Criteria found in the Grant Guidelines on the RMC website: www.rmc.ca.gov. It is important to note that an invitation to submit a Step 2 application for both Tier 1 and 2 projects does not guarantee funding. Site visits will be conducted for those projects that score well in the Project Evaluation Criteria within their respective Program Areas. We look forward to receiving your Designation Form. Please feel free to contact your Program Manager regarding questions regarding your project. Sincerely, Belinda V. Faustinos, Executive Officer Rivers and"All � u'ntains Cohservancy 2007, G -r -ant ProgrAbi Step 2,A66-TraininglicAtion Trning Application I g c •khop i 16, Tuesday A *..1 22, 2008 9:00am City of Aqual r 11001 45 : A � , L-, '� j A�i, A RIVERS AND MOUNTAINS CONSERVANCY PLEASE SEND MAIL TO OUR NEW ADDRESS EI Encanto, 100 N. Old San Gabriel Canyon Road Azusa, CA 91702 DESIGNATION FORM Due Date: May 1, 2008 I Project Name (as submitted in your original application) Applicant Please check ONE applicable designation for this project application: ❑ TIER 1 Application: Election: to submit a Step 2 application which documents Tier 1 status. If you have evidence that the project meets Tier 1 status (see attachment) and can provide documentation which supports this position, AND you can provide the complete Step 2 application by June 6, 2008, OR ❑ TIER 2 Phased Application; Election to submit a Tier 2 Phased Application (available on line: www.rmc.ca.gov). If the project has elements that can be grouped into separate phases (e.g. planning, feasibility analysis, pre- acquisition, construction documents etc.) submit a Step 2 application for those elements of the project ONLY, by June 6, 2008, OR, ❑ TIER 2 - Step 2 Application: Election to submit a Tier 2 - Step 2 application by June 6, 2008, for further analysis and consideration by RMC staff (available on line: www.rmc.ca.gov), If you believe your project Goes not meet Tier 1 criteria, however the elements of the project are clearly defined and you are able to gather all of the information and documents needed to complete the Step 2 application, OR ❑ DEFERRED TIER 2: Election to defer the Step 2 application process until the 2009/10 funding cycle. Submitted By: Signature Typed Name Title Street Address City � Zip Code Telephone E -Mail MUST BE RECEIVED, IN OUR OFFICES BY 5PM ON MAY 1, 2008 VIA REGULAR MAIL OR HAND DELIVERY. l eAn r CITY OF AZUSA i MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, APRIL 7, 2008 - 6:30 P.M. i he City Council of the City of Azusa met in regular session at the above date and time in the . zusa Auditorium, located at 213 East Foothill Boulevard, Azusa, CA, 9170Z. i '.LOSED SESSION i It. Jorge Rosales addressed Council ori Items Closed Session 2 - 5, Real Property legotiations, Dalton properties, stating that they make reference to Watt Genton as the egotiators and as of March 12`h and 26'h the Planning Commission was notified their contract vas terminated; he requested clarification. , He also addressed Closed Session item 9, noting :iat items F-3 and G-3 on the agenda, seem to be backfilling the same position and didn't see he need for the discussion in Closed Session. Closed Sess J. Rosales Comments :ity Attorney Carvalho responded stating that the proper language for the Closed Session CityAtmy/City degotiator for the Dalton properties Is Genton Barth. City Manager Delach responded to Mgr response luestion regarding Economic Development Director stating that it is for the recruitment and/or erms of the contract for a permanent repladement, not the interim as listed on the Agenda. he City Council recessed to Closed at 6:37 ip.m. to discuss the following: Recess 'ONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Conf w/Labor \gency Negotiators: City Manager Delach and Assistant City Manager Person Neg >rganizations/Employee: AMMA, ACEA, APMA, SEUI :ity Attorney Carvalho announced that, the following Closed Session items were not City Attorney tiscussed in Closed Session, and postponed to another meeting,• the proper negotiating Comments )arty is Genton Barth. REAL PROPERTYNEGOTLAT/ONS (Gov. Code Sec. 54956.8 °ropertyAddress.• 303 E. foothill!Boulevard, Azusa, CA 91702 Vegotiating Parties: Watt Genton Associates, LP ggency Negotiators: City Manager Delach and Assistant CityManager Person Under Negotiation: Price and Terms of Payment REAL PROPERTYNEGOTLATLONS LGov. Cone Sec. 54956.8 9ddress: 716 N. Dalton Avenue, Azusa, CA 91701 Negotiating Parties: Watt Genton Associates, LP ggency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment REAL PROP ERTYNEGOTL47TONS (Gov. Cie Sec. 5495(..8) 4ddress: 716 N. Dalton Avenue, Azusa, CA 91701 Negotiating Parties: Watt Genton Associates, LP 4gency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment I REAL PROPERTYNEGOT/ATIONS (Gov. Code Sec. 54956.8) ' Address: 728 N. Dalton'Avenue, Azusa, CA 91701 Negotiating Parties: Watt Genton Associates, LP Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment Real Prop Neg 303 E. Foothill Real Prop Neg 716 N. Dalton Real Prop Neg 726 N. Dalton Real Prop Neg 728 N. Dalton BLOCK 36 REAL PROPERTY NEGOTIATIONS (Gov. Code Sea 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 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 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 PUBLIC EMPLOYMENT (Gov. Code Sec. 549571 Title: Community Development Director Block 36 Real Prop Neg 152 E. Foothill Real Prop Neg 100 E. Foothill Real Prop Neg 614 - 640 N. Azusa Avenue Pub Employ Com Dev Dir The City Council reconvened at 7:35 p.m. City Attorney Carvalho advised that there was no Reconvened reportable action taken in Closed Session and the Dalton Properties were postponed. City Attorney Mayor Rocha called the meeting to order. Call to Order Ms. Claudia Martinez of Girl Scout Troop 912 led in the salute to the Flag Flag Salute INVOCATION was given by - President Richard A. Walker of the Church of Jesus Christ of Invocation Latter -Day Saints ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Director of Utilities Hsu, 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, Library Director Tovar, Recreation Supervisor Gonzales, Recreation Coordinator Gonzales, Deputy City Clerk Toscano. CEREMONIAL Ceremonial Councilmember Gonzales presented a Proclamation to Azusa Library Director Albert Tovar, Library Week proclaiming April 13-19, 2008 as National Library Week. Mayor Pro -Tem Carrillo presented a Proclamation to American Idol Contestant, Daniel Noriega, Proclamation of Azusa, in recognition of his accomplishments. Mr. Noriega sang a song for the audience. D. Noriega Councilmember Macias presented a Proclamation to Girl Scout Troop# 912, proclaiming Proclamation Girl Scouts January - March 2008 as "Girl Scout Cookie Campaign", PUBLIC PARTICIPATION Pub Part Ms. Julianne Smith invited all to Azusa Reads, Azusa Writes, Azusa Counts and Azusa Calculates J. Smith Programs, year end celebration on April 21" in the Library from 4-6 p.m. Comments 04/07/08 PAGE TWO ecreation Coordinator Gonzales Invited Council and the community to the Cinco de Mayo L. Gonzales rmily Celebration on Sunday, May 4" from '12 noon - 6:00 p.m. on the Azusa City Hall Front Comments rwn. She announced entertainment as follows: Bottom Line, Azusa Recreation Department ante Classes, Pork Chop tom Band and Marlachl Camino Real. it. Mike Lee addressed Council regarding the following: Foothill Shopping Center, Jakes Hot M. Lee - ogs, Banner Celebration, Azusa Beautiful, Economic Development Director and the WWII Comments elebration. Ir. Robert Aschenbrenner addressed Council and thanked Library Director Tovar and his Aschenbrenner -nployees for their assistance at the Libray. He expressed concern regarding the need for a Comments irn signal north bound on Citrus and westbound on Foothill; stating that there is a serious affic problem there in making a left hand turn at this intersection. I Vera Council expressing her heartfelt sadness over an experience her P. Vera Is. Pamela addressed lend has been having with what she described as being targeted with racial slurs. i Comments 9ayor Rocha invited her to a Joint Meeting of the Council and Azusa School Board on Mayor hursday, April 17, 2008, at the National Guard Readiness Center on Sierra Madre in Azusa, Comment there she can address her concerns. 9r. Jorge Rosales addressed -item G-3, Professional Services Agreement with Jennie De Fazio, J. Rosales consulting services for the Azusa Redevelopment Agency in the amount not to exceed Comments 3r retail 48,000; expressing his concern and opposition that it would be repeat tasks of the developer, e. ibringing n retailers. I Ar. Wesley Willison addressed Council regarding traffic on Foothill where a student of Azusa W. Willison 'acific University, Julie Ferris, was hit and Injured by the Trolley. He stated that there is a need Comments ar a comprehensive upgrade of the Foothill and Citrus area and proposed a pedestrian cross valk with a full traffic signal be placed at the old Monrovia Nursery entrance; the light at Citrus .nd Foothill needs to be upgraded; and a traffic signal needs to be installed when Azusa Pacific 1niversity moves one of its drive ways. He added that APU will be hiring a Traffic Engineer to .tudy the area and there will be a comprehensive upgrade of their student awareness with egards to traffic. As. Jaclynn Anderson provided an update on the APU student, Julie Ferris, who is slowly J. Anderson xogressing. She expressed her appreciation for the installation of a red zone in that area and Comments he elimination of vehicles. She detailed how the accident occurred where Ms. Ferris was hit >y the Trolley and thanked Council for dbing all they can to prevent a situation like this xcurring again. Nr. Tizoc Cruz -Gonzalez invited all to support him on his quest to become an Obama Delegate Cruz -Gonzales 'o the 2008 Democratic National Convention. He stated that the delegate will be chosen on Comments ;unday, April 13, 2008, at the Covina Public Library located at 234 Second Avenue, in Covina, 'rom 2-3 p.m. Any registered democrat who lives within the 32"" Congressional District is eligible to vote. For further Information call. (626) 203-8755. Ms. Suzanne Avila and the Think River Team, announced Think Riverl Azusa clean up event on S. Avila Saturday, April 12, 2008, 9:00 - 11:30 a.m.;at the new Azusa River Park, and the event is free. Think Riverl i As. Julie Pusztai, Director of the Neighborhood Wellness Center, addressed Council thanking J. Pusztai :hem for the partnership, and stated that they will be at the -Think Riverl clean up event Comments Drovlding health education information and diabetes prevention. She encouraged all to attend. I Ms. Barbara Croonquist of the U. S. Forest Service addressed Council announcing that there B. Croonquist will be a Watershed Education planned for the Think River! event and encouraged all to attend. Comments iSarah of Slauson Middle School and Ashleyof Foothill Middle School addressed Council stating Sarah &Ashley that they will be giving away free pedometers to measure amount of steps taken to walk the Comments Bike Path, gloves, trash bags, water and suni screen at the Think River! event. Ms. Sandra Rentschler addressed Council thanking all for attending the Azusa Beautiful event S. Rentschler held over the week -end and encouraged all1to attend the Think River! Event. She, as a Planning Comments Commissioner, provided a report on her attendance at the League of California Cities Conference in Sacramento. She suggested allocating funding in next years budget in order that additional commissioners can attend conferences. 04/07/08 PAGE THREE REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Director of Public Works/Assistant City Manager Makshanoff responded to Mr. Acshenbrenner Makshanoff regarding the intersection of Citrus and Foothill stating that he has been communicating with Response APU students and staff and Citrus College discussing the intersections, changes, costs, turn To comments lanes, mid block cross walk, and painting curbs red, etc. He responded to questions regarding intersection ownership, which is partly owned by Glendora who will be included in the process. He introduced the new City Engineer Carl Hassel. City Manager Delach requested that item G-3, Professional Services Agreement with Jennie De City Mgr Fazio be pulled from the agenda. He provided an update on the issue of the Covina Irrigating Comments Company and Crystal Canyon Homeowners Association stating that they have scheduled mediation for April 14, 2008, and the item will come back at the next City Council Meeting. Sierra Madre street was opened on March 31, 2008. Mayor Pro -Tem Carrillo responded to Ms. Vera comments regarding racial slurs and advised Carrillo that it will not be tolerated; he talked about the work of the Human Relations Commission to Comments address issues as well as possible solutions. He expressed his excitement about the 8" graders of Slauson Middle school who are on a trip to Washington D.C. and thanked members of the Azusa Beautiful group for the great kick-off event. Councilmember Gonzales expressed his concern about the incident Ms. Vera spoke of and also Gonzales stated it wouldn't be tolerated; he referred to the meeting with the school board for possible Comments solutions. He announced that the first baby born in 2008 in the City of Azusa was that of Mr. Roman Rodriguez. Councilmember Macias reminded all that Tuesday, April 15, 2008 is the deadline to rile taxes. Macias He stated that there is no DNAC meeting tomorrow; thanked Public Works for working with "Comments Cal -Trans in the removal of graffiti on the 210 freeway as well as removal of weeds; asked for an update on the RFQ for the on and off ramps and on the D -Club; thanked the police department for the traffic enforcement. Councilmember Hanks stated that the MTA has released its long-range transportation plan and Hanks it's now in the 45 day public review period which can be viewed at www.metro.net/imagine; Comments urged all to provide input at the San Gabriel Valley public meeting which will be about the long range plan at Portrero Heights Elementary School at 8028 E. Hill Drive, Rosemead or e-mail metroolanPmetro.net; expressed appreciation and congratulated the Police Department for the recent operation in finding a lost child; and asked that the meeting to be adjourned in memory of Lisa Watson, a good friend. Mayor Rocha congratulated Mr. and Mrs. Roman Rodriguez for having the first baby born this Rocha year in the San Gabriel Valley; asked that the meeting be adjourned in memory of: Robert Comments Ramon, Ernestine Nettie Huerta, John McFaren, Rachel Miranda, Roy Kepman, Lucy Gomez, and Mary Lillian H. Padilla; announced that on Friday, at the City Hall Flag pole at 1:00 p.m. there will be a recognition ceremony for Gabriel Raymond Noriega a WWII veteran who passed away in the Philippines and is buried in Manila; his family will be receiving his Purple Heart. He invited all to Join him on April 19, 2008, at 10:00 a.m. In front of II Forno to hang banners for Azusans in the military, one being the son of Ross Montes, city" employee. Moved by Councllmember Hanks, seconded by Councilmember Gonzales and unanimously . Proc Muni carried to approve request for proclamation in recognition of Municipal Clerks Week May 4 Clrks Week through May 10, 2008. Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously Proc carried to approve request for proclamation for the family of the late Private Gabriel Ramon Gabriel Ramon Noriega, WWII Veteran; the family will be receiving his medals on April 111'. Norlega Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously Cert of Part carried to approve request for Certificates of Participation to the winning schools in the Recycling Beverage Container Recycling Contest from October 2007 to February 2008. Contest SCHEDULED ITEMS Sched Items PUBLIC HEARING - DALTON - FOOTHILL MIXED-USE DEVELOPMENT APPLICATION: GPA- Pub Hrg 2007-01. ZCA-226. Z-2007-01. DR -2007-43. VTTM-069751: 700 BLOCK OF NORTH DALTON Dalton - AVENUE, alton- AVENUE BETWEEN FOOTHILL BOULEVARD AND THE METRO GOLD LINE RIGHT -OF WAY Foothill NOT INCLUDING THE SENIOR CENTER BUILDING, AND EAST OF DALTON AVENUE. Mixed Use Dev Application 04/07/08 PAGE FOUR =onomic and Community Development Director Coleman addressed the Hearing stating that ie mixed use development is located on the 700 block of North Dalton bounded by Foothill, alton, and the rail right-of-way; it does not include the Senior Center building but is located 1jacent to it. The project proposed is rtie construction of 73 dwelling units, 57 stacked ondominiums located over retail and 16 town homes; 9,000 square feet of retail and a 164 Dace parking structure. The project will be done in two phases, and he emphasized that it idudes a Condition of Approval prohibiting the town home development until adequate placement parking accommodations are 'provided for the Senior Center. He thanked all volved in the project. .ontract Planner Brownfield of Hogle-Ireland addressed the Hearing stating that there are four ems being presented for approval: General Plan Amendment, Vesting Tentative Tract Map, levelopment Code Overlay and the Design Review and noted that there have been 1 I DNAC ieetings and that staff has met with Senior Citizens, Senior Advisory Counsel, Azusa Design .eview Board, Fire Department, Police Department, Azusa Light and Water, Engineering and iat the Planning Commission has had two hearings. Planning Commission has made the DIlowing recommended changes to Condition of Approval: A2 - Initiation of the town homes' onstruction, including the demolition of the; Senior Center parking lot on Lot 4, shall not occur .ntil the Senior Center's parking spaces have been replaced to the satisfaction of the Planning .ommisslon and Condition of Approval Al9 - Windows with a minimum STC -32 rating are =commended for bedroom windows associated with dwelling units along Foothill Boulevard nd at the Dalton Avenue/Foothill Boulevard corner that are directly exposed to traffic noise. ;he detailed the following: General Plan Designations, Development Code Overlay, Vesting 'entative Trap Map, Noise study, Traffic & Circulation, Design Review, Vesting Tentative Tract Aap Findings, General Plan Amendment Findings, Zoning Map Amendment Findings, Design :eview Findings and responded to questions posed regarding density, northerly lot, wrapped jarking structure, no impacts on the west side of Dalton, blended density method, and stretch elevator. Mayor Rocha voiced concern that the local Fire Departments do not have the �qufpment/ladders to reach the third and fourth Floors in case of a fire. Mr. Coleman and Ms. Brownfield both provided additional information regarding the stairways, etc. and assured :ouncil that the Fire Department provided 'clear requirements for the project. City Manager )elach responded that the buildings are fully equipped with sprinklers. Additional discussion vas held regarding options and feasibilities to obtain fire trucks that can reach additional ieights, existing medians, traffic mitigation; Veterans Monument - no modifications, and size )f the east side sidewalk. - B. Coleman Comments L. Brownfield Hogie-Ireland Presentation fhe Mayor declared the Hearing open. The Deputy City Clerk read the affidavit of proof of Hrg open >ublicatlon of notice of said hearing published in the Azusa Herald on March 27, 2008. Nr. Dennis Wiilut addressed the Public Heating voicing opposition and concerns to the project D. Willut egarding the senior center parking lot, a possible new Library, density, and the need for an Comments engineering report. W. Mike Lee addressed the Public Hearing expressing concern regarding parking lot at the M. Lee senior center and asked that it be left in tact. Comments Vir. Tizoc Cruz -Gonzalez addressed the Public Hearing asking if the property being deeded . T. Cruz- �ack to the City from the developer would :be included in the calculations and questioned the Gonzalez Jvic use being transferred to housing. i Comments Vis. Mercedes Castro on behalf of the Azusa Chamber of Commerce addressed the Public M. Castro Hearing in favor of the project stating that it: is good for the City. Comments Ms. Peggy Martinez addressed the Public Hearing asking that Council not lose focus on the P. Martinez actions to be taken at this time; she reminded them that there is a need to begin the process in Comments order to move forward with the project. i Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Gonzales and unanimously Hrg Closed carried to close the public hearing. Economic and Community Development Director Coleman responded to questions posed Response regarding the senior center parking lot issue stating that there can be no development at the To questions northerly lots until adequate replacement parking accommodations are provided. City Manager Delach stated that the proceeds of all the property sales will be committed to the new library as well as the tax increments Mr. Coleman also explained about the density calculations with City owned property. Additional discussion was held regarding parking calculations, old Library project, and additional fire protection. The following was adopted with recommended changes from the Planning Commission: 04/07/08 PAGE FIVE Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING Res. 08-C26 GENERAL PLAN AMENDMENT NO. GPA -2007-01 TO CHANGE THE GENERAL PLAN Appvg Gen DESIGNATION IN THE 700 BLOCK OF N. DALTON AVE. (APN 8608-028-908, 8608-028-904, Plan Amend 86008-028-903, 9608-028-901, AND 8608-028-905) FROM PUBLIC/CIVIC TO COMMERCIAL/RESIDENTIAL MIXED USE. Moved by Councilmember Macias, seconded by Mayor Pro -Tem Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: CARRILLO, MACIAS, HANKS NOES: COUNCILMEMBERS: GONZALES, ROCHA ABSENT: COUNCILMEMBERS: NONE Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING Res. 08-C27 VESTING TENTATIVE TRACT MAP NO. 069751 FOR RESIDENTIAL AND COMMERCIAL MIXED- Vesting USE PURPOSES LOCATED IN THE 700 BLOCK OF NORTH DALTON AVENUE. Tentative Tract Map Moved by Councilmember Macias, seconded by Mayor Pro -.Tem Carrillo to waive further 700 N. reading and adopt. Resolution passed and adopted by the following vote of the Council: Dalton AYES: COUNCILMEMBERS: CARRILLO, MACIAS, HANKS NOES: COUNCILMEMBERS: GONZALES, ROCHA ABSENT: COUNCILMEMBERS: NONE Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING Res. 08-C28 DESIGN REVIEW DR -2007-43 TO CONSTRUCT A FOUR-STORY MIXED-USE PROJECT 57 Design Review STACKED -FLAT UNITS, 16 TOWN HOME UNITS, 9,000 SQUARE FEET OF RETAIL AND 164 700 N. Dalton AUTOMOBILE PARKING SPACE PARKING GARAGE ON THE 700 BLOCK OF NORTH DALTON AVENUE. Moved by Councilmember Macias, seconded by Mayor Pro -Tem Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: CARRILLO, MACIAS, HANKS NOES: COUNCILMEMBERS: GONZALES, ROCHA ABSENT: COUNCILMEMBERS: NONE Councilmember Macias offered an Ordinance for First Introductory reading, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING DEVELOPMENT I" Rdg Ord CODE CHANGE NO. ZCA-226 AND Z-2007-01 TO .CREATE THE DOWNTOWN NORTH Create Overlay DALTON OVERLAY ZONE IN THE 700 BLOCK OF N. DALTON AVE. (APN 8608-028-908,8608- Zone 028-904, 86008-028-903, 9608-028-901, 8608-028-905, 8608-029-901, 8608-029-900, Downtown 9608-029-909, 8608-029-908, 8608-029-907, 8608-029-906, 8608-029-904, and 8608- North 029-0030) Moved by Councilmember Macias, seconded by Mayor Pro -Tem Carrillo and carried to waive Introduction further reading and introduce the proposed Ordinance. Mayor Rocha and Councllmember Approved Gonzales dissenting. Councilmember Macias asked for clarification of Mayor Rocha dissenting vote which was due Macias to high density, the need for maximum fire protection and one exit for parking structure. He Request asked that staff look into the Mayors concerns regarding the pro(ect. CONSIDERATION OF GRANTING ELIGIBILITY TO APPLY FOR A FIREWORKS SALES PERMIT TO Fireworks Sales THE GLADSTONE HIGH FOOTBALL BOOSTERS/LINEBACKERS CLUB. Discussion was held Permit regarding sections of the Azusa Municipal Code which pertain to Fireworks and possible Gladstone changes to the ordinance, focusing on exemption, automatic attrition clause, purpose, limit on Boosters days for sale of fireworks, and timeframes for displaying fireworks. 04/07/08 PAGE SIX loved by Councilmember Gonzales, seconded by Mayor Pro -Tem Carrillo and unanimously Appeal granted arried to grant the appeal for eligibility to apply for a Fireworks Sales Permit to the Gladstone Gladstone ligh School Boosters/Linebackers Club basad on their stated intent to apply for such permit High Boosters Lst year and Article IV: section 30-132, Paragraph (b) of the Azusa Municipal Code, providing gat two permits may be issued to Azusa (High School, Gladstone High School, and Azusa acific University. The City Manager was directed to agendize the issue of fireworks 2gulations to be discussed at a future meeting and direction will be given to the City Attorney D prepare amendments if approved by Council. he CONSENT CALENDAR consisting of Items D-1 through D-18 was approved by motion of Consent Cal Aayor Pro -Tem Carrillo, seconded by Councilmember Hanks and unanimously carried with the Items xception of items D-11, 13, 15, 16, and 17, which were considered under the Special Call D-11, 13, 15- iortion of the Agenda. Item D-5 was removed from the agenda. 17, Spec Call i I . The minutes of the regular meeting of March 17, 2008, were approved as written. Min appvd 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or Regular Appointments: K Godbey, R. Gonzales, L. Corrales, S. Items Spahr, II, and M. Antwine. ! New Appointment: G. Acosta, Planning Technician. Flexible Staffing Promotion: R. Zuniga, Street Maint. Worker II Separation: R. Dominguez and S. Phillips. 3. The City Treasurer's Report as of February 29, 2008, were received and filed. Treas Rpt 4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA , CALIFORNIA, TO JOIN Res. 08-C29 THE LOS ANGELES COUNTY SINGLE -USE BAG REDUCTION AND RECYCLING PROGRAM. 5. The following was removed from the Agenda: Bond reduction request by Christopher Removed Homes for Tract 63336-02 (Mapleton), From Agenda 6. Approval was given to adopt a "support" position on AS 1903 to re-establish liability Support AS protection for Flood Control and Water Conservation Activities conducted by the Los 1903 Angeles County Department of Public Works and the Mayor was authorized to sign letters to appropriate state representatives and legislative committees considering the Assembly Bill during the legislative process. 7. Approval was given to award the purchase of 24 Modems for MDC Units in Police Cars in Pur Modems the amount of $18,183.41 to the lowest bidder GovConnection. Police cars 8. Formal sealed bids were waived in accordance with Azusa Municipal Code Section 2- Upgrade Phone 523(d) competitive bidding already completed, due to the fact that Spenser System Communications is covered under 'the California Multiple Award Schedule CMAS Spenser agreement number 3-01-70-1488A and approval was given for the upgrade of the Phone Comm System. The issuance of a purchase older to Spenser communications in an amount not to exceed $48,336.08 was also approved. 9. Formal sealed bids were waived 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 Ithe California Multiple Award Schedule CMAS agreement number 3-03-00-0389B. Further, approval was given for the infrastructure upgrades and issuance of a purchase order to J.D. Briggs Communications in the amount not to exceed $27,400. I 10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA IN OPPOSITION TO THE CALIFORNIA PROPERTY OWNERS AND FARMLAND PROTECTION ACT, PROPOSITION 98. 11. SPECIAL CALL ITEM. 12. Approval was given for the Notice of Completion for the construction of foul ball fencing at Gladstone Park in the amount of $17,480.00 and staff was authorized to file the Notice of Completion with Los Angeles County Clerk. 13. SPECIAL CALL ITEM. j 04/07/08 PAGE SEVEN Upgrad PW Voice & Data Cable J.D. Briggs Res. 08-C30 Oppose Prop 98 Spec Call. NOC Foul Ball Fencing Gladstone Pk Spec Call 14. Approval was given for the Issuance of a purchase order in an amount not to exceed Elect Meters $56,636 to Mc Avoy a Markham of Irvine, Ca, for the purchase of 960 Centron CISR McAvoy Electric Meters, under the provisions of Section 2-523 (d), no competitive market, of the Azusa Municipal Code. 15. SPECIAL CALL ITEM. - Spec Call 16. SPECIAL CALL ITEM. Spec Call 17. SPECIAL CALL ITEM. Spec Call 18. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 08-C31 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Special Call Chief of Police Garcia responded to question regarding accessories of the tactical Swat Vests. Chief Garcia Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously Response carried to approve the Police Department's purchase of twelve (12) ballistic Protech Trimax Pur Swat Vests PT100 SWAT vests with accessories, in the amount of $20,589.15 (inclusive of tax) from Aardvark Tactical Inc. located In the City of Azusa. City Manager Delach responded to question regarding the purchase of 6,300 Circuit Feet of City Mgr 500 MCM Primary Copper Cable stating that there are precautions being taken to keep it safe Response and locked up. Moved by Councilmember Gonzales, seconded by Councllmember Hanks and Pur Copper unanimously carried to approve the issuance of a Purchase Order to HD Supply Utilities of Cable Santa Fe Springs, CA, in an amount not to exceed $254,279 for the cable. Mayor Rocha addressed the MOU with the FSG Coalition for the Homeless and asked that the Rocha recitals be amended to read "One -Time" allocation "from the General Fund", etc. Moved by Comments Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried to FSG Coalition approve the revised Memorandum of Understanding Agreement, as amended, with the East Homeless San Gabriel Valley Coalition for the Homeless to provide temporary shelter for families of Azusa Amendment Unified School District with a one-time budget appropriation of $10,000 from General Fund Approved revenue resources; and authorize the City Manager to execute the agreement. Staff responded to questions regarding too many proposed traffic signals on Foothill that they Staff Response were exploring/studying these areas at this time and that staff would look into the feasibility of Traffic Signal a traffic signal at Citrus in front of the 99 cent store. Other questions were regarding verbiage Maint Agmt of "Instructions to Proposers", i.e. flashing beacons, safety light, city maintained traffic signals and cost of a traffic signal; staff will respond to unanswered questions at a later time. Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously Approved carried to 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. EXTEND AZUSA AVE. STORM DRAIN. Discussion was held regarding the Azusa Avenue design Extend Azusa services, island drainage on Azusa, Foothill and responsibility to keep clean. Councilmember Storm Drain Macias advised that business owners in that area request to hold off on the extension of the Deferred storm drain due to the affect it would have on their businesses at this time and asked that it be deferred. It was noted that the project could be completed within 10-14 days. After additional discussion regarding the project, it was moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried to defer the extension of the Azusa Avenue Storm Drain Project to late summer or late fall In order accommodate the local business owners. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 11:19 CnCUCRA P.M. TO CONDUCT THE FOLLOWING: Convene jntly, Director Hanks and Director Gonzales left the dais and abstained from participation in the Hanks/Gonzales following item due to a conflict of interest. Both were selected by random ballot not to Abstained participate in the Pian Amendment. 04/07/08 PAGE EIGHT 1ayor Pro -Tem Carrillo offered a Resolution entitled . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CONSENTING TO AND Res. 08-C32 ALLING FOR A JOINT PUBLIC HEARING REGARDING THE AMENDMENT TO THE Jnt Pub Hrg EDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END City .EDEVELOPMENT PROJECT AREA. i Roved by Mayor Pro -Tem Carrillo, seconded by Councilmember Macias to waive further jading and adopt. Resolution passed and adopted by the following vote of the Council: ,YES: COUNCILMEMBERS: TOES: COUNCILMEMBERS: ,BSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CARRILLO, MACIAS, ROCHA NONE dONZALES, HANKS NONE )irector Carrillo offered a Resolution entitled t RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA BOARD OF Res. 08-R17 )IRECTORS CONSENTING TO AND CALUN6 FOR A JOINT PUBLIC HEARING REGARDING THE Jnt Pub Hrg "ENDMENT TO THE REDEVELOPMENT' PLAN FOR THE MERGED CENTRAL BUSINESS Agency ASTRICT AND WEST END REDEVELOPMENT PROJECT AREA. gloved by Director Carrillo, seconded by Director Macias to waive further reading and adopt. tesolution passed and adopted by the following vote of the Redevelopment Board Members: WES: DIRECTORS: CARRILLO, MACIAS, ROCHA DOES: DIRECTORS: NONE \BSTAIN: DIRECTORS: GONZALES, HANKS \BSENT: DIRECTORS: NONE rHE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY. CONTINUED AT 11:22 P.M. CRA convene -HE CITY COUNCIL RECONVENED AT 11:50 P.M. Cncl rcnvd Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Hanks and unanimously Adjourn In tarried to adjourn in memory of Robert Ramon, Ernestine Nettie Huerta, John McFaren, Rachel Memory of Miranda, Roy Kepman, Lucy Gomez, Mary Lillian H. Padilla and Lisa Watson. R. Ramon, E. Huerta, J. McFaren, R. Miranda, . R. Kepman, L. Gomez, M. Padilla and I L. Watson UPCOMING MEETINGS: i Upcoming Meetings Spril 17, 2008, Joint City CounciVAzusa Unified School District Meeting - 6:30 p.m. Spril 21, 2008, City Council Meting - 6:30 p.m. (Auditorium) Spril 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) TIME OF ADJOURNMENT: 11:51 P.M. 4SSISTANT CITY CLERK NEXT RESOLUTION NO. 2008-C33. NEXT ORDINANCE NO. 2008-01. 4/07/08 PAGE NINE CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER VIA: F.M. DELACH, CITY MANAGER/% DATE: APRIL 21, 2008 SUBJECT: HUMAN RESOURCES ACTION ITEMS RECOMMENDATION It is recommended that the City Council approve the following Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). BACKGROUND On April 8, 2008, the Personnel Board confirmed the following Department Head recommendation regarding the following Personnel Action requests. A MFRIT INrRFACF ANn/r)R RFr-,I II AR APPf)INTMFNT- DEPARTMENT 'NAME TaASSIFICATION _ $ACTION/EFF" DATE GE%ST.EF ;BASEMOSALARY . RFS Ramon Arevalo Park Maintenance Worker I Merit Inc. 04-17-08 4153/3 $3,395.04 B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant Iwles or 1 ne uvn �)ervlce Community Conal McNamara Assist Director of Community Pending phy & 3505/4 Development Develo ment I fingerprints $8,745.25 Utilities Brandon Horton Line Mechanic Pending phy & 5218/4 background $6,799.66 r ccDADe7tnN1- Tko c„hmiffAH fnr infnrmatinnal nnrnncpc OMPARTMENT ___,.,§NAME [CL'ASSIFICATION ,, IEFFECT1VUDA-TE_ PW I Jason Tingley Facility Maintenance Worker I 1 05-01-2008 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL I �� FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTOR VIA: F.M. DEL'ACH, CITY MANAGER .t M DATE: APRIL 21i, 2008 SUBJECT: NOTICE OF COMPLETION — PAINTING OF THE LIGHT/SAFETY STANDARDS IN DOWNTOWN AREA ($14,230.00) RECOMMENDATION It is recommended that the City Council approve the Notice of Completion for the painting of the downtown light/safety standards as completed by Bithell Inc. in the amount of $14,230.00 and authorize staff to file the Notice of Completion with the Los Angeles County Clerk. BACKGROUND On February I It', 2007 the City Council awarded a contract to Bithell Inc. for the painting of the light/safety standards in the downtown area. It had been approximately 10 years since the various light poles, trash receptacles and bollards were painted. The standards were painted with a 2 -part polyurethane paint, ensuring maximum paint life is attained from the project.. FISCAL IMPACT Project was not adopted in the FY 07/08 CIP; however $50,000 was originally allocated for the project from the Gas Tax Reserve. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: NAME Azusa City Clerk STREET ADDRESS 213 E. Foothill Blvd. CITY. STATE s Azusa, CA 91702 ZIP CODE 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: I. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafier 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. uF OTHIMTHAN FEE, STRIKENN FEFA AND INSERT, WR E%AMPI APUROLISEA UNDERNNTRACr OF PURCHASE.®OR. SEU) 5. The full names and full addresses of all 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 14, 2008. The work done was: Painting of Downtown LiehNSafety Standards. 8. The name of the contractor, if any, for such work of improvement was: Bithell Inc. February 11, 2008 (IFNO OorTMCMRFOR WORKOF BIFROVEM 7ASA WHO1 WSEIRANONEP (DATEOFOONTRAC) 9. The property on which said work of improvement was completed is in the City of Azusa. County of Las Angeles . State of CA ; and is described as follows: Painting of Downtown LighNSafety Standards. 1.0. There is no specific address for the project site, the multiple project sites were throughout Azusa Avenue in the Downtown area. Joseph Rocha, Mayor Dated: April 21, 2008 (SIGNATURE OFOWNEROR CORPORATE OFFICEROPOWNERNA W PARAGRAPH] OR IRS AGENT) VERIFICATION 1, the undersigned, say: 1 am the the declarant of the foregoing notice of completion; (APRESIDENT OF¢. AMANAGEROFW APARmTIROFW AOWNEROFQ.. ETC) 1 have read said notice of completion and know the contents thereof; the same is nue of my own knowledge. 1 declare under penalty of perjury that the foregoing is true and correct. Executed on (STATE) HEREGNALSIGNATUREOFTHEINDIVIDUAL WNO IS SWEARING TRATTREMMENTS DFTF@NOTICEOF WFff1EFION ARE TRUE) r� i • CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY I REGULAR MEETING - MONDAY, APRIL 7, 2008 — 11:19 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 i PRESENT: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: DIRECTORS: NONE I ALSO PRESENT: Also Present General Counsel Carvalho, Executive Director Delach, Assistant Executive Director Person, City Department Heads, Deputy Secretary Toscano. ]JOINT CITY/AGENCY ITEMS Joint City/,agency Item THE CITY COUNCIL CONVENED ]JOINTLY WITH THE REDEVELOPMENT AGENCY AT 11:19 Convene jointly P.M. TO CONDUCT THE FOLLOWING: i Director Hanks and Director Gonzales left the dais and abstained from participation in the Hanks/Gonzales following item due to a conflict of interest. Both were selected by random ballot not to Abstained participate in the Plan Amendment. Mayor Pro -Tem Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNGL Or THE CITY OF AZUSA CONSENTING TO AND Res. 08-C32 CALLING FOR A JOINT PUBLIC HEARING REGARDING THE AMENDMENT TO THE Int Pub Hrg REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END City REDEVELOPMENT PROJECT AREA. '- Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: CARRILLO, MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE _ ABSTAIN: COUNCILMEMBERS: , GONZALES, HANKS ABSENT: COUNCILMEMBERS: NONE Director Carrillo offered a Resolution entitled A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA BOARD OF Res. 08-R17 DIRECTORS CONSENTING TOAND CALLING FORAJOINT PUBLIC HEARING REGARDING THE Int Pub Hrg AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS /agency DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA. i Moved by Director Carrillo, seconded by Director Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Redevelopment Board Members: AYES: DIRECTORS: CARRILLO, MACIAS, , ROCHA NOES: DIRECTORS: NONE - ABSTAIN: DIRECTORS: GONZALES, HANKS ABSENT: DIRECTORS: NONE Directors Gonzales and Hanks returned to the dais. Directors rind THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONTINUED AT 11:22 P.M. Cnclrecess AGENCY SCHEDULED ITEMS PUBLIC HEARING — CONSIDERATION OF A LEASE AGREEMENT FOR THE USE OF REAL Pub Hrg PROPERTY LOCATED AT 803 NORTH DALTON AVENUE (RAMIREZ PROPERTY). Ramirez Prop Economic Community Development Director Coleman addressed the item stating that on B. Coleman February 19, 2008, the Agency Board approved the acquisition of the property which included the property owner would be able to lease the property for 12 months, which would allow sufficient time to arrange for a suitable replacement property. Chairman Rocha declared the Hearing open. Deputy Secretary read the affidavit of proof of Hrg open publication of notice of said hearing published in the Azusa Herald on March 20" and 27", 2008. Testimony was solicited, but none was received. Testimony/none Moved by Director Carrillo, seconded by Director Hanks and unanimously carried to close the Hrg clsd Public Hearing. Moved by Director Carrillo, seconded by Director Macias and unanimously carried to approve Lease Agmt the proposed Lease Agreement ("Lease") for the real property located at Los Angeles County w/Ramirez Assessor's Parcel Number 8608-027-008, commonly known as 803 North Dalton Avenue approved ("Subject Property"). 803 N. Dalton AMENDMENT NO.1 TO PROFESSIONAL SERVICES CONTRACT WITH HOGLE-IRELAND INC. Amend No. 1 TO INCREASE SERVICES ASSOCIATED WITH THE DOWNTOWN NORTH/DALTON AVENUE Hogle-Ireland PROJECT. Moved by Director Carrillo, seconded by Director Gonzales and unanimously carried to Approved 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. - PROFESSIONAL SERVICES AGREEMENT WITH URBAN FUTURES INC FOR: (I) FINANCIAL PSA Urban ADVISORY: AND (2) REDEVELOPMENT CONSULTING SERVICES. Futures, Inc Lengthy discussion was held regarding the separation of the functions of Financial Advisor and Discussion Redevelopment Consulting Services. Moved by Director Hanks, seconded by Director Carrillo to approve the standard professional Motion to services agreement with Urban Futures, Inc., for both Financial Advisory and Redevelopment Approve Consulting Services. Motion failed with Directors Gonzales, Macias and Rocha dissenting. (failed) Moved by Director Macias, seconded by Director Gonzales and unanimously carried to Motion to separate the function of the Redevelopment Consulting Services and the Financial Advisory separate Services and engage Urban Futures to handle the Financial Advisory Services but not the functions Interim Redevelopment Director and that staff come back with a recommendation on how to Fin Svs fill that position. Approved AGENCY CONSENT CALENDAR The CONSENT CALENDAR consisting of items G- I through G- 3, was approved by motion of Consent Cal. Director Hanks, seconded by Director Gonzales and unanimously carried with the exception of G-3 removed item G-3, which was removed from the Agenda. 1. Minutes of the regular meeting of March 17, 2008, were approved as written. Min approved 04/07/08 PAGE TWO I I e I Z. The Agency Treasurer's Report aslof February 29, 2008, was received and filed Treas Rpt 3. The following was removed from the Agenda: Professional Services Agreement with PSA De Fazio Jennie De Fazio for retail consulting services. Removed from Agenda i SPECIAL CALL ITEMS Spec Call Items i None. I None It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn i TIME OF ADJOURNMENT: 11:50 P.M: ASSISTANT SECRETARY i NEXT RESOLUTION NO. 08-R18. 04/07/08 PAGE THREE 0 WARRANT REGISTER NO. 16 FISCAL YEAR 2007-08 WARRANTS DATED 02/16/08 THROUGH 02/29/08 FOR REDEVELOPMENT AGENCY MEETING OF 04-21-08 RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as hereinafter set forth: 80-1 10 -REDEVELOPMENT ADMINISTRATION FUND 80 -125 -CBD CAPITAL PROJECTS FUND 80 -135 -WED CAPITAL PROJECTS FUND 80 -185 -RANCH CAPITAL PROJECTS FUND - i 80-165-618-2005 TAX ALLOCATION BONDS FUND 81 -155 -TAX INCREMENT SET-ASIDE FUND 82 -125 -CBD DEBT; SERVICE FUND 82 -135 -WED DEBT SERVICE FUND 82 -185 -RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $ 42,530.67 85,973.44 2,157.50 200.00 $ 130.861.61 i SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records. ADOPTED AND APPROVED THIS I Chairman DAY OF 2008. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting thereof, held on the day of 2008. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary City of Azusa HP 9000 04/09/08 O P E N H O L D W®, APR 09, 2008, 11:59 AM --- req: FESE ------- leg: Q, JL---loc: D B LISTING Fay Ehtity Nage BI-'IE�-I --- job: 578328 #}J2099---pgn: CFAOO <1.34> rpt Paqe 1 id: QHFLTR02 SELKT FUD Claes: 80-82 ; ChEd< Issue Dates: 021608-022908 PE ID PE Nacre AC= NUvEER / JOB NUEER Invoice NuTbar Description St Disc. Ant. Dist. Ant. V10164 AP=IA PRO= 8010125000-6815 33335 FY 07/08 RANal M FD 0.00 612.00 PEID Lhlp)alid: 0.00 Paid: 612.00 Tbtal: 612.00 V05613 AT&T 8010110000-6915 6263345464012408 626-3345464/0517 Fid 0.00 6.68 FE)ID T ai : 0.00 Paid: 6.68 Total: 6.68 V00363 AZLEA CR*EER OF 8010110000-6630 227 FY 07/08 CHPDBEI2 FD 0.00 3,333.33 PEID Lhu�aid: 0.00 Paid: Total: 3,333.33 3,333.33 V01305 AZCFA CITY FFD C 8000000000-3035 2610/0801005 PR#5/08 FD 0.00 255.18 PEID LYbpai 0.00 Paid: 255.18 Tbtal: 255.18 V00355 V00355 V00355 AZUSA PA= AC 8000000000-3005 AZ[,1Sa PAYROLL AC 8000000000-3003 AZL A PA= AC 8000000000-3001 PR0508 PR0508 PR0508 Taxes Pbl/Wi PD 0.00 T�s.pa�1e PD 0.00 Tikes Pbl/Wi AO 0.00 961.37 577.30 3,221.54 Pfd Tied: 0.00 Paid: Tbtal: 4,760.21 4,760.21 V96758 EIZK OF MN YORK 8010110000-6610 1231767 'TRftSPFF. FEE -921A FD 0.00 1,550.00 MIDd: 0.00 d: Total: 1,550.00 1,550.00 V07432 BARB & CIARK ENV 8110155000-6650/505300-6650 17938 FIMDL/610N AN=L PD 0.00 200.00 PEID d: 0.00 d: 200.00 City of Azusa HP 9000 04/09/08 O P E N H WED, APR 09, 2008, 11:59 AM ---req: ROSE -------leg: GL JL SE= FU\D Cbchs: 80-82 ; Check Issue Kites: 021608-022908 PE ID PE Nave ACCJJgT NUMBER / JOB NUvEEiZ 0 L D D B LISTING By Pers�Ertity Nacre Page 2 --- lcc: BI-TfliII-I---jcb: 578328 *M099 --- pgn: 00 <1.34> rpt id: CHFLTRO2 Invoice anber Des=pticn St Disc. Amt. Dist. Amt. - _ — — --- — - --_ --- -- - --- Total: 200.00 V09848 CALIECRUA 03VE 8010125000-6399/505800-6399 80136 A2&A3 ME A.PPRS PD 0.00 2,000.00 FEIDd: 0.00 Fa id: 2,000.00 — - - - - - - - -- �--_------ -2,000:00- V00353 CALPERS 8000000000-2728 02083 PERS Payable PD 0.00 3,752.41 V00353 CALPERS 8000000000-3070 02083 EMP. FET. aN BA FD 0.00 29.32 PEII)1 Paid: 3,7810.073 Total: 3,781.73 V06783 CITTSIREET 8000000000-3010 2315/0801005 PR#5/08 PD 0.00 589.82 PEIDUpaid: 0.00 d: 589.82 Tbtal: 589.82 V08010 LUKE'S L4\=I 8010125000-6815 00649 FY 07/08 LqU YA RV 0.00 495.00 PEID U11mmid: 0.00 d: 0.00 Total: 0.00 Reversed: 495.00 V00331 ORAL EXFRESS 8010110000-6521 251257486 117052788/ B FD 0.00 19.02 V00331 FERAL EXPRESS 8010110000-6521 251257486 117052788 B PD 0.00 21.24 PEID Uj)ai 0.00 Paid: 40.26 Total: 40.26 V05443 GQSMAFHICS 8010110000-6625 12928 (SMITE PD 0.00 I&SIMAM/CCNIE MICaM 1,200.98 V05443 G A ICS 8010110000-6625 12928 Fal 0.00 3,456.72 V05443 G639;PPHICS 8010110000-6625 12990 LESI PD 0.00 1,325.28 V05443 G� ICS 8010110000-6601 12990 SUVAD P FD 0.00 9,516.05 V05443 (B39ZAPHICS 8010110000-6625 12990 AD PLACZv= M4 PD 0.00 1,427.00 MID Lh12�aid: 0.00 City of AZUSa HP 9000 04/09/08 O P E N H O L D D B LISTING By Pers Ehtity Narre Pane 3 WED, AA2 09, 2008, 11:59 AM --- req: RAE -------leg: GL JL --- loc: BI -TEM --- jcb: 578328 #J2099 --- pgn: CF 00 <1.34> spt id: CHFLTRR02 SECFXT FUSD CLdes: 80-82 ; Check Issue Dates: 021608-022908 PE ID PE Nare AC= NUMBER / JOB NUYEER Invoice Nrad)er Lescripticn St Disc. Airt. Dist. Ate. 16,926.03 16,926.03 16,170.00 0.00 16,170.00 16,170.00 500.00 0.00 500.00 500.00 2,250.00 0.00 2,250.00 2,250.00 10,568.94 0.00 79.04 79.04 295.63 0.00 Paid: Tbtal: V08261 GRC P59xiPSES I 8010125000-6340/502801-6340 3120712 E R/INIITAL = FD 0.00 PEID Umd: Paid: Total: V08191 HALL IIs., BARBA 8010135000-6399/RD0003-6399 1313 TFDITATTVE PARCEL PD 0.00 PEID d: thri Paid: Total: V01646 HDL C7Y2IIN & CCNE 8010110000-6493 0013684IN FY 07/08 SALES & PD 0.00 PETD Via: Tbtal: V10575 A=-I1;E A,D IN 8010125000-6399/505800-6399 12278 PLAM\1NQ/CE2A SV PD 0.00 . PEID Ur�id: Paid: Tbtal: V10300 INIERICP DE`MIT 8010125000-6815/505700-6815 2908 F= RENTAL -1/2 PD 0.00 R= L1% d: Paid: Total: V05574 IRCN MaFMI N RE 8010110000-6493 EW631971,W63199 RW63191-RW63199 PD 0.00 Pm UIPDa, Paid: Total: V03126 LDJMN NATICML 8000000000-3010 2325/0801005 PR#5/08 PD 0.00 PEM ihj)aid: 16,926.03 16,926.03 16,170.00 0.00 16,170.00 16,170.00 500.00 0.00 500.00 500.00 2,250.00 0.00 2,250.00 2,250.00 10,568.94 0.00 79.04 79.04 295.63 0.00 City of Azusa HP 9000 04/09/08 O P E N H O L D D B LISTING By Pe scn/Entity Nmi-_ Page 4 WED, APR 09, 2008, 11:59 AM ---req: WSE ------- leg: GL JL --- loc: BI -TECH --- jcb: 578328 #M099 --- p9m: CH400 <1.34> rpt id: OHFLTR02 SELECT F SD Codes: 80-82 ; Check Issue Dates: 021608-022908 PE ID PE Narre ACCJ.iNi' NUVEEP / JOB N 4228 Invoice NurdDer Description St Disc. Pmt. Dist. Pmt. Paid: 295.63 Total: 295.63 V10322 M & T BANK 8000000000-3010 021408 401A CSNIRIBL=O PD 0.00 568.50 PEID d: 0.00 Paid 568750- - -- --• - Total: 568.50 V10858 V10858 wxIs CUISINE 8010125000-7035/650205-7035 NMIS CUISINE 8010125000-7035/650205-7035 021408 021408 635AaJSA/H3M W// PD 0.00 635AaEA/W1LK IN PD 0.00 15,000.00 15,000.00 PEIDd: 0.00 Paid: Tbtal: 30,000.00 30,000.00 V01582 NEXIIILC244MCA 8010110000-6915 635925025067 635925025067/CEL FD 0.00 47.78 PEID d: 0.00 d: 47.78 Total: 47.78 V00540 V00540 V00540 V00540 OFFICE DEPiJP INC 8010110000-6530 OFFICE DBT Ilr 8010110000-6530 OFFICE DEPOT DU 8010110000-6530 OFFICE DEFOf Dr 8010110000-6530 417129620001 417129620001 417129620001 417129620001 463752 Gass. Fb PD 0.00 463794 Pressbaar PD 0.00 580-753 Sig-jatui PD 0.00 319-275 HP Black FD 0.00 37.78 21.42 4.18 133.42 PEID d: 0.00 - d: 196.80 Total: 196.80 V03157 SCS RUZZERS 8010125000-6399/505825-6399 0113992 PH 2 ENV -YM STT PD 0.00 630.00 PEIDihroa. : 0.00 Paid: 630.00 Total: 630.00 V02371 SP= 8010110000-6915 0581031978012608 =/PCS CURD SV PO 0.00 15.00 PEID d: 0.00 d: 15.00 Total: 15.00 City of Azusa HP 9000 04/09/08 O P E N H O L D D B LISTING Bycap/Fhtity Nare Paces 5 WED, APP 09, 2008, 11:59 AM. ---req: R3SE ------- leg: GL JL --- lcc: BI -=---job: 578328 4J2099 --- p9m; CH400 <1.34> Ypt id: CHFLTR02 SECFX"P RM Cb�i_-s: 80-82 ; Check Issue Dates: 021608-022908 PE ID PE Nave ACCSx%VT NUvEER / JOB NUMBER Imoice barber Das=pticn St Disc. Art. Dist. Ant. 1:1 Y• I•• �� 1 � '• :111111111 1:1 r• I•••• t L •• :111111111 1•• V10009 V10009 V10009 V10009 V10009 V10009 V10009 V10009 V10009 V10166 V10166 1;\ •\ N•1\I' • Y• :111111111 1 \1 •\ :G U. • Y. :111111111 pl :. 7C •� :1 1M115frentM-30 1/• P111 • r• :111111111 1 1 1220/0801005 x�$$5/08 PD 0.00 1255/0801005 FR45/08 M 0.00 PEID d: d: Total: 101206 12/07 PPJ =-C PD 0.00 101204 12/07 GEN PRJ NG PD 0.00 101203AST PNP FfJ 0.00 101207 12 0 7 PR 7 M3� FD 0.00 100612 12/07 PRJ NLNII'-B PD 0.00 101202 12/07 PRJ M U -D FD 0.00 101202 1 /07 PRJ M3II-D FD 0.00 100604 6 07 I USC PRJ M; PD 0.00 101012 1 /07 PRJ M3"II'-T PD 0.00 111330/0801005 05/08 6261975078012808 626-1975078 2335/0801005 PR45/08 PEID Via: Total: PD 0.00 PD 0.00 PEID Via: Total : PD .0.00 FEID Via: Total: FD 0.00 PEID d: d: Total: 68.99 194.93 0.00 263.92 263.92 1,657.50 1,665.00 7,633.75 217.50 4,617.50 7,043.75 270.00 4,143.75 3,680.00 0.00 1,326.18 1,326.18 iOfftll! EMERIXIM :• 0.00 140.99 140.99 City of Azusa HP 9000 04/09/08 O P E N H O L D D B LISTING,By Fpssca'i/Entity Nsrre Paqe 6 WED, AA2 09, 2008, 11:59 PM--- req: F3SE------- leg: GL JL--- lcc: BI-I FI---fob: 578328 #J2099--- p9m: CH400 <1.34> Ypt id: =TP02 SELECT' FUND Giles: 80-82 ; Check Issue Dates: 021608-022908 PE ID PE Narre ACiLYNT NUvEER / JCB MVEER Invoice Nurbar IDpscripticn St Disc. Pte. Dist. Ant. GRAND TOTALU� d 0.00 Paid: 130,861.61 Total: 130,861.61 Revei-,ed: 495.00 WARRANT REGISTER NO. 17 FISCAL YEAR 2007-08 WARRANTS DATED 03/01/08 THROUGH 03/15/08 FOR REDEVELOPMENT AGENCY MEETING OF 04-21-08 RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as hereinafter set forth: 80-1 10 -REDEVELOPMENT ADMINISTRATION FUND 80 -125 -CBD CAPITAL PROJECTS FUND 50 -135 -WED CAPITAL PROJECTS FUND 80 -185 -RANCH CAPITAL PROJECTS FUND SO -165-618-2005 TAX ALLOCATION BONDS FUND 81 -155 -TAX INCREMENT SET-ASIDE FUND 82 -125 -CBD DEBT SERVICE FUND 82 -135 -WED DEBT SERVICE FUND 82 -185 -RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $ 27,395.05 289.114.02 51.715.15 20.402.97 $ 388.627.19 SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records. ADOPTED AND APPROVED THIS DAY OF Chairman I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting thereof, held on the _ day of 2008. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary City of Azusa HP 9000 04/16/08 O P E N H O L D WED, APR 16, 2008, 4:11 EM ---req: RSSE ------- lea': GL JL --- loc: D B LISTING By Shtity Nacre BI -TSI --- jcb: 580102 #J2495---pam: CH400 <1.34> rpt Paqe 1 id: CHFLM02 SECFX:f FIND Owes: 80-82 ; Check Issue Dates: 030108-031508 12/07 LCIF AZ HEA PD 0.00 812.00 PE ID PE Name ACC= NLMPFI2 / JCB NUMBER Irrvoice Tharber Description St Disc. Attt. Dist. Ate. V01305 AZLFA CITY FID C 8000000000-3035 2610/0801006 PR#6/08 FD 0.00 255.18 0.00 750.50 564569 PEID 00 2,883.10 564570 12/07 LCL-D&TIN FD d 255.18 - - - - - -- 0.00 _. --- - - -- 'IFital: --- -255-18--- - V02407 V02407 AZLFA G= DAY 8010110000-6625 AZLLSA G= DAY 8010110000-6625 021108 021108 PRAM AD/B.CDL PD 0.00 PR09 M AD/S.EEN PD 0.00 45.00 45.00 MID tuhmtd: 0.00 d: 90.00 Total: 90.00 V10604 Aa;SSA ME= WN 8000000000-3020 2618/0801006 PR#6/08 FD 0.00 30.00 MID Lhmaid: 0.00 Paid: 30.00 Total: 30.00 V00355 V00355 V00355 AZUSA PAROLE AC 8000000000-3005 AZUSn PALL AC 8000000000-3003 AZ(PAVFXNT�AC 8000000000-3001 �1 PR0608 Pf20608 PR0608 Taxes Pbl/wi PD 0.00 Taxes PaYab1e FD 0.00 Taxes Pb1l//WWi FD 0.00 1,051.74 656.06 3,475.49 PEIDd: 0.00 d: Total: 5,183.29 5,183.29 V95948 AZU.F4A, CTTY OF 8000000000-3042 012908 REIMB Mm/LEP CA PD 0.00 12.80 PEID Cyd: 0.00 Paid: 12.80 Tbtal: 12.80 V05804 V05804 V05804 V05804 V05804 V05804 V05804 V05804 V05804 564569 12/07 LQ -AZ HA FD 0.00 4,892.30 564569 12/07 LCIF AZ HEA PD 0.00 812.00 56209 107 LGL -PRICE PD 0.00534.74 41,441.30 564569 12%07 LGL -AZ HES FD 0.00 564569 12/07 La AZ IM PD 0.00 750.50 564569 12/07 L9,AZ HEA FD 0.00 2,883.10 564570 12/07 LCL-D&TIN FD 0.00 2,411.96 564570 12/07 L9rUVIN FD 0.00 938.40 564566 12/07 LCL-DCLUB FD 0.00 4,731.55 City of Azusa HP 9000 04/16/08 O P E N H O L D WED, APR 16, 2008, 4:11 FM ---req: IiC6E------- leg: GL JL--- loc: SE= FUND files: 80-82 ; Check Issue Dates: 030108-031508 PE ID PE Nave AC= NLPEM / JOB NUvEER D B L I S T I N G By Enti Nar[e BI-=---job: 580102 #J2495---pgmt 00 <1.34> rpt Invoice Harter Descripticn St Disc. Art. �-� p2 id: OITUIR02 Dist. Ant. V05804 BEST EE= & KRIE 8010135000-6301/503301-6301 564576 12/07 LCL-PRICE FD 0.00 1,448.86 V05804 BEST BEST' & KRIE 8110155000-6301 564568 12/07 LGL-V= PD 0.00 3,603.90 PEID d: 0.00 d: 69,448.61 Total: 69,448.61 V09848 CALIFCRgIA Ca+ E 8010125000-6399/505800-6399 80138 A2dA3 93U L APPR FD 0.00 5,700.00 PEMt1T d: 0.00 Paid: 5,700.00 'Ibtal: 5,700.00 V00353 CALPFRS 8000000000-2728 02084 PERS Payable FD 0.00 3,694.30 V00353 CAUDERS 8000000000-3070 02084 IINP IIA' BACK PD 0.00 29.32 PEIDd: 0.00 d: 3,723.62 Total: 3,723.62 V06783 =Si= 8000000000-3010 2310/08010066/08 PD 0.00 446.44 V06783 =SiREEP 8000000000-3010 2315/0801006 6/08 FD 0.00 589.82 V06783 =SIP= 8000000000-3010 1310/0801006 6/08 FD 0.00 266.87 PEID Uruaaid: 0.00 Paid: 1,303.13 Total: 1,303.13 V00348 C1a\= HEALTH I 8000000000-3054 2435/0801006 E2##6/08 PD 0.00 19.25 PEID d: 0.00 Paid: 19.25 Total: 19.25 V10115 LAN CSNIRA= 8110155000-6650/505300-6650 602 F RYQ620W 11TH PD 0.00 8,000.00 V10115 DPN Ci1VIRACTLF2 8110155000-6650/505300-6650 610 FINAL/610N AN=, PD 0.00 5,226.09 PEID Cid: 0.00 Pard: 13,226.09 'Ibtal: 13,226.09 V08010 LUKE'S LPNLUCAPI 8010125000-6815 00650 FY 07/08 LAM NA PD 0.00 320.00 City of Azusa HP 9000 04/16/08 O P E N H O L D D B LISTING,By Peis�/Entity Noce Pane 3 WED, APR 16, 2008, 4:11 PM ---req: RCSE--,-----1eq: GL JL---lcc: BI-TEZfi--- 3cb: 580102 #02495 --- pgm: CH400 <1.34> xpt id: CHFLTR02 S= FU\D Cxdes: 80-82 ; Check Issue Dates: 030108-031508 PE ID PE Narre ACC= N1"EEP /_ JCB NP'BFR Invoice Nzrber Des=pticn St Disc. PITC. Dist. ATt. V00331 -- - VO0331 ffATMr, V08261 V00368 V01646 V10011 V03126 FIDFRAL EXPMSS 8010125000-6625/505700-6625 253817806 ._--_FEDERAL.EXPRESS-_.8010110.00.0-6521__._._-- -.. _.._-.._.._ .-_.. 255127841 FRJ & ASSOCT F6 8110155000-6345/505300-6345 Aaa48 = Asso ATFS I 8010110000-6625 3120712E F= AS9xTA= 8010125000-6399/505825-6399 200705803 HCL C= & CSNE 8010110000-6493 0013085IN PEID d: Paid: 0.00 320.00 Total: 320.00 117052788/W, S PD 0.00 25.11 _. _117052788/SW Er .FD ___- -._-0-_00 _-. - _ 34.12_- _ PEID Lk-pEid: 0.00 Paid: 59.23 Total: 59.23 FY 07/08 HSG REH FD 0.00 3,420.00 PEIDd: 0.00 d: Total: 3,420.00 3,420.00 FREPARE/PxY3= PD 0.00 5,250.00 PEID 11im : 0.00 Paid: Total: 5,250.00 5,250.00 CB:A/aWIR DOC S Al 0.00 22,962.34 PETfl Lle: 0.00 Paid: 22,962.34 Total: 22,962.34 FY 07/08 SALES & PD 0.00 2,700.00 PEIDd: 0.00 fid: Total: 2,700.00 2.700.00 LPN[l* ERICA = 8010125000-1198 aB2881ET E937A DEP/803E A PD 0.00 25,000.00 FEIDd: 0.00 Paid: 25,000.00 Total: 25,000.00 LINCOLN =CMnL 8000000000-3010 2320/0801006 PR#6/08 PD 0.00 50.43 City of Azusa HP 9000 04/16/08 O P E N H 0 L D NEED, APR 16, 2008, 4:11 FM ---rex: RCSE ------- leg: GL JL---loc: D B LISTING By Rerscr/Ehtity Narre BI-TF71-I--- jab: 580102 #J2495 --- pgn: CFAOO <1.34> rpt Page 4 id: CHH 02 SECT FUZ Oa3es: 80-82 ; Check Issue Dates: 030108-031508 PE ID PE Nacre ACCCYNP NCMaR / JOB NLM3M Invoice unber Iescriptim St Disc. Pmt. Dist. Art. V03126 V03126 LII3JJLN NAIICNAL 8000000000-3010 LDRS)LN NATTCNAL 8000000000-3010 1320/0801006 2325/0801006 6/08 FD 0.00 6/08 1DD 0.00 63.56 295.63 PEID T ma; d: 0.00 Paid: Tbtal: 409.62 409.62 V03854 LOS All= CC 18010125000-7015/505700-7015 861100304107000 PROP TAX -B PIG L FD 0.00 11,234.77 FMd: 0.00 Paid: 11,234.77 Total: 11,234.77 V10858 V10858 V10858 fvAX'S CUISIM 8010125000-7035/650205-7035 M%X Is CUIS= 8010125000-7035650205-7035 IV9X'S CUISINE 8010125000-7035/650205-7035 030508 030508 030508 IN/ 635AZUSA/,B�:7f FD 0.00 ff/635AZII.SA/ FD 0.00 IN/635A fl3 0.00 15,000.00 9,200.00 6,000.00 PEIDd: 0.00 Paid: Tbtal: 30,200.00, 30,200.00 V00403 M21UVIA REP= 8010125000-6625/505700-6625 124273 CDPIES OF SLK 36 FD 0.00 21.00 PEID LhAz-jid: 0.00 Paid: Total: 21.00 21.00 V06572 NATICNAL CaZIRU 8010125000-6625/505800-6625 812199110 FENM RM/716-7 FD 0.00 1,454.76 MIDd: 0.00 Paid: Total: 1,454.76 1,454.76 V06713 O= RFNEFTIS A 8000000000-2724 1225/0801006 PR46/08 FD 0.00 5.08 PEID Urµ�aid: 0.00 PPaaiid: 5.08 Tbtal: 5.08 V04339 RA"IIRFZ M%9aW 8010125000-6815/504701-6815 001 NP_cC ZY Wi LL REP PD 0.00 650.00 PEID Unpaid: 0.00 City of Azusa HP 9000 04/16/08 O P E N H 0 L D D B LISTING By Entity Narre Pace 5 WID, APR 16, 2008, 4:11 EM ---req: =-------leg: GL JL --- lcc: BI-TASI-I --- job: 580102 #J2495---pgn: CFAOO <1.34> rpt id: CHFL'IR02 SELECT FIND C7xes: 80-82 ; CYeck Issue Dates: 030108-031508 PE ID PE Narre ACCU.NI NUvEER / JCB NU43FR Invoice NiurLer Description. St Disc. krt. Dist. IYrt. V04138 Rr~r,Tn= LIFE I 8000000000-3053 V04138 RELIASIIAR1R LIFE I 8000000000-3054 V94740 SALCE, PEIM AISD 8110155000-7001/505300-7001 V00253 SAN GA1= VALL 8010110000-6235 V00339 SDN Ml= VALL 8010125000-6301 r[iIF.iLY�yr ,1WOOD10ALO i_I0CI�IrLirbI�ALHbilwl.7 Paid: 650.00 Tbtal: 650.00 2215/0801006 2410/0801006 6/08 PD 0.00 6/08 FD 0.00 2.50 1.87 PEIDUM Paid: 'Ibtal:- 0.00 4.37 4.37 022708 REHAB IN INIRST/ PD 0.00 152.98 PEIDd: 0.00 d: 'Ibtal: 152.98 152.98 1792 EZ= SFAC E/FXCIQ PD 0.00 750.00 PEID Lhsaid: 0.00 Paid: 'Ibtal: 750.00 750.00 1H1375125013108 PUB Mf/'ISP S PD 0.00 472.52 PEIDd: 0.00 Paid: Total: 472.52 472.52 1255/0801006 PR##6/08 FD 0.00 194.93 PEID Uk md: 0.00 Paid: 194.93 'Ibtal: 194.93 1221/0801006 FR#6/08 PD 0.00 149.97 F=d: 0.00 Paid: Total: 149.97 149.97 1220/0801006 PR46/08 PD 0.00 65.29 City of Azusa HP 9000 04/16/08 O P E N H 0 L D DSD, APR 16, 2008, 4:11 EK ---req: FC'E------- leg: GL JL--- loc: D B L I S T I N G By Perscri/Fhtity Nam BI-TEM --- jcb:-580102 #J2495--- p9n: CH400 <1.34> rpt Ppi�e 6 id: CHFLFLIR02 SELECT FUZ Odes: 80-82 ; Check Issue Dates: 030108-031508 PE ID ------- PE Nave ACXSANT NSEFFR / JOB NUvEEP, - _- Irmice NuTber - - Description St Disc. Ant. - Dist. Art.- -- ---- =PEIDd U'Ri 0.00 d: 65.29 Total: 65.29 V02675 V02675 SPATE OF CALSF(R 8000000000-3051 SLUE OF CALSFOR 8000000000-2724 F2O08030226000 H2O08030226000 PREM AL"=/MWC FD 0.00 Health Ins Adnin PD 0.00 2,762.15 8.00 PEID t.IV: 0.00 Paid: Total: 2,770.15 2,770.15 V10009 V10009 V10009 TIERRA WEST A= 8010125000-6340/502801-6340 TIERRA WEST AUDI 8010125000-6340/502801-6340 TIERRA WEST AUDI 8010125000-6340/502801-6340 100903 101003 101103 Special. Studies PD 0.00 Special Studies PD 0.00 ial Studies FD 0.00 15,048.75 8,967.50 10,525.00 PEID Lk d: 0.00 Paid: Total: 34,541.25 34,541.25 V06107 V06107 V06107 U.S. HANK = P 8010110000-6235 U.S. BANK CSP P 8010125000-6625/505825-6625 U.S. BANK CDRP P 8010110000-6530 0369022208 0369022208 0369022208 I= RFI; B. PJ 0.00 IL FMD C� FD 0.00 F.CWEY/B. FD 0.00 120.00 153.55 47.58 PEID d: 0.00 Paid: 321.13 Total: 321.13 V10166 V10166 UgICN BANK OF CA 8000000000-2727 LNICN RIM OF CA 8000000000-3073 1130/0801006 2130/0801006 /08 PD 0.00 6/08 FD 0.00 442.04 884.14 PEID LVd: 0.00 Paid: Total: 1,326.18 1,326.18 V09929 VERIZCN =KEN 8010125000-7099/505700-7099 021908 WJ4441-8PM[W/R H7 0.00 142,999.66 PEIDd: 0.00 d: Total: 142,999.66 142,999.66 V00876 V00876 ➢TCN MJIU; 8000000000-3010 V TCN MMA 8000000000-3010 2330/0801006 1330/0801006 /08 FD 0.00 �/08 PD 0.00 50.00 9.00 City of Azusa HP 9000 04/16/08 O P E N H 0 L D D B LISTING By Persa/Fhtity Narre paqe 7 WID, APR 16, 2008, 4:11 FM ---req: RCSE ------- leg: GL JL --- lcc: BI-TFKS-I--- jcb: 580102 #J2495 --- pgn: CH400 <1.34> rpt id: CEELTR02 . ca= FUE) ODJes: 80-82 ; Check Issue bites: 030108-031508 PE ID PE Name AD= NCS / JOB NN= Irmice NuTber Da=pticn St Disc. krt. Dist. Ar. V00876 WMETEN= NUIU4 8000000000-3010 2335/0801006 PR#6/08 PD 0.00 140.99 PEID iTrpaid: Paid: Tbtal: - V07755 F71IM-RTeW8010110000-6610- - _ __ . ... -395750- ALAI N -2005T H7 - - - 0.00 PEID lrimd: Paid: Tbtal: GRAND' TOTAL d: Total: 0.00 199.99 199.99 2;000:00 0.00 2,000.00 2,000.00 0.00 388,627.19 388,627.19 i 4 I ORDINANCE NO. 2008-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING DEVELOPMENT CODE CHANGE NO. ZCA-226 and Z-2007-01 TO CREATE THE DOWNTOWN NORTH DALTON OVERLAY ZONE IN THE 700 BLOCK OF N. DALTON AVE. (APN 8608-028-908, 8608-028-904, 8608-028-903, 8608- 028-901, 8608-028-905; 8608-029-903, 8608-029-901, 8608-029-900, 8608-029-909, 8608-029- 908, 8608-029-907, 8608-029-906, 8608-029-904, and 8608-029-003) WHEREAS, California Government Code, Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules and regulations by cities as a means of implementing ;the General Plan; and WHEREAS, certain parcels (APN 8608-028-908, 8608-028-904, 8608-028-903, 8608-028-901, 8608-028-905, 8608-029-903, 8608-029-901, 8608-029-900, 8608-029-909, 8608-029-908, 8608-029-907, 8608-029-906, 8608-029-904 and 8608-029-003) ("subject parcels") have been planned for inclusion in the development of the 700 block of N. Dalton Avenue, in the City of Azusa; and I WHEREAS, the Development Code Map has designated the subject parcels District Public/Civic and District Mixed Use, but the proposed project for the 700 block of N. Dalton Avenue requires; that the zoning be as specified in the Downtown North - Dalton Overlay Zone; and WHEREAS, the City Council of the City of Azusa, has given notice thereof as required by law, held -a public hearing on April 7, 2008, to create the Downtown North - Dalton Overlay Zone for the subject parcels in the 700 block of N. Dalton Avenue; and WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing; WHEREAS, on March 12, 2008 and March 26, 2008, the Planning Commission of the City of Azusa ("Planning Commission") conducted duly noticed public hearings on the Dalton Project, including the consideration of the Downtown - North Dalton Overlay Zone, at which time all persons wishing to testify in connection therewith were heard and the Downtown North - Dalton Overlay! Zone was fully studied, discussed and deliberated; and i WHEREAS, the Planning Commission carefully considered all pertinent testimony and the staff reports presented during the public and adopted a resolution recommending approval of the Amendment to the Development Code; and I WHEREAS, on April 7, 2008, the City Council of the City of Azusa ("City Council") conducted duly noticed public hearing on the Dalton Project, including the consideration of the Downtown North - Dalton Overlay Zone, at which time all persons wishing to testify in connection therewith were heard; and Page I of 6 RVPUB\MXM\676526.1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY FIND AND ORDAIN AS FOLLOWS: SECTION 1: The City Council finds that in accordance with State Planning and Zoning Law, the proposed Zone Change would not unreasonably interfere with the use or enjoyment of property in the vicinity, and would not adversely affect the public peace, health safety or general welfare. Provided the conditions of approval are adhered to, the City Council approves and adopts said Zone Change based on the following findings: a) That the proposed Zone Change is in the public interest: The proposed Zone Change is a crucial component to the redevelopment of the entire block (excepting the Senior Center). The type of mixed-use, higher density development proposed is a 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 and the parking can be replaced with the proposed parking garage or other nearby accommodations. 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. b) That the proposed Zone Change is consistent with the Goals and Guiding Principals 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. " 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. 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 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." i :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: • establishing guidelines and catalytic projects for the Downtown district, civic center and a transit -oriented district; encouraging mixed-use development in the Downtown and University Districts; • implementing a shared parking or park once' strategy for the Downtown and, perhaps, the University District in the city" IThe 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 -used '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. C) That the proposed Zone Change will not adversely affect 'surrounding properties. The Zone Change 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 Zone Change, as proposed 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. Jn addition, the environmental impacts of the zone change have been ,considered in an Addendum to the General Plan EIR which has been submitted concurrently with this request. CEQA 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: 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.' Page 3 of 6 R V PUQ\MXM\676526.1 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. 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. Consequently, the Project through the Zone Change will not adversely affect the surrounding areas. SECTION 2: Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings made in the staff reports and this Ordinance, the City Council hereby amends Chapter 88.27 of the Azusa Municipal Code to add Section 88.27.050 creating the Downtown North — Dalton Overlay Zone, as set forth in the attached Exhibit "A" to this Ordinance. SECTION 3: The City Council finds that the Environmental Impact Report (EIR) prepared pursuant to CEQA for the General Plan and was certified by the Azusa City Council on April 19, 2004, is still appropriate because none of the conditions described in CEQA Guidelines § 15162 are present. In addition to this Development Code Change, an Addendum to the General Plan EIR has been submitted concurrently. The proposed Development Code change was reviewed and it is determined to be in compliance with the General Plan EIR and the submitted Addendum, approval of which is simultaneously recommended. As a result, no additional environmental review related to the proposed amendment is necessary to be conducted. SECTION 4: Severability. If any section, subsection, sentence, clause phrase or portion of this Ordinance or the Development Code is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or Development Code. The City Council of the City of Azusa hereby declares that they would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. L SECTION 5. Effective date. This ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 6. Summary. A summary of this ordinance shall be published in the manner required by law. PASSED, APPROVED AND ADOPTED this day of 2008. ATTEST: Vera Mendoza City Clerk APPROVED AS TO FORM: City Attorney ' RVPUBW X W 676526.1 Joseph R. Rocha Mayor Page 5 of 6 Exhibit "A" [ATTACH AMENDMENT TO DEVELOPMENT CODE] ORDINANCES TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: POLICE CHIEF BOB GARCIA AND CITY ATTORNEY SONIA CARVALHO VIA: F.M. DELACH, CITY MANAGER DATE: APRIL 21; 2008 SUBJECT: AN URGENCY ORDINANCE ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 TEMPORARILY PROHIBITING THE ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS RECOMMENDATION i It is recommended that City Council consider any public comments, waive further reading, read by title only and introduce the following ordinance to establish a temporary ban on massage businesses: AN URGENCY ORDINANCE ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 TEMPORARILY PROHIBITING THE ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS BACKGROUND The City of Azusa ('City") has recently experienced an increase in the amount of criminal activity occuYring at massage establishments and has received numerous applications for more massage businesses. The City currently lacks comprehensive zoning regulations regarding massage establishment placement and concentration requirements sufficient to help law enforcement ensure the legitimacy of such businesses. The attached interim urgency ordinance would place a temporary forty-five (45) day moratorium on the issuance of new, or transfer of existing, massage establishment permits;. This moratorium would allow the City time to study and adopt regulatory and zoning standards for massage establishments. DISCUSSION The City has a number of massage establishments currently operating within its jurisdictional limits. The majority of the massage establishments are being operated in a safe and legal manner. However, there are an increasing number of massage establishments in the San Gabriel Valley that are operating as houses of ill repute. The operators of these establishments will look to locate in those communities that do not have strict requirements or have lax enforcement habits. To ensure that Azusa is not identified as such a community staff would like to study regulatory and zoning standards that may reduce the criminal activity at massage establishments. The attached Ordinance would establish a temporary forty-five (45) day moratorium on the issuance of new, or transfer of existing, massage establishment permits. This moratorium would provide the City with valuable time to consider the problems and possible zoning solutions more thoroughly, while simultaneously ensuring that new massage establishments are not created until a solution has been implemented. FISCAL IMPACT The proposed Urgency Ordinance will not have a fiscal impact ENVIRONMENTAL IMPACT The proposed ordinances will not create an impact on the environment. Therefore, the proposed ordinance are not subject to the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 15061(b)(3) (no possibility that the activity may have a significant effect on the environment). City staff will prepare and file a Notice of Exemption as soon as possible following adoption of the proposed ordinances. Attachment: 1. Interim Urgency Ordinance 2 ORDINANCE NO. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 TEMPORARILY PROHIBITING THE ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS ! WHEREAS, the! City of Azusa ("City") has received applications for the issuance of massage establishment permits within the City; and WHEREAS, the' City is authorized, by virtue of the California State Constitution and California Government Code Section 51031, to regulate massage establishments by imposing reasonable standards relative to the skill and experience of massage operators and massage technicians, and reasonable conditions on the operation of the massage establishments; and WHEREAS, there is a significant risk of injury to massage clients by improperly trained and/or educated massage technicians, and the City has a legitimate interest in providing reasonable safeguards against injury and economic loss to such clients; and i WHEREAS, massage establishments are businesses which involve significant intimate contact between persons which creates opportunities for acts of prostitution and other unlawful sexual activity to occur; and WHEREAS, the establishment of reasonable standards for the issuance of permits and restrictions on operations would serve to reduce the risk of illegal activity; and WHEREAS, the; City is currently studying revised regulations to preserve the public safety, health and welfare as herein stated; and WHEREAS, the City regulates land uses within the City limits by the provisions of the zoning ordinances set forth in the Azusa Municipal Code; and WHEREAS, the City wishes to study potential zoning regulations of massage establishments in order to clarify the Azusa Municipal Code and to better preserve the public safety, health and welfare as herein stated; and WHEREAS, California Government Code Sections 65858 and 36937(b) authorize the City Council to adopt by, a four-fifths vote, without following the procedures otherwise required for the adoption of a zoning ordinance, an urgency ordinance which is necessary for the immediate protection of the public safety, health and welfare; and WHEREAS, it is the present intention of the City Council to keep this interim Ordinance in effect only until the adoption of an ordinance establishing new standards relative to the skill and experience of massage operators and massage technicians, reasonable conditions on the operation of the massage establishments, and reasonable restrictions on the zoning placement of massage establishments. THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. In addition to the recitals stated above, the City Council hereby finds and determines that the absence of adequate regulation of the operations of massage establishments and massage technicians, as well as the location of massage establishments, constitutes an immediate threat to the public health, safety and welfare. The adoption of this Ordinance is necessary for the immediate protection of the public safety, health and welfare. SECTION 2. IMPOSITION OF MORATORIUM. During the time this Ordinance is in effect, no massage establishment permit or any other entitlement shall be issued or approved for any business which provides massage services, nor shall any existing permit be transferred to a new location. SECTION 3. EXEMPTION. The requirements of this Ordinance shall have no application and no effect upon and shall not be construed as applying to any persons designated as follows: State licensed physicians, surgeons, chiropractors, acupuncturists, acupressurists, physical therapists, osteopaths, registered or licensed vocational nurses, barbers, cosmetologists, etheticians, and manicurists. SECTION 4. VIOLATION. No person, whether as principal, agent, landlord, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this Ordinance. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this Ordinance, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney. In addition to the penalties provided in this Ordinance, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is declared a public nuisance and may be abated by civil proceedings, such as restraining orders, civil injunctions, abatement proceedings or the like. SECTION 5. TERM. This Ordinance is adopted under the provisions of Government Code Section 65858 and 36937(b), and shall take effect immediately upon its passage by a four-fifths vote of the City Council. This Ordinance. shall remain in effect for forty-five (45) days from its adoption, unless earlier repealed. SECTION 6. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA'.') pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 7. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held .invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this;Ordinance irrespective of the invalidity of any particular portion, thereof. SECTION 8. PUBLICATION The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of Azusa, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933. PASSED, APPROVED, AND ADOPTED this _ day of , 2008. j MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: r CITY ATTORNEY 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 Interim Urgency Ordinance No. was duly introduced and adopted at a regular meeting of the City Council on the _day of , 2008, on the day of , 2008, by the following roll -call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: CITY CLERK PUBLIC NOTICE OF INTRODUCTION OF ORDINANCE I