HomeMy WebLinkAboutAgenda Packet - June 02, 2008 - CC •� �-,`OFk�u
U
oR�t-
AGENDA
CITY COUNCIL, AND THE
REDEVELOPMENT AGENCY
AZUSAAUDITORIUM MONDAY, JUNE 2, 2008
213 EAST FOOTHILL BOULEVARD 6:30 P.M.
AZUSA CITY COUNCIL
IOSEPH R. ROCHA
MAYOR
KEITH HANKS ANGEL CARRILLO
COUNCILMEMBER MAYOR PRO-TEM
URIEL E. MACIAS ROBERT GONZALES
COUNCILMEMBER COUNCILMEMBER
NOTICE TO THE PUBLIC Copies of staff reports or other written documentation relating to each item
of business referred to on the Agenda are on file in the Office of the City Clerk and are available for
public inspection at the City Library.
Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a card
requesting to speak and shall submit it to the City Clerk prior to the start of the City Council meeting.
When called, each person may address any item on or off the agenda during the public participation.
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957)
Title: City Manager
2. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Property Address: 17525 E. Arrow Hwy (N/E corner Azusa and Arrow)
Negotiating Parties: Mr. William Allen - 17511 E. Arrow Hwy—Mr. Fowler
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Under Negotiation: Price and Terms of payment
17
3. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Address: 812 N. Azusa Avenue, Azusa, CA 91702
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Negotiating Parties: John R. &Lillian O. Cortez, Cortez Family Trust
Under Negotiation: Price and Terms of Payment
4. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Address: 801 N. Alameda Avenue, Azusa, CA 91702
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Negotiating Parties: John R. &Lillian O. Cortez, Cortez Family Trust
Under Negotiation: Price and Terms of Payment
5. CONFERENCE WITH LEGAL COUNSEL EX[ST[NG 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.
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 Logan Westbrooks of Faith Temple Church of God In Christ
A. PUBLIC PARTICIPATION
(Person/Group shall be allowed to speak without interruption up to five (5) minutes maximum
time, subject to compliance with applicable meeting rules. Questions to the speaker or
responses to the speaker's questions or comments shall be handled after the speaker has
completed his/her comments. Public Participation will be limited to sixty (60) minutes time.)
B. REPORTS UPDATES AND ANNOUNCEMENTS FROM STAFF/COUNCIL
1 . Mayor Rocha - a. Request for Certificate of Recognition to Helen Perkins for volunteering at
Rainbow Christian School. b. Request for Certificates of Recognition to graduates of the
Christbridge Academy, approximately 8 students.
2. Report by the City Manager on the hiring of key executive staff.
06/02/08 PAGE TWO
C. SCHEDULED ITEMS
1 . PUBLIC HEARING — ON THE APPROVAL OF AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF AZUSA IN ACCORDANCE WITH GOVERNMENT CODE SECTION
65858 EXTENDING FOR A PERIOD OF TEN (10) MONTHS AND FIFTEEN (151 DAYS A
MORATORIUM 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, read by title only and introduce the following urgency ordinance No. 08-04, to extend
Interim Urgency Ordinance No. 08-02 which established a temporary ban on massage
businesses:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA IN ACCORDANCE
WITH GOVERNMENT CODE SECTION 65858 EXTENDING FORA PERIOD OF TEN (10) MONTHS
AND FIFTEEN (15) DAYS A MORATORIUM TEMPORARILY PROHIBITING THE ESTABLISHMENT
OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND ADOPTION OF REGULATORY
AND ZONING STANDARDS
2. PROPOSED ORDINANCE AMENDING PORTIONS OF THE AZUSA DEVELOPMENT CODE
CONCERNING VEHICLE PARKING AND STORAGE REGULATIONS, COMMERCIAL, OVERSIZED
AND RECREATIONAL VEHICLE PARKING AND STORAGE REGULATIONS ON PRIVATE
PROPERTY AND TEMPORARY SIGN AND TENT REGULATIONS. RECOMMENDED ACTION:
Waive further reading, read by title only and introduce the ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING
PORTIONS OF THE AZUSA DEVELOPMENT CODE CONCERNING VEHICLE PARKING AND
STORAGE REGULATIONS, COMMERCIAL, OVERSIZED AND RECREATIONAL VEHICLE PARKING
AND STORAGE REGULATIONS ON PRIVATE PROPERTY AND TEMPORARY SIGN AND TENT
REGULATIONS
3. RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION TO RENOVATE THE
FORMER NATIONAL GUARD ARMORY SITE AS A MULTI-USE FACILITY UNDER THE
ADMINISTRATION OF THE CITY OF AZUSA RECREATION AND FAMILY SERVICES
DEPARTMENT. RECOMMENDED ACTION: The Parks and Recreation Commission
recommend to the City Council that the former National Guard Armory at 340 N. Orange Place
be renovated as a multi-use facility under the administration of the City of Azusa Recreation and
Family Services Department.
4. RESOLUTION APPROVING ISSUANCE OF PENSION OBLIGATION BONDS. RECOMMENDED
ACTION: Waive further reading and adopt Resolution No. 08-C40, approving preliminary bond
Indenture, and direct staff to initiate the validation process in order to move forward with the
issuance of Pension Obligation Bonds (POB).
06/02/08 PAGE THREE
5. PROPOSED ORDINANCE DESIGNATING HIGH FIRE HAZARD SEVERITY ZONES IN WILD LAND
URBAN INTERFACE AREAS. RECOMMENDED ACTION: Waive further reading and introduce 7
the proposed ordinance.
6. FORMATION OF A COUNCIL SUB-COMMITTEE TO REVIEW QUALIFICATIONS OF
LANDSCAPE ARCHITECT/DESIGN SERVICES IN RELATION TO IMPROVING THE CONDITION
OF. FREEWAY ON & OFF-RAMPS. RECOMMENDED ACTION: Appoint two members of the
Council to a sub-committee to work with staff to review the qualifications of landscape
architectural/design firms and bring back a recommended firm at a future City Council meeting.
D. CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one
vote. /f Councilmembers or Staff wish to address any item on the Consent Calendar
individually, it will be considered under SPECL4L CALL ITEMS.
1 . APPROVAL OF THE MINUTES OF THE REGULAR . MEETING OF MAY 14, 2008.
RECOMMENDED ACTION: Approve Minutes as written.
2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action
Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable
Memorandum of Understanding(s).
3. CITY TREASURER'S REPORT AS OF APRIL 30, 2008. RECOMMENDED ACTION: Receive and
file the report.
4. PURCHASE OF EIGHT POLICE VEHICLE LIGHT BARS. RECOMMENDED ACTION: Approve
the purchase of eight (8) Code-3, 2100 Series emergency light bars to the lowest responsible
bidder, Espino's Cop Shop Inc., 9851 Eighth Street, Suite M, Rancho Cucamonga, CA 91730, in
the amount of $15,432.42
5. 2008 MANDATORY REVIEW OF CONFLICT OF INTEREST CODES. RECOMMENDED ACTION:
Direct staff to conduct the review and submit required Biennial Report.
6. 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 ZACATECAS PARK PLAYGROUND
EQUIPMENT DEVELOPMENT PROTECT. RECOMMENDED ACTION: Adopt Resolution No. 08-
C 41, in support of the subject project.
06/02/08 PAGE FOUR
7. 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 NORTHSIDE PARK PLAYGROUND
EQUIPMENT DEVELOPMENT PROTECT. RECOMMENDED ACTION: Adopt Resolution No. 08-
C42, in support of the subject project.
8. NEW CLASS SPECIFICATION-PRINCIPAL CML ENGINEER. RECOMMENDED ACTION: The
Personnel Board recommends, pursuant to the City of Azusa Civil Services Rules Section 3.3,
that the City Council adopt the classification specification for the position of Principal Civil
Engineer along with recommended salary range.
9. TITLE CHANGE AND NEW CLASS SPECIFICATION- REVENUE SUPERVISOR. RECOMMENDED
ACTION: The Personnel Board recommends that the City Council approve, pursuant to City of
Azusa Civil Service Rules Section 3.3 and 3.9, the reclassification of staff member Andy Cawte
from Business Resource Officer to Revenue Supervisor and approve the new class specification
along with the recommended salary range.
10. NEW CLASS SPECIFICATION-PUBLIC WORKS INSPECTOR. RECOMMENDED ACTION: : The
Personnel Board recommends that the City Council approve, pursuant to City of Azusa Civil
Service Rules Section 3.3, that the City Council adopt the classification specification for the
position of Public Works inspector along with recommended salary range.
11 . APPROPRIATIONS LIMIT. RECOMMENDED ACTION: Adopt Resolution No. 08-C43,
approving the Appropriations Limit of $45,045,512 for the 2008/09 fiscal year.
12. APPROVAL OF DRAFT RESOLUTIONS FOR APPLICATION OF RIVERS AND MOUNTAINS
CONSERVANCY GRANTS. RECOMMENDED ACTION: Review and approve the draft resolutions
for the application of Rivers and Mountains conservancy (RMC) grants related to open space,
trails and greening opportunities in the City of Azusa.
13. REQUEST FOR LEAVE OF ABSENCE WITHOUT PAY - OFFICE SPECIALIST 11 - LIGHT AND
WATER. RECOMMENDED ACTION: Grant the request for a Leave of Absence without pay from
April 6, 2008 through July 23, 2008, in accordance with the City of Azusa Civil Service Rules,
Section 6.8, subsection 6.8.1 Authorization.
14. WARRANTS. Resolution authorizing payment of warrants by the City. RECOMMENDED
ACTION: Adopt Resolution No. 08-C44.
06/02/08 PAGE FIVE
CONVENE JOINTLY WITH THE REDEVELOPMENT AGENCY
E. IOINT CITY/AGENCY ITEMS
1 . IOINT PUBLIC HEARING - TO CONSIDER ADOPTION OF A REDEVELOPMENT PLAN
AMENDMENT FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END
REDEVELOPMENT PROTECT AND CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT.
RECOMMENDED ACTION:
(1) Waive further reading and adopt Resolution No. 08-R22, (Agency) approving the Report to
Council in connection with the Proposed Amendment and authorizing transmittal of the Report
to City Council.
(2) Waive further reading and adopt Resolution No. 08-C45, (City) accepting the Agency's
Report to City Council and related Environmental Impact Report ("EIR") regarding Project Area.
(3) The Agency Board and City Council conduct a joint Public Hearing to consider the
certification of the EIR and adoption of the Plan Amendment.
After the close of the joint Public Hearing it is recommended that the Agency Board and City Council
take the following actions:
(4) Waive further reading and adopt Resolution No. 08-R23, (Agency) certifying the final
Environmental Impact Report (EIR) for the Plan Amendment.
(5) Waive further reading and adopt Resolution No. 08-C46, (City) certifying the final
Environmental Impact Report (EIR) for the Plan Amendment.
(6) Waive further reading and adopt Resolution No. 08-C47, (City) electing to receive the City
of Azusa's share of the property tax revenues received by the Agency as set forth in Section
33607.5(b) of the California Redevelopment Law as a statutory pass-through payment from the
Agency for each fiscal year the Agency collects Tax Increment pursuant to the Plan Amendment
from the Added Area, and electing to receive any increases in tax increment resulting from
increases in the rate of tax imposed on behalf of the City in the Project Area.
(7) Waive further reading and adopt Resolution No. 08-R24, (Agency) finding that the use of tax
increment allocated from the Project Area for the purpose of increasing, improving and
preserving the community's supply of affordable housing to persons and families of low- or
moderate-income and very=low income households outside the Project Area, will be of benefit
to the Project Area.
(8) Waive further reading and adopt Resolution No. 08-C48, (City) finding that the use of tax
increment allocated from the Project.Area for the purpose of increasing, improving and
preserving the community's supply of affordable housing to persons and families of low- or
moderate-income and very-low income households outside the Project Area, will be of benefit
to the Project Area.
O6/02/08 PAGE SIX
(9) Waive further reading and adopt Resolution No. 08-R25, (Agency) approving owner
participation rules, extending the rules and regulations for relocation and real property
acquisition guidelines to the proposed Plan Amendment.
(10) Waive further reading and introduce for first reading the proposed ordinance approving the
Plan Amendment.
COUNCIL TO RECESS AND REDEVELOPMENT AGENCY TO CONTINUE
F. AGENCY SCHEDULED ITEMS
i. CONSIDERATION OF A RESOLUTION OF NECESSITY AUTHORIZING USE OF EMINENT
DOMAIN AUTHORITY TO ACQUIRE FOR REDEVELOPMENT AN ADVERTISING BILLBOARD
LOCATED ON REAL PROPERTY OWNED BY THE AGENCY AT 809 NORTH AZUSA AVENUE.
RECOMMENDATION: Waive further reading and adopt a Resolution No. 08-R26, of Necessity
authorizing use of the Agency's eminent domain authority to acquire a_single-face billboard
("Billboard") located at 809 North Azusa Avenue in the City of Azusa ("City").
G. AGENCY CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one
vote. /f Boardmembers or Staff wish to address any item on the Consent Calendar
individually, it.will be considered under SPECIAL CALL ITEMS.
I . APPROVAL OF MINUTES OF THE REGULAR MEETING OF MAY 14 2008. RECOMMENDED
ACTION: Approve Minutes as written.
2. AGENCY TREASURER'S REPORT AS OF APRIL 30 2008 RECOMMENDED ACTION: Receive
and file the report.
3. WARRANTS. Resolution authorizing payment of warrants by the Agency. RECOMMENDED
ACTION: Adopt Resolution No. 08-R27.
H. ORDINANCES/SPECIAL RESOLUTIONS
1. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF AZUSA, CALIFORNIA AMENDING THE AZUSA MUNICIPAL CODE REGARDING
NOISE SOURCE STANDARDS. RECOMMENDED ACTION:
Waive further reading, read by title only and adopt Ordinance No. 08-05, entitled AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING THE
AZUSA MUNICIPAL CODE REGARDING NOISE SOURCE STANDARDS.
06/02/08 PAGE SEVEN
1. ADJOURNMENT
r
1 . Adjourn.
UPCOMING MEETINGS:
June 16, 2008, City Council Meeting- 6:30 p.m. (Auditorium)
June 23, 2008, Utility Board Meeting- 6:30 p.m. (Light and Water Conference Room)
July 7, 2008, City Council Meeting - 6:30 p.m. (Auditorium)
July 21, 2008, City Council Meeting- 6:30 p.m. (Auditorium)
/n compliance with the Americans with Disabilities Act, if you need special assistance to
participate in a city meeting,please contact the City Clerk at 626-812-5229. 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.
06/02/08 PAGE EIGHT
U vp
.. F
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 MANAGER4—M&5
DATE: JUNE 2, 2008
SUBJECT: APPROVAL OF AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AZUSA IN ACCORDANCE WITH GOVERNMENT CODE SECTION
65858 EXTENDING FOR A PERIOD OF TEN (10) MONTHS AND FIFTEEN
(15) DAYS A MORATORIUM TEMPORARILY PROHIBITING THE
ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING STUDY
AND ADOPTION OF REGULATORY AND ZONING STANDARDS
RECOMMENDATION
It is recommended that City Council consider any public comments, waive further
reading, read by title only and introduce the following urgency ordinance to extend
Interim Urgency Ordinance No. 08-02 which established a temporary ban on massage
businesses:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA IN
ACCORDANCE WITH GOVERNMENT CODE SECTION 65858. EXTENDING FOR A
PERIOD OF TEN (10) MONTHS AND FIFTEEN (15) DAYS A MORATORIUM
TEMPORARILY PROHIBITING THE ESTABLISHMENT OF BUSINESSES OFFERING
MASSAGES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING
STANDARDS
BACKGROUND
On April 21 , 2008, the City Council adopted Urgency Ordinance No. 08-02, enacting
a 45-day moratorium on the establishment of businesses offering massages, pending
study and adoption of regulatory and zoning standards (the "Moratorium Ordinance")
in order to protect the public health, safety and welfare.
On May 22, 2008, the City Council received and filed a report describing the
ORAN GE\NSTUBBS\46818.1
measures taken to alleviate the condition which led to the adoption of the
Moratorium Ordinance, pursuant to California Government Code section 65858.
These measures have included: (1) holding an "all hands" staff meeting between !
Police Department staff members and Economic and Community Development
Department staff members to discuss the issues that need to be addressed; (2)
assessing the total number of massage establishment permits and massage technician
permits that have been applied for in the City to date; (3) researching the number of
massage establishments in surrounding cities and the land use impacts experienced
by those cities.
Government Code section 65858 also allows the City Council to extend the
Moratorium Ordinance by holding a public hearing prior to the expiration of the 45-
day period. The City Council may extend the Moratorium Ordinance for a period of
ten (10) months and fifteen (15) days. When the extension period expires, the
Council may extend the Moratorium Ordinance one more time, for a period of one (1)
year, by holding another public hearing. Only two (2) extensions of the Moratorium
Ordinance may be adopted.
DISCUSSION:
An extension of the Moratorium Ordinance .is necessary to allow City Staff and the
City Attorney additional time to study and adopt regulatory and zoning standards for
massage establishments. The City currently lacks comprehensive zoning regulations
regarding the placement and concentration of massage businesses. Such regulations
are necessary to help law enforcement determine the legitimacy of such businesses
and to ensure that Azusa is not identified as a community without strict requirements
or enforcement habits regarding massage businesses.
The specific conditions and issues which prompted the adoption of the Moratorium
Ordinance will require special attention and study in order for City Staff and the City
Attorney to properly address them. An extension of the Moratorium Ordinance will
provide the City with needed time to thoroughly consider the problems and possible
solutions, while ensuring that new massage businesses are not created until a solution
has been put into action. Therefore, an extension of the Moratorium Ordinance is
necessary and appropriate in order to the protect the public health, safety and welfare
from the increasing amount of illegal activity, including prostitution, related to
massage businesses.
In accordance with Government Code section 65858, the preceding information was
made available to the public ten (10) days prior to the scheduled public hearing for
the extension of the Moratorium Ordinance. A copy of that document is attached to
this report.
The attached Ordinance would extend the Moratorium Ordinance for an addition 10
months and 15 days, as allowed under Government Code section 65858
2
ORANGE\NSTU BBS\46818.1
FISCAL IMPACT
'i
The proposed Urgency Ordinance will not have a fiscal impact.
ENVIRONMENTAL IMPACT
The proposed urgency ordinance to extend Ordinance No. 08-02 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.
Attachments : 1 . Interim Urgency Ordinance
2. Written Report Pursuant to Government Code section
65858
3
ORAN GE\NSTU BBS\46818.1
f
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF AZUSA IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 65858 EXTENDING FOR A
PERIOD OF TEN (10) MONTHS AND FIFTEEN (15) DAYS A
MORATORIUM TEMPORARILY PROHIBITING THE
ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES
PENDING STUDY AND ADOPTION OF REGULATORY AND
ZONING STANDARDS
WHEREAS, the City Council of the City of Azusa ("City Council") adopted
Urgency Ordinance No. 08-02 at its regular meeting on April 21 , 2008, establishing a
45-day moratorium temporarily prohibiting the establishment of businesses offering
massages pending study and adoption of regulatory and zoning standards, as set
forth in the attached Exhibit "A;" and
WHEREAS, all of the findings cited in Urgency Ordinance No. 08-02,
concerning the existence of an immediate and current threat to the public safety,
health and welfare continue to exist and be valid; and
WHEREAS, the City Council, acting through its planning staff, has issued the
written report required pursuant to Government Code Section 65858(d) describing
the measures taken to alleviate the conditions which led up to the adoption of
Urgency Ordinance No. 08-02, which report is also incorporated herein by this
reference as if set forth in full; and
WHEREAS, the City Council finds and determines that there is a continuing
need to extend Urgency Ordinance No. 08-02 for an additional ten (10) months and
fifteen (15) days as authorized by Government Code Section 65858(a); and
WHEREAS, Government Code Sections 65858, 36934 and 36937 expressly
authorize the City Council to adopt an urgency ordinance prohibiting any uses which
may be in conflict with contemplated general plan, specific plan or zoning which the
City Council or the Community Development Department is considering studying or
intends to study within a reasonable period of time; and
WHEREAS, subsequent to providing notice pursuant to Government Code
Section 65090, the City Council has conducted a public hearing on the extension
proposed herein.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS.
The City Council hereby finds and determines that the absence of adequate
regulation of the operations of massage establishments and massage technicians, as
1
well as the location of massage establishments, continues to be an immediate threat
to the public health, safety and welfare. Without adequate regulation, the approval of
additional permits or entitlements for the operations and/or location of massage
establishments would result in that threat to the public health, safety and welfare.
Therefore, the adoption of this ordinance is necessary for the immediate protection of
the public safety, health and welfare.
SECTION 2. EXTENSION OF MORATORIUM.
This Ordinance shall extend Urgency Ordinance No. 08-02, which temporarily
prohibits the establishment of businesses offering massages, and the transfer of any
existing massage establishment permit, pending study and adoption of regulatory and
zoning standards. This Ordinance is adopted under the provisions of California
Government Code sections 65858 and 36937(b), and the City's general police power,
and shall take effect immediately upon its passage by a four-fifths (4/5) vote of the
City Council.
SECTION 3. TERM
This Ordinance shall cause Urgency Ordinance No. 08-02 to continue in full
force and effect for a period of ten (10) months and fifteen (15) days from the date
this ordinance is adopted, unless earlier repealed.
SECTION 4. 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 5. 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.
ORANGE\NSTUBBS\46841.1
r
SECTION 6. WRITTEN REPORT
At least ten (10) days before this Urgency Ordinance or any extension expires,
the City Council shall issue a written report describing the measures taken to alleviate
the condition which led to the adoption of this Urgency Ordinance.
SECTION 7. 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 2nd day of June, 2008.
JOSEPH R. ROCHA
MAYOR
ATTEST:
VERA MENDOZA
CITY CLERK
APPROVED AS TO FORM:
BEST BEST &KRIEGER LLP
CITY ATTORNEY
0RANGE\NSTUBBS\46841.1
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 Urgency Ordinance No. _ was duly introduced and adopted at a regular
meeting of the City Council on the 2nd day of June 2008, by the following roll-call vote,
to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
VERA MENDOZA
CITY CLERIC
0RANGE\NSTUBBS\46641.1 -
�"��rrtacs'tia
DATE: MAY 19, 2008
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: SONIA CARVALHO, CITY ATTORNEY
SUBJECT: REPORT ON MEASURES TAKEN TO ALLEVIATE THE CONDITIONS
WHICH LED TO THE ADOPTION OF URGENCY ORDINANCE 08-02
ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OF
BUSINESSES OFFERING MASSAGES PENDING STUDY AND
ADOPTION OF REGULATORY AND ZONING STANDARDS
BACKGROUND
On April 21, 2008, the City Council adopted Urgency Ordinance No. 08-02, enacting a 45-
day moratorium on the establishment of businesses offering massages, pending study and
adoption of regulatory and zoning standards in order to protect the public health, safety and
welfare.
Government Code Section 65858(d) requires that 10 days prior to the expiration of the
moratorium, the Azusa City Council must issue a written report describing the measures taken
to alleviate the condition which led to the adoption of the urgency ordinance. The conditions
that led to the adoption of the interim moratorium were listed in Ordinance No. 08-02, and
still exist as of the date of this report. The following is a report of the measures and actions
that have been taken by the City and other governmental agencies, since April 21, 2008, to
alleviate the conditions set forth in Ordinance No. 08-02:
(1) An "all hands" staff meeting was held between Police Department staff
members and Economic and Community Development Department staff members to discuss
potential regulations for massage establishments and massage technicians;
(2) City staff began assessing the total number of massage establishment
permits and massage technician permits that have been applied for in the City to date; and
(3) City staff began researching the number of massage establishments in
surrounding cities and the land use impacts experienced by those cities.
cc: CITY CLERK
1
RV PU B\NSTU BBS\46998.1
fl
__
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CITY ATTORNEY
VIA: F.M. DELACH, CITY MANAGER/,AP
DATE: JUNE 2, 2008
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
AMENDING PORTIONS OF THE AZUSA DEVELOPMENT CODE CONCERNING
VEHICLE PARKING AND STORAGE REGULATIONS, COMMERCIAL, OVERSIZED
AND RECREATIONAL VEHICLE PARKING AND STORAGE REGULATIONS ON
PRIVATE PROPERTY AND TEMPORARY SIGN AND TENT REGULATIONS
RECOMMENDATION:
It is recommended that the City Council waive further reading, read by title only and introduce
the attached ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, AMENDING PORTIONS OF THE AZUSA DEVELOPMENT CODE
CONCERNING VEHICLE PARKING AND STORAGE REGULATIONS, COMMERCIAL, OVERSIZED
AND RECREATIONAL VEHICLE PARKING AND STORAGE REGULATIONS ON PRIVATE
PROPERTY AND TEMPORARY SIGN AND TENT REGULATIONS
BACKGROUND
On May 14, 2008, the City Council continued this item at the request of the Planning
Commission to allow them sufficient time to ensure that the minutes of the April 30, 2008,
Planning Commission meeting accurately reflected the action taken on this item. Included in
the Planning Commission's May 28, 2008, agenda packet were verbatim minutes for this item
and an audio tape of the entire Planning Commission meeting. At the May 28, 2008,
Planning Commission meeting, the Commission unanimously approved the April 30, 2008,
minutes.
DISCUSSION:
With the issue of the Planning Commission minutes resolved, staff is bringing the draft
Ordinance before the City Council for consideration. The original May 14, 2008, City Council
staff report has been included as an attachment to this staff report as no further changes to
the Ordinance have been proposed since the May 14, 2008, meeting.
—I—
FISCAL IMPACT:
None.
Attachments: (1) May 14, 2008, City Council staff report
(2) Development Code Ordinance
(3) Redline draft of amended code sections
-2—
17
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CITY ATTORNEY
VIA: F.M. DELACH, CITY MANAGER 4 �'��
DATE: May 14, 2008
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
AMENDING PORTIONS OF THE AZUSA DEVELOPMENT CODE CONCERNING
VEHICLE PARKING AND STORAGE REGULATIONS, COMMERCIAL, OVERSIZED
AND RECREATIONAL VEHICLE PARKING AND STORAGE REGULATIONS ON
PRIVATE PROPERTY AND TEMPORARY SIGN AND TENT REGULATIONS
RECOMMENDATION:
It is recommended that the City Council waive further reading, read by title only and introduce
the attached ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, AMENDING PORTIONS OF THE AZUSA DEVELOPMENT CODE
CONCERNING VEHICLE PARKING AND STORAGE REGULATIONS, COMMERCIAL, OVERSIZED
AND RECREATIONAL VEHICLE PARKING AND STORAGE REGULATIONS ON PRIVATE
PROPERTY AND TEMPORARY SIGN AND TENT REGULATIONS
BACKGROUND
The City Council created a committee known as the Azusa Citizens Committee for Code
Compliance ("ACCFCC"). The ACCFCC was charged with reviewing the City's current
development regulations and making recommendations to improve the Development Code.
The ACCFCC made several Development Code amendment recommendations relating to
recreational vehicle ("RV") parking and storage requirements, temporary signs and tent
regulations. City Staff has taken the ACCFCC's recommendations and created the attached
Development Code omnibus Ordinance. The Planning Commission reviewed and
recommended the attached Ordinance at a public hearing held on April 30, 2008.
DISCUSSION:
The City of Azusa is currently in the process of amending many aspects of the Development
Code in an effort to improve the general community and residents' quality of life. As part of
this process, the City charged the ACCFCC with reviewing the existing development
regulations and recommending proposed changes to improve the
—I—
Development Code. The ACCFCC through consultations with the community and various City
Departments created a list of proposed amendments to the Development Code. The
attached Ordinance incorporates the ACCFCC's recommendations and amends a number of
sections throughout the Development Code.
The Ordinance amends Development Code Section 88.30.060(D)(3) by requiring all vehicles
to be parked in paved areas. The Ordinance also. amends Development Code Sections
88.36.030(e) and 88.36.130 by creating more extensive RV parking and storage
requirements. A single RV will be allowed to be parked on private property subject to certain
limitations designed to ensure that the RV does not become a nuisance to neighbors and the
community.
During the Planning Commission's review of the RV parking provisions an issue arose
regarding the setback requirements. As proposed by the ACCFCC RV's are required to be
parked behind a sidewalk, or where there is no sidewalk, at least 8 feet from the edge of the
curb or paved e Planning street. ThCommission amended the setback requirement in
Ordinance Section 88 36.130(G)(2)(a) so,that RVJs_would be parked 8 feet from theledge of
tthe property line. The Planning Commission believed this amendment would limit those
situations where RV's may block a driver's line of sight, thereby, increasing overall safety.
Development Code Chapter 88.38's regulations regarding temporary and human signs are
also amended by this Ordinance. The changes require certain temporary signs that were
previously allowed without a sign permit to be authorized only with the approval of a sign
permit by the Economic and Community Development Department. This change will give the
City greater control over the placement of signs within the community.
Additionally, changes to human sign regulations will result from this Ordinance. In recent
years cities throughout the State have been confronted by problems associated with human
signs. The attached Ordinance regulates human signs and requires them to be maintained in
a manner .that does not place the public at risk. The attached Ordinance also amends
Development Code Section 88.42.020(E) by requiring tents and portable shelters to be kept
out of the public view.
City Staff and the ACCFCC believe that the changes contained within the attached Ordinance
will improve the Development Code.
FISCAL IMPACT:
None.
Attachments: (1) Development Code Ordinance
(2) Redline draft of amended code sections
-2-
ORDINANCE NO. 2008 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, AMENDING PORTIONS OF THE AZUSA
DEVELOPMENT CODE CONCERNING VEHICLE PARKING AND
STORAGE REGULATIONS, COMMERCIAL, OVERSIZED AND
RECREATIONAL VEHICLE PARNING AND STORAGE
REGULATIONS ON PRIVATE PROPERTY AND TEMPORARY SIGN
AND TENT REGULATIONS
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Section 88.30.060(D) (3) of Article 3 of the Azusa Development Code is
hereby amended, in its entirety,to read as follows:
"Vehicle parking and storage.No required parking space shall be
located within a required setback, except as provided by Section
8836.090.A (Location of Parking) and 88.36.130 (Commercial,
Oversized and Recreational Vehicles on Private Property). The
following requirements shall also apply:
a All vehicles parked within the front yard setback of a
residential lot shall be parked only on a driveway leading to a
garage or carport, and shall be parked on a paved surface. The
maximum allowable area that can be paved in the front yard
setback or street side yard setback area is thirty-five percent (35%) 0k,of the total width of the setback area. 111�j
b. Parking of any vehicles on unpaved surfaces, concrete tiles
or blocks, or grasscrete blocks, concrete tiles or similar surfaces is
prohibited- Driveways must be fully paved.
C. The parking or storage of inoperable vehicles in the front
yard of a residential lot is prohibited. Inoperable vehicles may be
parked or stored in the side or rear yards of a residential lot on a
paved area or in a garage, provided the vehicle is screened with
approved and appropriate fencing from public view.
d. The parking of any vehicle on any vacant unpaved lot is
prohibited.
e. Vehicles parked on driveways in the front yard setback or
street side yard setback shall not encroach into a parkway
t:,ncr'sw
containing�a;stdewalk nor cases where there is no sidewallc, at
ieas4'tight feet,(8' 0") from the7edge of the-curb'and1in the absence
'Of a curb at least eight�(8YO ) fredgethe pave�d�roadIF
C
f; Vehicle repairs shall not be performed in front yard .
setbacks except in case of an emergency. No long term repairs or
car dismantling shall be allowed in front yard setbacks. An
emergency is considered as the car being unable to start such as a
battery jump or changing a flat tire. Long term repairs are
considered those taking more than a twelve (12) hour consecutive
period-"
SECTION 2. Section 88.36..030(E) of Article 3 of the Azusa Development Code is
hereby deleted in its entirety. .
SECTION 3. Section 88.36.130 of Article 3 of the Azusa Development Code is hereby
amended, in its entirety,to read as follows:
"8836.130 —Commercial, Oversized and Recreational Vehicles
on Private Property.
A. Definitions.
The following words, terms and phrases,when used in this chapter,
shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
Commercial vehicle means a motor vehicle of a type required to be
registered under the California Vehicle Code, or maintained for the
transportation of persons for hire, compensation, or profit or
designed, used, or maintained primarily for the transportation of
property.
Curb means an edging (as of concrete) built along a street to form
1fy J.
part of the gutter and edge of the street.
Gross vehicle weight rating (GV)YR) means the weight specified
by the manufacturer as the loaded weight of a single vehicle.
Gross combination weight rating (GC)WR) means the weight
specified by the manufacturer as the loaded weight of a
combination or articulated vehicle. In the absence of a weight
specified by the manufacturer, GCWR shall be determined by
adding the GVWR of the power unit and the total unladen weight
of the towed units and any load thereon.
Oversized vehicle shall be defined as any vehicle whether
motorized or non-motorized, that exceeds twenty three feet(23') in
length, or eighty inches(80'� in width or ninety-six inches (96") in
height regardless of its weight Any extension caused by any
mirror, load height or any accessory attached to such vehicle shall
be considered part of the measured distance.
Notwithstanding the length, width, and height requirements for an
oversized vehicle, the following vehicles shall also be considered
oversized vehicles subject to the prohibitions contained in this
section: -
1_ Buses as defined in the California Vehicle Code;
2. Trailer coaches as defined in the California Vehicle Code;
and
Park means the standing of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of, and while actually
engaged in, loading or unloading merchandise or passengers.
Recreational vehicle shall be defined as a motor home, slide-in
camper, travel trailer, truck camper, or camping trailer, with or
without motor power, designed for human habitation for
recreational purposes or emergency occupancy. Recreational
vehicle shall also include:
1. Camping trailer. A vehicular portable unit mounted on
wheels and constructed with collapsible partial sidewalls which
fold for towing by another vehicle and unfold at the campsite and
designed for human habitation for recreational or emergency
occupancy;
2. Motor home. A vehicular unit built on or permanently
attached to a self-propelled motor vehicle chassis, chassis cab or
van, which becomes an integral part of the completed vehicle,
designed for human habitation for recreational or emergency
occupancy;
3. Slide-in camper. A portable unit, consisting of a roof, floor
and sides, designed to be loaded'onto and unloaded from the bed of
a pickup truck, and designed for human habitation for recreational
or emergency occupancy and shall include a truck camper.
4. Travel trailer. A portable unit, mounted on wheels, of such
a size and weight as not to require special highway movement
permits when drawn by a motor vehicle and for human habitation
for recreational or emergency occupancy or travel trailers carrying
off-highway vehicles.
5. Off-Higlnvay vehicles. Vehicles that are subject to the
provisions of California Vehicle Code, Section 38010(a), that
include, but are not limited to (a) any motorcycle or motor-driven
cycle, except for any motorcycle which is eligible for a special
transportation identification device issued pursuant to Vehicle
Code, Section 38088; (b) any snowmobile or other vehicle
designed to travel over snow or ice, as defined in Vehicle Code,
Section 557; and (c) any motor vehicle commonly referred to as a
sand buggy, dune buggy,or all terrain vehicle.
Right-of-wad, means a corridor or strip of land, either public or
private, on which a right of passage has been recorded and over
which are built roadways, curbs and parkways
Semitrailer means a vehicle designed for carrying persons or
property, used in conjunction with a motor vehicle, and so
constructed that some part of its weight and that of its load rests
upon, or is carried by, another vehicle.
Trailer means a vehicle designed for carrying persons or property
on its own structure and for being drawn by a vehicle. "Trailer"
includes a semitrailer when used in conjunction with an auxiliary
dolly, if the auxiliary dolly is of a type constructed to replace the
function of the drawbar and the front axle or axles of a trailer.
Truck tractor means a motor vehicle designed and used primarily
for drawing other vehicles and not so constructed as to carry a load,
other than a part of the weight of the vehicle and the load so drawn.
As used in this section, `load" does not include items carried on
the truck tractor in conjunction with the operation of the vehicle if
the load carrying space for these items does not exceed thirty-four
(34) square feet.
Unladen weight means the weight of a vehicle equipped and ready
for operation on the road including the body, fenders, oil in motor,
radiator full of water, with five gallons of gasoline or equivalent
weight of other motor fuel; also equipment required by law, and
unless exempted under California Vehicle Code Section 661, any
special cabinets, boxes or body parts permanently attached to the
vehicle, and any machinery, equipment or attachment which is
attendant to the efficient operation of the body or vehicle.
]vehicle means a device by which any person or property may be
propelled, moved, or drawn upon a highway, excepting a device
moved exclusively by human power or used exclusively upon
stationary rails or tracks.
B_ Application. These regulations shall apply only in
Neighborhood districts and sub-districts as defined in this Article.
C. Regulations. The following regulations shall apply to the
parking and/or storage of commercial, oversized and recreational
vehicles:
1. No commercial vehicle, trailer, truck tractor or oversized
vehicle may be parked on private property, except:
a. While loading or unloading goods or materials
when delivered to the property;,and/or
b. When the .vehicle is parked in connection with
providing services to or on the property.
Z. Recreational vehicles may be parked and/or stored on
private property,subject to the following:
a. A maximum of one recreational vehicle may be
parked and/or stored in a front yard setback or a residential
driveway, provided that all of the following are met: (1) The entire
recreational vehicle fits over a paved surface; (2) The recreational
vehicle is parked and/or stored behind a public sidewalk, where
applicable; (3) The recreational vehicle is parked and/or stored
behind the property line and does not encroach into a public
parkway containing a sidewalk; and(4) Where there is no sidewalk
the recreational vehicle is parked at least eight feet (8') from the
face of the curb, or eight feet (8')from the beginning of the paved
street.
b, Notwithstanding limitations on paved surfaces in
front yard setbacks, a paved surface used for the lawful parking
and/or storage of a recreational vehicle shall combined with
existing lawful driveways shall generally not exceed forty percent
(40%) of the total width of the front yard setback.. Installation of
more than one driveway or combined driveways may be permitted
subject to the submittal and approval of a temporary use permit and
shall be in accordance with Section 88.36.100. Driveway locations
and ultimate widths shall be established as part of the temporary
use permit.
C. Recreational vehicles may be parked and/or stored
on side yards, as long as the entire recreational vehicle is parked
and/or stored on a paved surface and there is a clearance of not less
than three feet (3') from the residential structure over the entire
length of the recreational vehicle.
d. Recreational vehicles.may be parked and/or stored
on rear yards, as long as the entire recreational vehicle is parked
and/or stored on a paved surface and there is a clearance of not less
than three feet(3')from all parts of the residential structure.
e. Recreational Vehicles parked or stored in front yard
driveways must be parked perpendicular to the front yard property
line and where possible facing forward for safer egress into the
public right-of-way.
E Recreational vehicles.parked and/or stored in a front
yard driveway must be registered and operational. Recreational
vehicles shall be maintained clean and in repair and shall not leak
any fluids (oil, coolant, etc.). No person shall dump or dispose of
any recreational vehicle waste except in certified waste disposal
canisters.
g. Recreational vehicles that are stored on property
may be protected with an appropriate cover. An appropriate cover
shall be a snap-up cover or snug zip-up cover made of canvas,
polyester, vinyl or other weather resistant material, customized to
fit over the recreational vehicle. No recreational vehicle shall be
parked or stored anywhere on the property under a temporary
accessory structure (Le.,canopy,tent,tarp,or similar structure).
h. Recreational vehicles may be temporarily connected
to an electrical outlet only while parked within the private property
for a period not to exceed seventy-two (72) hours and for the sole
purpose of loading and unloading the recreational vehicle and
getting it ready for a trip.
SECTION 4. Section 88.38.035(B) of Article 3 of the Azusa Development Code is
hereby amended, in part,to read as follows:
"B. Temporary signs. The following temporary signs are
allowed, subject to the approval of'a temporary sign permit from
the Economic and Community Development Department, Planning
Division, of the City of Azusa."
SECTION 5. Section 88.38.035(13) of Article 3 of the Azusa Development Code is
hereby amended by adding subsection 3 to read as follows:
"3. On-site human directional and advertising signs. On-site
human directional and advertising signs shall be permitted on the
same property as the sign directs or advertises. Such signs shall
not be carried in a manner that creates a safety hazard to patrons of
the property upon which such sign is carried."
SECTION 6. Section 88.38.035(D) of Article 3 of the Azusa Development Code is
hereby amended by adding�subsection 7 to read as follows:
S
447. On-site human directional signs." Provided that such
signs shall not be carried in a manner that creates a safety hazard to
patrons of the property upon which such,sign is carried.
SECTION 7. Section 88.38.040 of Article 3 of the Azusa Development Code is hereby
amended by adding subsection (G)(1)to read as follows:
11
1. Off-site human directional and advertising signs."
SECTIONS. The preamble of Section 88.38.070(F) of Article 3 of the Azusa
Development Code is hereby amended to read as follows:
"F. Temporary signs. The following temporary signs are
allowed subject to the approval of a temporary sign permit from the
Planning Division-All temporary signs shall be maintained in good
repair and properly secured so as not to create a public safety
hazard."
SECTION 9. Section 88..38.070(F) of Article 3 of the Azusa Development Code is
hereby amended by adding subsection 7 to read as follows:
"7. Additional temporary sign standards and guidelines.
A. Temporary signs shall not be placed over public property or
public rights-of-way.
B. Temporary signs shall not interfere with the operation of
doors or windows.
C. Temporary signs shall not be posted on public facilities
(i.e., utility poles, light standards, sign posts,trees, etc.)
D. Suspended temporary signs shall be at least eight feet (8'
0") above walking surfaces and sixteen feet (16') minimum above
driving surfaces.
E.. Temporary wall or suspended signs shall not exceed ten
percent (10%) the total square footage of the surface of the front
building fauade and may be mounted on any building wall surface.
F. Temporary window signs shall not exceed the maximum
twenty percent(20%) coverage of the total window area, including
any permanent window signs."
'(1ST !i
SECTION 10. Section 88.42.020(E) of Article 4 of the Azusa Develop r nt Code ist �� w
hereby amended to read as follows: jk e ¢aCCRve Pft°`� dl-1
F,r a sP
"E. Tents and portable shelter structures. The use of tents and other temporary and
portable shelter structures may be allowed in residential districts in rear yard areas not visible
from the street or public right-of-ways
SECTION 11. Section 88.70.020 of Article 7 of the Azusa Development Code is hereby
amended by adding the following terms and definitions beneath the definition of"Sign" to read
as follows:
"6a. Business or commercial entity. A business or commercial
endeavor that engages in activities as a means of livelihood or
profit, or an entity which engages in such activities."
"10a. Display of goods. The exhibition of objects or merchandise
for public view."
"21 a. On-site human directional and advertising sign. A temporary
sign that is held, carried, or supported by a person while on the
same property as the sign directs or advertises, but does not include
a sign or words or pictures featured on an article of clothing worn
by said person."
"22a. Off-site human directional and advertising sign. A
temporary sign that is held,carried, or supported by a person while
on a property that is different than the sign directs or advertises or
on public right-of-ways or streets, but does not include a sign or
words or pictures featured on an article of clothing worn by said
person." .
"28a. Public right-of-way. The area in, upon, above, beneath, or
across any public street, road, lane, court, alley, boulevard,
sidewalk, pathway, park, open space, landscape lot, drainage
facility, easement or other public place or property within the City,
as it now or hereafter exists."
SECTION 12. If any section, subsection, sentence, clause, phase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance_ The City Council hereby declares that it would have adopted this Ordinance, and
each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of
the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or
portions might subsequently be declared invalid or unconstitutional.
SECTION 13. 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
-ems
s'
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 14. General Plan Consistency. Based on the entire record before the City
Council and all written and oral evidence presented, including the staff'report and the findings
made in this Ordinance, the City Council of the City of Azusa hereby.finds and determines that
the proposed Ordinance is consistent with the goals and policies of the City of Azusa General
Plan and is reasonably related to the public welfare of the citizens of the City and the surrounding
region. Specifically,the parking provisions in this Ordinance further an important goal identified
within the General Plan's Vision & Values section by improving'the physical appearance of the
City by regulating signs, vehicle parking on private property and the location of portable shade
structures.
SECTION 15. This Ordinance shall become effective thirty(30) days after its adoption.
SECTION 16. The City Clerk shall certify the adoption of this Ordinance and shall
cause the same to be posted as required by law.
PASSED,APPROVED,AND ADOPTED this_day of 2008.
.Joseph R Rocha
Mayor
ATTEST:
Vera Mendoza
City Cleric
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Redline Version of Amended(Development Code Sections
Section 88.30.060(D)(3)
"Vehicle parking and storage. No required parking space shall be located within a
required setback, except as provided by Section 8836.090.A (Location of Parkingj and oeleted:.No from oaidam:rt
88.36.130 (Commercial Oversized and Recreational Vehicles on Private Property). The wbod:arol)br mrd for pmldnp o mmw
xWdc,reccational vcwde(RV),boy,
following requirements shall also apply: - or othc vcbicics,mspi mm as opmble
automobac m wck ofoor-loo capadm
m less.is R.I.reusc.my be pakcd
widrio a paved driscwoy.
a All vehicles parked within the front yard setback of a residential lot shall be
parked only on a driveway leading to a garage or camort.and shall be parked on a paved
surface The maximum allowable area that can be paved in the front yard setback or
street sideyazd setback area is thirty-five Dercent(35%) of the total width of the setback
area.
b Parking of any vehicles on unpaved surfaces concrete tiles or blocks. or
e'asscrete blocks concrete tiles or similar surfaces is prohibited. Driveways must be
filly Daved.
C= The narking or storage of inoperable vehicles in the front yard of a residential lot
is prohibited Inoperable vehicles may be parked or stored in the side or rear yards of a
residential lot on a paved area or in a garage provided the vehicle is screened with
approved and appropriate fencing from public view.
d The parking of any vehicle on any vacant unpaved lot is Prohibited.
e Vehicles narked on driveways in the front yard setback or street side yard setback
shall not encroach into a Darkwa'v containing a sidewalk or in cases where there is no
sidewalk. at least eight feet(8' 0")from the edge of the curb and in the absence of a curb
at least eight feet(8' 0")from the edge of the paved road.
f Vehicle repairs shall not be performed in front vard setbacks extent in case of an
emergency No long term repairs or car dismantling shall be allowed in front yard
setbacks An ememanev is considered as the car being unable to start such as a battery
jump or changing a flat tire Long term repairs are considered those taking more than a
twelve(12)hour consecutive period."
Deleted:Rc=a600W vehicle and
ravel.5.mrogc.No regeati.rw
Section 88.36.030(E) h dc,.the term is defined io A tide 6
(Glossory),or gaud traly shill be stored
r _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ from
(parked for 7d rows as mmq w)dsin c
_ _ _ _ _ _ Goated bock hompryross)%mbood
Section 8836.130 mor established by Article 3 No
rrueminod xldde or travel=Is,sboa
be stoma ithio any District pry
Commercial.Oversized and Recreational Vehicles on Private Property. corridor.except wh.ombodud by
p Tempor ry Uee Paton vPro,-4 or,is tot
opproxd xtude nwagc[erirry.y
A. Definitions. Folrnatted:Bullets and Numbering
ORANGE\MMRRE6\95677 1
The following words terms and phrases when used in this chapter shall have the
meanings ascribed to them in this section. except where the contexi clearly indicates a
different meaning:
Conmercial vehicle means a motor vebicle of a type required to be registered under the
Califomia Vehicle Code, or maintained for the transportation of persons for hire.
compensation. or profit or desimed. used. or maintained primarily for the transportation ,
of propertv.
Curb means an edging(as of concrete)built along a street to form part of the nutter and
edge of the street.
Gross vehicle weight rating(GVWR)means the weight specified by the manufacturer as
the loaded weieht of a sinele vehicle.
Gross combination weieht ratio¢ (GCWR) means the weieht specified by the
manufacturer as the loaded weieht of a combination or articulated vehicle. In the absence
of a weieht specified by the manufacturer, GCWR shall be determined by addine the
GVWR of the power unit and the total unladen weight of the towed units and any load
thereon.
a,ersi-ed vehicle shall be defined as any vehicle whether motorized or non-motorized.
that exceeds twenty three feet(23') in length or eighty inches(80") in width or ninety-
six inebes (96') in height regardless of its weight. Any extension caused by any mirror,
load height or any accessory attached to such vehicle shall be considered hart of the
measured distance.
Notwithstanding the length.width, and height requirements for an oversized vehicle. the
following vehicles shall also be considered oversized vehicles subject to the prohibitions
contained in this section:
I Buses as defined in the California Vehicle Code:
7. Trailer coacbes as defined in the Califomia Vehicle Code:and
Park means the standing of a vehicle whether occupied or not otherwise than
temporarily for the purpose of and while actually engaged in, loading or unloading
merchandise or passeneers.
Recreational vehicle shall be defined as a motor home, slide-in camper. travel trailer.
truck camper or camping trailer with or without motor power, designed for human
habitation for recreational purposes or emergency occupancy. Recreational vehicle sbali
also include:
] Camping trailer. A vehicular portable unit mounted on wheels and constructed
with collapsible partial sidewalls which fold for towing by another vehicle and unfold at
pfANGE\MTCIftAiS\456�'l.]
the campsite and designed for huinan habitation for recreational or emergency
Occupancy: -
7 Motor home A vehicular unit built on or permanently attached to a self-propelled
motor vehicle chassis chassis cab or van. which becomes an integral part of the
completed vehicle desianed for human habitation for recreational or emeMnev
occupancy: -
3 Slide-in camper.A portable unit consisting of a roof.floor and sides.desianed to
be loaded onto and unloaded from the bed of ayickim truck and desianed for human
habitation for recreatiopal or emergency occupancy and shall include a truck camper.
4 Trm,el trailer. A portable unit mounted on wheels. of such a size and weight as
not to require special highway movement permits when drawn by a motor vehicle and for
human habitation for recreational or emergency occupancy or travel trailers carrying off-
hiahwav vehicles.
5 Off-AiOmav vehicles Vehicles that are subject to the provisions of Califomia
Vehicle Code. Section 38010(a).that include,but are not limited to(a)any motorcycle or
motor-driven evcle except for any motorcycle which is eligible for a special
transportation identification device issued pursuant to Vehicle Code. Section 38088: (b)
any snowmobile or other vehicle designed to travel over snow or ice. as defined in
Vehicle Code Section 557: and (c) any motor vehicle commonly referred to as a sand
buggy dune bug--v. or all terrain vehicle.
Right-of-\+m means a corridor or strip of land.either public or private on which a right
of passa"e has been recorded and over whicb are built roadways.curbs and parkways
Semitrailer means a vehicle designed for carrying persons or property. used in
coniunetion with a motor vehicle.and so constructed that some part of its weight and that
of its load rests upon.or is carried by.another vehicle.
Trailer means a vehicle designed for camping persons or property on its own structure
and for beine drawn by a vehicle. "Trailer" includes a semitrailer when used in
conjunction with an auxiliary dolly, if the auuliary dolly is of a ripe constructed to
rpplace the function of the drawbar and the front axle or axles of a trailer.
Tn¢k tractor means a motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load. other than a part of the weight of the
vehicle and the load so drawn. As used in this section. "load" does not include items _
carried on the truck tractor in coniunetion wdth the operation of the vehicle if the load
canvine space for these items does not exceed thirty-four(34)square feet
Unladen weieht means the weight of a vehicle equipped and ready for operation-on the
road including the body. fenders. oil in motor,radiator full of water. with five eallons of
"asoline or equivalent weight of other motor fuel: also equipment required by law. and
o& 4mmrmns\Ssm i -
unless exempted under California Vehicle Code Section 66). any special cabinets.boxes
or bodv parts penpanently attached to the vehicle and any machinery. eguhment or
attachment which is attendant to the efficient operation of the body or vehicle.
Vehicle means a device by whieb any person or property may be propelled, moved. or
drav<m upon a highway excepting a device moved exclusively by human power or used
exclusively upon stationary nils or tracks.
B Application These regulations shall apply onlv in Neighborhood districts and
sub-districts as defined in this Article.
C Regulations The following reeulations shall apply to the oarkine and/or storaee
of commercial.oversized and recreational vehicles:
I No commercial vehicle, trailer. truck tractor or oversized vehicle may be
parked on private propemr,except:
a. While loading or unloadine goods or.materials when delivered to the
property:and/or
b When the vehicle is parked in connection with providing services to or on
the property.
2. Recreational vehicles may be parked and/or stored on private property.
subiect to the following:
a A maximum of one recreational vehicle may be parked and/or stored in a
front vard setback or a residential driveway.provided that all of the followvte are met:
(1) The entire recreational vebicle fits over an paved surface:(3)The recreational vehicle
is parked and/or stored behind a public sidewak where applicable:(3) The recreational
vehicle is parked and/or stored behind the property line and does not encroacb into a
public paikwav containine a sidewalk: and (4) Wbere there is no sidewalk the
recreational vehicle is parked at least eight feet (8') from the face of the curb. or.eight
feet(8')from the beginning of the paved street
b Notwithstanding limitations on paved surfaces in front yard-' — t Formatted:Bullets and Numbering
setbacks a paved surface used for the lawful parking and/or storage of a recreational
vehicle shall combined with existing lawful driveways shall generally not exceed forty
percent(40%) of the total width of the front yard setback. Installation of more than one
driveway or combined driveways may be permitted subiect to the submittal and approval
of a temporary use permit and shall be in accordance with Section 88.36.100. Driveway
locations and ultimate widths shall be established as part of the temporary use permit.
C. Recreational vehicles may be parked and/or stored on side yards. as long•,— Formatted:labs: 1•,ust tab+
as the entire recreational vehicle is narked and/or stored on a paved surface and there is a Not of 1.5'
clearance of not less than three feet (3') from the residential structure over the entice Formatted:sutlers and Numbering
length of the recreational vehicle.
OPnIGE%IM?..AsS%45677 2
d. Recreational vehicles may be parked and/or stored on rear vards. as lone
as the entire recreational vehicle is parked and/or stored on a neved surface and there is a
clearance of not less than three feet(3')from all parts of the residential structure.
e Recreational Vehicles parked or stored in front vard driveways must be
Parked perpendicular to the front yard property line and where possible facing forward
for safer earess into the public rieht-of-way.
f Recreational vehicles parked and/or stored in a front Yard driveway must
be registered and operational Recreational vehicles shall be maintained clean and in
repair and shall not leak any fluids(oil. coolant etc.). No person sball dump or dispose
of any recreational vehicle waste except in certified waste disposal canisters.
e Recreational vehicles that are stored on property may be protected with an
appropriate cover An appropriate cover shall be a snap-up cover or snue zip-up cover
made of canvas, polyester. vinyl or other weather resistant malarial. customized to fit
over the recreational vebicle. No recreational vehicle shall be parked or stored anywhere
on the Property under a temporary accessory structure(i.e.. canppy tent tarp or similar
structure).
h Recreational vehicles may be temporarily connected to an electrical outlet
only while parked within the Rrivate property for a period not to exceed seventy-two(72)
hours and for the Tole purpose of loading and unloading the recreational vehicle and
getting it ready for a trip.
Section 88.38.035(B)
"R. Temporary signs. Ile following temporary signs are allowed subject to the _ _ Deleted: widmm.6pnRanjr
approval of a temporary sign permit from the Economic and Community Development
Department.PIaunine Division.of the City of Azusa." Deleted:5
Section 88.035(B)(3)
3. On-site human directional and advertising signs. On-site human directional
and advertising signs shall be permitted on the same property as the sign directs or
advertises Such signs shall not be carried in a manner that creates a safety hazard to
patrons of the propertv upon which such siep is carried.
Section 88.38.035(ID)(7)
7. On-site human directional siens.Provided that such signs sball not be carried in
a manner that creates a safety hazard to patrons of the property upon which such sign is
carried.
Section 88.38.040(G)(1)
OR IMMMRRES\45677 1
1. Off-site human directional and advertisine siens. - - Formatted:Bullets and Numbering
Section 88.38.0700
.{Deleted:TcmP�Y arms sn allowed
F. Temporary signs. The following temporary signs are allowed subject to the ' wbjutto he following rcaeucmcabt
approval of a temporary sign permit from the Planning Division. All temporary signs
shall be maintained in good repair and properly secured so as not to create a public safetv
bazard.
Section 88.38.070(1)(7)
Formatted:Front:Bold
,7. Additional temporary sign standards and guidelines._ _ _ _ _ _ _ _ _ '
a Temnorary signs shall not be placed over public property or public rights-of-
way.
b Temporary signs shall not interfere with the operation of doors or windows.
c Temporary signs shall not be posted on public facilities(i.e.,utility poles light
standards,sign posts.trees.etc.)
d Susoended teMDDrdry signs shall be at least eight feet W 0") above walking
surfaces and sixteen feet 0 61 minimum above driving surfaces.
e Temporan•wail or suspended signs shall not exceed ten percent (10%) the
total square footage of the surface of the front building facade and may be mounted on
any building wall surface.
f Temporary window signs shall not exceed the maximum twenty percent (30%) -
coveraste of the total window area,including any Permanent window situs.
Section 88.42.020(E)
E. Tents and portable shelter structures. The use of tents and other temporary and
.portable shelter structures gray be allowed in residential districts in rear Bard areas not Deleted:sbau ba allowadm the Nn
visible from the street or public right-of=way. `°ty ithi. yard.
Section 88.70.020 (Beneath the definition of"Sigh")
6.Bench Sign.Copy painted on a portion of a bench.
6a Business or commercial entity. A business or commercial endeavor that
euvages in activities as a means of livelihood or Profit-or an entity which engages in such
activities.
OPA GE\HTOP.P,ES\1561'!.1
10. Directory Sign. A sign for listing the tenants and their suite numbers of a multiple
tenant structure or center.
10a. Display of goods. The exhibition of objects or merchandise for public
view.
21. Non-conforming sign. An advertising structure or sign which was lawfully enacted
and maintained prior to the adoption of this Development Code, but does not now
completely comply with current regulations.
21a.On-site human directional and advertising sign.A temporary sign that is
held. carried, or supoorted by a person while on the same property as the Bien directs
or advertises. but does not include a sign or words or pictures featured on an
article of clothing worn by said person.
22. Off-Site Directional Sign. A sign identifying a publicly owned facility, emergency
facility,or a temporary subdivision sign,but excluding real estate signs.
22a.Off-site human directional and advertising sign. A temporary sign that is
held, carried. or supported by a person while on a property that is different than the sign
directs or advertises or on public riabt-of-ways or streets,but does not include a sien or
words or pictures featured on an article of clothing tvom by said nerson.
28. Projecting Sign.. A sign other than a wall sign suspending from, or supported by, a
structure and projecting outward.
Formatted:Fonh Sold
�8n. Public right-of-waX. The area in. ypon above. beneath or across ani '
public street.road.lane.court,alley. boulevard. sidewalk, pathway. nark open space.
landscape lot. drainaee facility. easement or other public place or property within the
Citv.as it now or hereafter exists.
ORPJ�G=\HrORRES\<a6'lr.i
EXCERPTS FROWI THE DEVELOPMENT CODE SUBJECT TO CHANGES
Tc: Planning Commissioners and Public
From:Jorge V Rosales, Planning Commissioner and ACCFCC Chairman
SECTION 1 86-30 060 • Setback Requirements and Exceptions
A Purpose Tilts Sec!mn provides standards for the vocation required size and allowable uses of satbec',:s Setback,standards provide_open
arras :wound slruclur=_s for: visibiufy and traffic safety, access to and around structures:access to natural light. vanlilelion arid di,ect
=vnEialii;sennfation laeivreen oolenlfaliy confiirling activities.and space for privacy.landscaping and receabon
0.Limitations on the use of setbacks The use or occupancy of a required setback shall comply with the following standards
3.Vehicle parking and storage.No required parking space shall be located within a required setback except as provided - L'y
Station 30.1,6 0,90 A (Location of Paikingl No front or side street setback shall be used for parking a motor vehicle. recreational vehicle
;RV; I.,ml or oder�Oiides exrepl Ina!an operable aulomobde or Inter,of one-ton capacity or less.in regular use,may be parked withir a
Paved dnveway
SECTION 2. 85.36.030-General Parking Regulations
E Recreational vehicle and travel trailer storage.Ne recreational vehicle.as the term is defined in Arlicle 6(Glossary).or travel trailer
shail be slored;parked for 23 hours or rno!e)crithin a front se1'bacf:area in any neighborhood!zone established by Article 2 NO recreational
von r.Jo or iravel hailer shall be slored within any District or Corridor excegt where aufhori>_ed by Temporary Use Permit approval or in an
app ovcd vehicke Morage farih,y
SECTION 3. 98 36.130 • Commercial Vehicles on Private Property
The fol!o;ving standards apply in commercial vebis!es vnhich for the purposes of this Scchon are: single vehicles or a combination of
vuitic es:villi mor than Iwo axles single vehicles or a combination cf vehicles 20 feel or more in lenglh;or single vehicles or a combination
nfmm a inanalactvrer s gross vehicle waighl raling.of 6.000 pounds(fhree Ions)or mae
A Parking Iimil in residential zoning districts.Nc cnmmerml vehide shall be parked famore than tfircC hnnrs on prvzle property In any
p.!!'of;a neightnihood other Than a neighborhood cern=r.except:
1 t;4dc loading of uabading goods a me!erials and the time required to complete the v:ork exceeds the lhree4,our period;or
2 ;Yhen the vahicfr is parked in connection vA?h and in aid of providing a service to or on a property in file block in which lite vehida is
parked and nine in addition to the tlnee-hour period is n=ecessary Ie complete the service
B Parking limits in neighborhood centers,corridors and districts.6.commercial vehicle andior ronlre Eur s equipment)icr example,
ciupp_rs concrete pumpers. etc i and other similar mobile equipment. may be parked on p!iva0e properly only when file vehicle Is in
roruect�a�vrtth and is owned or!eased by an:approved business in a neighborhood center.a cowdui of district or when the vehicle is
ioarlurg or unira;iirng goods in conncrtior with a business and is parxed for 43 hours or less
SECTION 4,88.38.035 - Exemptions from Sign Permit Requirements
B.Temporary signs —no.ruBo%frici lemporan,signs are all:;v:ed vnlhou: a sign permit
SECTION S. SECTION 88.38.035-8.3 15 ENTIRELY NEW
SECTION 6.SECTION 8838.035-D.715 ENTIRELY NEW
SECTION 7. 88.38.070-Standards for Specific Sign Types
Prnposed signs shall comply with the following standards applicable to the specific sign type Each sign type listed in.lhis Sectio:! slat] be
included in tl._ catrutalion oi-the iolal sign area afo;yed on a parcel by Section 88 38 O•30(Sign Standards by Area). unless hiis Saclion.
-,xpiieitlp provides glhe:wise Each sign shaft also comply viiih the sign arca,height. and other requirerrmr:is of Sccf.on 88 38 080. and al;
Oiler ai ipli;able pfuvi=_ions of this Chapter
F.Tomperary signs Temporary signs are allowed subject to the foltov;:ng requirements
SECTION S. SECTION 89.38-D70-F.7 IS ENTIRELY NEW
SECTION 9. 88.42.020 - Accessory Structures
Whele al1mv-;'u by Article 2(Urhan Standards).accessory structures shall comply will the regulations of this Section Tclecommunicalions
facilities are instead subjacl to the requirements of Chapter 88 46(Telecommunications Facilities)
E Tents and portable shelter structures.The use of lents and other temporary and portable shelter structures shall be allov:ed in tar;11G
::Ones only within a rear yard _
SECTION 10. Chapter 88.70 - Definitions
S Definitions,"S"
Sign .A structure device figure.display message placafd.or other contrivance,or any par thereof situated outdoors or indoors, which is
designed. onslnict*d m.endad. or used to advertise.or to provide information in the nature of advartisint7.to direct or attract attention to au
object. person institution.. business. pmdacl. service.event dr location by any means.including :vends letters. 5gures,desior�s, symbol-.
fl*.runes.crlors.0imination.of prcjecter,images Does not include murals paintings and other isod:s of art[hat are not intended to adeaifse
:r rdentiiy ary business or product.Types of signs include the follow ng
6 Bench Sion Cutry painted un a porion of a bench
7 Cabinet Sign ICan Sign).A.sign with its tent andhs logo symbols and alv.,ork on a L•ansluxnl face panel that is mounted within a
ms•.al frame o: cabinel that contains the lighting relares which illuminate the sign face from behind .
f,3 Directory Sign.P.sign for listing the lenams and their suite numbers of a multiple tenant structure or center
1 f Double-Faced Sign !: sign conslrucled to display its message or, the outer sur'aces of hvo identical andiur apposite para]:&]
lanes
21 Nonconforming Sign An adverlsing mr cture Or Sion vAhch was lawfully erected and maintained pnor to the adopvcn of this
Dc-vefopmaul Code but does not now completely tOomply vnlh current regulations -
22 Off-Site Directional Sign. A sign identifying a ;iublicly orfned facility. emergency fadhty. or a lempdfary sutrdrAston sign bul
•:dudmg roal&stale sions
23 Ofil Sign o.cion identifying a ase faciNV.serviceor product that is nut located.sold or manufactured or,the sante promise a-
G:e sign or[!let identines a use,service.or product by a brand name which,although sold of mar ufaclured on the premise is not
a wompal Ham for sale or manufactured on the premise
28 Proieciing Sign A sign other than a wail sign suSuendino from,or supported by.a structwo and projecting ouhaard
29 Real Estate Sign.A sign indicating that a properly or any portion thereof is available for irspeclon.sale, lease, rantor directing
puuule to a mepeily.but not including temporary subdivision signs
Redline Version of Amended Development Code Sections
Section 88.30.060(D)(3)
"Vehicle parldng and storage. No required parking space shall be located within a-
1 required setback, except as provided by Section 88-36.090-A (Location of Parkingl,and , Deleted:.N.@oni nr sick ev m
hall be usW sfor pmtinga motor
88.36.130 (Commercial Oversized and Recreational Vehicles on Private ProoeTr). The sabxch vclacic,rc .x O.vl vehide(RV).b..L
following requirements shall also apply: mmb."`tu`I`:.mow'dmm m op..bk
aummubile or"o l of grit-lov mPnh,
m I...m rcgulm use.my b:pml.d
wiJJv o paved drivcuay.
a All vehicles parked within the front yard setback of a residential lot shall be
parked only on a driveway leadinm to a earaee or carportand shall be parked on a paved
surface The maximum allowable area that can be oaved in the front Yard setback or
street side yard setback area is thirty-five percent("5%)of the total width of the setback
area-
b. Parking of any vehicles on unpaved surfaces concrete tiles or blocks. or
grasscrete. blocks concrete tiles or similar'surfaces is prohibited. Driveways must be
fully oaved.
C. The parking or storage of inoperable vehicles in the front Yard of a residential lot
is prohibited Inoperable vehicles may be parked or stored in the side or rear Yards of a
residential lot on a paved area or in a garage provided the vehicle is screened with
approved and appropriate fencing from public view.
d The parking of any vehicle on any vacant unpaved lot is prohibited
e Vehicles parked on driveways in the front yard setback or street side yard setback
shall not encroach into a parkway containing a sidewalk or in cases where there is no
sidewalk.at least eight feet(8' 0")from the edge of the curb and in the absence of a curb
at least eight feet(8' 0")from the edge of the paved road.
f Vehicle repairs shall not be performed in front vard setbacks except in case of an
emereencv No long term repos or car dismantling shall be allowed in front Yard
setbacks An emereencv is considered as the car being unable to start such as a battery
jump or chaneina a flat tire Lone term repairs are considered those taking more than a
twelve(I2)hour consecutive period."
- Deleted:Itecrevdoml vdmidc and
,WcIt.m7asm=ic &i.,di.mW
Section 88.36.030(E) we1=,mm<momi=aeenW�nJ=I:6
jo..my),m yawl tmila slug be I.nd
(pmhd fm 24 horns or morc)wiJav v
6om wbnch mev in my neighbvrbmd
vill
b
Section 8836.130 vd m v
vcumllshby hbyArricl=2 ij
recmati b niel a ahvn
b:stored widm m Dimia orf
` Cogidm.mmcpt what vmh.,iud by
Commercial Oversized and Recreational Vehicles on Private Property. Tanpomry u,=Pa-m vPmo"m.mr in o0
vpptoved vchiele mange fvcait j
A. Definitions, Formatted:Bullets and Numbed
OWGE\H-TORP.ES\45677.1
The following words. terms and phrases. when used in this chapter. shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different ramine:
Commercial vehicle means a motor vehicle of a type required t6 be registered under the
California Vehicle Code. or maintained for the transportation of persons for hire, _
compensation or profit or designed used- or maintained primarily for the transportation
of oropertv.
Curb means an edging. (as of concrete)built alone a street to form part of the Rutter and
edge of the street.
Gross vehicle weight raring(GV WR)means the weight specified by the manufacturer as
the loaded weiebt of a single vehicle.
Gross combination war iy ratine (GCWR) means the weight specified by the
manufacturer as the loaded weieht of a combination or articulated vehicle. In the absence
of a weieht specified by the manufacturer. GCWR shall be determined by adding the
GVWR of the power unit and the total unladen weiebt of the towed units and anV load
thereon.
Oversized vehicle shall be defined as anv vehicle whether motorized or non-motorized
that exceeds twenty three feet (23')in length, or eighty inches (80") in width or ninety-
six inches (96") in height regardless of its weight. Any extension caused by any mirror '
load height or any accessory attached to such vehicle shall be considered part of the
Measured distance.
Notwithstanding the length, width. and Mehl requirements for an oversized vehicle. the
following vehicles shall also be considered oversized vehicles subject to the prohibitions
contained in this section:
1. Buses as defined in the California Vehicle Code; -
2 Trailer coacbes as defined in the Califomia Vehicle Code:and
Park means the standing of a vehicle. wbetber occupied or not. otherwise tban
temporarily for the purpose of and while actually engaged in, loadine or unloading
merchandise or passengers.
Recreational vehicle shall be defined as a motor home. slide-in camper. travel trailer-
truck camper. or camping trailer. with or without motor power, designed for human
habitation for recreational purposes or emergency occupancv. Recreational vehicle sball
also include:
1. Campine [railer: A vehicular portable unit mounted on wheels and constructed
with collapsible partial sidewalls which fold for tpwine by another vehicle and unfold at
OM4GEWTORRES\55677.[
the campsite and designed for human habitation for recreational or emergency
occupancv:
I Alotor home A vehicular unit built on or permanently attacbed to a self-propelled
motor vehicle chassis chassis cab or van which becomes an integral part of the
completed vehicle designed for human habitation for recreational or emergency
occupancy:
3 Slide-in camper. A portable unit consisting of a roof floor and sides. designed to
be loaded onto and unloaded from the bed of a pickup truck. and designed for human
habitation for recreational or emereencv occupancy and shall include a truck camper.
4 Trm+el trailer.A portable unit mounted on wheels of such a size and weight as
not to reguire special highway movement permits when drawn by a motor vehicle and for
buman habitation for recreational or emereencv occupancy or travel trailers carrying off-
hiebwav vehicles.
5 Off-Hiplpvm+ vehicles Vehicles that are subject to the provisions of Cabfomia
Vehicle Code Section 38010(a) that include but are not limited to(a)any motorcycle or
motor-driven cycle except for any motorcycle which is eligible for a special
transportation identification device issued pursuant to Vehicle Code. Section 38088: (b)
any snowmobile or other vehicle designed to travel over snow or ice. as defined in
Vehicle Code Section 557 and (c) any motor vehicle commonly referred to as a sand
buggy dune buggy or all terrain vehicle
Ri¢ht of x enmeans a corridor or strip of land, either public or private on which a tight
of passage has been recorded and over which are built roadways.curbs and parkways
Semitrailer means a vehicle desiened for canying persons or property used in
conjunction with a motor vehicle and so constructed that some part of its weight and that
of its load rests upon or is carried by.another vehicle.
Trailer means a vehicle designed for cam�ine persons or property on its own structure
and for being drawn by a vehicle "Trailer" includes a semitrailer when used in
coniunction with an auxiliary dolly if the auxiliary dolly is of a type constructed to
replace the function of the drawbar and the front axle or axles of a trailer.
Tntck tractor means a motor vehicle desiened and used primarily for drawing other -
vehicles and not so constructed as to carry a load other than a pari of the weight of the
vehicle and the load so drawn. As used in this section. "load" does not include items
carried on the truck tractor in conjunction with the operation of the vehicle if the load
carryine space for these items does not exceed thirty-four(34)square feet.
Unladen weight means the weight of a vehicle equipped and ready for operation on the
road including the body fenders on in motor radiator full of water. with five gallons of
gasoline or equivalent weight of other motor fuel: also equipment required by law. and
OPFNGE\Hr03PE5\f5677 1 '
unless exempted under California Vehicle Code Section 661. any special cabinets.boxes
or bodv parts permanently attached to the vehicle. and any machinery. equipment or
attachment which is ampdant to the efficient operation of the body or vehicle.
Vehicle means a device by which anv person or property may be propelled moved, or
drawn upon a highway, excepting a device moved exclusively by human power or used
exclusively upon stationary rails or tracks.
B Application These revelations shall apphv only in Neighborhood districts and
sub-districts as defined in this Article.
C Regulations. The following regulations shall apply to the parkine and/or storage
of commercial.oversized and recreational vehicles:
1 No commercial vehicle. trailer. truck tractor or oversized vehicle may be
parked on private property,except:
a. While loading or unloading goods or materials when delivered to the
property:and/
b When the vehicle is parked in connection with providine services to or on
the proverty.
7. Recreational vehicles may be parked and/or stored on private property.
subject to the followine:
a A maximum of one recreational vehicle may be narked and/or stored is a
front vard setback or a residential driveway, provided that all of the follouvtg are met:
(1) The entire recreational vehicle fits over an paved surface:(Z)The recreational vehicle
is parked and/or stored behind a public sidewalk where applicable:(3) The recreational
vehicle is parked and/or stored behind the proDertv line and does not encroach into a
public parkway containing a sidewalk: and (4) Where there is no sidewalk the
recreational vehicle is parked at least eight feet (8') from the face of the curb. or eight
feet(8')from the beginning of the paved street
b Notwithstanding limitations on paved surfaces in front yard- — Formatted:Bullets and Numbering J
setbacks a paved surface used for the lawful parking and/or storage of a recreational
vehicle shall combined with existing lawful driveways shall generally not exceed forty
percent(40%) of the total width of the front yard setback. Installation of more than one
driveway or combined driveways may be permitted subiect to the submittal and approval
of a temporary use permit and shall be in accordance with Section 88.36.100. Driveway
locations and ultimate widths shall be established as part of the temporary use permit.
C. Recreational vehicles may be narked and/or stored on side yards, as ]on Farmattea:Tabs: t^,ust lab+
as the entire recreational vehicle is parked and/or stored on a paved surface and there is a Not at 1.5•
clearance of not less than three feet (3') from the residential structure over the entire Formatted:Bullets and Numbering
lenethofthe recreational vehicle.
O?W GE\MIOAAES\45677 1
d Recreational vehicles may be parked and/or stored on rear Yards. as lone
as the entire recreational vehicle is parked and/or stored on a paved surface and there is a
clearance of not less than three feet(3')from all Darts of the residential structure
_ e Recreational Vehicles narked or stored in front Yard driveways must be
oarked perpendicular to the front vard property line and wbere possible facing forward
for safer egress into the public rieht-of-way.
f Recreational vehicles parked and/or stored in a font yard driveway must
be re istered and operational Recreational vehicles shall be maintained clean and in
repair and shall not leak anv fluids(oiL coolant. etc-). No person shall dump or dispose
of any recreational vehicle waste except in certified waste disposal canisters.
e Recreational vehicles that are stored on property may be protected with an
appropriate cover. An appropriate cover shall be a snap-up cover or snug zip-up cover
made of canvas polyester vinyl or other weather resistant material. customized to fit
over the recreational vehicle No recreational vehicle shall be parked or stored anywhere
on the property under a temporary accessory structure(i.e.. canopy. tent,tarn. or similar
structure).
h Recreational vehicles may be temporarily connected to an electrical outlet
only while parked within the private nroverro for a period not to exceed seventy-two(72)
hours and for the sole purnose of loading and unloading the recreational vehicle and
getting it ready for a trip.
Section 88.38.035(B)
`B. Temporary signs. The following temporary signs are allowecL subject to the _ _ , Deleted, wiib=n sire R.rrie
approval of a temporary siza permit from the Economic and Community Development
Department Planning Division,of the City of Azusa- _ _ _ _ _ _ _ _ _ _ _ _ , odeted:q J
Section 88.035(13)(3)
3 On-site human directional and advertising signs. On-site bmnan directional
and advertisin sinus shall be permitted on the same nroperty as the sign directs or
advertises Such signs shall not be carried in a manner that creates a safety hazard to
patrons of the property upon wbich such sign is carried
Section 88.38.035(D)(7)
7 On-site human directional signs Provided that such signs shall not be carried in
a manner that creates a safety hazard to patrons of the property upon which such sign is
carried.
Section 88.38.040(6)(1)
OaAnGE\LROFR:S\<56TI.?
I. Off-site human directional and advertisine signs - — Farmatted:Bullets and wambering
Section 88.38.O70(F)
Deleted:Tvapvrary sums me° amv d
F. Temporary signs. The following temporary+ signs are allowed subject to the , ' �scbjectm We fgnoxd°g mquvamm
approval of a temporary sign permit from thePlaonine Division All temporary signs -
shall be maintained in eood repair and properly secured so as not to create a public safety
hazard-
Section
azardSection 8838.070(F)(7)
Formatted:font:Bold
7,__ Additional temporary sign standards and guidelines._
a Temporary signs shall not be Placed over public Drovertv or public rights-of-
way.
b. Temporary signs shall not interfere with the operation of doors or windows.
c. Temporary signs shall not be posted on public facilities(i.e..utility poles, light
standards.sign posts,trees.etc.)
d. Suspended temporary signs shall be at least eiebt feet (8' V) above walking
surfaces and sixteen feet(16')minimum above driving surfaces.
e.Temporary wall or suspended signs shall not exceed ten Dercent (10%) the
total square footage of the surface of the front building facade and may be mounted on
any building wall surface.
f.Temporary window signs shall not exceed the maximum twenty percent (20%)
coverage of the total window area,including any permanent window sizes.
Section 88.42.020(E)
E. Tents and portable shelter structures. The use of tents and other temporary and
portable shelter structures May be allowed in residential districts in rear yard areas not_ Deleted:snaU be aligmcd in dm NO
visible from the street or public richt-of-way. =gas:my wlu,la arty 7ma
Section 88.70.020 (Beneath the definition of"Sign")
6.Beach Sign.Copy painted on a portion of a bench.
6a. Business or commercial entity. A business or commercial epdeavor that
eneaees in activities as a means of livelihood or profit,or an entity which engages in such
activities.
Mance\n7oan_s\+5677 r
10. Directory Sign. A sign for listing the tenants and thew suite numbers of a multiple
tenant structure or center.
10a Displav of goods. The exhibition of objects or merchandise for public
view.
21. Non-conforming sign. An advertising structure or sign which was lawfully enacted
and maintained prior to the adoption of this Development Code, but does not now
completely comply with current regulations.
21a On-site human directional and advertising sign.A temporary sign that is
held carried or supported by a person while on the same property as the sign directs
Or advertises but does not include a sign or words or pictures featured on an
article of clothing worn by said person.
22. Off-Site Directional Sign. A sign identifying a publicly owned facility, emergency
facility,or a temporary subdivision sign,but excluding real estate signs.
22a Off-site human directional and advertising siert. A tempprary sign that is
hea carried. or supported by a person while on a property that is different than the sign
directs or advertises or on public right-of-ways or streets, but does not include a sign or
Words or pictures featured on an article of clothine wom by said person.
28. Projecting Sign. A sign other than a wall sign suspending from, or supported by, a
structure and projecting outward
Farmatte:tl:Fon::Bold
g8a Public right-of-waX The area in upon. above, beneath. or across any ,
public street road.lane court alley boulevard. sidewalk, pathway. nark oven space.
landscape lot drainage facility easement or other public place or property within the
Ciri as it now or hereafter exists.
OAAItvi\Ni OARES\55611 l
Redline Version of Amended Development Code Sections
Section 88.30.060(D)(3)
"Vehicle parking and storage. No required parking space shall be located within a
required setback, except as provided by Section 88.36.090.A (Location of Parking and Deleted:.Nofon,wSide
vrcet
88.36.130 (Commercial Oversized and Recreational Vehicles on Private Property). The wbool shall beul,d rot Pmldop.motor
,6160h.mo aGond vehidc(Rv),bona,
followine requirements shall also apply: or ower .bid..ceepi dim®epervble
not omabae or mrd:plant-mv enpoei�y
or Ices,in repulm use.cony be parked
.,hhio o paved drienmy.
a. All vehicles parked within the front yard setback of a residential lot shall be
parked only on a driveway leading to a garage or carport and shall be parked on a naved
surface The maximum allowable area that can be paved in the front Yard setback or
street side yard setback area is thirty-five percent(35%) of the total width of the setback
area-
b. Parkine of anv vehicles on unpaved surfaces. concrete tiles or blocks. or
arasscrete blocks concrete tiles or similar surfaces is prohibited. Driveways must be
fully paved.
C. The narking or storaee of inonerab)e vehicles in the front yard of a residential lot
is prohibited Inoperable vehicles may be narked or stored in the side or rear yards of a
residential lot on a paved area or in a eeraae provided the vehicle is screened with
approved and appropriate fencing from public view.
d. The parking of any vehicle on anv vacant unpaved lot is prohibited.
CVehicles parked on driveways in the front yard setback or street side yard setback
shall not encroach into a parkway containing a sidewalk or in cases where there is no
sidewalk.at least eight feet(8'0")from the edge of the curb and in the absence of a curb
at least eieht feet(8'0")from the edge of the paved road.
f Vehicle repairs shall not be performed in front vard setbacks except in case of an
emergency. No lonz term repairs or car dismantline shall be allowed in front yard -
setbacks An emereencv is considered as the car being unable to start such as a battery
lump or chaneine a flat tiro Long term repairs are considered those taking more than a
twelve(12)hour consecutive period."
Deleted:RcorcouunW,chicle and
`d voila No
No rcacntiand
Section 88.36.030(E) ,61dde.oe dm 1.is de6oed in Mide6
(Glaewy),or tmvcl troam shO be M.,nd
b.ek- home or net hb bin o
&pot embus nreo y an, o 2 No
Section 88.36.130 z ne cmohlrsbcdby. cle I No
revwdmul vebide m ravel rnulm sho71
be meted oiNm any Dimria a'1
Commercial Oversized and Recreational Vehicles on Private Property. Cetaidar.m.mI wbeteand.,izod by
Temporary We Pmmh oppmr61,ar io no
oppmved vehide momgeanfaetliry.y
A. Definitions. Formatted:Burets d NurnWnp
OR GEMITOP.RES\45677.1
The following words. terms and phrases when used in this chapter. shall have the
meanings ascribed to them in this section. except where the context clearly indicates a
different meaning:
Commercial vehicle means a motor vehicle of a tune rewired td be registered under the
Califomia Vehicle Code. or maintained for the transportation of persons for hire.
compensatiom or profit or designe& used. or maintained primarily for the transportation
of property.
Curb means an edging (as of concrete)built along a street to form part of the gutter and
edge of the street.
Gross vehicle weight raring(GVWR)means the wejeht specified by the manufacturer as
the loaded weight of a single vehicle.
Gross combination weight raring (GCWR) means the weiebt specified by the
manufacturer as the loaded weight of a combination or articulated vehicle. In the absence
of a weight specified by the manufacturer, GCWR shall be determined by adding the
GVWR of the power unit and the total unladen weight of the towed units and any load
thereon.
Oversiced vehicle shall be defined as anv vehicle whether motorized or non-motorized.
that exceeds twenty three feet (23') in length. or eighty inches (80") in width or ninety
six inches(96') in height regardless of its weight Any extension caused by anv mirror.
load height or any accessory attached to such vehicle shall be considered part of the
measured distance.
Notwithstanding the length.width. and height reauiremats for an oversized vehicle. the
following vehicles shall also be considered oversized vehicles subject to the prohibitions
contained in this section:
I. Buses as defined in the California Vehicle Code:
7. Trailer coaches as defined in the California Vehicle Code:and
Park means the standine of a vehicle, whether occupied or not otherwise than
temporarily for the purpose o£ and while actually engaged in. loading or unloading
merchandise or passengers.
Recreational vehicle shall be defined as a motor home slide-in camper. travel trailer.
truck camper or camping trailer with or without motor power, designed for human
habitation for recreational purposes or emergency occupancy. Recreational vehicle shall
also include:
1 Camping trailer. A vehicular portable unit mounted on wheels-and constructed
with collapsible partial sidewalis which fold for towing by another vehicle and unfold at
o�iwiGE\MLaP.PTS\f 56"/'/.1
the campsite and designed for human habitation for recreational or emergency
occupancy;
2. AAotor home A vehicular unit built on or permanently attached to a self-propelled
motor vebicle chassis chassis cab or van. which becomes an integral part of the
completed vehicle desimed for human habitation for recreational or emergency
occupancy:
3 Slide-in camper.A portable unit.consisting of a roof floor and sides,designed to
be loaded onto and unloaded from the bed of a pickup truck. and designed for human
habitation for recreational or emergency occupancy and shall include a truck camper.
4 Ravel trailer. A portable unit, mounted on wheels. of such a size and weight as
not to require special highway movement permits when drawn by a motor vehicle and for
human habitation for recreational or emergency occupancy or travel trailers carrying off-
highway vehicles.
5 Off-HiOnvav vehicles. Vehicles that are subject to the provisions of California
Vehicle Code Section 38010(a).that include.but are not limited to(a)any motorcycle or -
motor-driven cycle except for any motoreycle which is eligible for a special
transportation identification device issued pursuant to Vehicle Code Section 38088• (b)
any snowmobile or other vehicle designed to navel over snow or ice, as defined in
Vehicle Code. Section 557• and (c) any motor vehicle commonly referred to as a sand
buggy,dune buggy.or all terrain vehicle.
Right-of-wav means a corridor or strip of land,either public or private, on which a tight
of passage has been recorded and over which are built roadways,curbs and parkways
Semitrailer means a vehicle designed for carrying persons or property, used in
coniunction with a motor vehicle.and so constructed that some part of its weight and that
of its load rests upon.or is carried by.another vehicle.
Trailer means a vehicle designed for canying persons or property on its own structure
and for beine drawn by a vehicle. "?railer" includes a semitrailer when used in
conjunction witb an auxiliary doilv. if the auxiliary dolly is of a type constructed to -
replace the function of the dmwbar and the from We or axles of a trailer.
Truck tractor means a motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load. other than a part of the weight of the
vehicle and the load so drawn. As used in this section. "load" does not include items
carried on the truck tractor in conjunction with the operation of the vehicle if the load
camring space for these items does not exceed thirty-four(34)square feet
Unladen weight means the weight of a vehicle equipped and ready for operation on the
road including the body. fenders.oil in motor,radiator full of waten with five gallons of
gasoline or equivalent weight of other motor fuel: also equipment required by law. and
owacc\nror.ws\<ssn 3 -
unless exempted under Califomia Vehicle Code Section 661. any special cabinets, boxes
or body parts permanently attached to the vehicle. and any machinery. equipment or
attachment which is attendant to the efficient operation of the body or vehicle.
Vehicle means a device by which any person or pmoertN' may be propelled moved. or
drawn upon a highway excepting a device moved exclusively by human power or used
exclusively upon stationary rails or tracks.
B Application These regulations shall apply only in Neighborhood districts and
sub-districts as defined in this Article.
C Regulations The following regulations shall apply to the parking and/or storage
of commercial.oversized and recreational vehicles:
7 No commercial vehicle trailer,track tractor or oversized vehicle may be
parked on private property except
a. While loadine or unloadine eoods or materials when delivered to the
property:and/ "
b When the vehicle is narked in connection with providing services to or on
the property.
7 Recreational vehicles may be parked and/or stored on private property.
subiect to the followine: - -
a. A maximum of one recreational vehicle may be narked and/or stored in a
front vard setback or a residential driveway provided that all of the followine are met:
(1) The entire recreational vehicle fits over an paved surface:(2)The recreational vehicle
is parked and/or stored behind a oubhc sidewalk where applicable:(3) The recreational
vehicle is parked and/or stored behind the property line and does not encroach into a
public parkway containing a sidewalk; and (4) Where there is no sidewalk the
recreational vehicle is parked at least eight feet (8') from the face of the curb, or eight
feet(8')from the beginning of the paved street.
b Notwithstanding limitations on paved surfaces in front Yard- - Formatted:Bullets and Nvmbedng- J
setbacks a paved surface used for the la-AU wrkine and/or storage of a recreational
vehicle shall combined with existing lawful driveways shall eenerally not exceed forty
percent (40%)of the total width of the front yard setback Installation of more than one
driveway or combined driveways may be permitted subject to the submittal and approval
of a temporary use permit and shall be in accordance with Section 88.36.100. Driveway
locations and ultimate widths shall be established as part of the temporary use permit.
C, Recreational vehicles may be parked and/or stored on side yards, as Ione-, Formatted:Tabs: V,ust tab+
as the entire recreational vehicle is parked and/or stored on a paved surface and there is.a Not at 1.5^ .. .
clearance of not less than three feet (3') from the residential structure over the entire Formatted:Buaets and.Numbering
length of the recreational vehicle.
O?AIVGE\I:I D?.R.s\<i 677.'
d Recreational vebicles may be parked and/or stored on rear vards. as Ione
as the entire recreational vehicle is parked and/or stored on a paved surface and there is a
clearance of not less than three feet(Y)from all parts of the residential structure.
e. Recreational Vehicles parked or stored in front vard driveways must be
Darked Perpendicular to the front vard property line and where possible facine forward
for safer egress into the public riehtof-way.
f Recreational vehicles parked and/or stared in a front Yard drivewav must
be registered and operational Recreational vehicles shall be maintained clean and in
repair and shall not leak anv fluids (oil. coolant etc.). No oerson shall dump or dispose
of any recreational vehicle waste extent in certified waste disposal canisters.
P. Recreational vehicles that are stored on property may be protected with an
appropriate cover. An appropriate cover shall be a snap-un cover or snue zip-up cover
made of canvas nolvester vinyl or other weather resistant material customized to fit
over the recreational vebicle No recreational vehicle shall be puked or stored anvwhere
on the property under a temoorary accessory structure(ix- canopy tent.tarp or similar
structure).
h Recreational vehicles may be temporarily connected to an electrical outlet
only while parked within the private property for a period not to exceed seventy-two (721
hours and for the sole purpose of loading and unloading the recreational vehicle and
gettine it ready for a trip.
Section 88.38.035(B)
"B. Temporary signs.The following temporary signs are allowed.Egect to ibe_ , Deleted: uilbm o s,Acr iL
aPProval of a temporary sipu permit from the Economic and Community Development
Department Planning Division.of the City of Azusa,'_ Deleted;y J
Section 88.035(13)(3)
3. On-site human directional and advertising signs. Ou-site human directional
and advertising signs shall be permitted on the same property as the sien directs or
advertises. Such siens shall not be carried in a manner that creates a safety hazard to
patrons of the property upon which such sien is carried.
Section 8838.035(D)(7)
7. On-site human directional signs.Provided that such signs shall not be carried in
a manner that creates a safety hazard to patrons of the property upon which such sign is
carried.
Section 88.38.040(G)(1)
ORANGE\kT0ARi5\4561 1
I. Off-site human directional and advertising signs. • — Formatted:Bullets and Numbering
Section 88.38.070(F)
ry
Deletetl:Tcmpomry nipu me dlowrd
F. Temporary signs. The following temporasigns are allowed subject to the snbrcgmmc rnuowing rcyn'vrmrn�n:
approval of a temporary sign permit from the Planning Division. All temporary signs
shall be maintained in ood repair and properly secured so as not to create a public safety
hazard.
Section 88.38.070(F)(7)
Formatted:Font:Bold
7 Additional temporary sign standards and guidelines. _ _ _ _ J '
a. Temporary signs shall not be placed over public property or public rights-of-
way.
b Temporary signs sball not interfere witb the operation of doors or windows.
c Temporary signs shall not be posted on public facilities(i.e.. utility poles light .
standards. sign posts.trees.etc.)
d Suspended temporary signs shall be at least eight feet (8' 0") above walking
surfaces and sixteen feet(16')minimum above driving surfaces.
e Temporary wall or suspended signs shall not exceed ten .percent (10%) the
total square footage of the surface of the front building facade and may be mounted on
anv building wall surface.
f Temporary window signs shall not exceed the maximum twenty percent (20%)
coverage of the total window area_includine any permanent window signs.
Section 88.42.020(E)
E. Tents and portable shelter structures. The use of tents and other temporary and
portable shelter structures May be allowed in residential districts in rear yard areas not , Deleted:sh a bt nnowcd in wC rq
visible from the street or public right-of-way. SAn6 only wiNo yard.
Section 88.70.020(Beneath the definition of"Signe)
6.Bench Sign.Copy painted on a portion of a bench.
6a Business or commercial entity. A business or commercial endeavor that
engages in activities as a means of livelihood or profit or an entity which engages in such
activities.
DRl MMYDP.RES\15677.1 .
10. Directory Sign. A sign for listing the tenants and their suite numbers of a multiple
tenant structure or center.
10a. Display of goods. The exhibition of obiects or merchandise for public
view.
21. Non-conforming sign. An advertising structure or sign which was lawfully enacted
and maintained prior to the adoption of this Development Code, but does not now
completely comply witb curreot regulations
21a. On-site human directional and advertising sign. A temporary sign that is
held carried- or supported by a person while on the same propertv as the sign directs
or advertises. but does not include a sign or words or pictures featured on an
article Of clothine worn by said person.
22. OLS Site Directional Sign. A sign identifying a publicly owned facility, emergency
facility,or a temporary subdivision sign,but excluding real estate signs.
22a.Off-site human directional and advertising sign. A temporary sien that is
held. carried. or supported by a person while on a property that is different than the sign
directs or advertises or on public rieht-of-ways or streets, but does not include a sign or '
words or pictures featured on an article of clothing worn by said person.
28. Projecting Sign. A sign other than a wall sign suspending from, or supported by, a
structure and projecting outward.
Formatted:Font:BMd
�8a. Public right-of-way. fhe area in, upon. above. beneath or across any '
public street.road. lane.court alley. boulevard. sidewalk. pathway. park open space.
landscape lot. drainage facility. easement or other Public place or property within the
Cim as it now or hereafter exists.
ORIaaG.\HroRRES\a 56» 1
Redline Version of Amended Development Code Sections
Section 88.30.060(D)(3)
"Vehicle parking and storage. No required parking space shall be located witbiD a
required setback, except as provided by Section 88.36.090.A (Location of Parkingl,and Deleted:.N.oma ersldesucm
wbwek sball be used for parkin,o comm
58.36.130 (Commercial Oversized and Recreational Vehicles on Private Property). The eldde,r.caumusl,bW.I.(av),bawt
following reauirements shall also apply: m atbmvdddes.esaepi dw ac omramc
aulomobBc m Imck ar awe-iia cipwrry
ar las N regal,use,copy be parked
widens n povcd drireway.
a All vehicles parked within the front Yard setback of a residential lot shall be
parked onlv on a driveway leading to a garage or carport. and shall be parked on a paved
Surface. The maximum allowable area that can be paved in the front yard setback or
street side yard setback area is thirty-five percent(35%)of the total width of the setback
area-
b.
reab Parking of any vehicles on unpaved surfaces. concrete tiles or blocks. or
arasscrete blocks concrete tiles or similar surfaces is prohibited. Driveways must be
fully paved.
C. The narking or storage of inoperable vehicles in the front yard of a residential lot
is nrobibited. Inoperable vehicles may be narked or stored in the side or rear yards of a
residential lot on a paved area or in a garage provided the vehicle is screened with
approved and appropriate fencing from public view.
I The parking of any vehicle on any vacant unpaved lot is prohibited.
e Vehicles parked on driveways in the front vard setback or street side yard setback
shall not encroach into a parkway containing a sidewalk or in cases where there is no -
sidewalk.at least eight feet(S' 0")from the edge of the curb and in the absence of a curb
at least eight feet(8'0")from the edge of the paved road.
f Vehicle repairs shall not be performed in front vard setbacks except in case of an
ewer encu No lone term reyai s or car dismantling shall be allowed in front Yard
setbacks An emeracncv is considered as the car being unable to start such as a battery
jump or chanstine a flat fire Lone term rwairs are considered those taking more than a
twelve W))hour consecutive period."
Deleted: and,chideand
� vavd tr 'Imug
ig smm,c.No mnearional
Section 88.36.030(E) vdildq,Ibc lean is defined in Amick6
(Caossmy),or vvm[r0tr siwll be scored
(parked far 34 hams or mom)siddn a
@cut srbawk mea u" neighbmhoocl
Section 88.36.130 memati..]sb d by Anile 2 No
mercadood U.ac m void mj shNl
be rived w s� tony,twin oro
Corridor,erespi wbme omb,iwrdby
Commercial Oversized and Recreational Vehicles on Private Property. T..prmy IIsi Pcrmippmvol,a1
it an
opprovcd axhicic romp1w11ry.9
A. Definitions. Formatted:Bullets and Numaering
' OFAAGE\rdTORREE\956'll.l '
The followine words. terms and phrases. when used in this chanter. shall have the
meaninas ascribed to them in this section, except where the context clearly indicates a -
different meaning:
Contnrercial vehicle means a motor vehicle of a type required t6 be reeistered under the
Califomia Vehicle Code. or maintained for the transportation of persons for hire.
compensatiorL or profit or designed use& or maintained primarily for the transportation
ofpropertv.
Curb means an edging (as of concrete)built along a street to form part of the gutter and
edee of the street.
Gross vehicle weight ratite(GV WR)means the weight specified by the manufacturer as
the loaded weight of a single vehicle.
Gross combination weight rating (GCWR) means the weiebt specified by the
manufacturer as the loaded weight of a combination or articulated vehicle. In the absence
of a weight specified by the manufacturer. GCWR shall be determined by adding the
GVWR of the power unit and the total unladen weight of the towed units and any load
thereon.
Oversced vehicle shall be defined as any vehicle whether motorized or non-motorized
that exceeds twenty three feet (23') in leneth, or eiehty inches (80') in width or ninety-
six inches(96') in height regardless of its weieht. Any extension caused by any mirror,
load height or any accessory attached to such vehicle shall be considered part of the
measured distance.
Notwithstanding the leneth.width-and beight requirements for an oversized vehicle. the
following vehicles sball also be considered oversized vehicles subject to the prohibitions
contained in this section:
I. Buses as defined in the California Vehicle Code:
2. bailer coaches as defined in the California Vehicle Code: and
Park means the standing of a vehicle. whether occupied or not otherwise than
temporarily for the purpose of and while actually engaged is loading or unloading
merchandise or nasseneers.
Recreational vehicle shall be defined as a motor home, slide-in camper. travel trailer.
truck camper. or camping trailer. with or without motor power, designed for human
habitation for recreational purposes or ememency occupancy. Recreational vehicle shall
also include:
I. Camping trailer. A vehicular portable unit mounted on wheels and constructed
with collapsible partial sidewalls which fold for towing by another vehicle and unfold at .
OWMHTORRES\5567!
the campsite and designed for human habitation for recreational or emergency
occupancy:
Moror home A vehicular unit built on or permanently attached to a self-propelled
motor vehicle chassis chassis cab or vanwhich becomes an integral part of the
completed vehicle designed for human habitation for recreational or emergency
Occupancy:
3 Slide-in camper. A portable unit,consisting of a roof.floor and sides,designed to
be. loaded onto and unloaded from the bed - a vickup truck and designed for human
habitation for recreational or emereencv occupancy and shall include a track camper.
4 Travel trailer. A portable unit, mounted on wheels. of such a size and weight as
not to require special highway movement permits when drawn by a motor vehicle and for
human habitation for recreational or emergency occupancy or travel trailers camping 0ff-
hiehway vehicles.
5 Off•High m vehicles Vehicles that are subiect to the provisions of Califomia
Vehicle Code Section 38010(a) that include but are not limited to(a)any motorcycle or
motor-driven cycle except for any motorcycle which is eligible for a special
transportation identification device issued pursuant to Vehicle Code. Section 38088: (b)
any snomnobile or other vehicle designed to travel over snow or ice, as defined in
Vehicle Code Section 557- and (c) any motor vehicle commonly referred to as a sand
buggy dune buggy or all terrain vehicle.
Ri ht ofr+m means a corridor or strip of land. either public or private on which a riebt
of passage has been recorded and over which are built roadways.curbs and park-ways
Semitrailer means a vehicle designed for canine persons or property used in
conianction witb a motor vehicle and so constructed that some part of its weight and that
of its load rests upon or is carried by.another vehicle..
Trailer means a vehicle designed for carnine persons or property op its own structure
and for being drawn by a vehicle "Trailer" includes a semitrailer when used in
coniunction with an auxiliary dolly if the auxiliary dolly is of a "e constructed to
replace the function of the drawbar and the front axle or axles of a trailer.
Track tractor means a motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a pari of the weight of the
vehicle and the load so drawn. As used in this section. "load" does not include items
carried on the truck tractor in conjunction witb the operation of the vehicle if the load
cam inz space for these items does not exceed thirty-four(34)square feet .
Unladen weight means the weight of a vehicle equipped and ready for operation on the
road including the body fenders oil in motor radiator full of water.with five gallons of
asoline or equivalent weight of other motor fuel, also equipment required by law. and
OPAF]GE\MTOAA�S\i66r� 3
unless exempted under California Vehicle Code Section 661.any special cabinets.boxes
or bodv parts permanentiy attached to the vehicle. and any machinery. equipment or
attachment whicb is attendant to the efficient operation of the body or vehicle.
Vehicle means a device by whicb any person or property may be propelled- moved-
drawn
oveddrawn upon a higbway excepting a device moved exclusively by human power or used
exclusively upon stationary rails or tracks.
B Application These regulations shall apply only in Neighborbood districts and
sub-districts as defined in this Article.
C Regulations The following regulations shall apply to the*narkina and/or storaee
of commercial,oversized and recreational vehicles:
1 No commercial vehicle trailer truck tractor or oversized vehicle may be
Parked on private property except
a While loadine or unloading goods or materials when delivered to the
property:and/or
b When the vehicle is parked in connection with providing services to or on
the prooeriv.
I Recreational vehicles may be parked and/or stored on private property,
subject to the following:
a A maximum of ooe recreational vehicle may be narked and/or stored in a
front vard setback or a residential driveway provided that all of the following are met
(1) The entire recreational vehicle fits over an paved surface:(2)The recreational vehicle
is parked and/or stored behind a public sidewalk wbere applicable: (3) The recreational
vehicle is parked and/or stored behind the property line and does not encroacb into a ,
public Parkway containing a sidewalla and (4) Where there is no sidewalk the
recreational vehicle is parked at least eigbt feet (8') from the face of the curb. or eight
feet(81 from the beginning of the paved street.
b Notwithstanding limitations on paved surfaces in front Yard. — Fuonatted:Bullet:and Numbering
setbacks a paved surface used for the lawful parking and/or storage of a recreational
vehicle shall combined with existing lawful driveways shall generally not exceed forty _
percent(40%) of the total width of the front yard setback Installation of more than one
driveway or combined driveways may be permitted subject to the submittal and approval
of a temporary use permit and shall be in accordance with Section 88.36.100. Driveway
locations and ultimate widths shall be established as part of the temporary use permit.
C. Recreational vehicles may be parked and/or stored on side yards, as lone-. formatted:Tabs: 1',List tab+
as the entire recreational vehicle is parked and/or stored on a paved surface and there is a Nat at 1.5°
clearance of not less than three feet (3') from the residential structure over the entire Formatted:Bullets arttl NumAe+ing
leneth of the recreational vehicle.
OM4C-\NTDRaa5\45671.:
d Recreational vehicles may be narked and/or stored on rear yards. as Ione
as the entire recreational vehicle is parked and/or stored on a paved surface and there is a
clearance of not less than three feet(3')from all parts of the residential structure.
e Recreational Vehicles parked or stored in front vard driveways must be
parked perpendicular to the front vard property line and where possible facing forward
for safer egress into the public right-of-way.
f Recreational vehicles parked and/or stored in a Gone vard drivewav must
be reeistered and operational Recreational vehicles sball be maintained clean and in
repair and shall not leak any fluids(oil coolant. etc.). No person shall dump or dispose
of any recreational vebicle waste except in certified waste disposal canisters.
e Recreational vehicles that are stored on property maybe protected with an
appropriate cover. An appropriate cover shall be a snap-up cover or snug zip-up cover
made of canvas polvester vinyl or other weather resistant material, customized to fit
over the recreational vehicle No recreational vehicle shall be narked or stored anywhere
on the property under a temporary accessory structure (i.e.. canopy,tent taro. or similar _
structure).
h Recreational vehicles may be temporarily connected to an electrical outlet
only while narked within the private property for a period not to exceed seventv-two(72)
hours and for the sole pMose of loading and unloading the recreational vehicle and
getting it ready for a trio.
Section 88.38.035(B)
"B. Temporary signs.The following temporary signs are allowed subject t_�the _ , �
Deleted: IVA.W.mp RL
approval of a temporary sign permit from the Economic and Community Development
Department Plannine Division.of the City of Azusa."_ oeteted:q
Section 88.035(B)(3)
3 On-site human directional and advertising signs. On-site human directional
and advertising signs shall be permitted on the same property as the sign directs or
advertises Sucb signs shall not be carried in a manner that creates a safety hazard to
patrons of the property unon which such sign is carried.
Section 88.38.035(D)(7
7 On-site human directional signs Provided that such situs shall not be carried in
a manner that creates a safety hazard to patrons of the property i on which such sign is
carried.
Section 88.38.040(G)(1)
ORAIiGE\HTORR=S\<56]] ±
I, off-site human directional and advertising signs. — Formatted:Bullets and Numbering .
Section 88.38.070(F)
.�Deleted:7emp°rvy sips uc mowed
F. Temporary signs. The following temporary siws are allowed subject to the
approval of a temporary sign permit from the Planning Division All temporary signs
shall be maintained in QoDd repair and ymnerly secured so as not to create a public safety
hazard.
Section 88.38.070(&x(7)
Formatted:Font Bald
7. Additional temporary sign standards and guidelines._ _ _ _ _ _ — _
a. Temporary signs shall not be placed over public property or public rights-
of—way.
b Temporary signs shall not interfere with the operation of doors or windows.
c Temporary situs shall not be posted on public facilities(i.e..utility Doles light
standards.sign posts.trees,etc.)
d. Suspended temporary signs shall be at least eioht feet (8' 0") above walking
surfaces and sixteen feet 0 6'1 minimum above driving surfaces.
e Temporary wall or suspended signs shall not exceed ten percent (10%) the
total square footage of the surface of the front building facade and may be mounted on
an),building wall surface.
f Temporary window signs sball not exceed the maximum twenty percent (20%
coverage of the total window area.including any permanent window signs.
Section 88.42.020(E)
E. Tents and portable shelter structures. The use of tents and other temporary and
portable shelter structures nay be allowed in residential districts in rear vard areas not Deleted:shObs.A..diaib.NO
visible from the street or public right-of-way. `°""°"b wimin"r=ar port.
Section 88.70.020(Beneath the definition of"Sign'x
6.Bench Sign.Copy painted on a portion of a bench
6a. Business or commercial entity. A business or commercial endeavor that
engages in activities as a means of livelihood or Profit,or an entity which engages in such
activities.
0RA4GE\aTOR.RES\45677 1
10. Directory Sign. A sign for listing the tenants and their suite numbers of a multiple
tenant structure or center.
10a Display of goods. The exhibition of obiects or merchandise for public
view.
21. Non-conforming sign. An advertising structure or sign which was lawfully enacted
and maintained prior to the adoption of this Development Code, but does not now
completely comply with current regulations.
21a On-site human directional and advertising sign.A temporary sien that is
held. carried or supported by a person while on the same property as the sign directs
or advertises but does not include a sign or words or pictures featured on an
article of clothing worn by said person.
22. Off-Site Directional Sign. A sign identifying a publicly owned facility, emergency
facility,or a temporary subdivision sign,but excluding real estate signs.
22a Off-site human directional and advertising sign. A temporary sien that is
held carried_ or supported by a person while on a property that is different than the sign
directs or advertises or on public right-of-ways or streets, but does not include a sign or
words or pictures featured on an article of clothing worn by said person.
28.Projecting Sign. A sign other than a wall sign suspending from, or supported by, a
structure and projecting outward.
Formatted:Font:Boltl
�8a Public right-of-way. The area in upon, above. beneath. or across any
public street road lane court alley boulevard. sidewalk pathway. park once snace.
landscape lot drainage facility easement or other public place or property within the
City.as it now or hereafter exists.
ORNdMMTORP.iS\9567'!.1
Redline Version of Amended Development Code Sections
Section 88.30.060(D)(3)
"Vehicle parldng and storage. No required parking space shall be located within a
required setback, except as provided by Section 98336.090-A (Location of Parking),sd Deleted:.No ham or side ma
88.36.130 (Commercial Oversized and Recreational Vehicles on Private Prmerty). The voldevaned:duabanscd tludeliapo boar
wbok,rcal)bo u l for pto(RY),baoi.
fol lowin a requirements shall also apply: or ohm v.hidos,.,I wm o0 opmabk
ootomobac or.:I r..,t. P.6g,
or lem in mpular um,nmy he ponc�d
w hiv o povcd ddvcxay.
a. All vehicles parked within the front Yard setback of a residential lot shall be
parked only on a driveway leading to a garage or carportand shall be parked on a paved
surface The maximum allowable area that can be paved in the front yard setback or
street side vard setback area is thirty-five percent(35%) of the total width of the setback
area-
b.
reab Parking of any vehicles on unpaved surfaces. concrete tiles or blocks. or
grasscrete blocks concrete tiles or similar surfaces is prohibited. Driveways must be
fully paved.
C. The parking or storage of inoperable vehicles in the front yard of a residential lot
is prohibited ]noperable vehicles may be narked or stored in the side or rear yards of a
residential lot on a paved area or in a earaae. provided the vehicle is screened Mth
approved and appropriate fencing from public view.
d The parking of any vehicle on any vacant unpaved lot is prohibited
e Vehicles parked on driveways in the front yard setback or street side yard setback
shall not encroach into a parkwav containing a sidewalk or in cases where there is no
sidewalk. at least eight feet(8' 0") from the edee of the curb and in the absence of a curb
at least eight feet(8' 0")from the edge of the paved road.
f Vehicle repairs shall not be nerformed in front vard setbacks except in case of an
emergency. No lone term reDahs or car dismantling shall be allowed in front yard
setbacks. An emereencv is considered as the car being unable to start such as a battery
iump or chaneing a flat tire. Lone term repairs are considered those taking more than a
twelve 02)hour consecutive period."
Deleted:Rmmodonol vchide and
Section 88.36.030(E) imvel vmlm Uomac.No rc=miorml
vJucic,as it,wm u dcfivcd in AniJC 6
(Glossoq•).or m d b.Rac slug b.nmcd
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (pat mb.rk hours ormorn)worhoo
_ _ _ _ _ _ @antsmbock arta in avY vci�Lahood
Section 8836.130 aoac cnoblisbed by And.z No
mcoriavd vclricle or tma cd trmlcr sholl
lx 9orcd widd.any Dis°in ori
Commercial.Oversized and Recreational Vehicles on Private Properly. Corridor.Qamt wnrrzomhar;:rd by
Tcmparory Usc Pmmit opprmnL or k on
appn.v vcbkk sr.,11.aW.y.t
A. Definitions. Formatted:Bullets and Numbering
OR9nGE\11TORAES\95677 1
The following words terms and phrases. when used in this chapter. sball have the
meanines ascribed to them in this section, except where the context clearly indicates a
different meanine:
Commercial vehicle means a motor vehicle of a type required t6 be registered under the
California Vehicle Code, or maintained for the transoortation of persons for hire.
compensation or profit or designed. used or maintained primarily for the transportation
of property.
Curb means an edging (as of concrete)built alone a street to form part of the gutter and
edge of the street.
Gross vehicle weight ranine(GV WR)means the weight specified by the manufacturer as
the loaded weight of a sinele vehicle. .
Gross combination weight rating (GCWR) means the weight specified by the
manufacturer as the loaded weight of a combination or articulated vehicle In the absence
of a weieht specified by the manufacturer. GCWR shall be determined by adding the
GV WR of the power unit and the total unladen weieht of the towed units and any load
thereon.
Oversi=ed vehicle shall be defined as anv vehicle whether motorized or non-motorized
that exceeds twenty three feet (23')in length or eighty inches (80") in width or ninety-
six inches(96') in beieht regardless of its weight. Any extension caused by Any mirror,
load beieht or any accessory attached to such vehicle shall be considered part of the _
measured distance.
Notwithstanding the leneth.width. and height requirements for an oversized vehicle. the
following vehicles shall also be considered oversized vehicles subiect to the prohibitions
contained in this section:
I. Buses as defined in the California Vehicle Code:
7. Trailer coaches as defined in the California Vehicle Code:and
Park means the standine of a vehicle, whether occupied or not otherwise than
temporarily for the purpose of and while actually engaged in. loading or unloading
merchandise or passengers.
Recreational vehicle shall be defined as a motor home slide-ip camper. travel trailer.
truck camper or camping trailer with or without motor power, designed for human
habitation for recreational proposes or emergency occupancy. Recreational vehicle shall
also include:
] Camping trailer. A vehicular portable unit mounted on wheels and constructed
with collapsible partial sidewalls which fold for towine by another vehicle and unfold at
pRPNGE\HTORRES\9560].]
the campsite and desiened for human habimtion for recreational or emereencv
occupancy:
2 Motor home.A vehicular unit built on or permanently attached to a self-propelled
.motor vehicle chassis, chassis cab or van. which becomes an integral part of the
completed vehicle, desiened for human habitation for recreational or emereencv
occupancy: -
3. Slide-in camper.A portable unit consisting of a roof.floor and sides.designed to
be loaded onto and unloaded from the bed of a pickup truck and designed for human
habitation for recreational or emereencv occupancy and shall include a truck campef.
4. Travel trailer. A portable unit mounted on wheels, of such a size and weight as
not to require special highway movement permits when drawn by a motor vehicle and for
human habitation for recreational or emereencv occupancy or travel trailers carrying off-
hiehway vehicles.
5. Off-Hiehmav vehicles. Vehicles that are subiect to the provisions of Califomia
Vehicle Code. Section 38010(a),that include,but are not limited to(a)any motorcycle or
motor-driven cycle, except for any motorcycle which is eligible for a special
transportation identification device issued pursuant to Vehicle Code. Section 38088: (b)
any snowmobile or other vehicle designed to travel oversnowor ice, as defined in
Vehicle Code. Section 557: and (c) any motor vehicle commonly referred to as a sand
buggy,dune bue_w,or all terrain vehicle.
Ric/7t-of.vm,means a corridor or strip of land.either public or private. on which a riebt
of passage bas been recorded and over which are built roadways,curbs and parkways
Semitrailer means a vehicle designed for carrying persons or property. used in -
coniunction with a motor vehicle.and so constructed that some part of its weight and that
Df its load rests upon,or is carried by.another vehicle.
Trailer means a vehicle designed for carrying persons or property on its ottm structure
and for beine dravm by a vehicle. "Trailer" includes a semitrailer when used in
conjunction with an auxiliary dolly. if the auxiliary dolly is of a type constructed to
replace the function of the drawbar and the front We or axles of a trailer.
Truck tractor means a motor vehicle designed and used primarily for drawing other
vehicles and not so constmeted as to carry a load. other than a part of the weieht of the
vehicle and the load so drawm. As used in this section "load" does not include items
carried on the truck tractor in coniunetion with the operation of the vehicle if the load
camping space for these items does not exceed thirty-four(34)square feet
Unladen weieht means the weight of a vehicle equipped and ready for operation on the
road including the body, fenders,oil in motor, radiator full of water.witb five eallons of
gasoline or equivalent weieht of other motor fuel: also equipment required by law. and
OP,gIaGE\blr0?.RES\4561].]
unless exempted under California Vehicle Code Section 661, any special cabinets,boxes
or bodv parts permanently attached to the vehicle. and any machinery. equipment or
attachment whicb is attendant to the efficient operation of the body or vehicle.
Vehicle means a device by whicb any person or property may be propelled. moved-
drawn
oveddrawn upon a hiehway, exceptine a device moved exclusively by human power or used
exclusively upon stationary rails or tracks.
B. Application. These regulations shall apply only in Neiabborhood districts and
sub-districts as defined in this Article.
C. Regulations. the following reeulations shall apply to the parking and/or storage
of commercial. oversized and recreational vehicles:
1. No commercial vehicle, trailer,truck tractor or oversized vehicle may be
parked on private property,except:
a. while loading or unloading goods or materials when delivered to the
Droperty:and/or
b. when the vehicle is parked in connection with providing services to or on
the property.
2. Recreational vehicles may be parked and/or stored on private property.
subject to the followine: -
a. A maximum of one recreational vehicle may be parked and/or stored in a
front vard setback or a residential driveway. provided that all of the following are met:
(1) The entire recreational vehicle fits over an paved surface: (2)The recreational vehicle
is parked and/or stored behind a public sidewalk where applicable:(3) The recreational
vehicle is narked and/or stored behind the property line and does not encroach into a
publicyarkway containing a sidewalk: and (4) Where there is no sidewalk the
recreational vehicle is parked at least eight feet (81 from the face of the curb. or eiebt
feet(81)from the beginning of the paved street.
b. Notwithstanding limitations on paved surfaces in front vard• — Formatted:Bullets and Numbedng
setbacks. a paved surface used for the lawful parkine and/or storage of a recreational
vehicle shall combined with existing lawful driveways sball generally not exceed forty
percent(40%) of the total width of the front yard setback. Installation of more than one
driveway or combined driveways may be permitted subject to the submittal and approval
of a temporary use permit and shall be in accordance witb Section 88.36.100. Driveway
locations and ultimate widths sball be established as part of the temporary use permit.
C. Recreational vehicles may be parked and/or stored on side vwds. as lone-. Furmatted:Tabs: r,ust tab+
as the entire recreational vehicle is parked and/or stored on a paved surface and there is a Not at 1.5^
clearance of not less than three feet (3') from the residential structure over the entire Formatted:Bullets and Numbedng
length of the recreational vehicle.
OPANGE\GTDdaES\<$67.3
d Recreational vehicles may be narked and/or stored on rear yards. as lona
as the entire recreational vehicle is parked and/or stored on a paved surface and there is a
clearance of not less than three feet(3')from all parts of the residential structure.
e. Recreational Vehicles parked or stored in front yard driveways must be
parked perpendicular to the front vard property line and where possible facing fomard
for safer egress into the public right-of-way.
f. -Recreational vehicles parked and/or stored in a front.yard driveway must
be registered and operational. Recreational vehicles shall be maintained clean and in
repair and sball not leak any fluids(oil. coolant etc.). No person shall dump or dispose
of any recreational vehicle waste except in certified waste disposal canisters.
e Recreational vebicles that are stored on property may be protected with an
appropriate cover. An aporopriate cover shall be a snap-up cover or snue zip-up cover
made of canvas. polvester. vinyl or other weather resistant material. customized to fit
over the recreational vehicle. No recreational vehicle shall be narked or stored anywhere
on the property under a temporary accessory structure(i.e., mnoov,tent taro, or similar
structure).
h. Recreational vehicles may be temporarily connected to an electrical outlet
only while parked within the private oroverty for a period not to exceed seventv-two (72}
hours and for the sole purpose of loading and unloading the recreational vehicle and
petting it readv for a trio.
Section 88.38.035(B)
`B. Temporary signs.The following temporary sips are allowed subject to the _ Deleted: .idom e6p,,.k
approval of a temporary sign permit from the Economic and Community Develooment
Department Planning Division.of the City of Azusa- _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted:i J
Section 88..035(E)(3)
3. On-site human directional and advertising signs. On-site human directional
and advertising signs shall be permitted on the same promriv as the sign directs or
advertises. Such signs shall not be tamed in a manner that creates a safety hazard to
patrons of the property upon which sucb sign is carried.
Section 88.38.035(D)(7)
7. On-site human directional signs.Provided that such signs shall not be carried in
a manner that creates a safety hazard to patrons of the property upon which such sign is
carried.
Section 88.38.040(6)(1)
OPAN6E\N.rOP.RES\GS6�1.1
1. Off-site human directional and advertisine siens. - — Formatted:Bullets and Numbennq
Section 88.38:0700 -�
.{Deleted:Temporvey cipis vrc ollowcd
F. Temporary signs. the_following temporary signs are allowed subi ect to the l° Jen mdm follmving
aonroval of a temporary sign permit from the Plannine Division. All temporary signs
shall be maintained in good repair and properly secured so as not to create a public safetv
hazard.
Section 88.38.070(F)(7)
Formatted:Font Bold
7. Additional temporary sign standards and Guidelines._
a. Temporary signs shall not be placed over public property or public rights-of-
way.
b.Temporary signs shall not interfere with the operation of doors or windows.
c. Temnorary signs shall not be posted on public facilities(i.e..utility Doles. light
standards.sign posts,trees.etc.)
d. Suspended temporary signs shall be at least eight feet (S' 0") above walking
surfaces and sixteen feet(161 minimum above drivine surfaces.
e.Temporary wall or suspended signs shall not exceed ten percent (10%) the
total square footage of the surface of the front building facade and may be mounted on
any buildine wall surface.
f.Temporary window liens shall not exceed the maximum twenty percent (20%)
coveraee of the total window area.including any permanent window signs.
Section 88.42.020(E)
E. Tents and portable shelter structures. The use of tents and other temporary and
portable shelter structures MU be allowed in residential districts in rear yard areas not Deleted:sLna be ativi cd in the NG
visible from the street or public rieht-of-way. renes onlr�+d>in n.,.d.
Section 88.70.020(Beneath the definition of"Sign")
6.Bench Sign,Copy painted on a portion of a bench.
6a. Business or commercial entity. A business or commercial endeavor that
engages in activities as a means of livelihood or profit or an entity which engages in such
activities.
OrJa1OE\NTORRESU SM-3
y
10. Directory Sign. A sign for listing the tenants and their suite numbers of a multiple
tenant structure or center.
10a. Display of goods. The exhibition of obiects or merchandise for public
view.
21. Non-conforming sign. An advertising structure or sign which was lawfully enacted
and maintained prior to the adoption of this Development Code, but does not now
completely comply witb current regulations. _
21a.'On-site human directional and advertising sign,A temporary sig that is
held. carried. or supported by aperson while on the same property as the sign directs
or advertises, but does not include a sig or words or pictures featured on an
article of clothing worn by said person.
22. Off-Site Directional Sign. A sign identifying a publicly owned facility, emergency
facility,or a temporary subdivision sign,but excluding real estate signs.
22a.Off-site human directional and advertising sign. A temporary sig that is
held carried or supported by a person while on a property that is different than the sig
directs or advertises or on public richt-of-ways or streets,but does not include a sig or
words or pictures featured on an article of clothing worn by said person.
28. Projecting Sign. A sign other than a wall sign suspending from, or supported by, a
structure and projecting outward
Formatted:Font bold
28a. Public right-of--way. The area in. gpon. above beneath. or across ani '-
public street road.lane.court.alley. boulevard sidewalk, pathway. park open space,
landscape lot drainaee facility. easement or other public place or oronerty within the
City,as it now or hereafter exists.
ORPAGE\NroP.REG\S 56]) ]
i
5
EXCERPTS FROM THE DEVELOPMENT CODE SUBJECT TO CHA14GES
To: Planning Commissioners and Public
From:Jorge V Rosales, Planning Commissioner and ACCFCC Chairman
SECTION 1.88.30.060 - Setback Requirements and Exceptions
A Purpose Tni<_ Secann provides standards for the loml!on.required size and allowable uses of setbac s Setback standard;provide open
areas around structures for. visibility and tralfic safety,access to and around structures.access to natural lioht. vanlifalion and direct
srr!ighi Separation between poleniially con4icling acfivilies:and space for privacy,landscaping and roc;eahon
D. Limitations on the use of setbacks The use or occupancy of a required setback shall comply vnlh the following standards
3 Vehicle parking and storage.No required parking space shall be located vrilhin a required setba:li,except as provided by
Sechun 88 lit 090 P.(Location of Parking) No front or side sireel setback shall be used for parking a motor vehicle, recreational vehicle_
tRVi boa: or other vi:h;cle<_ enepl that an operable automobile or buck,of one-loon capacity or less,in regular use,may be par lied vrilhin a
Paved drove,:;ay
SECTION 2;.88.36..030• General Parking Regulations
E Recreational vehicle and travel trailer storage.No rec,sawnal vehicle,as the term is defined in Article 6(G!ossary).or trave!trailer
shail Its stared±parked for 23 hours or more)nilhin a fronl setback area in any neighborhood zone established by Article 2 No recreational
vaGiple or travel trailer si,all he storedwithin any District or Corridor except where authorized by Temporary Use Permit approval or in an
approved iehiao storage facility
SECTION 3.88.36.130- Commercial Vehicles on Private Property
The tBIIuPA,,g siaildards apply to commercial vehicles rmch for the purposes of this Section are: single vehicles or a combination of
oeirirles .pili more than Icro arks single vehi les or a combination of vehicles 20 feel or more in length:or single vehicles or a combination
of•aah�cks xilh a rnarraLciurer s gross vehicle wefnhl rating cf GOOD pounds ithree Ions)or more
A Parking limit in residential zoning districts.No commercial vehicle shall be parked for more than lixee hours op privale prupeny in ary
pant:rl a neighborhood other Than a neighborhood cem=_r.except:
I V;veil•::loading o;unloading goads or materials and the time required to complete Lie:work=exceeds the Ihrce-hour period;or
2 i'dh!an the•: hicl- Is padeed in ccnnen§on vaih and in aid of providing a service 1e or on s properly In the blo&in which ire vehida is
pa7ked and Ione in addition to the three-hour period is necessary to complete the service
B. Parking limits in neighborhood centers,corridors and districts. A commercial Mflcle,andlo;r,.oniraclurs equipment (for example,
Chippers ronsreie pumpers.etc i and other simiia; mobile equipment may be parked on aivate properly only„hen the vehi-I�;s in
minneC ori vith and is armed or leased by an approved business in a neignborhood center.a carr idur or district or v.han the vehicle is
Icadinn or unlnadino goods in connection,v4th a business and is partied for 43 hours or less
SECTION 4. 8338 035 • Exemptions from Sign Permit Requirements
B.Temporary signs 'he tpllot'rinn temporary signs are allcr.ed v:ithout a sign permit
SECTION S. SECTION 88..38.035-B.3 IS ENTIRELY NEW
SECTION G.SECTION 88.38.035-D.7 IS ENTIRELY NEW
SECTION 7. 88.38.070 -Standards for Specific Sign Types
Proposed signs shat'Conwly m:ith!he following standards applicable to the specific sign type. Each Sion type listed in this Jlction shah be
included in 1•:e calculation of rhe total sign area allowed on a parcel by Section 88 38.090(Sign Standards by Area)-unless This Saution
explutly provides olheNJS, Each sign shall also comply with the sign area, height,and other requirameots of Section 88 38 060and at'
rAh>r�,npiie:able pi ueisions ol'1iis Chapter
F.Temporsry signs.Temporary signs are alloyed sulejac,to the following requirements
SECTION S. SECTION 88.38.0704.7 IS ENTIRELY NEW
SECTION 9. 88.42.020- Accessory Structures
Whr-te allowed by Article 2(Urban Standards).accessory structures shall comply with the regulations of this Section Telecommunications
facilities are inslead subject to[tie requirements of Chapter 88 48(Telecommunications Facilities)
E Tents and portable shelter structures-T lw use of lanls and other temporary and portable shelter structures shall be allowed in the 14G
zones only wiliun a rear yard
SECTION 10. Chapter 88.70 • Definitions
S Definitions,"S"
Si,,-A str:iclurs device Figure display message placard Or other conirivance,or any part Gneteol situated outdoors or indoorswhich is
dcsigneu,conslmcted :mended,or used to advertise.or to provide Infoimalion in the nature of adverflsing, to direct or atlraci allafltion to as
obecl, person insu!ution. businoss. product. service event or location by any means. including words letters. figures,designs. symbols.
fu:tutes a5krrs illun'rinalion.of piciected images Does not include murals paintings and other arorks of art that are not ir�landea to advei ise
ur identify any business or product Types of signs include the iollmJng
G Hench Sion.Cony pamlad on a portion of a bench
7 Cabinet Sign (Can Sign) A.sign with its ext and!or logo symbols and artwork on a translacent face panel that is mo�nled within a
malal'Tame or cabinet Ilia!conl2Nts the lighting',00xes which illuminate the sign lace from behind
11 Directory Sign A Sign for listing Ilia hminis and thou suite numbers of a multiple tenant s1ruchue or center
11 Double Faced Sign A sign constructed to display its message on the outer surfaces of twee identical andior opposite palaliel j
planes
21. WDricontorming Sign. A.n eivcrosing structure or sign crliell was lay':ally erected and maintained prior to the adoption of!his
Developmanl Code but does not now complelely comply wrei current regulations
22 Off-Site Directional Sign. A sign rder!ifying a eii0idy owned facility emergency facility or a lemooraw subdrhsion Sion Pmt
+:iWdmg real eslele signs
22 Off-Site Sign A.Sign identifying a use,fadhfyemcee.or product that is not located.soldor manufactured on iha same premise is
the sign or that rdemcres a use, service,or product by a brand name which,although sold or manufactured on the premise is not
a principal Hem for sale or manufactured or.the premise
28 Projecting Sign.A.sign other than a wail sign suspending front.or supported iv.a slructu:e and prpjecling outward
29 Real Estate Sign.A sign indicating that a property or any portion thereof is available for inspection. sale,lease,rent.or dire ling
puoo!e to a property.but not tncludng temporary subdivision signs
r
i
AGENDA ITEM
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES
VIA: F. M. DELACH, CITY MANAGERfiyJ
DATE: JUNE 2, 2008
SUBJECT: RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION TO
RENOVATE THE FORMER NATIONAL GUARD ARMORY SITE ASA MULTI-USE
FACILITY UNDER THE ADMINISTRATION OF THE CITY OF AZUSA
RECREATION AND FAMILY SERVICES DEPARTMENT
RECOMMENDATION:
It is the recommendation of the Parks and Recreation Commission to the City Council
that the former National Guard Armory at 340 N. Orange Place be renovated as a multi-
use facility under the administration of the City of Azusa Recreation and Family Services
Department.
BACKGROUND:
The City of Azusa currently has a lease agreement with the State for use of the Armory..
The one year lease began on January 27, 2007 and was extended for six months through
June 27, 2008. It is strongly anticipated that the City will enter into a five year lease
when the current lease expires at the end of the month. Negotiations have continued
with the State to insure that the property is leased to the. City at no cost, citing the
existing relationship between the two entities as well as credit for past, current and future
improvements to the facility and surrounding property.
At the direction of the City Council, a community meeting was held at the site on March
8, 2008 in an effort to solicit community input as to what they would like to see in the
Armory. A diverse group of (75) people attended the meeting and offered their
suggestions. It was clear after the 90-minute meeting that a multi-use facility not unlike
the sister facility to the south (Memorial Park Recreation Center/Gymnasium) would be
best suited to cater to the growing community's needs.
AGENDA ITEM (6/6/08 - ARMORY) PAGE
TWO
The Parks and Recreation Commission strongly feels that such a facility should be
administered through the Recreation and Family Services Department. The facility would
then cater to many interests and activities as the Memorial Park Recreation Center has
done successfully for more than fifty years. These activities would include, but would not
be limited to, open gymnasium play, facility rentals, teen activities, fee and charge classes
and activities, after school tutoring, structured youth and adult sport play and special
events. The Commission recommends that there be no permanent tenancy and that
applications are to be filed annually. This too would be consistent with that of the sister
operation at Memorial Park. There would be no monopolies at this City facility thus
insuring that the community advocacy for multi-use is reflected in the programming of
the facility. Again, the same philosophy has been implemented at the Memorial Park
Recreation Center and most recently, the Azusa Senior Center. It is recommended that
the new jewel of the City, the former National Guard Armory, mirror those philosophies
and successes.
FISCAL IMPACT:
The budget for the renovation of the Armory is $200,000 for construction and
$50,000/year for maintenance and operation. This is a carry-over project from the 2007-
2008 CIP Budget and includes a $150,000 grant secured by U.S. Congresswoman Hilda
Solis. Together these funds are held in account #49-80-000-000-7120/41008A
specifically for that purpose.
08-046
t
rt
.rr
COUNCIL REPORT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ALAN KREIMEIER, ADMINISTRATIVE SERVICES DIRECTOR-CFO
VIA: F. M. DELACH, CITY MANAGER W
DATE: JUNE 2, 2008 /r.
SUBJECT: RESOLUTION APPROVING ISSUANCE OF PENSION OBLIGATION BONDS
RECOMMENDATION
Staff recommends that the City Council approve the attached resolution and
preliminary Bond Indenture (Attached), and direct staff to initiate the validation
process in order to move forward with the issuance of Pension Obligation Bonds
(POB).
BACKGROUND
The City as an opportunity to refinance its existing public safety unfunded pension
liability by issuing taxable bonds which could provide substantial savings to the City.
Based on current interest rates, we estimate the City could generate $600,000 of
savings over a 10 year period by refinancing its Safety Plan unfunded pension liability.
Projected Unfunded Pension Liability
The City has an unfunded pension liability Payments Made to caiPERS
outstanding with CalPERS, totaling t, �o 51,884313
$13,695,529. The Safety Plan unfunded
liability is $7,763,106 and is amortized
over 10 years while the Miscellaneous Plan 51,413.000
is $5,932,423; amortized over 30 years. 51,1 0AU
The City is paying off the Safety Plan aoAoo
unfunded liability at a fixed interest rate of 1MAw
7.75%. The annual payment made to 55MAU4 535],845
CalPERS is about $1 .4 million in FY 2009, vW,om
:1W.WU
escalating to over $1 .8 million in 2018. Annual payments for the Miscellaneous Plan
range from $200k to $600k between 2019 and 2038. The chart to the right shows
the estimated unfunded pension liability payments currently being made to CalPERS
annually.
Pension Obligation Bonds
Cities are allowed to issue "pension obligation bonds" (POB's) at interest rates lower
than those charged by CaIPERS. To produce savings, POB's are sold to bond
investors at interest rates that are lower than 7.75% charged by CalPERS. Based on
current rates, the City could issue POB's at an interest rate of about 5.87%. The chart
below outlines the mechanics of a POB.
Before a POB
Normal
,UAA <==fgl-
UAAL
Payment
After a POB
Normal Debt
Cast S Payment
• � =L=::> OS
Bond Proceeds Band
Pay Off UAAL Proceeds
Refinancing Savings
Assuming the City issues POBs for it Safety Plan unfunded liability only, the lower
interest rates would produce level annual savings of about $60,000 for 10 years to
the General Fund.
Financing Timeline
In order for the City to pursue a POB financing, the following steps would have to be
implemented.
June 2008 - Draft bond documents
- Council approves bond issuance and authorizes validation
proceedings
June -August - File legal validation with Superior Court
2008 - Receive default judgment hearing from judge
- 30-day appeal period
September - Draft bond prospectus
2008 - Council approves bond prospectus and POB sale
October 2008 POB closes; funds delivered to CAPERS
FISCAL IMPACT
Issuance of Pension Obligation Bonds for the City's unfunded actuarial Liability for its
safety retirement plan through PERS would save the City an estimated $60,000 per
year for the next 10 years
ATTACHMENTS:
Resolution Approving Issuance of Pension Obligation Bonds
Attchahment "A" Preliminary Bond Indenture
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
PROVIDING FOR THE ISSUANCE OF ONE OR MORE SERIES OF CITY OF
AZUSA TAXABLE PENSION OBLIGATION BONDS, AND APPROVING
THE FORMS OF AND AUTHORIZING THE EXECUTION AND DELIVERY
OF AN INDENTURE RELATING THERETO, AND AUTHORIZING A
VALIDATION ACTION AND AUTHORIZING CERTAIN OTHER ACTIONS
IN CONNECTION THEREWITH
WHEREAS, the City Council of the City of Azusa (the "City Council" and the "City",
respectively) adopted a retirement plan pursuant to the Public Employees' Retirement Law,
.commencing at Section 20000 of the Government Code of the State of California, as amended
(the "PERS Law");
WHEREAS, among other things, the PERS Law obligates the City (1) to amortize the
unfunded accrued actuarial liability to the California Public Employees' Retirement System
(including any successor system established by the State of California, (the "State Retirement
System"), with respect to pension benefits for its employees who are members thereof; and (2) to
make annual contributions to the State Retirement System to fund pension benefits for said
employees;
WHEREAS, the obligation of the City to pay-its unfunded accrued actuarial liability to
the State Retirement System and its normal annual contribution to the State Retirement System
for its police, fire and miscellaneous pension plans (collectively, the "PERS Obligation") is
evidenced by a contract between the City and the State Retirement System, dated as of December
20, 1948, as amended thereafter from time to time (collectively, the "PERS Contract");
WHEREAS, as of June 30, 2008, based upon the actuarial report of the State Retirement
System, the City will have an obligation of approximately $7,763,106 for public safety and
approximately $6,000,000 for miscellaneous pursuant to the PERS Law as an unfunded accrued
actuarial liability of the State Retirement System;
WHEREAS, the City currently has a normal annual contribution obligation of
approximately $819,179 for public safety and $1,182,907 for miscellaneous which annual
contribution does not include payments for the unfunded accrued actuarial liability obligation;
RVPUBUSBYRENS\749007.1 1
WHEREAS, the City desires to issue its taxable pension obligation bonds in one or more
series (the "Series 2008 Bonds") in an aggregate principal amount equal to the sum of(a) the
principal amount not to exceed the total amount of the PERS Obligation relating to the public
safety plan, (b) the costs of issuance of the Series 2008 Bonds (including underwriters' discount),
and (c) the original issue discount(if any) on the Series 2008 Bonds, for the purpose of refunding
the PERS Contract and thereby providing funds to the State Retirement System for investment;
WHEREAS, the City desires to authorize the issuance of additional pension obligation
bonds (the "Additional Bonds," and together with the Series 2008 Bonds, the "Bonds") for the
purpose of refunding any additional PERS Obligations, in the future from time to time;
WHEREAS, there has been presented to this meeting the form of an Indenture proposed
to be entered into by and between the City and Wells Fargo Bank,National Association, as trustee
(the "Trustee"), relating to the Bonds (the "Indenture");
WHEREAS, this Council desires to authorize and direct the execution of certain
documents and the issuance of the Bonds; and
WHEREAS, the City has full legal right, power and authority under the Constitution and
the laws of the State of California to enter into the transactions hereinafter authorized;
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are true and correct and this Council
hereby so finds and determines.
SECTION 2. Findings. The Council hereby finds and declares that the issuance of the
Bonds to refund the PERS Contract relating to the public safety plan and the other actions
contemplated hereby are in the best interests of the City and are expected, based on investment
and other assumptions, to result in significant savings to the taxpayers of the City.
SECTION 3. Issuance of Bonds. The Council hereby authorizes and approves the
issuance of the Series 2008 Bonds to refund the PERS Contract relating to the public safety plan
and the issuance of Additional Bonds from time to time to refund any additional PERS
Obligations, and the Council hereby authorizes and directs any of the Mayor, the Mayor Pro Tem
RVPU13\K13YRENS\749007.1 2
and the City Manager of the City (each, an "Authorized Officer") to execute the Series 2008
Bonds and the City Clerk of the City (the "City Clerk") to affix and attest the seal of the City
thereto and to cause the Series 2008 Bonds to be authenticated and delivered in accordance with
the Indenture; provided, that the aggregate principal amount of the Series 2008 Bonds (which in
no event shall exceed ten million dollars ($10,000,000) net of the original issue discount (if any)
on the Series 2008 Bonds) shall not exceed the sum of the unpaid principal amount of the PERS
Obligation, plus the underwriter's discount on the Series 2008 Bonds and plus the original issue
discount (if any) on the Series 2008 Bonds and plus the costs of issuance of the Series 2008
Bonds (including any bond insurance premiums and administrative cost related to the Series
2008 Bonds); and provided further, that the interest rate on the Series 2008 Bonds shall not
exceed six and one-half percent (6.50%) per annum; and provided further, that the Series 2008
Bonds shall mature not later than thirty (30) years from their date of issuance. The Series 2008
Bonds shall be in substantially the forms set forth in the Indenture, with such changes therein,
deletions therefrom and additions thereto as an Authorized Officer, or said officer's designee,
shall approve as provided herein, 'such approval to be conclusively evidenced by the execution
and delivery of the Series 2008 Bonds. Any Bonds may (as determined by an Authorized
Officer or said officer's designee), be issued as fixed rate bond, auction rate securities, variable
rate bonds, indexed notes, current interest bonds, deferred interest bonds, capital appreciation
bonds, convertible capital appreciation bonds, embedded cap bonds, equity participation bonds
or synthetic or hedged fixed rate bonds (or any combination of the foregoing) and may have
applicable call features, base rates, variable rate determination methods, index maturities,
spreads, spread multipliers, authorized denominations, payment date, applicable indexes and
other variable items related thereto and may use credit enhancement (including, but not limited
to, bond insurance, letters of credit and surety bonds). The City is obligated to satisfy its
obligations under the Bonds from any lawfully available funds of the City.
SECTION 4. The Indenture. The City is hereby authorized to enter into the Indenture
with the Trustee, and an Authorized Officer, or said officers, is hereby authorized and directed to
execute and deliver the Indenture on behalf of the City, which shall be in substantially the form
presented to this meeting, with such changes therein, deletions therefrom and additions thereto as
an Authorized Officer, or said officer's designee, shall approve (but consistent with the authority
granted to an Authorized Officer, or said officer's designee, in Section 3 hereof including, but
not limited to, additions necessary for the issuance of the types of bonds referred to in Section 3
RVPUB\KBYRENS\749007.1 3
hereof') in consultation with the City Attorney ("City Attorney") and Best Best & Krieger LLP,
Bond Counsel for the Bonds, and such approval shall be conclusively evidenced by the execution
and delivery of the Indenture. Pursuant to the terms of the Indenture, any Additional Bonds shall
be issued pursuant to supplemental indentures, subject to the limitations contained herein and in
the Indenture.
SECTION 5. Financing Participants. Urban Futures, Incorporated is hereby appointed
to act as financing advisor for the 2008 Bonds. Best Best & Krieger LLP is hereby appointed as
Bond Counsel for the 2008 Bonds. Chilton & Associates is hereby appointed underwriter for the
2008 Bonds subject to such limitations to be set forth in a bond purchase agreement which will
be approved by the City Council at a later date.
SECTION 6. Validation Action. The officers and agents of the City are, and each of them
hereby is, authorized and directed to do any and all things, including bringing, a validation action
under Section 860 of the California Code of Civil Procedure, and to execute and deliver any and
all documents which they or any of them deem necessary or advisable in order to consummate the
transactions contemplated by this resolution, the Indenture and the Series 2008 Bonds and
otherwise to carry out, give effect to and comply with the terms and intent of this resolution, and
all such actions heretofore taken by such officers are hereby ratified, confirmed and approved.
SECTION 7. Effective Date. This resolution shall take effect immediately upon its
passage.
PASSED, APPROVED AND ADOPTED this 2"a day of June, 2008.
Joseph Rocha, Mayor
APPROVED AS TO FORM:
Sonia Carvalho, City Attorney,BBK Law LLP
ATTEST:
Vera Mendoza, City Clerk
RVPU13VBYRENS\749007.1 4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the
foregoing Resolution No. was duly introduced and adopted at a regular meeting
of the Azusa City Council on this 2"d day of June, 2008,by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Vera Mendoza, City Clerk
RVPUBVBYRENS\749007.1 5
r±ytrt�ip�'�
L
AGENDA ITEM
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES MAKSHANOFF, ASSISTANT CITY MANAGER
f
VIA: F.M. DELACH, CITY MANAGER/EXECUTIVE DIRECTOR�/UU✓
DATE: JUNE 2, 2008
SUBJECT: ORDINANCE DESIGNATING VERY HIGH FIRE HAZARD
SEVERITY ZONES WITHIN THE CITY OF AZUSA
RECOMMENDATION
Introduce the proposed ordinance, read its complete title, and set the second reading for June 16,
2008.
BACKGROUND
Chapter 7A of the 2007 California Building Code contains specific fire prevention construction
requirements which apply to new buildings constructed within a Very-High Fire Hazard Severity
Zone (VHFHSZ). The application of this chapter was delayed until July 1, 2008 to allow the
State Department of Forestry and Fire Protection (CAL FIRE) to review and update the statewide
Fire Hazard Severity Zone mapping to better identify VHFHSZ's using recently advanced fire
hazard modeling techniques. The State has recently completed its review and has updated the fire
hazard mapping for areas in the State where local governments have responsibility for wildland
fire protection. These areas are referred to by the State as the Local Responsibility Area or LRA.
With the LRA mapping completed, each local jurisdiction must now adopt their respective Fire
Hazard Severity Maps. The target date for implementation of these maps is July 1, 2008. This
date correlates with the effective date of Chapter 7A of the 2007 California Building Code. Staff
is now presenting the City's Fire Hazard Severity Map, as approved by the Director of Forestry
and Fire Protection(CAL FIRE), to the City Council for formal adoption.
The authority to identify and map VHFHSZ's is found in Government Code Sections 51175-
51189 (attached). The purpose of this Government Code chapter is to "classify lands in
accordance with whether a very high fire hazard is present so that public officials are able to
identify measures that will retard the rate of fire spread, and reduce the potential intensity of
uncontrolled fires that threaten to destroy resources, life, property, and to require that those
measures be taken". Based on the modeling techniques employed by CAL FIRE, together with
local input from the L.A. County Fire Department, the updated map (attached) indicates the areas
within the City of Azusa designated as a VHFHSZ. The attached ordinance fulfills the City of
Azusa's requirement to adopt the updated Fire Hazard Severity Zone map which has been
prepared by CAL FIRE for the City. The updated map is needed to implement the new ignition
resistant building standards contained in Chapter 7A (attached) of the recently adopted building
code. These new standards will apply to any new buildings in VHFHSZ's for which an
application for a building permit is submitted after July 1, 2008. Some of the new ignition
resistant building standards include, but are not limited to:
• Tempered glass for all exterior windows
• Enclosed under-floor areas or ignition resistant materials for cantilevered projections
• Spark resistant attic and under-floor vent openings
• Roof gutters must have means to prevent accumulation of leaves and debris
• Eaves must be protected by ignition resistant or non-combustible construction
• Exterior wall coverings must be of ignition resistant or non-combustible construction
In addition, pursuant to Section 51182 of the Government code, properties located within a
VHFHSZ must maintain defensible space through specific fuel modification (brush clearing)
requirements. These fuel modification requirements are enforced by the L.A. County Fire
Department. Furthermore, in accordance with Section 51183.5 of the Government code, property
owners located within a VHFHSZ must disclose that their property is located within a VHFHSZ
at the time of sale or transfer.
FISCAL IMPACT
There is no additional fiscal impact to the City. .
ATTACHMENTS
Copy of proposed ordinance
Copy of City of Azusa VHFHSZ map
Copy of Government Code Sections 51175-51189
Copy of Chapter 7A of the 2007 California Building Code
MEMO
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: F.M. DELACH, CITY MANAGER,?Nr✓J
DATE: JUNE 2, 2008
SUBJECT: SUPPLEMENTAL INFORMATION REGARDING FIRE HAZARD
SEVERITY ZONES MAPS
The map titled "Very High Fire Hazard Severity Zones in LRA" is the map referenced in
the proposed ordinance. This is the map approved by the Director of Forestry and Fire
Protection (CAL FIRE). The Very High Fire Severity Zones indicated on this map must
be designated by the City pursuant to Section 51179 of the Government Code. In
addition to this map, you will find maps titled "INCORPORATED FHSZ". These maps
were developed by the County of Los Angeles Fire Department and incorporate two
additional fire zones; designated as "High Hazard" and "Moderate Hazard". We are
not required to designate these zones. The ordinance as written does not adopt the
County maps or the additional fire zones. The following factors were considered in
excluding these maps and zones from the ordinance:
• The ignition resistant standards of Chapter 7A of the 2007 California Building
Code would be applicable to all new construction within the "High" and
"Moderate" Fire Zones.
• The Los Angeles Couny Fire Code requires the installation of fire sprinklers and
the ignition resistant construction of Chapter 7A of the 2007 California Building
Code in all new buildings and additions ( exceeding 50% of the original floor
area) when located in any Fire Zone.
• A large portion of the Rosedale Development is located within the proposed
"High" and "Moderate" Fire Zones. The additional fire sprinkler and ignition
resistant standards would add substantial construction costs further hindering
the development.
ORDINANCE NO. 2008 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA DESIGNATING VERY HIGH
FIRE HAZARD SEVERITY ZONES AND WILDLAND
URBAN INTERFACE AREAS
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. DESIGNATION Of VERY HIGH FIRE HAZARD SEVERITY ZONES
Pursuant to California Government Code Section 51179 the City Council hereby
designates Very High Fire Hazard Severity Zones and Wildland Urban Interface Areas within the .
jurisdictional boundaries of the City of Azusa. The Very High Fire Hazard Severity Zones and
Wildland Urban Interface Areas designated by this ordinance are depicted in the attached map
entitled"Very High Fire Hazard Severity Zones in LRA."
SECTION 2. POSTING OF NOTICE
In accordance with California Government Code Section 51179(g) the City Clerk shall
cause a notice to be posted in the office of the county recorder, county assessor and county
planning agency designating the City Clerk's office as the location of the map entitled "Very
High Fire Hazard Severity Zones in LRA."
SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance, The City Council hereby declares that it would have adopted this Ordinance, and
each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of
the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or
portions might subsequently be declared invalid or unconstitutional.
SECTION 4, CEQA
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 5. EFfECTIvE DATE -
This Ordinance shall become effective thirty(30)days after its adoption.
SECTION 6. PUBLICATION
The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be
posted as required by law.
PASSED, APPROVED,AND ADOPTED this day of 2008.
Joseph R. Rocha
Mayor
ATTEST:
Vera Mendoza
City Clerk
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
��7 Azusa n
� ,.,r-:i'-" b..�,,.�:...�.�..dnucv_^,�,=_L.'c.aE1n i..a+e:_ ... -acstw�.;+.�-re'a+3..�S��aa�.tr.xixf...ess>��u3E;sa>sa�m�wNsrosreruk..=tur,..+w7t+�un. 1" - •ak.53r�y��1�`4E
,V;iMW �y_ It�
.r -e � a >s� r. rTh G{+ r.! i � I SPK �.
w .II I. t 'K..+ T�,�! S P [Y r moi' -^3-s `tu�j tl -ny E..il
�� v�4ra�{ t i s 1 !Y{ai .tr� M1
r 1 rt ✓' k It fxr '>4r 2{ jar 1
atll FN i 1 -�r. E f� 5i` r
i Ia I;�"1'�,
{�'� '� I r ilY�� 51a '" �'+�� fly+�y�l 1 tl� jx. �.-+�T�u lays, �ir�.,.•�''tF31�fi, 11 Ir 1
-
yrl
5 . 3
I Ir i
lstD,
I 1
vrl -
�,
t +lIp, I ls.i
P�eu.
I[nn..Hrvo.n,eMtl t [P .[IOW Pu +u �21E 1[.Yli � --�a v'.._. - WiAL Pellun2nmlli mulM�lOf ll`3
CALIFORNIA CODES
GOVERNMENT CODE
SECTION 51175-51189
51175. The Legislature hereby finds and declares as follows:
(a) Fires are extremely costly, not only to property owners and residents, but
also to local agencies. Fires pose a serious threat to the preservation of the
public peace, health, or safety. Since fires ignore civil boundaries, it is
necessary that cities, counties, special districts, state agencies, and federal
agencies work together to bring raging fires under control. Preventive
measures are therefore needed to ensure the preservation of the public
peace, health, or safety.
(b) The prevention of fires is not a municipal affair, as that term is used in
Section 5 of Article XI of the California Constitution, but is instead, a matter
of statewide concern. It is the intent of the Legislature that this chapter
apply to all local agencies, including, but not limited to, charter cities, charter
counties, and charter cities and counties. This subdivision shall not limit the
authority of a local agency to impose more restrictive fire and panic safety
requirements; as otherwise authorized by law.
(c) It is not the intent of the Legislature in enacting this chapter to limit or
restrict the authority of a local agency to impose more restrictive fire and
panic safety requirements, as otherwise authorized by law.
51176.
The purpose of this chapter is to classify lands in the state in accordance with
whether a very high fire hazard is present so that public officials are able to
identify measures that will retard the rate of spread, and reduce the potential
intensity, of uncontrolled fires that threaten to destroy resources, life, or property,
and to require that those measures be taken.
51177. As used in this chapter:
(a) "Director" means the Director of Forestry and Fire Protection.
(b) "Very high fire hazard severity zone" means an area designated by the
director pursuant to Section 51178 that is not a state responsibility area.
(c) "Local agency" means a city, county, city and county, or district responsible
for fire protection within a very high fire hazard severity zone..
(d) "Single specimen tree" means any live tree that stands alone in the
landscape so as to be clear of buildings, structures, combustible vegetation,
or other trees, and that does not form a means of rapidly transmitting fire
from the native growth to any occupied dwelling or structure.
(e) "State responsibility areas" means those areas identified pursuant to
Section 4102 of the Public Resources Code.
51178.
(a) The director shall identify areas in the state as very high fire hazard
severity zones based on consistent statewide criteria and based on the
severity of fire hazard that is expected to prevail in those areas. Very high
fire hazard severity zones shall be based on fuel loading, slope, fire
weather, and other relevant factors.
(b) On or before January 1, 1995, the director shall identify areas as very high
fire hazard severity zones in the Counties of Alameda, Contra Costa, Los
Angeles, Marin, Napa, Orange, Riverside, San Bernardino, San Francisco,
San Mateo, Santa Barbara, Santa Clara, Solano, Sonoma, and Ventura.
This information shall be transmitted to all local agencies with identified
very high fire hazard severity zones within 30 days.
(c) On or before January 1, 1996, the director shall identify areas as very high
fire hazard severity zones in all other counties. This information shall be
transmitted to all local agencies with identified high fire hazard severity
zones within 30 days.
51178.5.
Within 30 days after receiving a transmittal from the director that identifies very
high fire hazard severity zones, a local agency shall make the information
available for public review. The information shall be presented in a format that is
understandable and accessible to the general public, including, but not limited to,
maps.
51179.
(a)A local agency shall designate, by ordinance, very high fire hazard
severity zones in its jurisdiction within 120 days of receiving
recommendations from the director pursuant to subdivisions (b) and (c) of
Section 51178. A local agency shall be exempt from this requirement if
ordinances of the local agency, adopted on or before December 31, 1992,
impose standards that are equivalent to, or more restrictive than, the
standards imposed by this chapter.
(b)A local agency may, at its discretion, exclude from the requirements of
Section 51182 an area identified as a very high fire hazard severity zone
by the director within the jurisdiction of the local agency, following a finding
supported by substantial evidence in the record that the requirements of
Section 51182 are not necessary for effective fire protection within the
area.
(c) A local agency may, at its discretion, include areas within the jurisdiction
of the local agency, not identified as very high fire hazard severity zones
by the director, as very high fire hazard severity zones following a finding
supported by substantial evidence in the record that the requirements of
Section 51182 are necessary for effective fire protection within the area.
(d) Changes made by a local agency to the recommendations made by the
director shall be final and shall not be rebuttable by the director.
(e) The State Fire Marshal shall prepare and adopt a model ordinance that
provides for the establishment of very high fire hazard severity zones.
(f) Any ordinance adopted by a local agency pursuant to this section that
substantially conforms to the model ordinance of the State Fire Marshal
shall be presumed to be in compliance with the requirements of this
section.
(g) A local agency shall post a notice at the office of the county recorder,
county assessor, and county planning agency identifying the location of
the map provided by the director pursuant to Section 51178. If the agency
amends the map, pursuant to subdivision (b) or (c) of this section, the
notice shall instead identify the location of the amended map.
51180.
For the purposes of Division 3.6 (commencing with Section 810) of Title 1,
vegetation removal or management, undertaken in whole or in part, for fire
prevention or suppression purposes shall not be deemed to alter the natural
condition of public property. This section shall apply only to natural conditions of
public property and shall not limit any liability or immunity that may otherwise
exist pursuant to this chapter.
51181.
The director shall periodically review the areas in the state identified as very high
fire hazard severity zones pursuant to this chapter, and as necessary, shall make
recommendations relative to very high fire hazard severity zones. This review
shall coincide with the review of state responsibility area lands every five years
and, when possible, fall within the time frames for each county's general plan
update. Any revision of areas included in a very high fire hazard severity zone
shall be made in accordance with Sections 51178 and 51179.
51182.
(a) A person who owns, leases, controls, operates, or maintains any occupied
dwelling or occupied structure in, upon, or adjoining any mountainous area,
forest-covered land, brush-covered land, grass-covered land, or any land
that is covered with flammable material, which area or land is within a very
high fire hazard severity zone designated by the local agency pursuant to
Section 51179, shall at all times do all of the following:
(1) Maintain around and adjacent to the occupied dwelling or occupied
structure a firebreak made by removing and clearing away, for a
distance of not less than 30 feet on each side thereof or to the
property line, whichever is nearer, all flammable vegetation or other
combustible growth. This paragraph does not apply to single
specimens of trees or other vegetation that is well-pruned and
maintained so as to effectively manage fuels and not form a means of
rapidly transmitting fire from other nearby vegetation to any dwelling
or structure.
(2) Maintain around and adjacent to the occupied dwelling or occupied
structure additional fire protection or firebreaks made by removing all
brush, flammable vegetation, or combustible growth that is located
within 100 feet from the occupied dwelling or occupied structure or to
the property line, or at a greater distance if required by state law, or
local ordinance, rule, or regulation. This section does not prevent an
insurance company that insures an occupied dwelling or occupied
structure from requiring the owner of the dwelling or structure to
maintain a firebreak of more than 100 feet around the dwelling or
structure if a hazardous condition warrants such a firebreak of a
greater distance. Grass and other vegetation located more than 30
feet from the dwelling or structure and less than 18 inches in height
above the ground may be maintained where necessary to stabilize
the soil and prevent erosion. This paragraph does not apply to single
specimens of trees or other vegetation that is well-pruned and
maintained so as to effectively manage fuels and not form a means of
rapidly transmitting fire from other nearby vegetation to a dwelling or
structure.
(3) Remove that portion of any tree that extends within 10 feet of the
outlet of any chimney or stovepipe.
(4) Maintain any tree adjacent to or overhanging any building free of
dead or dying wood.
(5) Maintain the roof of any structure free of leaves, needles, or other
dead vegetative growth.
(6) Prior to constructing a new dwelling or structure that will be occupied
or rebuilding an occupied dwelling or occupied structure damaged by
a fire in that zone, the construction or rebuilding of which requires a
building permit, the owner shall obtain a certification from the local
building official that the dwelling or structure, as proposed to be built,
complies with all applicable state and local building standards,
including those described in subdivision (b) of Section 51189, and
shall provide a copy of the certification, upon request, to the insurer
providing course of construction insurance coverage for the building
or structure. Upon completion of the construction or rebuilding, the
owner shall obtain from the local building official, a copy of the final
inspection report that demonstrates that the dwelling or structure was
constructed in compliance with all applicable state and local building
standards, including those described in subdivision (b) of Section
51189, and shall provide a copy of the report, upon request, to the
property insurance carrier that insures the dwelling or structure.
(b) A person is not required under this section to maintain any clearing on any
land if that person does not have the legal right to maintain the clearing, nor
is any person required to enter upon or to damage property that is owned by
any other person without the consent of the owner of the property.
51183-
(a) The local agency may exempt from the standards set forth in Section
51182 structures with exteriors constructed entirely of nonflammable
materials, or conditioned upon the contents and composition of the
structure, and may vary the requirements respecting the removing or
clearing away of flammable vegetation or other combustible growth with
respect to the area surrounding the structures.. In no case shall this
subdivision be deemed to authorize a local agency to vary any
requirement that is a building standard subject to Section 18930 of the
Health and Safety Code, except as otherwise authorized by law..
(b) No exemption or variance shall apply unless and until the occupant
thereof, or if there be no occupant, then the owner thereof, files with the
local agency a written consent to the inspection of the interior and
contents of the structure to ascertain whether the provisions of Section
51182 are complied with at all times.
51183.5.
(a) A transferor of real property that is located within a very high fire hazard
severity zone, designated pursuant to this chapter, shall disclose to any
prospective transferee the fact that the property is located within a very high
fire hazard severity zone, and is subject to the requirements of Section
51182..
(b) Disclosure is required pursuant to this section only when one of the following
conditions is met:
(1) The transferor, or the transferor's agent, has actual knowledge that
the property is within a very high fire hazard severity zone.
(2) A map that includes the property has been provided to the local
agency pursuant to Section 51178, and a notice is posted at the
offices of the county recorder, county assessor, and county planning
agency that identifies the location of the map and any information
regarding changes to the map received by the local agency.
(c) In all transactions that are subject to Section 1103 of the Civil Code, the
disclosure required by subdivision (a) of this section shall be provided by
either of the following means:
(1) The Local Option Real Estate Disclosure Statement as provided in
Section 1102.6a of the Civil Code.
(2) The Natural Hazard Disclosure Statement as provided in Section
1103.2 of the Civil Code.
(d) If the map or accompanying information is not of sufficient accuracy or scale
that a reasonable person can determine if the subject real property is
included in a very high fire hazard zone, the transferor shall mark "Yes" on
the Natural Hazard Disclosure Statement. The transferor may mark "No" on
the Natural Hazard Disclosure Statement if he or she attaches a report
prepared pursuant to subdivision (c) of Section 1103.4 of the Civil Code that
verifies the property is not in the hazard zone. Nothing in this subdivision is
intended to limit or abridge any existing duty of the transferor or the
transferor's agents to exercise reasonable care in making a determination
under this subdivision.
(e) Section 110113 of the Civil Code shall apply to this section.
(f) The specification of items for disclosure in this section does not limit or
abridge any obligation for disclosure created by any other provision of law or
that may exist in order to avoid fraud, misrepresentation, or deceit in the
transfer transaction.
51184.
(a) Section 51182 shall not apply to any land or water area acquired or
managed for one or more of the following purposes or uses:
(1) Habitat for endangered or threatened species, or any species that is a
candidate for listing as an.endangered or threatened species by the
state or federal government..
(2) Lands kept in a predominantly natural state as habitat for wildlife,
plant, or animal communities.
(3) Open space lands that are environmentally sensitive parklands.
(4) Other lands having scenic values, as declared by the local agency, or
by state or federal law.
(b) This exemption applies whether the land or water area is held in fee title or
any lesser interest. This exemption applies to any public agency, any
private entity that has dedicated the land or water areas to one or more of
those purposes or uses, or any combination of public agencies and private
entities making that dedication.
(c) This section shall not be construed to prohibit the use of properly authorized
prescribed burning to improve the biological function of land or to assist in
the restoration of desired vegetation.
(d) In the event that any lands adjacent to any land or water area described in
subdivision (a) are improved such that they are subject to Section 51182, the
obligation to comply with Section 51182 shall be with the person owning,
leasing, controlling, operating, or maintaining the occupied dwelling or
occupied structure on the improved lands. All maintenance activities and
other fire prevention measures required by Section 51182 shall be required
only for the improved lands, not the land and water areas described in
subdivision (a).
51185.
(a) A violation of Section 51182 is an infraction punishable by a fine of not less
than one hundred dollars ($100) nor more than five hundred dollars ($500).
(b) If a person is convicted of a second violation of Section 51182 within five
years, that person shall be punished by a fine of not less than two hundred
fifty dollars ($250) nor more than five hundred dollars ($500).
(c) If a person is convicted of a third violation of Section 51182 within five years,
that person is guilty of a misdemeanor and shall be punished by a fine of not
less than five hundred dollars ($500).
51186.
The local agency having jurisdiction of property upon which conditions regulated
by Section 51182 are being violated shall notify the owner of the property to
correct the conditions. If the owner fails to correct the conditions, the local
agency may cause the corrections to be made, and the expenses incurred shall
become a lien on the property that is the subject of the corrections when
recorded in the county recorder's office in the county in which the real property is
located. The priority of the lien shall be as of the date of recording. The lien
shall contain the legal description of the real property, the assessor's parcel
number, and the name of the owner of record as shown on the latest equalized
assessment roll.
51187.
Any violation of Section 51182 may be considered a public nuisance pursuant to
Section 38773.
51188.
In the instance of conflict between this chapter and any provision of state law that
allows a regional planning agency to regulate very high fire hazard severity
zones, this chapter shall prevail.
51189.
(a) The Legislature finds and declares that space and structure defensibility is
essential to effective fire prevention. This defensibility extends beyond the
vegetation management practices required by this chapter, and includes,
but is not limited to, measures that increase the likelihood of a structure to
withstand intrusion by fire, such as building design and construction
requirements that use fire resistant building materials, and provide
protection of structure projections, including, but not limited to, porches,
decks, balconies and eaves, and structure openings, including, but not
limited to, attic and eave vents and windows.
(b) No later than ,January 1, 2005, the State Fire Marshal, in consultation with _
the Director of Forestry and Fire Protection and the Director of Housing
and Community Development, shall, pursuant to Section 18930 of the
' Health and Safety Code, recommend building standards that provide for
comprehensive space and structure defensibility to protect structures from
fires spreading from adjacent structures or vegetation and vegetation from
fires spreading from adjacent structures.
Source: hftp://Ieqinfo.public.ca.qov/calaw.html
CHAPTER 7A [SFM]
MATERIALSEX ER® W LDFIR EXP®SURMETHOE FOR
SECTION 701A ing those for materials and construction merhods for
SCOPE,PURPOSE AND APPLICATION wildlife exposure as described in this chapter.
701A.1 Scope: This chapterapplies io building materials,sys- 70IA.3.2.4 Prior to building permit final approval the
tents and/or assemblies used in the exterior design and con- property shall be in compliance with the vegetation
surucriwn of new buildings located within a Wildland-Urban clearance requirements prescribed in California Public
Interface Fire Area as defined in Section 702A. Resources Code 4191 California Government Code Sec-
701A.2 Purpose. The purpose of this chapter is to establish.
tion 51182.
minimum standards for the protection of life and property by
increasing the ability of a building located in any Fire Hazard
Severity Zone within State Responsibility Areas or any SECTION 702A
Wildland-Urban Interface Fire Area to resist the intrusion of DEFINITIONS
flames or burning embers projected by a vegetation fire and For the purposes of this chapter, terrain tens are defined
contributes to a systematic reduction in conflagration losses. below:
701A.3 Application.New buildings located in any Fim Hazard CDF DIRECTOR means the Director of the California
Severity Zone within Slate Responsibility Areas or any f
arnnento DeP ForestryandFileProtection.
Wildland-Urban Interface Fire Area designated by tire enforc-
ing agency far which an application for a building permit is FIRE PROTECTION PLAN is a document prepared for a
submittedon or after December 1, 2005, shall comply with the speci-ftcprojectordevelopmentproposedfaraMidland Urban
following sections: Interface FireArea.It describes ways to minimize and mirigare
1. 704A.1—Roofing potential for loss front wildfire exposure.
2. 704A.2—Attic Ventilation The Fire Protection Plan shall be in accordance with this
701A.3.1 Alternatesformaterials,design,tests,and meth- chapter and rhe California Fire Code, Chapter 47. When
ods of construction. The enfonring agency is penitted to required by the enforcing agency.for the purposes of granting
modify tile of dhischapter for site-specific condi- ntodlficatioms, a fire protection plan .shall be submitted. Only
Cali-
lions t accordance with Appendix Chapter i Section locally adopted ordinances that have been filed with the Cali-
1 ons.04. i 1accoen requited it the pending age ter 1, Set ion fornia Building Standards Commission or the Department of
poses of granting modifications,afire protection plan shall Housing and Comnnmity Development in accordance with,
be submitted in accordance with rhe California Fire Code, Section 101.8 shall apply.
Chapter 47 FIREHAZARD SEVERITYZONES are geographical areas
70IA..3.2New buildings located inany,firehazard severity designated pursuant to California Public Resources Codes
zone. New, buildings located in any Fire Hazard Severity Sections4201 through4204andclas.siiiedasVeryHigh,High,
Zone, a- any Wildland-Urban Interface Fire Area desig- or Moderate in State Responsibility Areas oras Local Agency
nated by the enforcing agency forwhich an application fora Very High Fire Hazard Severity Zones designatedpursuant to
building permit is submitted an or-after January 1, 2008, California Government Code, Sections 51175 through 51189.
shall comply with all sectiau of this chapter. See California Fire Code Article 86.
701A.3.2.I Inspection and certification. Building per- Tine California Code of Regulations, Tale 14, Section 1280,
nut applications and final completion approvals for entitles the maps of these geographical areas as "Maps of the
buildings within the scope and application of dux chop- Fire Hazard Severity Zones in the State Responsibility Area of
ter shall comply with the following. California."
701A.3.2.2The local building official shall,prior tocan- IGNITION-RESISTANT MATERIAL is any product which,
srr+ction,provide the owner or applicant a certification when tested in accordance with ASTM E 84 far a period of 30
that the building asproposed tobebuilt complies with all minuses,shall have aflame spread ofnot over 25and show no
applicable state and local building standards, including evidence of progressive combustion. In addition, the}lapse
those,formaterials and construction methods for wildfire front shall not progress more than 10th feet(3200 tarn)beyond
exposure as described in this chapter: the centerline of the burner at any time during the lest.
701A.3.2.3 The local building official shall, upon cons- Materials shall pass the accelerated weathering test and be
pletiat of construction,provide the owner or applicant identified as exterior type, in accordance with ASTM D 2898
with a copy of the final inspection report that demon- and ASTM D 3201. All materials shall bear identification
strates the building was constructed in compliance with showing the fire performance rating thereof. That identifico-
all applicable.state and local building standards,includ- tion shall be issued by ICC-ES or a testing facility recognized
2007 CALIFORNIA BUILDIIJG CODE 235
MATERIALS AND CONSTRUCTION METHODS.FOR EXTERIOR WILDFIRE EXPOSURE
by the State Fire Marshal having a service for inspection of SECTION 704A
materials at the focror7r MATERIALS,SYSTEMS AND
Fire-Retardant-Treated Wood or noncombustible materials METHODS OF CONSTRUCTION
as defined in Section 202shalltall sfythe intentofthissecrion 704A.]Roofing.
The enforcing agency may use other definitions of igni- 704A.1.1 General. Roofs shall comply with the require-
tiorrresi.staninaterial that reflect wildfire exposure to building meats of Chapter 7A and Chapter 15 Roofs shall have a
materials and/or their materials, performance in resisting roofing assernblyinstalledinaccordance with its lisringand
ignition. the manufacturer's installation instructions.
LOCAL.AGENCY VERS'HIGH FIRE HAZARD SEVER- 704A.1.2 Roof coverings. Where the roof profile allows a
ITYZONE means an area designated by a local agency upon space between the roof covering and roof decking, the
the recommendation of the CDFDirectorpursuant to Govern- spaces shall be constructed to prevent the intrusion of
anent Code Sections 51177(c), 51178 and 5118 that is not a flames and embers,be firestopped with approved materials
.state responsibility area and cohere a local agency,city,count), a-have one layer of No 72 ASTM cap sheer installed over
city and county, or dish-ict is responsible for fire protection. the combustible decking.
STATE RESPONSIBILITYAREAtnnea slandsthatareclas- 704A.1.3 Roof valleys. When provided, valley flashings
sifted by the Board of Forestry pursuant to Public Resources shall be not less than 0.019-inch(0.48 nun)(No. 26 galva-
Code Section 4125 where the financial responsibiliq,of pe- sized sheet gage)corrosion-resistant metal installed over a
venting and suppressing.forest fires is primarily the responsi- lin.nimunn 36-inch-wide(914 nun)underlayonent consisting
bility of the state of one layer of No. 72 ASTM cap sheet running the full
iir ILDFIRE is all),uncontrolled,fire spreading tltvughrnegeta-
length of the valley.
tivefirels that threatens to destroy life,property,or resources as 704A.1.4 Reserved.
defined in Public Resources Code Sections 4103 and 4104. 704A.1.5 Roofgutters.Roof gutters shall be provided with
WILDFIRE EXPOSURE is one or a combination of radiant the means to prevent the acctunulation of leaves and debris
heat,convective heat,direct flame contact and burning embers in the gutter.
being projected byvegetationfiretoa.structure and its irmnedi- 704A.2 Attic ventilation.
ate emvinvnrnem. 704A.2.1 General. When required by Chapter 15, roof and
WILDL.AND-URBAN INTERFACE FIRE AREA is a geo- attic vents shall resist the intrusion offlarne and embers into
graphical area idennfhedbythe state asa "Fire Hazard Sever- the attic area ofthestructure,orshollbeprolectedbycorro-
ip, Zone" in accordance will? the Public Resources Code sion•resistant, noncombustible wim ?mesh with '14-inch (6
Sections 4201 through 4204 and Government Code Sections nun)openings or its equivalent
51175 through 51789,or otherareas designated Gy rhe enforr- 704A.2.2 Eave or cornice vents. Vents shall not be installed
ing agency to be ata significant risk fi-orn wildfires.See Section in eaves and cornices.
706A for the applicable re ferenced sections of the Government
Code and the Public Resources Code Exception-- Eave and cornice vents may be.used pro-
vided the), resist the intrusion of flame and burning
embers into the attic area of the.structure.
SECTION 703A 704A.2.3 Eave protection. Eaves and sti fits.shall meet the
STANDARDS OF QUALITY requirements of SFM 12-7A-3 or shall be protected by igni-
70.3A.1 General.Material,systems,and metads of consirmc_ tion-resistant materials or noncombustible construction on
lion used shall be in accordance with this Chapter. the exposed underside.
703A?Qualification:by testing.Material and material assent- 704A.3 Exterior walls,
blies tested in accordance with the requirements of Section 704A.3.1 General. Exterior walls shall be approved
703A.shallbeacceptedforuse when the resultsardconditios noncombustible orignition-resistant material, heavy dur-
of those tests are met. Testing shall be performed by a testing ber, or log wall construction or shall provide protection
agency approved by the State Fire Marshal or identified by an from the intrusion of flames and embers in accordance with
ICC-ES report. standard SFM 12-7A-1.
70.3A.3 Standards of quality. The State Fire Marshall Stan- 704A..3.1.1 Exterior wall coverings. Exterior wall cov-
dards listed below and as referenced in this chapterare located erhngs shall extend from the top of the foundation to the
in the California Referenced Standards Code, Part 12 and roof, and terminate at 2-inch (50.8 nun) nominal solid
C apter.35 of this code. wood blocking benveen rafters at all roof overhangs, a;-
SFM 12-7A-1, Exletior Wall Siding and Sheathing.
•SFM12.7A•1, ExteriorWallSidingandSheadung. innthecaseofenclosedeaves,terminate atthe enclosure.
SFM 12-7A-2,Exterior Window 704A.12 Exterior wall openings. Exterior wall openings
shall be in accordance with this.section.
SFM I2-7A•3, UnderEave. 704A.3.2.1 Exterior wall Perms. Unless otherwise pro-
SFM 12-7A-4,Decking hibited by otherprovisions of this code,vent openings in
236 2007 CALIFORNIA BUILDING CODE
MATERIALS AND CONSTRUCTION METHODS FOR EXTERIOR WILDFIRE EXPOSURE
exterior walls shall resist the inu'usiorh of flame and - 704A,4.2 Underfloor and appendages protection.
embers into the structure or vents shall be screened with 704A.4.2.1 Underside of appendages and floor projec-
a corrosion-resistant, noncombustible wire nsesh with tions. The underside of cantilevered and overhanging
i/,- inch(6 num)openings or its equivalent. appendages and floor projections .shall maintain the
704A.3.2.2 Exteriorglazing and window walls.Exterior ignition-resistant integrity of exterior wails, or the pro-
wbudow.s,window walls,glazed doors,and glazed open- jection shall be enclosed to the grade
ing.s within exteriordoors shall be insulating-glass units 704A.4.2.2 Unenclosed underfloor protection. Build-
with a rrnininimn of one tempered pane, or glass block ings .shall have all underfloor areas enclosed to the
units,or have a fire-resistance rating of not less than 20 grade with exterior walls in accordance with Section
minutes,when iestedacco7lingtoASTME2010,orcon- 704AJ
form totheperfonnmucerequirements ofSFM12-7A-2. Exception: The complete enclosure of underfloor
704A.3.2.3 Exterior door assemblies. Exterior door areas may be omitted where the underside of all
assemblies shall conform to the performance require- exposed floors, exposed structural columns, beams
ments of standard SFM 12-7A-1 or shall be of approved and supporting walls are protected as required with
noncombustible construction,orsolidcorewoodhaving exterior ignition-resistawmaterial construction orbe
stiles and rails not less than 13/einches thick with interior heavy timber
field panel thickness no less than IV, inches thick, or 704A.5Ancillary buildings and structures.
shall have a fire-resistance rating ofnot less than 20min-
utes when tested according to ASTM E 2074. 704A.5.1 Ancillary buildings and structures. When
etary required by the enforcing agency, ancillary buildings and
Exception: Noncombustible or exterior fire-rnot structures and detached accessory structures shall comply
dart treated wood vehicle access doors aree-r
with the provisions of this chapter.
required to comply,with this chapter.
704A.4Decldng,floors and underfloor protection.
704A.4.1 Decking.
704A.4.1.1 Dec7dng surfaces. Decking, surfaces, stair
treads, risers,and landings of decks,porches,and balco-
nies where any portion of such surface is within 10 feet
(.3048 min) of the primmy structure shall comply with
one of the following methods:
I Shall be constructed of igniton-resistarul materi-
als and pass the performance requirements of ld
12-7A-4,Parts A and B.
2. Shall be constructed with heavy timber; exterior
fire-retardant-treated wood or approved noncom-
bustible materials.
3. Shall pass tine performance requirennents of SFM
12.7A-4, Pat A, 12-7A-4.7.51 only with a net
peak heat release rate of 25k W/sq-ft for o 40-min-
ute obsen+ation period andr
a. Decking surface material shall pass the ac-
celerated weathering test and be identifted
as exterior type,in accordance rwithASTME
84 and;
b. The exterior wall covering to which it the
deck is attached and within 10 (3048 nim)
feet of the deck shall be constnrcied of ap-
proved noncombustible or ignition resistant
nateriah
Exception:Walls are not required to comply
with this subsection if the decking surface
material conforms to ASTA4 E-84 Class B
flame.spread
The one of paints, coatings, stains, or other surface
treatments are not an approved werhod of protection as
required in this chapter. .
2007 CALIFORNIA BUILDING CODE 237
` w
U"
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL .
FROM: F.M. DELACH, CITY MANAGER,,,�
DATE: JUNE 2, 2008
SUBJECT: FORMATION OF A COUNCIL SUB-COMMITTEE TO REVIEW QUALIFICATIONS
OF LANDSCAPE ARCHITECT/DESIGN SERVICES IN RELATION TO IMPROVING
THE CONDITION OF FREEWAY ON &OFF-RAMPS
RECOMMENDATION
It is recommended that the City Council to appoint two members of the Council to a sub-
committee to work with staff to review the qualifications of landscape architectural/design
firms and bring back a recommended firm at a future City Council meeting.
BACKGROUND
Recently staff received proposals from five landscape architectural/design firms to provide
services to the City in relation to improving the 1-210 Freeway ramps in the City of Azusa and
to create a gateway entrance effect at the Azusa Avenue ramps. Staff is asking that the City
Council appoint two of its members to form a sub-committee that would work with staff in
determining the most suitable firm for the City.
FISCAL IMPACT
None at this time
.ss""�r,_'r..��„�� .-+ sac. ;.�`^^'-^.-.a_ _- _ ,�,...�._. •. ♦�.;�yaaa((
"4WD
_•.. �. si _' . ._.4, ... '_ i C'/CtFORt1�P 3ti�
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
WEDNESDAY,MAY 14,2008-6:31 P.M.
The City Council of the City of Azusa met in regular session at the above date and time in the
Azusa Auditorium, located at 213 East Foothill Boulevard,Azusa, CA, 91702.
CLOSED SESSION Closed Sess
Mr. Jorge Rosales addressed the Ranch Market Tenants item, expressing concern regarding the J. Rosales
titles,which he stated are misleading and asked if the Target project is still viable. Comments
City Manager Delach responded stating that the Target project is moving forward on schedule. City Mgr
Response
The City Council recessed to Closed at 6:37 p.m. to discuss the following: Recess
CONFERENCE WITH LABOR NEGOTIATOR(Gov.Code Sec 54957.6) Con w/Labor
Agency Negotiators: Administrative Services Director-Chief Financial Officer Kreimeler Neg
Organizations/Employee: IBEW,SEIU,AMMA,ACEA
REAL PROPERTY NEGOTIATIONS (Gov.Code Sec 54956 81 Real Prop
Address: 428-432 N.San Gabriel,Azusa, CA 91702 (La Tolteca) 428-432 San
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Gabriel
Negotiating Parties: LTA LLC
Under Negotiation: Price and Terms of Payment
BLOCK 36 Block 36
REAL PROPERTY NEGOTIATIONS (Gov.Code Sec 54956.8) Real Prop
Address: 152 E. Foothill Boulevard,Azusa, CA 91702 152 E. Foothill
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Negotiating Parties: Bank of America&LOWE Enterprises Real Estate Group
Under Negotiation: Price and Terms of Payment
REAL PROPERTY NEGOTIATIONS (Gov.Code Sec 54956.8) Real Prop
Address: 100 E. Foothill Boulevard,Azusa, CA 91702 100 E. Foothill
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Negotiating Parties: LOWE Enterprises Real Estate Group
Under Negotiation: Price and Terms of Payment
REAL PROPERTY NEGOTIATIONS (Gov.Code Sec 54956 81 Real Prop
Address: 614- 640 N.Azusa Avenue,Azusa, CA 91702 614-640
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff N.Azusa
Negotiating Parties: LOWE Enterprises Real Estate Group
Under Negotiation: Price and Terms of Payment
RANCH MARKET TENANTS Ranch Mkt
Tenants
REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop
Address: 802 N.San Gabriel Avenue,Azusa, CA 91702 802 N.Azusa
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Negotiating Parties: Broderick's Auto Body- Business Owner Evelyn&George
Broderick
Under Negotiation: Price and.Terms of Payment
REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop
Address: 120 West 9th Street,Azusa, CA 91702 120 W.91"St
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Negotiating Parties: Alondra's Bakery- Business Owner Raul Corona '
Under Negotiation: Price and Terms of Payment
Real Prop
REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8) 150/190
Address: 150/190 West 9th Street,Azusa, CA 91702 W. 91h St
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Negotiating Parties: King Ranch Market- E 8-T Foods, Inc. - Business Owner Aner
Iglesias
Under Negotiation: Price and Terms of Payment .
Real Prop
REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8) 809 N.Azusa
Address: 809 N.Azusa Avenue,Azusa, CA 91702
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff ,
Negotiating Parties: Community Garage- Business Owner Conrad Diaz Jr.
Under Negotiation: Price and Terms of Payment
Pub Emp
PUBLIC EMPLOYMENT APPOINTMENT (Gov.Code Sec. 54957) Appoint
Title: Director of Economic and Community Development
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Gov.Code Sec. 54956.9 (a)). Conf w/Legal
Case No. CIT 07604349, Kelly Sakata Moon v. City of Azusa. Counsel Moon
The City Council reconvened at 7:38 p.m. City Attorney Carvalho advised that there was no Reconvened
reportable action taken in Closed Session. City Attorney
Mayor Rocha called the meeting to order. Call to Order
Azusa Police Captain Street led in the pledge to the Flag. - Flag Salute
INVOCATION was given by City Manager Delach Invocation
ROLL CALL Roll Call
PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA -
ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT: Also Present
City Attorney Carvalho, City Manager Delach, Director of Public Works/Assistant City Manager
Makshanoff, Police Captain Street, Assistant Director of Water Operations Anderson, Public
Information Officer Quiroz, Assistant Community Development Director McNamara,
Administrative Services Director—Chief Financial Officer Kreimeier, City Clerk Mendoza, Deputy
City Clerk Toscano, .
PUBLIC PARTICIPATION Pub Part
Mr. Lewis and his Academy of the Arts Students performed a short "clip" of their Spring Academy of
production of "Peter Pan and The Revenge of Hook", to be held at The Little Theatre on Arts Azusa
Rockvale Avenue from May 20U'—June I"for more information call (626)815-3427. High
Mr. Mike Lee addressed Council with comments regarding the following: Mayor's letter M. Lee
regarding Mother's Day in Examiner newspaper, reminded all to vote on June 3`d; thanked Comments
Letter Carriers for food drive; and noted the late Ramiro Lopez work with veterans.
Mr, Jorge Rosales addressed Council announcing Mayor's Prayer Breakfast on May 28`", J. Rosales
sponsored by the Azusa Ministerial Association and Azusa Pacific University at 7:30 a.m. at Comments
APU Tumer Campus Center, 901 E. Alosta, cost is $15 per person and for further information
call Pastor Samuel Martinez at 969-7945. He stated that with regard to the proposed RV
Ordinance the Planning Commission had a discrepancy in its minutes regarding the issue and
requested that the item be continued to the meeting of June 2"d. .
Mr. Art Morales addressed Council providing background on the late Ramiro Lopez, local hero A. Morales
who served in the military in Viet Nam. He also talked about free swim, the Azusa Avenue Comments
Storm Drain, and dogs running loose in the park.
05/14/08 PAGE TWO
Mr. Sammy Zaribaf of II Forno Restaurant addressed Council requesting that the Storm Drain
Project on Azusa Avenue be held in August/September: asked the possibility of moving it the S.Zaribaf
other side of the street, stating that it would be devastating to his business; he asked that he Comments
be notified when it would occur so he could dose his business during that time.
Mr. Thomas Ross addressed Council stating that his nephew recently passed away; his sister is
in need of help to assist with services; for donations call Ava Davis at (562) 699-6217, or send T. Ross
to 5593 Pioneer Blvd, Unit No. I, Whittier, and CA. 90601 or to 10935 Tierra Vista Parkway, Comments
Unit 255, and Rancho Cucamonga, CA 91730.
REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF
Rpts/Updates
Interim Assistant City Manager Makshanoff introduced Conal McNamara, new Assistant
Community Development Director. Intro C.
McNamara
Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Gonzales and unanimously
carried to approve request for certificates of appreciation to the five food banks in Azusa to be Cert to
presented at the May 28'Mayor Prayer Breakfast. Food Banks
Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously
carried to approve request for a proclamation to proclaim the week of May W — 241" as Public Works
American Public Works Week, in the City of Azusa. Week
Ms, Anita Dominguez of the American Cancer Society Relay For Life provided information on
the activity on July 12°and 1 3'"; she stated it's a 24 hour fundraising event and funds will go to A. Dominguez
research, etc. The Mayor will be the Chair and she requested co-sponsorship with the city. Ms. American
Robin Russek, daughter of Edie and Ron Russek provided details about her father's bout with Cancer Society
cancer,who passed as away and requested community support.
City Manager Delach announced that the proposed budget would be sent to Council tomorrow
and stated that the Legislative Analyst has advised that the Motor Vehicle In-Lieu Fees could be City Mgr
taken away from cities. Comments
Discussion was held regarding the issue with the Planning Commission and the proposed RV
ordinance. Moved by Councilmember Macias, seconded by Councilmember Hanks and Dis PC and
unanimously carried to continue item C-3, proposed Ordinance Amending Portions of the RV issue
Azusa Development Code concerning Vehicle Parking and Storage Regulations, etc. to the Prop Ord
meeting of June 2, 2008. - Continued
6/2
City Manager Delach addressed Council with clarification that dogs are not allowed in City
parks on or off leashes. He later made a correction: ordinance was changed, dog on leash are City Mgr
allowed in City parks; he will report back to Council. Comments
Councilmember Carrillo stated that he was a victim of the vandalism which occurred in Azusa
over the past week end where over 50 cars had their windows shot out with a pellet/bb guns; Carrillo
he expressed his frustration. Police Captain Street provided an update. Comments
Councilmember Gonzales announced the Mariachi Concert on Friday, May 30'"; cost is $20 and
proceeds go to the program; for further Info call Elaine Dominguez at (626) 858-6152; Azusa Gonzales
Youth Program Barbeque on June 7', IGds Come First Golf Tournament on June 13'" at San Comments
Dimas Canyon Golf Course for more information call Adrian Martinez at 812-5196.
Councilmember Macias thanked all the troops and congratulated them on Armed Forces Day
on May 17'^. Macias
Comments
Councilmember Hanks commented on public workers who are in a life saving profession; they.
repair streets, maintain storm drains and maintain sewers; he encouraged all to thank the Hanks
public workers. Comments
Mayor Rocha asked that the meeting be adjourned in memory of Ramiro Lopez; Inquired about
budget study session; carryover projects, i.e. intersection improvements and synchronization Rocha
and street sweeping. He announced the following: Banner Hanging on May 17'; Ribbon Comments
Cutting for Economy Auto on same date at 10 a.m.; Memorial Day Ceremonial on May 26'at
the City Hall Flag pole at 10 a.m.; May 27' Senior Volunteer Dinner; May 31" Helping Hand
Benefit for Patsy Navarette Pardo at the Azusa Woman's Club; Yard Sale June 7'" and 86 no
permits or fees required, and that Nicholas Dospital, U.S. Marine Corp., and Miguel Mikey
Magana are soldiers home on leave.
05/14/08 PAGE THREE
City Manager Detach stated that the first budget meeting well be following the next Utility City Mgr 'i
Board on May 27"'and there will be a preliminary draft CIP report next week. With regard to Comments
street sweeping it was noted for consistency, there will be no parking from 9 a.m. — 5 p.m. on
street sweeping days.
SCHEDULED ITEMS Sched Items
PUBLIC HEARING—REQUEST BY COVINA IRRIGATING COMPANY (CIC) THAT CITY OF AZUSA Pub Hrg CIC
ADOPT A RESOLUTION CONSENTING TO CIC'S USE OF EMINENT DOMAIN. reso Emnt Dm
City Manager Delach addressed the issue stating that the item had been continued in order to City Mgr
give the parties, Covina Irrigating Company (CIC) and the Crystal Canyon Homeowners Comments
Association the opportunity to enter into mediation and resolve issues related to acquisition of
an easement through the Crystal Canyon complex by CIC; no agreement has been reached and
another mediation session is scheduled for June. He noted the following issues: offers in the
mediation were greater then the city paid in the nearby easement and the pipeline cannot be
connected to CIC water source without the pipeline coming from the north through the
easement; alternate routes are not economically nor physically feasible.
The Mayor declared the Public Hearing open. The City Clerk acknowledged that she had the Hrg open
proof of mailing to all affected property owners in the area.
Mr. De Jesus, Applicant, addressed the hearing stating the need to install an underground De Jesus
pipeline and do away with the above ground open canal for liability, safety and security Applicant
reasons. He stated that they were unable to resolve the issues during mediations and advised
that David Byron of Civiltec was available to answer questions.
Ms. Rim Antol addressed the Hearing expressing her opposition to the use of eminent domain K Antol
on the Crystal Canyon property and suggested the use of the old dairy road and detailed her Comments
reasons and beliefs; she asked them to review the facts of the report by their attorney and
asked they vote no on condemnation.
Mr. Ruston Glass addressed the Hearing in opposition to the proposed pipeline detailing the R. Glass
affects to the use of the garages/parking spaces and overall negative affects of the project, i.e. Comments
cut utilities; he suggested the pipeline go through Ranch Road.
Ms. Lynda Harper addressed the Hearing stating that during mediation she learned the true L. Harper
scope of the project, not just a 10 foot water pipeline easement but a 10 foot easement with a Comments
25 foot temporary construction; she noted the lack of truth and inaccuracies of the project.
City Attorney Carvalho noted for the record that a letter was received on May 14', from the City Attorney
Law Offices of Palmieri, Tyler, Wiener, Wilhelm &Waldron LLP, regarding the issue, which was Comment
referred to in public comment.
Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously Hrg clsd
carried to close the public hearing.
Lengthy discussion was held between Councilmembers and staff with each member providing Lengthy
input regarding the matter. Mr. De Jesus, Ms. Antol and Ms. Harper all agreed that the Discussion
mediation was working, but none were able to discuss the matter due to the confidentiality of
the meetings. -
Mr. Christopher Chan responded to questions regarding indemnification, Mr. Dave Byrum of C. Chan
Civiltec responded to questions stating that there will be no outages/disruption to the customer D. Byrum
utilities at that location and answered questions posed. Comments
City Attorney Carvalho responded to questions on possible future damages and protection to City Attorney
homeowners stating that the language in the resolution is general but there is future protection Response
as in any other City or business owned easement.
Councilmember Hanks offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CONSENTING TO THE USE OF Resolution
EMINENT DOMAIN, PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE, SECTION Consenting
1245.310 ET SEQ., BY THE COVINA IRRIGATING COMPANY TO ACQUIRE A PERMANENT 10- To Use of
FOOT WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND TO Eminent
CONSTRUCT, INSTALL, USE, INSPECT, LOCATE, MAINTAIN, OPERATE, ALTER, ADD TO, Domain
REPAIR, REPLACE, REMOVE AND/OR RELOCATE PIPELINES AND RELATED FACILITIES AND (not adopted)
05/14/08 PAGE FOUR
CONNECTIONS NECESSARY OR CONVENIENT FOR COVINA IRRIGATING COMPANY'S, OR ITS
SUCCESSORS AND ASSIGNS, USE OF THE EASEMENT FOR WATER TRANSPORTATION AND
FOR ANY AND ALL OTHER USES AND PURPOSES OF COVINA IRRIGATING COMPANY AND OF
ITS SUCCESSORS AND ASSIGNS,AS WELL AS A TEMPORARY 25-FOOT WIDE CONSTRUCTION
AND INSTALLATION EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS TO
CONSTRUCT, INSTALL, USE, INSPECT, LOCATE, MAINTAIN, OPERATE, ALTER, ADD TO,
REPAIR, REPLACE, REMOVE AND/OR RELOCATE SUCH PIPELINE OR PIPELINES AND
FACILITIES, IN, UNDER, UPON, OVER, ACROSS AND THROUGH (SHADY OAK COURT AND
PARKING LOT) PROPERTY OWNED BY THE CRYSTAL CANYON DEVELOPMENT HOMEOWNERS
AND/OR CRYSTAL CANYON DEVELOPMENT HOME OWNERS ASSOCIATION AS DEPICTED ON
THE DIAGRAM ATTACHED HERETO AS EXHIBIT"1" -
Moved by Councilmember Hanks, seconded by Councilmember Carrillo to waive further Resolution was
reading and adopt. City Attorney Carvalho announced, later in the meeting, that the Resolution Not adopted
was not passed as it required a 4/5 vote of the Council and the vote was as follows:
AYES: COUNCILMEMBERS: GONZALES,CARRILLO, HANKS
NOES: COUNCILMEMBERS: MACIAS, ROCHA
ABSENT: COUNCILMEMBERS: NONE -
RE-STRIPING OF CITRUS AVENUE FROM ARROW HIGHWAY TO GLADSTONE STREET TO Re-Striping of
ACCOMMODATE THE ADDITION OF TWO-WAY LEFT TURN LANE ADDITION ON CITRUS Citrus Avenue
AVENUE AT LAXFORD.
Public Works Director/Assistant City Manager Makshanoff presented the plan from the Los J. Makshanoff
Angeles County of Public Works to re-strip Citrus Avenue in the vicinity of Arrow Highway which Comments
came on behalf of a County resident, Rudy Baca,via Supervisor Molina's office. Staff reviewed
the plans and recommended Option 2 which would eliminate parking on the east side of Citrus
Avenue but preserve parking on the west side where there is an apartment complex within the
City limits. The County has advised that the total cost is $21,000; the City's share of that is
$6,700; and the request is for approval and to bring back with funding identification.
Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously Re-Striping
carried to approve Option 2 which will take away street parking on the east side of Citrus approved
Avenue but still provide parking along the West side of Citrus Avenue and the approval of up to
$6,700; the City of Azusa fair share of the cost.
The Proposed Ordinance Amending Portions Of The Azusa Development Code Concerning Prop Ord
Vehicle Parking And Storage Regulations, Commercial, Oversized And Recreational Vehicle Dev Code
Parking And Storage Regulations On Private Property And Temporary Sign And Tent Regulations Veh Pkg&
was referred to the meeting of June 2, 2008. Strg continued
AN URGENCY AND REGULAR ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA. Urgency&
CALIFORNIA AMENDING THE AZUSA MUNICIPAL CODE REGARDING NOISE SOURCE Regular Ord
STANDARDS. Noise
City Manager Delach addressed the item stating that there is a need for language change due City Mgr
to several issues in the new code language which is impractical and difficult to enforce, i.e. Comments
noise standards, amplified music and measurement. He responded to questions posed.
City Attorney Carvalho also responded to questions regarding outdoor festival process, truck City Attorney
deliveries, definitions, and construction activities on Sundays and Holidays. Comments
Councilmember Hanks offered an Urgency Ordinance entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA. CALIFORNIA Urg Ord
AMENDING THE AZUSA MUNICIPAL CODE REGARDING NOISE SOURCE STANDARDS. Noise
Adopted
Moved by Councilmember Hanks, seconded by Councilmember Gonzales to waive further -
reading and adopt. Ordinance passed and adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Councilmember Hanks offered an Ordinance entitled:
05/14/08 PAGE FIVE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING I" Rdg Ord
THE AZUSA MUNICIPAL CODE REGARDING NOISE SOURCE STANDARDS. Noise
Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously
carried to waive further reading and introduce the proposed ordinance.
The CONSENT CALENDAR consisting of Items D-I through D-4 was approved by motion of Consent Cal
Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried with Approved
the exception of item D-4,which was considered under the Special Call portion of the Agenda. D-4 Spec Call
I. The minutes of the regular meeting of May 5, 2008 and the special meeting of March 31, Min appvd
2008, were approved as written. ,
2. Human Resources Action Items were approved as follows: HR Action
New Appointment: L. Ferrari, Police Officer Trainee Items
Promotion: S.Abou-Taleb, Library Circulation Supervisor
3. Approval was given to support the proposed Assembly Bill 642 and the Mayor was Support AB
authorized to send a letter on behalf of the City. 642
4. SPECIAL CALL. Special Call
SPECIAL CALL ITEM Spec Call Item
RECONSIDERATION OF AZUSA AVENUE DOWNTOWN STORM DRAIN PROJECT. Azusa Ave
Storm Drain
Councilmember Macias addressed the issue requesting that the project be deferred to late Macias
summer or early fall due to the impact on business owners on Azusa Avenue. Comment
City Manager Delach responded to comments made earlier that there was no physical way to City Mgr
put the storm drain on the opposite side of Azusa Avenue. Comment
Discussion was held regarding the construction budget and cost, size of pipeline, impacts on Discussion
Azusa businesses, project timeline, obligation to city with regard to infrastructure and safety,
and trash in the storm drain.
Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously Azusa Avenue
carried to defer the Storm Drain Project to sometime in the Fall and to work with staff and Storm
business owners to narrow a window of time for the project to be scheduled and completed
before the end of the year.
THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 10:03 P.M. CRA convene
THE CITY COUNCIL RECONVENED AT 10:04 P.M. Cncl rcnvd
Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Gonzales to adjourn in Adjourn in
memory of Ramiro Lopez. Memory
UPCOMING MEETINGS: Upcoming
- - Meetings
May 27, 2008, (Tuesday) Utility Board Meeting-6:30 p.m. (Magnolia Elementary School, 945
E. Nearfield,Azusa)
June 2, 2008, City Council Meeting-6:30 p.m. (Auditorium)
June 16, 2008, City Council Meeting-6:30 p.m. (Auditorium)
TIME OF ADJOURNMENT: 10:04 P.M.
CITY CLERK
NEXT RESOLUTION NO.2008-C38.
NEXT ORDINANCE NO.2008-04.
05/14/08 PAGE SIX
m
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/M0
DATE: June 2, 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 May 13, 2008 and May 27, 2008, the Personnel Board confirmed the following Department Head
recommendation regarding the following Personnel Action requests.
A. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
EPABtT: EIVlV ECLASSIF1CA710N" CT10fV/EFf DATE @RAT1GEJSTEP
BA
FN Lisa Rogers Account Specialist 11 Reg. Appt/Merit Inc 4164/3
4-27-08 $3,765.07
PD Bertha Parra Police Officer Reg Appt. 6101/2
Z-23-08 $5,310.75
PD William Johnson Police Officer RegAppt. 6]01/2
2-23-08 $5,310.75
FN Henry Quintero Senior Accountant Merit Inc. 4211/5
5/22/08 $6,477.28
ECD Kimberly Pilmer Assistant Planner Reg. Appt/Merit Inc 4190/2
5/06/08 $4,498.76
PD Todd Rasmussen Community Service Reg Appt. 9170/2
Officer-Field 4-09-08 $3,748.08
B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant
to the Rules of The Civil Service S stem
7Emanuel
CEA551FICA710N; tEFFECT.I�IEDUTLmes Water Distribution Worker I Pending physical 5167/1
and fin er rints $3,463.52
UTLrdosa Water Distribution Worker I Pending physical 5167/1
and fingerprints $3,463.52
C. RECLASSIFICATION —The following reclassification has been requested by the department head and are
being made in accordance with the City of Azusa Rules of the Civil Service S stem,
v a�.
�O ARTIN`ENT N E> - CLA551F1 [IflN EF;F1 CTI a ' R Nf�EXSTEP'
� FR�1NrCU ,,. DATE BASE#MOSAT ARY
FN Andrew Cawte From: Business Resource 06/03/2008 4196/5
Officer to Revenue $5,606.37
Supervisor
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets. Salary savings realized
from vacant positions are utilized to underfill positions with temporary hires and/or to offset overtime costs.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL /J
FROM: MARCENE HAMILTON, CITY TREASURER
DATE: JUNE 2, 2008
SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES
FOR THE MONTH OF APRIL 2008
RECOMMENDATION:
It is recommended that the Council Members receive, review, and file the City
Treasurer's Report for the City of Azusa for the month of April 2008.
BACKGROUND:
Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City
of Azusa for the month of April 2008. City investments are made in accordance with
the City's Investment Policy adopted and approved with Resolution No. 05 - C16
dated, June 18, 2007 and Government Code Section 53600 et seq.
FISCAL IMPACT:
The balances of cash, investments, and projected revenues for the next six months
are expected to be sufficient to meet cash disbursement requirements of the City for
at least the next six months.
CITY OF AZUSA TREASURER'S REPORT
'reasury Checking Accounts and Certificates of Deposit APRIL 30, 2008
Held in Wells Fargo Bank
'repared by: Marcene Hamilton, Treasurer
Interest or Balance
Face Maturity Coupon Description Account Number or
Amount Date Rate or CUSIP Market Value
Checking Accounts
General Checking Account 495-0041244 1,508,137.00
1.2316/o Overland Sweep Account DDA 495-0041244 668,862.64
Worker's Compensation Checking 0606-050318 106,886.59
Flexible Reimbursement 0606-055036 10,742.70
Payroll Checking (ZBA account) 4159-281393 0.00
Police Petty Cash Fund 060-6050334 239.12
Section 108
1.610% Choice IV-Public Fund Account 410-0162239 30,758.52
200,000 11/14/06 3.060% FHLB 3.060 11/14/06 (Matured) 3133X6PD2 0.00
ISO Collateral Account
Every 30
300,000 Days 0.050% Certificate of Deposit 300-0311658 312,516.43
1,975,001 04/07/07 3.748% Certificate of Deposit 061-5202840 2,282,970.47
Covington Endowment
Money Market Mutal Funds WFB 12847554 12,039.41
100,000 06/29/09 4.200% Certificate of Deposit - 25467JG21 WFB 25467JG21 100,000.00
TOTALS 5103 1 52.88
CITY OF AZUSA TREASURER'S REPORT
TREASURY INVESTMENTS APRIL 30, 2008
prepared by: Marcene Hamilton,Treasurer
Coupon Maturity Sedlemeat Marital,Price
Broker Face Amount Description Coupon
Date ActuCusip No. Date PrindpaP (Chen... Market Value"
Monthly)
City of Azusa Inveshnents-AAA Rated Federal Agency Bonds
WFB 2000000.00 FHLB 4300 D7/14109 0300% 07114103 3133XCO03 07114105 2000000.00 101.701000 2,035.620b
GiMON 200000000 FHLB 4.20012/15109 0200% 1915019 jllj"t�3
XSN48 1915104 2000000.00 102.003000 204126000
Hi ins 2,000,000,00 FHLB 5500052B110 5.500% 0520!10 D[FPV2 0520106 2000D(0.00 100.250000 200500000
Gilforal 200000000 FHLB 55000625110 5.500% 0625/10 XLBSI 0)11110) 1998040.00 100.500000 101000000
Wachovia 2000000.00 FFCB 4]50 1415112 4750% ID/15/10 1X6X5 1029.) 2002400.00 101.063000 2021260.00
Wachovia 2009000.00 FHLB 51251124110 5.12% linVID X WS1 05!24!0) 1995000.00 101.59400( 20]1880.00
Hi in 2000.000.00 FHLMC 5.2500284111 5250% 02114111 X4N56 M14M 198264000 102213000 2044260.Wachovia 2000000.00 FNMA 575006109/11 5)50% 0029111 OMPBO OGg3w 290000000 100.313000 209626000
Wachovia 1 2(00000.00 1 FFCB 5.2DO 1403111 5.200% 10103/11 31331X4VI 10100107 200000000 101.281000 2015620.00
Wechavia 2000000.00 FHLB 52WlUl4111 5.250% 10114/11 3133XHU5 05109107 199960000 101A06000 2020120.0
Gilford 1000000.00 FHLMC 5.2001417!11 5.200% 1011)111 3128X6PZ3 10117107 100000000 101.399000 101399D.DD
Wachovia 100000000 FHLB 4.9001111VI 1 4.900% 1111411 3133%N6M6 12/12107 100062500 100.094000 100094D.D0
Wachovia 1000000.00 FHLB 4.62512119111 4.625% .1919111 -31MXM26 1919107 1000000.00 101.310000 1013130.00
Gilford 1000000.00 FFCB 40501227/11 4.050% 427111 31331YKD1 1914107 1000000.00 100.4]8000 1.004.38100
Hi in 20D0D0000 FHLB 3.55001/11012 3.55D% 01.412 3133XPD43 01130100 2000000.00 100.108000 2003760.00
H' ins 20000((.00 FHLB 5.1250320112 5125% 03x10012 3133XKD44 03nDM7 2000000.00 102.013000 205fi26000
H' ins 20000D000 FHLB 52500521!12 535D% 0581112 3133XKWM3 0521107 2000000.00 103.313000 2066260.00
Hi 2000000.00 FHLB 5.25005 V12 5150% 0529/1] 3133XKUL7 0822107 1999500.00 103.344000 2068880.00
Gilford 10.0000.00 FHL85.25U 1=4112 Ste Up 5.250% IM4112 3133XMNOD ID27107 99900(.(0 101.219000 101219000
Gilford 1000000.00 FHLB 5.00(1211814 5000% 1918112 3133XNT56 1918107 1000000.0 101.625001 1016 50.00
WFB 2,000,000,111) FHL04.200012413 4.200% 0129/13 3133XML6 012928 20000(10.00 101.180DOD 2023)60.00
WFB 2000000.DD FHLB 4.350012413 4350% m20113 3133XNYL7 012408 2000000.00 101 375D 2027500.00
Gilford 2000000.00 FHW 4.125=0113 4.125% 0=0113 3133XPPY4 0221008 1999000.00 10DA690M 200938000
Wachovia 2000000.00 FHLB 4.25003/13113 4.250% 091913 1 3133XPY40 03/13108 2DOD000.00 101.281000 2,025,62000
WF8 2050900.00 FHLB 3.4400183!12 3.440% 012912 3133% STO 0423108 2DODODD.00 100.344000 200688000
Gilford 2000000.00 FHLB 4,200 Q4113 4200% 0424113 3133%GMN9 4124108 2000000.00 100.600000 201])6000
Higgins 2000(00.00 FHLB 855042412 3.550% 0U24112 3133X0U83 0424108 2000000.(0 100.375000 2000500.00
TOTALS X48000 Oo000 -r0. 4 ' ^;_X'1•$. "F £<5 010 " �: ;{{.#1,N�<l;9)580500sL '.rv'jkq ,48,811;!80:00'
WFB CITY ','?:.THOFO PARK CIISTODNL TRUST ACCT ay_32200%- WA .,a: NIA' -, _a fIlAjjl 3_1,52516492 xy�-,10 0.00(000 X1;525;154:92
Light It Water Rate Idealization Fund Investments - AAA Rated Federal Agency Bond.
Himains 300000000 1113.550012412 1 3.550% 1 01131012 I 3133XPD43 I MMO100 1 3000000.00 100.188000 300564D.D0
Wachovia ]DDD OD000 FHLB 41500129113 4.150% 0129111 3130XNZC6 0129100 3000000.00 101.531000 304593D.00
Wach.via3215000.00 FHLB 4.00�00245a120113 4000 0220113 3133XPKV5 0220108 3215000.00 IDD.719000 3230115.85
TOS215_600
21500000 ': 9,RB9,685.03
WFB LIM -Ia THIRD'PARTY CUSTODIAL TRUST ACCT *2 X21804' NIA '. NIA' ." +NIA t1 1,91910'100.(00000 v ,ysyt�d;992.34
-LAIF CITY =I` LOCACAGENCY INVESTMENTfUND� fi , 5.4(rod NIA - NIA 7 -NIA +;]9,0228,51318 3'i DD.000000 819,018-,51348
TOTAL INVESTMENTS IN FEDERAL AGENCIES,WFB INSTITUTIONAL TRUSTS,and LAIF 77,749,405,461 1
78,466,006.30
INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From July 1,2007) 2,928,627.39
'The"Principal'column re0ecis the balance on Inc Iasi day of Ne month orthe Tisloriml cost spent to purNase u severity.
'4h,W.rket Value is the mrrem rife alwhiU,a se can be leaded or sob.
Tree-Rep.Ap9700a 5119206 635PM
CITY OF AZUSA TREASURER'S REPORT
INVESTMENT INTEREST EARNINGS Thru April 30,2008
Prepared by: Marcene Hamilton,Treasurer
Schetluletl Scheduled Interest
Face Amount Net Amount Coupon Maturity Acct/Cusip No. Payment 200712008 Seml-Annual Received
Rate Date Schedule Interest Payment Fiscal Year
Earnings Amount to Date'
City of Azusa Investments - AAA Rated Federal Agency Bonds
1,000,000 w 7.5.1,001,841:57, 5 300%. = CALLED ' .: *3128X4Z61 '10111&4/19' - 76,500'Id. :26,500' 26,500.00
*,A,000,D00. .'.1,000,00b:00� 5.450%...BALLED .'�e. 728X66R5 ;i�l t/ih8fi/145, ..29250x:.,,. 27,26o- 27,250.00
2,000,000 - -2 000.00-D-00 CALLED 7133XMZ87 ;.'
`y pE:;gZG
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CIN COUNCIL
FROM: ROBERT B. GARCIA, CHIEF OF POLICE
VIA: F.M. DELACH, CITYMANAGER/tt"
DATE: JUNE 2, 2008
SUBJECT: PURCHASE OF EIGHT POLICE VEHICLE LIGHT BARS
RECOMMENDATION
It is recommended that the City Council approve the purchase of eight (8) .
Code-3, 2100 Series emergency light bars to the lowest responsible bidder,
Espino's Cop Shop Inc., 9851 Eighth Street, Suite M, Rancho Cucamonga, CA
91730, in the amount of $15,432.42
BACKGROUND
On October 1 , 2007, the City Council approved the Police Department's
purchase of seven new emergency light bars. The purchase of the requested
light eight (8) light bars would replace the aged bars in the remainder of the
marked black and white patrol fleet. The lights bars in need of replacement are
more than six years old and frequently need service and repair. Said service
and repair is time consuming and is becoming costly. Moreover, the new light
bars have a five year warranty and will provide for uniformity of appearance and
operation in the patrol Fleet.
The Police Department contacted three reputable companies for the purchase
of the Code 3, 2100 Series emergency light bars and received the following
written quotes/bids to purchase the eight light bars.
1 . Espino's Cop Shop (City of Rancho Cucamonga) $15,432.42
2. 10-8 Retrofit (City of La Verne) $15,882.44
3. Communication Center (City of Glendora) $25,670.85
FISCAL IMPACT
The purchase of these eight light bars will be funded from the Police
Department's Capital Outlay — Equipment Replacement Account, No. 46-20-
310-000-7135.
Prepared by:
Sam Gonzalez, Captain
Sam Jauregui, Jail, Fleet and Facility Coordinator
s
ti oFi�u
�'4UFORN�P' ;
CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: VERA MENDOZA, CITY CLERK
n
VIA: F.M. DELACH, CITY MANAGER
DATE: JUNE 2, 2008
SUBJECT: 2008 MANDATORY REVIEW OF CONFLICT OF INTEREST CODES.
RECOMMENDATION:
It is recommended to direct staff to conduct the review and submit required Biennial
Report.
BACKGROUND:
Pursuant to State Law, we are required to review the City's Conflict of Interest Codes in
order to determine if it is necessary to update them. We will review the codes and then
file a "Biennial Report" (Statement of Review) with you at a later date.
FISCAL IMPACT:
None.
Prepared by C. Toscano, Assistant City Clerk
BEST BEST & KRIEGER
ATTORNEYS AT LAw
INDIAN WELLS SACRAMENTO
(760)568-2611. 3750 University Avenue,Suite 400 (916)325-4000
— Post Office Box 1028
IRVINE Riverside, California 92502-1028 SAN DIEGO
(949)263-260D (619)525-130D
(951)686-1450 —
LOS ANGELES (951)686-3083 Fax WALNUT CREEK
(213)617-8100 88Klaw.com (925)977-3300
ONTARIO
(909)989-8584
Dianna Marie Valdez
(951)826-8252
DiannaMarie.Valdez@bbklaw.com
May 7, 2008
TO: CITY MANAGERS
FROM: BEST BEST & KRIEGER LLP
RE: 2008 MANDATORY REVIEW OF CONFLICT-OF-INTEREST CODES
This is a reminder that 2008 is a mandatory review year for all public agencies to review
their conflict-of-interest codes, file Biennial Notices with their code-reviewing bodies, and
update their conflict-of-interest codes, if necessary.
On or before July 1, your City Council, as the City's code-reviewing body, must notify
you of this and direct you to review the City's Code. If you have not done so already, it is
suggested that you place this item on your agenda as soon as convenient, but in no event later
than July 1, 2008. You will then have until October 1 to complete your code review and file
your Biennial Notice with your City Clerk reflecting the results of your review. If you find that
you are required to update your Code you will have 90 days after the filing of your Biennial
Notice to complete the amendment and submit it to the City Council for approval.
(Gov. Code § 87306.5)
Throughout the summer and fall, we will be assisting clients with these reviews and any
necessary updates. If you participate in BBK's Update Program - Project 1, we will be
contacting your filing officers directly for certain specifics regarding your list of designated
employees and the filing of your Biennial Notice. Meanwhile, if you have any questions
regarding the 2008 biennial review process, please contact our conflicts of interests and ethics
coordinator, Dianna Marie Valdez, or your principal lawyer here.
Also, please contact Dianna if you are not currently a participant in our Update Program -
Project 1 but would like to participate for this code-review cycle.
MICHAEL T. RIDDELL
cc: City Clerks/Filing Officers
R V PUB\D V ALDEZ\748649.2
2008 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Office Phone No:
E-mail: Fax No:
This agency has reviewed its conflict-of-interest code and has determined that:
❑ An amendment is required. The following amendments are necessary:
(Check all that apply.)
O Include new positions(including consultants)that must be designated.
O Delete positions that manage public investments from the list of designated positions.
O Revise disclosure categories.
O Revise the titles of existing positions.
O Delete titles of positions that have been abolished.
O Other (describe)
❑ Code is currently under review by the code-reviewing body.
❑ No amendment is required.
The agency's code accurately designates all positions that make or participate in the making of governmental
decisions;the disclosure categories assigned to those positions accurately require the disclosure of all
investments,business positions,interests in real property,and sources of income that may foreseeably be
affected materially by the decisions made by those holding the designated positions;and the code includes all
other provisions required by Government Code Section 87302.
Signature of Chief Executive Officer Date
Complete this notice regardless of how recently your code was approved or amended.
Please return this notice no later than October 1,2008,to:
(PLACE RETURN ADDRESS OF CODE-REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
Fair Political Practices Commission
426 J Street,Suite 620,Sacramento,CA 95833
For Technical Assistance: (866)ASK-FPPC
1 N
NLZ>
CONSENT CALENDAR ITEM
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES
VIA: F. M. DELACH, CITYMANAGER,,,qA0
DATE: JUNE 2, 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 ZACATECAS PARK PLAYGROUND EQUIPMENT DEVELOPMENT PROJECT
RECOMMENDATION:
It is recommended that City Council adopt a resolution in support of the subject project.
BACKGROUND:
On January 17, 2008 the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
(SGRMC) received grant applications from the City of Azusa. After an initial review, this
application was 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. Staff attended a grant application
workshop on April 22, 2008, hosted by the SGRMC, and was instructed at that time that the
attached resolution would be an integral component of the ensuing application process.
The adoption of the resolution furthers the City's goal of adding the playground equipment at
Zacatecas Park. This project is proposed in the 2008-09 CIP Budget, however the application
deadline (June 6, 2008) dictates that the adoption of this resolution precede the consideration of
the 2008-09 CIP Budget.
FISCAL IMPACT:
There is no fiscal impact as a direct result of the adoption of this resolution.
Attachments: Resolution and Notification Letters to the City from the SGRMC.
08-060
<Ww+<.•. P M.l fuav+' AQ�ri FhM AVX
CAl1FOANIA RtFOUACFS AGENCY
Coverning Board o('the March 28i 2008
Conscrvanoy
Dan Arright,Chair
Caami Basin R'mu Assoozoida
I'raak Colonna.Vice Clam, Joe,Jacobs
En,mmmnnol Nblin hloamn City,ofAzusa
Liiad.Adams
Sm n. 32UN'.Orange Place
s
cm,rnda end,omnaawl'rot<aiai Azusa,CA:91702.
AFo[.
(Jonas Bennnc
San cmbrlel vnllcy Cmmcil of
Cmennnmt,
Mika Clansman
se.,arvf Rt,amws RE: Zacatecas Park Playground Development
R..,.A,,co,,
Dmd De Jesus
San Gabiid Vniky Wale AUW iafion
Michael C.Gon st
Ui,«lar
Dq anmml of I'mns
Dean oms Dear Sir/Madam:
onin,Conan Di,;°w afla< Imao of -
°r" On Monday, March 24, 2008 the Rivers and Mountains
Enid Ju Re - "' -"
Snn Gabriel Vallu,Camctl of Conservancy.,.,approved Target Areasand,,.procedures,.for
°o further action on designated Tiec2"projects. The framework to
Glnnd Molina
AWks n.'Donal delineate: target areas for the Urban Lands Program was
urSaxrvisms
Pa &0,1kmrtll developed,by utilizing the RMC_Grant.Guidelines'criteria. The
Jlm
Ot,or Long ch- .Target Map.for the Urban Lands Program Area (available on
fid Wilson lineat: www.rmc.ca:poy) represents disadvantaged
Gmu.mr olio Camdl oronoom nam.
Va., communities,-which are characterized as communities with
omns,:CnannyD"isPon oflleJ o.glnof more than"30-percent youth and have less"than.80 percent of
Cilific-inClaill
Sx Officio McmbeN the state's median household income: It has been determined
Roth Cotcn,ml thatyourproject is not within the.target area and therefore will
not be considered for a Step 2 application unless you have
Uq,annmm offhde and R<cneaian
new.information regarding your protect readiness and can
Mn Drnmdll
m<Di m qualify as a Tier 1 project in. accordance with the attached
Z&A ConS"ii.an lomd policies. .
Alcx Demsmader
Disoodi g Im Ang<ks Don-an
USA.,c ,n ueu,xi„em For your information the method.used to select census tracts
Bn,m
Onagcoanrya y G.ec,N,<URa which contain only the demographic data as outlined. by the
_
'mmnas M.SiCeSon RMCiGuidelines were:as followed:
Sm,Gabriel Rhrr Miler Mauer
eenlic wemganu 1. Census 2000 'tract. data was. placed over the RMC
Ag ks NatkanM Farce.
US ro,c .;,< territory basemap. The data was derived from the Green -
Dnna1d WOUe Visions webtool'kit.
I.AC,amnl`abli wW j 2. Census 2000 tractdatais.based on median household
-
Executiye Wicor
Ildindn F'sas,inns incomes (multiple families/individuals'incomes weighted). The
San Gabriel and l.0>t'er.l.n->Angeles'Riyers.mid.Mountains Conservancy-
"GI Encante too old Sian;GabrO Cun)»n!toad•.usl,'CA 917112:
Pheme;(626)5151019•;Fax:(626)815-1269+E-mail:hfm soma nlmic.cn wv
w,YW,rmCc:M1.gov
California 2000 median household income was, derived from the American
FactFinder Fact Sheet for. California under "Economic Characteristics" as
$47,493; therefore 80 percent of the state's median household income was
calculated as $37,994. In order to select and target census tracts which had
both RMC criteria, a query 'definition wasdeveloped based on median
household incomes less than $37,994 and youth population greater than 30
percent.
3. The following query definition was developed using ArcMap 9:2:
"Youth Pct" >= 29.5 AND "Med—HH—Ind' <= 37994, which selected only
census tracts with both RMC criteria; census tracts with less than 80 percent of
the state's median household income and youth population. greater than 30
percent,
4. Theselected census tracts were denoted on the map as brown areas.
Maps including the project point data are available on our web site at:
www.rmc.ca..qov.
Those Tier 2 applicants 'that fall outside of the.Urban Lands program target
areawill only be invited to submit 4, Step :2 application if: the applicant
provides acceptable evidence that the project is-project ready and :meets the
previously indentifiet T'ier.1 criteria::
The Tier 1 criteria are-as follows:
Tier 1 projects are those ready for immediate :implementation that meet the
following criteria:
1. Acquisition1development projects that addNEW acreage for open space or
develops NEW areas for recreationat uses; and habitat creationLrestoration
projects, that will result in NEW habitat' opportunities or preservation of
"threatened" habitat; consistent with;fhe planning targets in the Greater Los
Angeles County Integrated Regional WaterManagement Plan
2. For acquisition projects, compelling evidence> of a willing seller (e..g:, via a
letter of intent or option)
3. For development or.restoration projects; compelling evidence that land tenure
and all necessary permits are secured
4. Verifiable evidence that the project has sufficient funding .resources such that
the RMC grant will complete the funding package. and allow immediate
project implementation
Project applicants that believe they meet the .Tier 1 criteria must submit the
attached Designation form by May 1., 20,48 and submit the full Step 2 application by
June 6, 2008. Attached to this letter is also more information for those applicants
that feel they may .qualify for Tier 1 consideration. Project proponents that do not
meet the Tier 1 criteria are encouraged'to develop their projects further and re-
submit their application in the 2009110 grant round:
If you wish to discuss your project status with staff please contact the Urban Lands
Program Manager, Alina Bokde at (62 6) 815-1019, ext. 101. Thank you for
submitting your project for consideration.
Sincerely,
r�/.ac�ry,;ls
Belinda:V.Faustinos
Executive Officer
RESOLUTION NO.
RESOLUTION OF THE
CITY OF AZUSA CITY COUNCIL
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA CLEAN
WATER, CLEANAIR, SAFE NEIGHBORHOODS, AND COASTAL PROTECTION BOND
ACT OF 2002, 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 (PROP 84)
ZACATECAS PARK PLAYGROUND DEVELOPMENT PROJECT
WHEREAS, the people of the State of California have enacted the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002 (Proposition 40)in 2002, and the Water, Security, Clean
Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50), and the Safe Drinking Water,Water
Quality and Supply,Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84)which
provides funds for the RMC Grant Program; and
WHEREAS, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC)has been
delegated the responsibility for the administration of the grant program in its jurisdiction, setting up necessary
procedures; and
WHEREAS, said procedures established by RMC require the Applicant's Governing Body to certify by resolution
the approval of the Application before submission of said Application to the State; and
WHEREAS, the Applicant will enter into a Contract with the State of California for the Project;
NOW, THEREFORE,BE IT RESOLVED that the City of Azusa City Council hereby:
1. Approves the filing of an Application for local assistance funds from the RMC Grant Program under the
California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002
(Proposition 40) in 2002, or the Water, Security, Clean Drinking Water, Coastal and Beach Protection Act of
2002 (Proposition 50), or the Safe Drinking Water, Water Quality and Supply, Flood Control, River and
Coastal Protection Bond Act of 2006(Proposition 84); and
2. Certifies that the Project is consistent with local and regional land use plans or Programs(or if it is not,that
the project is still approved); and
3. Certifies that the Project is consistent with Common Ground and Phase HFinal Reports; and
4. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project; and
5. Certifies that the Applicant has reviewed and understands the General Requirements and General Policies in
the Rivers and Mountains Conservancy Grant Program Guidelines.
6. Appoints Joe Jacobs,Director of Recreation and Family Services as agent to conduct all negotiations,execute
and submit all documents including,but not limited to,Applications, agreements,payment requests and so on,
which may be necessary for the completion of the Project.
Approved and Adopted on the 2nd day of June, 2008.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by the City of Azusa City
Council following a roll call vote:
Ayes:
Noes:
Absent:
Vera Mendoza, City Clerk
SOWT
CONSENT CALENDAR ITEM
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES
VIA: F. M. DELACH, CITY MANAGER �.)
DATE: JUNE 2, 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, COASTALAND 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 NORTHSIDE PARK PLAYGROUND EQUIPMENT DEVELOPMENT PROJECT
RECOMMENDATION:
It is recommended that City Council adopt a resolution in support of the subject project.
BACKGROUND:
On January 17, 2008 the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
(SGRMC) received grant applications from the City of Azusa. After an initial review, this
application was 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. Staff attended a grant application
workshop on April 22, 2008, hosted by the SGRMC, and was instructed at that time that the
attached resolution would be an integral component of the ensiung application process.
The adoption of the resolution furthers the City's goal of adding the playground equipment at
Northside Park. This project is proposed in the 2008-09 CIP Budget, however the application
deadline Qune 6, 2008) dictates that the adoption of this resolution precede the consideration of
the 2008-09 CIP Budget.
FISCAL IMPACT:
There is no fiscal impact as a direct result of the adoption of this resolution.
Attachments: Resolution and Notification Letters to the City from the SGRMC.
08-059
;y"GaU
GAtrIORNff.Rf60t.'RCFS AGB:LY
Governing Board of the March 2$,.208
Conservancy _ I
Dan Arrighi,Chair
C rral Basin Nine:m5civa,ion -
Frank Colmrrat-vire Clear Joe Jacobs
Enmmmmnnol Public Memom City of Azusa
Linda Adan,s 320 N. Orange Place
Sr Ion
California Hnvimoomeat"Ata;on Azusa, CA 91702
A"a
Dents Dma,e
Seo rlalnkl\:oIL,C,..il of
Gil none
Mike C,fa,ken RE, Northside Park Pla round Development .
Nwv¢m Ayracy
David Di,Jrnn
Sin Gabriel Valley Water As bi ioa
Mi.h4cl C_Gat
Za,"annerl of F.
Des,Gmsn Dear Sirr.Madam:
O qc County Da itim oftho Leu uo of
lauwmfafnhv-
H,wmlfe On Monday, March—24, 2008 the .Rivers and ;:Mountains.. ,
Mn,(iatniel,,VnIl Cwn6l of Conservancy„approved,,:Target Areas -and .p rocedu res,,.,,.for
GaverniM rna further action on designated Tier 2 projects The framework.to
A.n,Em,Count,[Urs,u delineate target areas for the Urban Lands. Program was
Patrick D-Darned developed by utilizing,the RMC Grant Guidelines criteria. The
Ca`afLaa Ditch Target Map for the Urban Lands Program Area.(available on
Cd,u,vy d Wilson r=,Cmnrcil orcmma„cly: mline - at: www.rc'Ca.goV) represents disadvantaged
vnmat communities, which are characterized as Communities with',
om eo ot,➢msio arart.rarb=er more than 30 percent youth and have less than 80percent of
Ghlomn Cmm
cxon;,le�demne� the state's median household income.'It.has been:determined
Ruth Coleman that your project is not within the targetarea and therefore will
Dimuo not.be'considered for Step,2 application unless you have
Dera in.ni of Parti and R=emain
John Dennell,, new information regarding your project readiness- and can
cKl,r.eo„nm qualify as a Tier 1 project in accordance with the attached
w,ldiir c,nlxrwdan n,„ra policies.
Alex Muntalder
Diann 11aginm,1.Angela Dian
-
USnlm,Cory offpginm` For your information the method used to:select census tracts
0."Crai"I` which contain only the demographic data as outlined b the
ore,.clan.fa I,roeofrn Y . _ Y .
Thorns A Stan.. RMC Guidelines were as followed:
San Gabriel ItNer Wmcrldaner -
Hemi,Weinpri t 1. Census- 2000 tract data was placed over the RMC
US r.m mioml Pore,
usi,,,sm.;u territory basemap. The data was derived from the Green
Dnnmd wnlfe Visions webtool kit:. _
Fxrety ePabbe:W, 2. Census 20,00.tract data is based on median household
Bx.d.I-a onicer .
�;,,da.:„„s,;,,a incomes (muttiple'famllies/individuals' ihcomesrweigh4ed), The
San Gabriel m,d"LON•crl,osAngcics Hives and k4omtmhts Conservancy
"El Erman"100 Old San Gabriel Cantron Road•Ap a,CA9170?.
Phone.(626):815-1019•Fit.;(62618,15-1269 4 E-mail'hfaiui roe arhln�ca:ei,y
N4tKv.rmc.ragov
California 2000 median household income was derived from the American
FactFinder Fact Sheet for California under "Economic Characteristics" as
$47,493; therefore 80 percent of the state's median household income was
calculated as $37,994. in order to select and. target census tracts which' had
both RMC criteria, a• query definition was developed based on median
household incomes less than $37,994 and youth population greater than 30
percent.
3. The following query definition was developed using ArcMap 9.:2:
"Youth_Pct" >= 29:5 AND "Med—HH—Ind" <= 37994, which selected only
census tracts with both RMC criteria.; census tracts with less than 80 percent of
the state's median household income and youth population, greater than 30
percent;
4. The selected census tracts were denoted on the map. as brown areas.
Maps including the :project point data are available on our web site at:
www.rmc.ca.gov.,
Those .Tier 2 applicants that fall.outside of the:'Ur!ban Lands program target
area will only be invited .to submit 'a Step 2 application. if the applicant
provides acceptable evidence that the p.rolect is project ready•and :meets the
pre viously:indenti#ied Tiet-I criteria:
The Tier 1 criteria are asfollows;
Tier 1 .projects are those ready for immediate .implementation that 'meet the
following,criteria:
1. Acquisition/development projects that add NEW acreage .for open space or
develops NEW areas for recreational uses; and habitat creation/restoration
projects that: will :result in NEW habitat opportunities .or preservation of
"threatened" habitat, consistentt withthe planning targets in the Greater Los
Angeles County Integrated Regional WaterManagement:Plan
2. For acquisition projects, compelling evidence of:a willing seller (e.g., via a
letter of intent or option)'
3. For development or restoration projects,compelling evidence that land.tenure
end-all necessary permits are secured
4. Verifiable evidence that the project has sufficient funding resources such that
the RMC grant will complete- the funding .package and allow immediate
project implementation
Project applicants that believe they meet the Tier 1 criteria must 'submit the
attached Designation form.by May 1,200a and submit the full Step 2 application by
June 6, .2008. Attached to this letter is also more information for those applicants
that feel they may qualify. for Tier 1 consideration. Project proponents that do not
meet the Tier 1 criteria are encouraged to develop their projects further and re-
submit their application in the 2009110 grant round.
If you wish to discuss your project status with staff please contact the Urban Lands
Program Manager, Alina Bokde at (626) 815=1019, ext. 101. Thank :you for
submitting your project consideration.
Sincerely,
�a-iw. "S
Belinda U.Faustihos
Executive Officer
RESOLUTION NO.
RESOLUTION OF THE
CITY OF AZUSA CITY COUNCIL
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA CLEAN
WATER, CLEAN AIR, SAFE NEIGHBORHOODS, AND COASTAL PROTECTION BOND
ACT OF 2002, 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 (PROP 84)
NORTHSIDE PARK PLAYGROUND DEVELOPMENT PROJECT
WHEREAS, the people of the State of California have enacted the California Clean.Water,Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002 (Proposition 40) in 2002, and the Water, Security, Clean
Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50), and the Safe Drinking Water,Water
Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84)which
provides funds for the RMC Grant Program; and
WHEREAS, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy(RMC)has been
delegated the responsibility for the administration of the grant program in its jurisdiction, setting up necessary
procedures; and
WHEREAS, said procedures established by RMC require the Applicant's Governing Body to certify by resolution
the approval of the Application before submission of said Application to the State; and
WHEREAS,the Applicant will enter into a Contract with the State of California for the Project;
NOW,THEREFORE,BE IT RESOLVED thatthe City of Azusa City Council hereby:
1. Approves the filing of an Application for local assistance funds from the RMC Grant Program under the
California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002
(Proposition 40) in 2002, or the Water, Security, Clean Drinking Water, Coastal and Beach Protection Act of
2002 (Proposition 50), or the Safe Drinking Water, Water Quality and Supply, Flood Control, River and
Coastal Protection Bond Act of 2006(Proposition 84); and
2. Certifies that the Project is consistent with local and regional land use plans or Programs (or if it is not,that
the project is still approved); and
3. Certifies that the Project is consistent with Common Ground and Phase Il Final Reports; and
4. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project; and
5. Certifies that the Applicant has reviewed and understands the General Requirements and General Policies in
the Rivers and Mountains Conservancy Grant Program Guidelines,
6. Appoints Joe Jacobs,Director of Recreation and Family Services as agent to conduct all negotiations, execute
and submit all documents including,but not limited to, Applications, agreements,payment requests and so on,
which may be necessary for the completion of the Project.
Approved and Adopted on the 2°d day of June, 2008.
I,the undersigned, hereby certify that the foregoing Resolution was duly adopted by the City of Azusa City
Council following a roll call vote:
Ayes:
Noes:
Absent:
Vera Mendoza, City Clerk
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL
FROM: F.M. DELACH, CITY MANAGER.,
VIA: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES
DATE: June 2, 2008
SUBJECT: NEW CLASS SPECIFICATION-PRINCIPAL CIVIL ENGINEER
RECOMMENDATION:
The Personnel Board recommends, pursuant to the City of Azusa Civil Service Rules
Section 3.3 , that the City Council adopt the classification specification for the position
of Principal Civil Engineer along with recommended salary range.
BACKGROUND:
In the FY 07/08 budget, the City Council approved a staffing plan to increase personnel
in the Engineering Division of the Public Works Department. In August, 2007 the City
contracted with Quantum Consulting on a month-to-month basis for Civil Engineering
services, while the City attempted to recruit Registered Civil Engineers. Since that time
the City has found it necessary to add a project to Quantum's' original agreement.
Furthermore increased development activity has placed additional demands on the
City for costly contracted services.
There has been, for some time, a severe shortage of Registered Civil Engineers. In the
past the City of Azusa has experienced turnover and unsuccessful, time consuming
recruitments for such vacancies. This appears to have changed. As a result of the
successful recruitment for the Assistant Director of Public Works/ City Engineer we now
have a list of qualified Registered Civil Engineers interested in City employment. The
City now has an opportunity to take advantage of this change in the job market.
This is a request to add the position of Principal Engineer (which will replace the
budgeted position of Engineer Associate). The Principal Engineer position is a
supervisory position that also requires registration. The Principal Engineer classification
is distinguished from the Associate Engineer classification by performance of the most
complex engineering tasks requiring a high degree of knowledge related to all areas of
t
engineering activities such as project management, assigning work, preparing
performance evaluations, assisting in personnel actions, and providing technical
assistance and training to other professional, technical, and field staff.
As the technical skills of the Engineering Division's staff increases, services obtained
from outside consultants will diminish accordingly. This will be a positive cost effective
change for the City.
The proposed monthly salary range for this position is range 3440..
The salary ranee would be as follows:
Step 1 $6,706.74
Step 2 $7,049.66
Step 3 $7,409.77
Step 4 $7,787.86
Step 5 $8,184.85
The classification has a community of interest with AMMA and the benefits for this
classification will be tied to the benefits provided to Azusa Middle Management
Association (AMNIA).
FISCAL IMPACT
Monies, for this new position, are available in the Public Works Department Fiscal
2007-2008 Budget, sewer fund. The new salary will be reflected in the Public Works
Department FY 2008/09 budget proposal.
r
r
e
EXHIBIT A
Date Adopted: 0-00-0000
Class Code: 3440
CITY OF AZUSA
Principal Civil Engineer
DEFINITION:
Under administrative direction, supervises and participates in a variety of professional
engineering work involving public works and performs related work as required.
CLASS CHARACTERISTICS:
This single class position reports to the City Engineer.
ESSENTIAL FUNCTIONS:
The following tasks are essential for this position. Incumbents in this classification
may not perform all of these tasks, or may perform similar related tasks not listed.
1 . Prepares designs and plans for a wide variety of public works projects which
may involve streets, traffic safety, street lighting, public buildings, sidewalks,
parking lots, or water utility facilities.
2. Administers contracts for public works projects.
3. Supervises and performs inspections on construction projects, engineering
surveys, and special studies.
4. Coordinates office engineering designs with the work of field engineering crews
and other personnel.
5. Provides technical assistance and engineering information to contractors,
developers, engineers, and members of the public.
6. Attends and participates in meetings as requested.
7. Answers public inquiries and complaints in such matters as special district
projects, assessments, and taxes; coordinates special programs as assigned,
such as street and safety lighting and sidewalks.
8. Supervises professional and technical engineering staff and represents the City
Engineer as assigned.
9. Checks plans submitted by developers for compliance with City standards and
accepted engineering practices.
10.Participates in basic administrative activities, e.g.: budgeting, planning and
program coordination associated with general operation of the department.
QUALIFICATIONS GUIDELINES:
Education and/or Experience:
Education: A Bachelor's degree in civil engineering or related engineering field.
Additional graduate training in civil engineering, engineering economics, public
administration, or related fields is required.
Experience: Four years of increasingly responsible professional civil engineering
experience involving the planning, design, and construction of major public works
projects plus one year of related supervisory experience highly desirable.
Knowledge, Skills &Abilities:
Thorough knowledge of advanced civil engineering principles and practices; the design
and construction of public facilities, field surveying, construction practices, sanitary
landfill operations, and inspection methods; engineering mathematics, mechanics,
strength of materials, and the proper use of materials in public works construction;
working knowledge of processing right-of-way acquisitions; public works
specifications, sources of engineering information, property description preparation,
and municipal laws and ordinances; administrative engineering, engineering
economics, cost accounting, budgets, personnel administration, and principles of
management and supervision.
Ability to create and design public works projects of all types; to check designs,
drafting, and specifications, and to certify as to their correctness; to perform technical
research and make detailed analysis and prepare reports; assume responsibility for an
assignment in general terms, where the objective only is given, and to conceive, plan,
and carry out a reasonable solution; draft and prepare specifications; assist in budget
preparation; supervise and coordinate the work of professional and sub-professional
engineering personnel; establish cooperative working relationships and to
communicate effectively verbally and in writing.
Special Reauiiements:
A valid certificate of registration as a Civil Engineer issued by the California State Board
of Registration for Professional Engineers and Professional Land Surveyors is required.
s
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL
FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES
L
VIA: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES
JOAN MICHAELS AGUILAR, CITY CONTROLLER
DATE: JUNE 2, 2008
SUBJECT: TITLE CHANGE AND NEW CLASS SPECIFICATION,
REVENUE SUPERVISOR
RECOMMENDATION
The Personnel Board recommends that the City Council approve, pursuant to City of
Azusa Civil Service Rules Section 3.3 and 3.9, the reclassification of staff member Andy
Cawte from Business Resource Officer to Revenue Supervisor and approve the new
class specification along with the recommended salary range.
BACKGROUND
Effective with the 2006-2007 fiscal year, business license duties and responsibilities
became apart of the Administrative Services Finance Department. In addition all
P / P
financial revenue/business license duties of the deleted Community Improvement
Manager position were transferred to the Finance Division of the Administrative
Services Department. Since that time the City Controller has been redefining the
position based upon the new duties and responsibilities related to revenue collection
for the City.
Mr. Andy Cawte has been performing in an "acting' capacity during this transitional
period. The position has now been clarified and a new job description and title that fits
the unique needs of the City of Azusa has been developed and is hereby
recommended (see attached).
The new Revenue Division implements and enforces the licensing and taxation
sections of the Azusa Municipal Code and oversees the collection of unpaid fines for
all city departments. Additional duties for the division include the investigation of new
revenue programs, coordination of the city-wide fee program, ongoing review and
update of the municipal code, (as it pertains to revenues), and the utilization and
expansion of technology resources. In addition the Revenue Supervisor has
responsibility for the supervision of the business license staff.
This classification provides a sound approach to the administration and supervision of
the business license and other revenue identification and collection issues of the City.
This position has a community of interest with the Azusa City Employees Association
(ACEA) and is within their area of representation.
The monthly salary range for this position is Range 4196: $4,647.08 - $5,606.37
FISCAL IMPACT
The fiscal impact from this title and classification change is in the current approved
Administrative Services/Finance Department budget for FY 2007-2008.
EXHIBIT A
Date Adopted: 0-00-0000
Class Code: 0000
CITY OF AZUSA
REVENUE SUPERVISOR
DEFINITION
Under general direction, manages, directs and coordinates the activities of the
Business License Division: conducts independent research to discover new or
unutilized sources of revenue: serves as a resource for city staff in resolving problems
related to revenue and collections; performs varied debt collection activities.
CLASS CHARACTERISTICS
This single position class reports to the Controller and manages the activities of the
Business License Division. The incumbent is responsible for the effective
implementation of the City's business license collection program and related City
policies. Pursues collection procedures including representing the City in small claims
court, performing post-judgment collections work and arranging mutually agreeable
payment schedules on delinquent accounts. Must have knowledge of and ability to
deal effectively with:
-Sources of revenue generation as they apply to municipalities and licensing functions,
principles of the implementation of new revenues including tracking of and pursuing
uncollected amounts.
-The interpretation of municipal codes, state, and federal laws, and various other
regulations as they apply to revenue generation and collection by a municipality.
-Modern office practices and equipment, including personal computer spreadsheets
and word processing programs.
-Principles of effective supervision, training, and performance evaluation.
-Budget preparation and monitoring practices.
-Principles of effective customer relations, including the ability to tactfully resolve
complex complaint situations.
ESSENTIAL FUNCTIONS
Directs and participates in the development and implementation of goals, objectives,.
policies, and priorities related to business licensing activities; evaluates existing
procedures and makes needed changes.
Prepares the Business License Division budget; assists in budget implementation;
assists in forecasting for additional staffing, equipment, materials and supplies;
administers the approved budget and monitors expenses.
Reviews and analyzes fiscal-related legislation for impact on the City; makes
recommendations to the Controller and/or Administrative Services Director/CFO
regarding support or opposition to the legislation; prepares relevant reports.
Assists in the development and implementation of appropriate data processing
applications, including formatting and report generation.
Revenue Supervisor
Class Specification
Responds to citizen complaints and inquiries regarding revenue-related issues.
Coordinates revenue-related activities with other City departments and outside
agencies.
Supervises division staff; trains and evaluates employees; initiates and carries out
appropriate disciplinary actions.
Authorizes collection arrangements and enforces the arrangements when necessary.
Maintains a variety of files and records, independently prepares a variety of reports
and reviews and analyzes a variety of data.
Uses a variety of specialized software to obtain public and confidential information
concerning debtors or business license violators.
Performs debt collection functions for the Administrative Fines program, including skip
tracing and lien recording.
Drives a vehicle on City business.
Represents the City in Small Claims Court as necessary related to collection of City
revenues.
Prepares reports on revenues, license, and related matters for the Controller and other
departments.
Assists in the coordination of activities of the Business License Division with other City
departments and divisions, and outside agencies.
Authorizes the removal of penalties and the issuance of credits or refunds within policy
guidelines.
Recommends and writes code revisions to achieve practical and equitable regulations;
meets with representatives of other cities to review and update information regarding
city ordinances and regulations.
Maintains statistical records and prepares reports; develops form letters for the
department; attends and participates in meetings and professional seminars related to
Business License and collection activities.
QUALIFICATIONS GUIDELINES
Education and/or Experience
Any combination of education and/or experience that has provided the knowledge,
skills, and abilities necessary for satisfactory job performance. Example combinations
may include equivalent to completion of a bachelor's degree from an accredited
college/university in business or public administration or a related field and/or five
years of experience in business licensing and revenue related work.
Knowledge. Skills and Abilities
Thorough knowledge of the organization and functions of the various agencies
involved in licensing; related federal and state laws, ordinances, rules, and regulations;
code enforcement; court etiquette and rules of evidence; general characteristics of a
wide variety of businesses; public nuisance violations; investigation techniques; office
methods and procedures; principles of supervision. Working knowledge of procedures
and completion of crime reports.
Ability to communicate clearly and concisely, both orally and in writing; research and
prepare complex reports on a variety of subjects; establish and maintain effective
relationships with the community at large, the City Council, and other public officials;
plan, direct, and coordinate revenue programs and manage a division; select, train,
supervise and evaluate employees; represent the City in a variety of meetings; make
decisions regarding operational and personnel functions; operate programs within
allocated amounts; respond to problem situations in an effective manner; understand,
explain and apply policies and procedures; analyze unusual situations and resolve
them through application of management principles and practices; enforce provisions
of the municipal code with efficiency and impartiality; deal constructively with conflict
and develop effective resolutions; plan and enforce a balanced budget and develop
new policies impacting department operations/procedures.
Special Requirements
Possession of or ability to obtain a Class C California driver's license and a satisfactory
driving record. Possession of or ability to obtain P. C. 832 certification. Possession of
a California Municipal Revenue & Tax Association Certified Revenue Officer
Certification.
1
CONSENT ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL
FROM: F.M. DELACH, CITY MANAGER , 40
VIA: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES
DATE: JUNE 2, 2008
SUBJECT: NEW CLASS SPECIFICATION— PUBLIC WORKS INSPECTOR
RECOMMENDATION:
The Personnel Board recommends, pursuant to the City of Azusa Civil Service Rules Section 3.3,
that the City Council adopt the classification specification for the position of Public Works Inspector
along with recommended salary range.
BACKGROUND:
The position of Public Works Inspector is responsible for the on-going inspection of construction
projects such as; streets, sewers, storm drainage, water lines, traffic control devices, other
construction work performed under contract with the City including earth moving operations,
placement of base materials, paving, utility placement, culvert construction, pouring of concrete,
landscaping and construction of specialized facilities.
Currently, the City is utilizing the Public Works Engineering Assistant as well as the contracted
services of Quantum Engineering for inspections. This requires use of an expensive private firm and
diverts the Engineering Assistant from other needed responsibilities. Due to the continued and
ongoing need for inspections of multiple projects, it is clear that it is in the best interests of the
City, both financially and operationally, to recommend the expansion of the Engineering Division to
include a Public Works Inspector. The amount and scope of construction throughout the City
warrants the addition of a full-time Public Works Inspector to the Engineering Division of the Public
Works Department. The City will experience a significant cost savings when compared to the
utilization of outside consultants. In the FY 07/08 budget, the City Council approved a staffing plan
that included the hiring of a Public Works Inspector.
A salary survey of the Public Works Inspector classification for the following agencies: Alhambra,
Burbank, Covina, Glendale, Glendora and Irwindale, indicates that an appropriate salary range,
consistent with the market and internal job relationships is range 8195.
The salary range is:
Step 1 $4,596.28
Step 2 $4,819.85
Step 3 $5,054.63
Step 4 $5,301.10
Step 5 $5,560.00
The classification has a community of interest with ACEA and the benefits for this classification will
be tied to the benefits provided to Azusa City Employees Association (ACEA).
FISCAL IMPACT
Monies are available, to fund this new position, in the Public Works Department, Engineering
Division for the Fiscal year 2007-2008 budget. The Public Works Department will include funding
for the new position in the department's FY 2008-2009 budget proposal.
EXHIBIT A
Date Adopted: 0-00-0000
Class Code: 0000
CITY OF AZUSA
Public Works Inspector
DEFINITION:
The Public Works Inspector is responsible for inspecting, observing, measuring, and testing
materials utilized in construction of public facilities such as streets, parks, storm drains, sidewalks,
facilities and other construction to assure compliance with City standards, codes and
specifications.
CLASS CHARACTERISTICS:
This single position classification reports to the City Engineer.
ESSENTIAL FUNCTIONS:
The following tasks are essential for this position. Incumbents in this classification may not
perform all of these tasks, or may perform similar related tasks not listed.
1. Inspects street, water, sewer, storm drainage and traffic control device construction work
performed under contract to the City including earth moving operations, placement of base
materials, paving, utility placement, culvert construction, pouring of concrete, landscaping,
and construction of specialized facilities.
2. Enforces compliance with contract plans and specifications, computes contractor work in
progress and initiates work order changes.
3. Interprets and coordinates contract provisions with contractor; inspects private
development construction work, including concrete forms placement, reinforcing steel and
fencing, and placement, consolidation and curing of concrete.
4. Enforces proper construction of storm drains, culverts, Flood control channels, catch basins,
junction structures, curbs, gutters, insures proper placement and maintenance of signs,
barricades and warning devices.
5. Recommends to supervisor acceptance of public improvements in completed private
developments.
6. Reviews plans and specifications of proposed construction; holds pre-construction
conferences.
7. Notifies affected utilities, public safety agencies, and the public regarding proposed
construction.
8. Performs final inspection and ensures completion of necessary corrections.
9. Reviews "as-built' plans for accuracy.
10. Inspects adjacent properties for damages from construction activity; coordinates inspection
with other City departments.
1 1 . Performs necessary field tests.
12. Confers with City engineering staff on design problems encountered in the field.
13. Maintains log books and records of inspection.
14. Checks materials to ensure compliance with job specifications, makes calculations in the
field and performs surveys.
QUALIFICATIONS GUIDELINES:
Education and/or Experience:
Any combination of education, training and/or experience that has provided the knowledge, skills,
and abilities necessary for satisfactory job performance. Example combinations may include an
Associate's degree with major work in civil engineering or related field and four years of increasingly
responsible experience in engineering, construction and/or survey work. Completion of APWA
Construction Inspection class or equivalent is desired.
Knowledge, Skills &Abilities:
Qualified applicants will have a general knowledge of the following:
I. Principles, methods, materials, equipment and safety hazards of construction.
2. Applicable laws, regulations, codes, and departmental policies governing the construction of
public works projects and private development.
3. Street grading operations and preparation of sub-grade.
4. Survey procedures, instruments and equipment.
5. Mathematics including algebra, geometry and trigonometry.
Qualified applicants must also demonstrate the following abilities:
I. Make accurate engineering computations, read and interpret public works plans and
specifications.
2. Establish and maintain effective working relationship with contractors, officials and the
general public.
3. Communicate effectively both orally and in writing.
4. Lift, push, and/or pull items which do not exceed 40 pounds.
Special Requirements:
Possession of a valid Class C California Drivers license and a satisfactory driving record.
f
CONSENT ITEM
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ALAN KREIMEIER, ADMINISTRATIVE SERVICES DIRECTOR-CFO
VIA: F. M. DELACH, CITY MANAGER// i4_/_)
DATE: JUNE 2, 2008
SUBJECT: ANNUAL APPROPRIATIONS LIMIT
RECOMMENDATION
It is recommended that City Council approve the attached resolution adopting the
Appropriations Limit of $45,045,512 for the 2008/09 fiscal year.
BACKGROUND
The Appropriations Limit is a state-mandated calculation which is required to be
approved by the City Council by July I" for the new fiscal year. The Appropriations
Limit sets the annual cap for spending tax proceeds. Based on calculations attached
to the Resolution, the City is under the cap for FY2008/09 by $17,859,343.
FISCAL IMPACT
This resolution sets the FY2007/08 Appropriations Limit at $45,045,512.
ATTACHMENTS:
Resolution No. Establishing Appropriations Limit
Exhibit "A" Calculation of Annual Appropriations limit
t
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING AN AMENDED
APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2008-09 PURSUANT TO ARTICLE X11111 OF THE
CALIFORNIA CONSTITUTION
WHEREAS, in June of 1990, the voters of the State of California enacted Proposition 1 11 , "The
Traffic Congestion Relief and Spending Limitation Act of 1990'; and
WHEREAS, this Act amended Article XIIIB of the Constitution of the State of California regarding
spending limitations of cities; and
WHEREAS, Article XIIIB of the California Constitution provides that the total annual appropriations
subject to limitation of each governmental entity, including this City, shall not exceed the appropriation
limit of such entity of government for the prior year, adjusted for changes in the cost of living or personal
income and population, except as otherwise provided for in said Article XIIIB and implementing State
Statutes; and
WHEREAS, pursuant to said Article XIIIB of said California Constitution, and Section 7900 et seq. of
the California Government Code, the City is required to set its appropriation limit for each fiscal year; and
WHEREAS, the Director of Administrative Services/CFO of the City of Azusa has caused a technical
review to be made of the documentation for the City's said appropriation limitation, and has caused the
numbers upon which the City's appropriation limit is based to be researched and said limit to be calculated;
and
WHEREAS, based on such calculations, as described in the attached documentation as Exhibit A and
B, the Director of Administrative Services/CFO has determined the said appropriation limit and, pursuant to
Section 7910 of the said California Government Code, has made available to the public the documentation
used in the determination of said appropriation limit; and
WHEREAS, the City Council elects to utilize said calculations, which are attached'for reference.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa, California, that said
appropriation limit for Fiscal Year 2008-09 shall be adopted in the amount of$45,045,512 for said Fiscal
Year.
PASSED AND ADOPTED this 2"' day of June, 2008.
MAYOR
1 HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by the City
Council of the City of Azusa at a regular meeting thereof held on the 2"' day of June, 2008.
AYES COUNCIL MEMBERS:
NOES COUNCIL MEMBERS:
ABSTAIN : COUNCIL MEMBERS:
ABSENT : COUNCIL MEMBERS:
CITY CLERK
EXHIBIT A
ANNUAL APPROPRIATIONS LIMIT CALCULATION
FOR FISCAL YEAR 2008/09
Inflation Factor (selected higher of the following):
Growth in the 4.29% State 1.0429 Factor
California per Department of
capita personal Finance
income
Growth in the 6.93% Hdl Coren& 1.0693 Factor Selected for
non-residential Cone Calculation
assessed
valuation due to
new
construction
within the City
Population Factor (selected higher of the following):
City 0.75% State 1.0075 Factor
Department of
Finance
County 0.86% State 1.0086 Factor Selected for
Department of Calculation
Finance
Annual Linits Calculation:
Appropriations Limit for FY 2007/08: $41,766,817 (A)
Adjustment factors for Fiscal Year 2008/09:
Inflation Factor(B) Population Factor(C)
1.0693 1.0086
Combined Factor(B times C)
1.07850 0.07850 (D)
Adjustment for inflation and population (A times D): 3,278,695
Appropriations Limit for Fiscal Year 2008/09: $45,045,512
EXHIBIT B
APPROPRIATIONS SUBJECT TO THE ANNUAL LIMIT
FOR FISCAL YEAR 2008/09
A. PROCEEDS OF TAXES
Property Tax $8,708,500
Non-Property Tax 14,841,009
Licenses and Permits 1,897,250
Intergovernmental Revenues 350,000
TOTAL PROCEEDS OF TAXES 25,796,759
B. EXCLUSION 0
C. NET INVESTED PROCEEDS OF TAXES 25,796,759
D. INTEREST ALLOCATION 1,389,410
E. APPROPRIATIONS SUBJECT TO LIMIT 27,186,169
F. APPROPRIATIONS LIMIT FOR FY 2008/09 (EXHIBIT A) 45,045,512
G. FY 2008/09 APPROPRIATIONS OVER/(UNDER) LIMIT $ (17,859,343)
v .
I oil
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: F.M. DELACH, CITY MANAGER
DATE: JUNE 2, 2008
SUBJECT: APPROVAL OF DRAFT RESOLUTIONS FOR APPLICATION OF RIVERS AND
MOUNTAINS CONSERVANCY GRANTS
RECOMMENDATION
It is recommended that the City Council review and approve the attached draft resolutions
for the application of Rivers and Mountains Conservancy (RMC) grants related to open
space, trails and greening opportunities in the City of Azusa.
BACKGROUND
Attached are two draft resolutions for the City Council to consider. Ms. Suzanne Avila with
California Resource Connections has provided two draft resolutions that are for the following
projects:
1 . Purchase of the Romvary Property
2. Geology Park at the donated Vulcan Property (Sierra Madre and Todd).
Staff's only concern at this time is that the geology park may be located adjacent to a staff
proposed street sweeping transfer station. Currently Public Works uses a site adjacent to
Zacatecas Park for the transfer of street sweeping refuse and the collection/storage of
shopping carts. It has been discussed internally that the transfer station should be moved to
allow for more parking at Zacatecas Park and the donated Vulcan site is being reviewed as a
potential site.
The attached resolutions need to be reviewed and approved by the City Council by June 6,
2006, or the City will miss an opportunity to apply for the grants. The formal resolutions of
approval will be brought forth to the City Council at a later date.
FISCAL IMPACT
None at this time
Draft Resolution
Resolution No:
USA
RESOLUTION OF THE CITE OF 4ZCITY COl3iJCJL APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE
CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOODS, AND
COASTAL PROTECTION BOND ACT OF 2002, 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 (PROP 84)
For Azusa z8omvary Acquis ora
WHEREAS, the people of the State of California_ have enacted the California
Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002
(Proposition 40) in 2002, and the Water, Security, Clean Drinking Water, Coastal and
Beach Protection Act of 2002 (Proposition 50), and the Safe Drinking Water, Water
Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006
(Proposition 84) which provides funds for the RMC Grant Program; and
WHEREAS, the San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy (RMC) has been delegated the responsibility for the administration of the
grant program in its jurisdiction, setting up necessary procedures; and
WHEREAS, said procedures established by RMC require the Applicant's
Governing Body to certify by resolution the approval of the Application before
submission of said Application to the State; and
WHEREAS, the Applicant will enter into a Contract with the State of California for
the Project;
NOW, THEREFORE, BE IT RESOLVED that the q of.°Azusa Ci-
hereby:
1. Approves the filing of an Application for local assistance funds from the RMC
Grant Program under the California Clean Water, Clean Air, Safe Neighborhood
Parks, and Coastal Protection Act of 2002 (Proposition 40) in 2002, or the Water,
Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002
(Proposition 50), or the Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Bond Act of 2006 (Proposition 84); and
2. Certifies that the Project is consistent with local or regional land use plans or
Programs (or if it is not, that the project is still approved); and
3. Certifies that the Project is consistent with Common Ground and Phase II.Final
Reports; and
4. Certifies that the Applicant has or will have sufficient funds to operate and
.maintain the Project; and
5. Certifies that the Applicant has reviewed and understands the General
Requirements and General Policies in the Rivers and Mountains Conservancy
Grant Program Guidelines.
6. Appoints the :ssisfarit CityManager as agent to conduct all negotiations,
execute and submit all documents including, but not limited to, Applications,
agreements, payment requests and so on, which may be necessary for the
completion of the Project.
Approved and Adopted on theday of 2008.
I, the undersigned, hereb certify that the foregoing Resolution was duly adopted by IF
Cit , f usa�City,"Council following a roll call vote:
Ayes
Noes
Absent
�CIerK„)`
Draft Resolution
Resolution No:
RESOLUTION OF ETRE CITY Of AZUSAF CITYCOUNCIL APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE
CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOODS, AND
COASTAL PROTECTION BOND ACT OF 2002, 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 (PROP 84)
For Azusa - GeologyPark Development
,r
WHEREAS, the people of the State of California have enacted the California
Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002
(Proposition 40) in 2002, and the Water, Security, Clean'Drinking Water, Coastal and
Beach Protection Act of 2002 (Proposition 50), and the Safe Drinking Water, Water
Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006
(Proposition 84) which provides funds for the RMC Grant Program; and
WHEREAS, the San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy (RMC) has been delegated the responsibility for the administration of the
grant program in its jurisdiction, setting up necessary procedures; and
WHEREAS, said procedures established by RMC require the Applicant's
Governing Body to certify by resolution the approval of the Application before
submission of said Application to the State; and
WHEREAS, the Applicant will enter into a Contract with the State of California for
the Project;
NOW, THEREFORE, BE IT RESOLVED that he C of Azummsa',,City Counc+l
hereby:
1. Approves the filing of an Application for local assistance funds from the RMC
Grant Program under the California Clean Water, Clean Air, Safe Neighborhood
Parks, and Coastal Protection Act of 2002 (Proposition 40) in 2002, or the Water,
Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002
(Proposition 50), or the Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Bond Act of 2006 (Proposition 84); and
2. Certifies that the Project is consistent with local or regional land use plans or
Programs (or if it is not, that the project is still approved);"and
3. Certifies that the Project is consistent with Common Ground and Phase 11 Final
Reports; and
4. Certifies that the Applicant has or will have sufficient funds to operate and
maintain the Project; and
5. Certifies that the Applicant has reviewed and understands the General
Requirements and General Policies in the Rivers and Mountains Conservancy
Grant Program Guidelines.
6. Appoints theAssistant Cituvarnager as agent to conduct all negotiations,
execute and submit all documents including, but not limited to, Applications,
agreements, payment requests and so on, which may be necessary for the
completion of the Project.
Approved and Adopted on the day of. 2008.
I, the undersigned hereby certify that the foregoing Resolution was duly adopted by e
City o..#Azusa.City Council following a roll call vote:
Ayes
Noes
Absent
�CIeTk',
U
°gtlgQur�P .
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURC
VIA: F.M. DELACH, CITY MANAGER*O
DATE: JUNE 2, 2008
SUJECT: REQUEST FOR LEAVE OF ABSENCE WITHOUT PAY—
OFFICE SPECIALIST II — LIGHT AND WATER
RECOMMENDATION
It is recommended that the City Council grant the request for a Leave of
Absence without pay from April 6, 2008 through July 23, 2008, in accordance
with the City of Azusa Civil Service Rules, Section 6.8, subsection 6.8. 1
Authorization.
BACKGROUND
In accordance with City of Azusa Civil Service Rules, Section 6.8 Leave of
Absence Without Pay, the City Council, upon recommendation of the City
Manager, may grant a leave of absence without pay to any employee for a
period not to exceed one year.
FISCAL. IMPACT
There is no fiscal impact.
IOINT CITY/AGENCY PUBLIC HEARING ITEM
TO: THE HONORABLE MAYOR AND COUNCIL MEMBERS/CHAIRPERSON AND AGENCY
MEMBERS
FROM: JAMES MAKSHANOFF, ASSISTANT CITY MANAGER
VIA: F.M. DELACH, CITY MANAGER/EXECUTIVE DIRECTOR
DATE: JUNE 2, 2008
SUBJECT: JOINT PUBLIC HEARING TO CONSIDER ADOPTION OF A REDEVELOPMENT PLAN
AMENDMENT FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END
REDEVELOPMENT PROJECT AND CERTIFICATION OF AN ENVIRONMENTAL IMPACT
REPORT
.RECOMMENDATION
It is recommended that:
I . The Agency Board adopt the Resolution, attached as Exhibit 1, approving the Report to
Council in connection with the Proposed Amendment and authorizing transmittal of the
Report to City Council.
2. The City Council adopt the Resolution, attached as Exhibit 2, accepting the Agency's Report to
City Council and related Environmental Impact Report ("EIR") regarding the Project Area.
3. The Agency Board and City Council conduct a Joint Public Hearing to consider the certification
of the EIR and adoption of the Plan Amendment.
After the close of the Joint Public Hearing it is recommended that the Agency Board and City Council
take the following actions:
4. The Agency Board adopt the Resolution, attached as Exhibit 3, certifying the final
Environmental Impact Report (EIR) for the Plan Amendment.
5. The City Council adopt the Resolution, attached as Exhibit 4, certifying the final Environmental
Impact Report (EIR) for the Plan Amendment.
6. The City Council adopt the Resolution, attached as Exhibit 5, electing to receive the City of
Azusa's share of the property tax revenues received by the Agency as set forth in Section
33607.5(b) of the California Redevelopment Law as a statutory pass-through payment from
the Agency for each fiscal year the Agency collects Tax Increment pursuant to the Plan
The Honorable Mayor And Council Members/Chairperson And Agency Members
Subject: joint Public Hearing to Consider Adoption of a Redevelopment Plan Amendment for the Merged Central Business District and
West End Redevelopment Project and Certification of an Environmental Impact Report -
June 2, 2008
Page 2 of 7
Amendment .from the Added Area, and electing to receive any increases in tax increment
resulting from increases in the rate of tax imposed on behalf of the City in the Project Area.
7. The Agency Board adopt the Resolution, attached as Exhibit 6, finding that the use of tax
increment allocated from the Project Area for the purpose of increasing, improving and
preserving the community's supply of affordable housing to persons and families of low- or
moderate-income and very-low income households outside the Project Area, will be of benefit
to the Project Area.
8. The City Council adopt the Resolution, attached as Exhibit 7, finding that the use of tax
increment allocated from the Project Area for the purpose of increasing, improving and
preserving the community's supply of affordable housing to persons and families of low- or
moderate-income and very-low income households outside the Project Area, will be of benefit
to the Project Area.
9. The Agency Board adopt the Resolution, attached as Exhibit 8, approving owner participation
rules, extending the rules and regulations for relocation and real property acquisition
guidelines to the proposed Plan Amendment.
10.The City Council waive reading and adopt (first reading) the Ordinance attached as Exhibit 9
approving the Plan Amendment.
BACKGROUND
California Redevelopment Law (Health and Safety Code §§33000 et seq.) (the "CRL") sets forth the
process for adoption of redevelopment plan amendments. This process commences with
establishing the survey area. On August 7, 2006, the City of Azusa ("City") initiated the process to
study the feasibility of amending the Redevelopment Plan ("Plan Amendment") for the Merged
Central Business District and West End Redevelopment Project Area ("Project Area"). On January 7, .
2008, City Council adopted a resolution establishing a survey area. This resolution established the
study areas to be considered for addition to the Project Area. Agency staff began conducting
research and studying physical and economic blighting conditions in the Project Area and the survey
area. After studying the boundaries of the survey area, the Preliminary Plan was adopted via
resolution by the Planning Commission on January 30, 2008 establishing the boundaries of the area
to be added to the Project Area ("Added Area" or "14th Amendment"), re-instating eminent domain
authority on two (2) commercial properties along Foothill Blvd. in the West End Project and
amending the Project Area's tax increment cap limit from $114.9 million to $300 million (excluding
the areas added by the 81h Amendment to the Central Business District and this 14`h Amendment).
The Draft EIR process began with the transmission of the Notice of Preparation for the Draft EIR on
February 21, 2008. The Notice of Preparation was mailed, pursuant to the requirements of CEQA, to
the State Clearing House and affected taxing entities to inform interested parties that the Agency
would serve as the lead agency in the preparation of an EIR for the proposed Plan Amendment.
The Preliminary Plan was sent to the county auditor, assessor, tax collector, and all affected taxing .
agencies with the Statement of Preparation via certified mail on February 21, 2008, as required by
Sections 33327 and 33328 of the CRL.
The Honorable Mayor And Council Members/Chairperson And Agency Members
Subject: joint Public Hearing to Consider Adoption of a Redevelopment Plan Amendment for the Merged Central Business District and
West End Redevelopment Project and Certification of an Environmental Impact Report
June 2, 2008
Page 3 of 7
On March 3, 2008, the Agency Board adopted two (2) resolutions approving the proposed Draft
Amended and Restated Redevelopment Plan and the Preliminary Report for the Plan Amendment.
These resolutions authorized the circulation of these documents to the Planning Commission, City
Council, affected taxing entities and other interested parties. The Draft Amended and Restated
Redevelopment Plan was then transmitted to the county auditor, assessor, tax collector, and all
affected taxing agencies as required by Section 33344.5 of the CRL.
To keep property owners and other interested parties from the Project Area and the Added Area
informed of the Plan Amendment process Agency staff conducted three (3) Community Information
Meetings on Saturday, September 15, 2007, Saturday, November 3, 2007, and Monday, May 12,
2008 at the Azusa Senior Center. The meetings were well attended and provided information to the
public regarding the proposed Plan Amendment and redevelopment activities of the Agency to
eliminate blight. In addition, the public was informed that as part of the Plan Amendment process
there would be a joint public hearing with the City Council and the Azusa Redevelopment Agency to
consider adoption of the Plan Amendment.
At the meeting of April 7, 2008, the City Council and the Agency adopted resolutions consenting to
and setting the joint public hearing for the consideration of the Plan Amendment to be held on June
2, 2008. The notice of the joint public hearing was published, mailed and circulated in compliance
with the CRL.
On May 28, 2008, the Planning Commission adopted a resolution finding that the Amended and
Restated Redevelopment Plan for the Project Area is in conformity with the City's General Plan.
The Draft EIR was prepared and submitted to the State Clearinghouse and filed and posted with the
Los Angeles County Clerk on April 8, 2008. The filing date initiated the mandated 45-day public
review period. In addition, the Draft EIR was transmitted to affected taxing and other agencies and
made available to the public for review at City Hall, the City Library, and on the City's website.
Though not required by CEQA, the Agency presented the Draft EIR in a public meeting at the May 13,
2008 Planning Commission meeting to increase public participation and provide the public with an
additional opportunity to comment.
SUMMARY OF PROPOSED PLAN AMENDMENT
The Plan Amendment was pursued to accomplish the following:
• Add 15.1 acres to the Project Area;
• Re-instate eminent domain authority on two (2) commercial properties along Foothill Blvd. in
the West End Project at the City's westerly border;
• Authorize the use of eminent domain in the Added Area, excluding lawfully occupied
residences;
• Increase the tax increment cap limit for the Project Area from $114.9 million to $300 million;
and
• Prepare an Amended and Restated Redevelopment Plan for the Project Area (inclusive of the
Added Area).
The Honorable Mayor And Council Members/Chairperson And Agency Members
Subject: joint Public Hearing to Consider Adoption of a Redevelopment Plan Amendment for the Merged Central Business District and
West End Redevelopment Project and Certification of an Environmental Impact Report
June 2, 2008
Page 4 of 7 _
The three main actions of the Plan Amendment are to add 15.1 acres of territory, re-instate eminent
domain authority on two (2) commercial properties and increase the tax increment limit for the
Project Area as presented in greater detail below.
The Added Area consists of two separate areas that are contiguous to the Central Business District
boundaries. The Plan Amendment will allow the Agency to address blighting conditions along Azusa
Avenue south of the 1-210 freeway, and on properties adjacent to the Civic Center. The Agency's
redevelopment efforts will address conditions of blight in the Added Area such as structural
deterioration, incompatible adjacent uses, impaired investments, and inadequate public
improvements. To the extent that specific parcels are not blighted, their inclusion in the Added Area
is deemed necessary for effective redevelopment and the provision of affordable housing.
The Plan Amendment proposes to re-instate eminent domain authority on two (2) commercial
properties located along Foothill Boulevard in the West End portion of the Merged Project Area.
These properties are immediately adjacent to the City's westerly boundaries and surround a thin,
long piece of Agency-owned land that can serve as access to the Kincaid Pit located to the south of
these properties. Re-instating eminent domain authority on these two (2) commercial properties will
allow the Agency to implement future redevelopment activities if gateway signage or other corridor
improvements are proposed, or to allow access to the Kincaid Pit if a joint redevelopment project is
proposed with the Redevelopment Agency of the City of Irwindale, the entity that owns the Kincaid
Pit.
The Plan Amendment also proposes to increase the property tax increment revenue limit to $300
million. Currently, the Redevelopment Plan limits the overall tax increment revenue the Agency can
collect to $114.9 million. This limit is projected to be reached in 2020-21 and once reached, will
prevent the Agency from receiving a share of the property tax revenue generated within the Project
Area to fund additional redevelopment and capital improvement project activities. The 8th
Amendment and this 14th Amendment to the Central Business District portion of the Project Area are
excluded from this tax increment limit amendment because these areas do not have tax increment
limits.
REPORT TO COUNCIL
Pursuant to Section 33352 of the CRL, the Agency is required to prepare a report to the City Council
("Report to Council"), which details the reasons for the Plan Amendment, provides a blight analysis,
contains a financial analysis and develops an implementation plan for accomplishing blight
elimination in the Added Area and the Project Area. The Report also provides other information that
documents the Plan Amendment process. Specifically, the Report to Council contains the following
sections, which correspond to the paragraphs of Section 33352 of the CRL:
• Reasons for the Plan Amendment and a Description of Proposed Projects and How Such
Projects Will Improve or Alleviate Blight;
• A Description of the Blighting Conditions Present in the Added Area and the Project Area;
• Five-Year Implementation Plan for the Added Area (the existing Five-Year Implementation Plan
for the Project Area is unaffected by this Plan Amendment);
• An Explanation of Why the Elimination of Blight in the Added Area Cannot be Accomplished by
Private Enterprise Acting Alone or Through Other Financing Alternatives Other Than Tax
Increment Financing;
The Honorable Mayor And Councll Members/Chairperson And Agency Members
Subject: joint Public Hearing to Consider Adoption of a Redevelopment Pian Amendment for the Merged Central Business District and
West End Redevelopment Project and Certification of an Environmental Impact Report
June 2, 2008
Page 5 of 7
• A Preliminary Assessment of the Proposed Method of Financing, Including the Economic
Feasibility of the Plan Amendment and the Reasons for the Continued Use of Tax Increment in
the Project Area;
• The Method of Relocation (The existing Method of Relocation for the Project Area is
unaffected by this Plan Amendment. The Added Area does not have any residents, so, no
low- to moderate-income residents will be affected by this Plan Amendment. It should also
be noted that the Agency's eminent domain policy to not authorize the use of eminent
domain on any residences unless requested by the property owner in writing, will apply to the
Added Area.);
• An Analysis of the Preliminary Plan;
• The Report of the Planning Commission;
• Report and Recommendation of the Project Area Committee (The Added Area does not have
any low- to moderate-income residents, so a Project Area Committee.was not required for
this Plan Amendment);
• A Statement of Conformance to the General Plan;
• Environmental Documentation;
• Report of the County Fiscal Officer;
• Neighborhood Impact Report (The existing Neighborhood Impact Report for the Project Area
is unaffected by this Plan Amendment and the Added Area does not have any residents, so a
Neighborhood Impact Report was not required for this Plan Amendment); and
• A Summary of the Agency's Consultations with Affected Taxing Entities.
The Report to Council serves as the main document for blight findings that justify the Plan
Amendment objectives to include the Added Area as a portion of the Central Business District Project
Area and to increase the tax increment cap limit from $114.9 million to $300 million in the Project
Area (excluding the areas added by the 8th Amendment and this 14" Amendment to the Central
Business District portion). Based upon the findings in the Report to Council, the goals and objectives
of eliminating blight will be served by increasing the tax increment limit for the Project Area. The tax
increment cap limit is projected to be reached in 2020-21 . At that time the Agency will no longer be
able to collect a share of the property tax revenue generated from the Project Area. This will severely
hamper the Agency's efforts to eliminate the remaining blight that exists in the Central Business
District and West End portions of the Project Area. The Report to Council demonstrates long
standing environmental issues in the Project Area and Added Area, and the residential deterioration
that was found during the field survey conducted for this Plan Amendment in the Project Area will be
difficult to reverse without the Plan Amendment.
USE OF TAX INCREMENT HOUSING SET-ASIDE FUNDS
The CRL requires at least twenty percent (20%) of all property tax increment revenue received by the
Agency be deposited into the Agency's Low and Moderate Income Housing Fund for the production,
improvement and preservation of housing affordable to very-low, low- and moderate-income
households in the Project Area. The CRL provides that these funds may be used outside of the
Added Area if the Agency and City Council each make a finding by resolution that such use will be of
benefit to the Added Area. The ability to use these funds citywide will afford the Agency maximum
Flexibility in achieving its affordable housing goals. The development of affordable housing can best
be achieved if the Agency is not limited by the constraints of developing within specific boundaries.
The West End portion of the Project Area has very little residentially zoned land, so, meeting the
requirements of affordable housing is difficult in this portion of the Project Area. The boundaries of
The Honorable Mayor And Council Members/Chairperson And Agency Members
Subject: joint Public Hearing to Consider Adoption of a Redevelopment Plan Amendment for the Merged Central Business District and
West End Redevelopment Project and Certification of an Environmental Impact Report "
June 2, 2008
Page 6 of 7
the Central Business District portion of the Project Area were judiciously designed to only include
those portions that needed Agency assistance at the time the subareas were adopted. The effect of
creating such small subareas is that affordable housing obligations often require land assemblage or
increased housing density in situations where land is difficult to assemble. The approval of the
finding of benefit resolutions by the Agency Board and the City Council will assist in adding flexibility
to the Agency's affordable housing efforts.
OWNER PARTICIPATION RULES AND METHOD OF RELOCATION
One of the biggest objectives of redevelopment activities is that the Agency will invest in projects
that will serve as a catalyst for private revitalization efforts from property owners located within the
Project Area. Section 33339 of the CRL requires the Agency to adopt owner participation rules
providing for opportunities for property owners in the Project Area and Added Area to participate in
the redevelopment and revitalization of their properties. The resolution prepared for this Plan
Amendment would extend the previously adopted owner participation rules for the Project Area to
the Added Area.
Section 33352(f) of the CRL requires the inclusion of a plan and method of relocation for the Added
Area. Section 33411 of the CRL requires that the Agency prepare a plan for the relocation of families
or persons to be temporarily or permanently displaced from housing facilities in its Project Area, and
for nonprofit local community institutions to be temporarily or permanently displaced from facilities
actually used for institutional purposes in the Added Area. However, because the Added Area does
not contain any known low- to moderate-income residents the preparation of a Method of
Relocation for the Added Area is not required at this time. The Method of Relocation for the Project
Area as previously adopted will remain unchanged as a result of this Plan Amendment.
In conformance with Sections 33352(f) and 33411.1 of the CRL, the Agency will adopt resolutions to
extend the Owner Participation Rules and Rules and Regulations for Relocation and Real Property
Acquisition, which were previously adopted in the Project Area, to the Added Area. These
documents were made available at the time the notice of the joint Public Hearing was published for
public inspection and are being included as part of the joint Public Hearing to provide another
opportunity for public comments regarding these documents.
ENVIRONMENTAL IMPACT REPORT
The Environmental Impact Report (EIR) prepared in conjunction with the Plan Amendment process
analyzed the potential impacts of the Plan Amendment, including the proposed Added Area and any
new development and infrastructure projects anticipated by the Agency. The Draft EIR evaluates the
potential environmental impacts associated with the proposed Plan Amendment for the following:
• cultural resources
• geology
transportation and circulation
• air quality
• noise
• hazards
• public services
• public utilities
The Honorable Mayor And Council Members/Chairperson And Agency Members
Subject: joint Public Hearing to Consider Adoption of a Redevelopment Plan Amendment for the Merged Central Business District and
West End Redevelopment Project and Certification of an Environmental Impact Report
June 2, 2008
Page 7 of 7
Based on the environmental assessment, potential adverse impacts are identified for cultural
resources (Native American, archaeological and historical resources), hazards (hazardous sites and
rail crossings), and solid waste disposal. Mitigation measures are included in the EIR to ensure that
the identified adverse environmental impacts to cultural resources and hazards will be reduced to
less than significant levels; however, the impact on solid waste disposal is considered an unavoidable
significant impact, as a result of the proposed closure of the Puente Hills Landfill after 2013.
The Plan Amendment does not propose uses or building intensities beyond those allowed in the
General Plan; therefore, adherence to the adopted General Plan policies will ensure that the Plan
Amendment will not create additional impacts not included in the General Plan. Where applicable,
the EIR outlines mitigation measures which will be required of future developments within the Project
Area.
JOINT PUBLIC HEARING
Prior to the City Council's consideration of the ordinance approving the Plan Amendment, a public
hearing must be held to receive testimony for and against the proposed adoption of the Plan
Amendment. Section 33355 of the CRL provides that when a City Council serves as the governing
board of the Agency, both bodies may hold a joint public hearing to receive testimony on a
redevelopment plan amendment.
The joint Public Hearing was published, mailed and posted pursuant to the requirements of the CRL.
The notice was published in the Azusa Herald once a week for four (4) consecutive weeks with a
description of the Plan Amendment, a description of the boundaries of the Added Area, a map clearly
showing the boundaries of the Added Area and other information as required by the CRL. The notice
was mailed to all affected taxing agencies via certified mail, return receipt requested on May 1 , 2008.
The notice was mailed via first class mail to all affected property owners, businesses, and residents at
least 30 days prior to this joint Public Hearing on May 1 , 2008.
In order to complete the Plan Amendment process, the public hearing should be opened and public
testimony taken. The CRL requires that if written objections are filed with the City Cleric by any
person before or during the joint Public Hearing, written responses to these objections must be
prepared and adopted by the City Council prior to adopting the Ordinance and accompanying
resolutions.
The resolutions and the Ordinance before the City Council and Agency Board are the final steps
required to approve the Plan Amendment process. The Plan Amendment process began in August
2006. After extensive research, community outreach, consultation with affected taxing entities and
consultation with the Planning Commission and Agency Board throughout the Plan Amendment
Process, Agency staff has diligently prepared the enclosed resolutions and the Ordinance for the
Agency Board and City Council's consideration. Agency staff recommends approval of the Plan
Amendment to address blighting conditions in the Project Area and Added Area, and to continue to
pursue implementation of redevelopment projects vital to the health and safety of the City of Azusa.
FISCAL IMPACT
There is no fiscal impact at this time pertaining to the Plan Amendment process.
Exhibit 1
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA BOARD
OF DIRECTORS APPROVING THE REPORT TO THE CITY COUNCIL IN CONNECTION
WITH THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT
PROJECT AND AUTHORIZING TRANSMITTAL OF THE REPORT TO THE CITY
COUNCIL
THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF
AZUSA DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, the City Council and the Redevelopment Agency of the City of
Azusa ("Agency") have undertaken the required steps for the adoption of an Amended
and Restated Redevelopment Plan ("Plan Amendment") for the Project Area, which is
the proposed 14th Amendment to Central Business District and 9th Amendment to
the West End Redevelopment Projects; and
WHEREAS, the Plan Amendment proposes to add 15. 1 acres of territory
("Added Area" or " I4`" Amendment") and increase the tax increment limit from
$114.9 million to $300 million; and
WHEREAS, a draft Redevelopment Plan for the Project Area has been prepared
in accordance with the provisions of California Community Redevelopment Law,
Health and Safety Code Sections 33000, et seq. ("Law"), and is on file in the office of
the City Clerk and available for public inspection; and
WHEREAS, in connection with the Plan Amendment, the Agency has prepared a
Report to City Council ("Report") as required by Section 33352 of the Law, which is
on file in the office of the City Clerk and available for public inspection; and
WHEREAS, the Agency has reviewed the Report and is prepared to transmit the
Report to the legislative body, the City Council, for consideration.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the
Redevelopment Agency of the City of Azusa as follows:
SECTION 1 . The Agency hereby approves the Report to the City Council as
prepared pursuant to Section 33352 of the CRL, which is attached hereto as Exhibit A.
PASSED, APPROVED AND ADOPTED this 2"d Day of June, 2008.
Chairperson
- 1 -
I HEREBY CERTIFY that the foregoing Resolution No. was duly
adopted by the Board of Directors of the City of Azusa Redevelopment Agency, at a
regular meeting hereof, held on the 2ntl day of June, 2008, by the following vote of the
Board.
AYES: DIRECTORS:
NOES: DIRECTORS
ABSTAIN: DIRECTORS
ABSENT: DIRECTORS
Agency Secretary
- 2 -
Exhibit 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING FROM THE
REDEVELOPMENT AGENCY THE REPORT TO CITY COUNCIL IN CONNECTION WITH THE
PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL
BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROSECT AREA AND RELATED
ENVIRONMENTAL IMPACT REPORT
WHEREAS, the Redevelopment Plan for the Central Business District Redevelopment
Project Area ("Central Business District') was adopted on September 18, 1978, pursuant to
Ordinance No. 2062; and
WHEREAS, the Redevelopment Plan for the West End Redevelopment Project Area
("West End") was adopted on November 28, 1983, pursuant to Ordinance No. 2196; and
WHEREAS, the Redevelopment Plans for the Central Business District and West End
Redevelopment Project Areas were merged to create the Merged Central Business District
and West End Redevelopment Project ("Project Area"), which was adopted on November
7, 1988, pursuant to Ordinance No. 2382; and
WHEREAS, on January 7, 2008 the City Council of the City of Azusa ("City Council")
directed the staff to initiate an amendment to the Redevelopment Plan by adopting a
resolution establishing a survey area; and
WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") has
undertaken the required steps for the adoption of an Amended and Restated
Redevelopment Plan ("Plan Amendment") for the Project Area, which is the proposed 14th
Amendment to Central Business District and 9th Amendment to the West End
Redevelopment Projects; and
WHEREAS, the Plan Amendment proposes to add 15.1 acres of territory, re-instate
eminent domain authority on two (2) commercial properties along Foothill Blvd. in the
West End Project and increase the tax increment limit from $114.9 million to $300 million;
and
WHEREAS, the Plan Amendment process includes an environmental impact report
that documents any potential impacts and associated mitigation measures for the
proposed Plan Amendment ("EIR"); and .
WHEREAS, the Plan Amendment for the Project Area has been prepared in
accordance with the provisions of California Community Redevelopment Law, Health and
Safety Code Sections 33000, et seq. ("CRL"); and
1
ORANGE\EHULL\42059.2
WHEREAS, in connection with the Plan Amendment, the Agency has prepared a
Report to City Council ("Report') as required by CRL Section 33352; and
WHEREAS, the Planning Commission adopted a resolution on January 30, 2008
approving the Preliminary Plan for the Amendment; and
WHEREAS, the Agency has reviewed the Report and has authorized its transmittal to
the legislative body, the City Council, for consideration; and
WHEREAS, pursuant to CRL the City Council of the City of Azusa and the Agency will
hold a joint public hearing for the purpose of receiving all evidence and hearing testimony
for and against the adoption of the Plan Amendment and certification of the related EIR.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
DOES FIND AND DECLARE THAT:
Section 1 . The City Council of the City of Azusa hereby accepts the Report from
the Redevelopment Agency in connection with the Redevelopment Plan Amendment for the
Merged Central Business District and West End Redevelopment Project Area and Related
Enivornmental Impact Report.
PASSED, APPROVED AND ADOPTED this 2nd day of June, 2008 by the City Council
of the City of Azusa.
Mayor
I HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular
meeting of said City Council on the day of 2008, by the following
vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk
2
ORANGETHULU42059.2
Exhibit 3
RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT FOR
THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT
PROJECT AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND A STATEMENT OF
OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING
PROGRAM
WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") is authorized
by the Community Redevelopment Law, Health & Safety Code Sections 33000 et seq.
("CRL") to undertake redevelopment amendments to address blighting conditions in the
City and within the boundaries of the Merged Central Business District and West End
Redevelopment Project Area ("Project Area"); and
WHEREAS, the City Council of the City of Azusa ("City Council") and the Agency have
undertaken the required steps for the adoption of an Amended and Restated
Redevelopment Plan ("Plan Amendment") for the Project Area, which is the proposed 14th
Amendment to Central Business District and 9th Amendment to the West End
Redevelopment Projects; and
WHEREAS, the Plan Amendment proposes to add 15.1 acres of territory to the
Project Area ("Added Area" or " 14`h Amendment"), re-instate eminent domain authority on
two (2) commercial properties and increase the tax increment limit from $114.9 million to
$300 million in the Project Area (excluding the areas added by the 8`h Amendment to the
Central Business District); and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") (Pub.
Resources Code, §§ 21000 et seq.), the State CEQA Guidelines (14 CCR § 15000 et seq.)
and the City of Azusa's Local CEQA Guidelines, the Agency is the lead agency for the
Redevelopment Plan, as the public agency with general governmental powers; and
WHEREAS, the Agency, as lead agency, determined that a Program Environmental
Impact Report ("EIR") should be prepared pursuant to CEQA in order to analyze all potential
adverse environmental impacts of the Project; and
WHEREAS, a Notice of Preparation of the Draft EIR ("DEIR") was posted on or about
February 22, 2008 and circulated for a period of 30 days pursuant to State CEQA
Guidelines sections 15082[a], 15103 and 15375; and
I
ORANGETHULU42089.2
ORANGETHULB42090.1
WHEREAS, pursuant to State CEQA Guidelines section 15082, the Agency solicited
comments from potential responsible agencies, including details about the scope and
content of the environmental information related to the responsible agency's area of
statutory responsibility, as well as the significant environmental issues, reasonable
alternatives and mitigation measures that the responsible agency would have analyzed in
the DEIR; and
WHEREAS, approximately seven (7) written statements were received by the Agency
in response to the Notice of Preparation, which assisted the Agency in narrowing the issues
and alternatives for analysis in the DEIR; and
WHEREAS, the DEIR was completed and released for public review on April 8, 2008,
and the Agency initiated a 45-day public comment period by filing a Notice of Completion
and Availability with the State Office of Planning and Research; and
WHEREAS, pursuant to Public Resources Code section 21092, the Agency also
provided a Notice of Completion and Availability for the DEIR to all organizations and
individuals who had previously requested such notice. Copies of the DEIR were provided to
public agencies, organizations and individuals. In addition, the Agency placed copies of the
DEIR and the Final EIR at the City Library, City Clerk's Office and the Community
Development Department; and
WHEREAS, during the 45-day public comment period for the DEIR the Agency
consulted with and requested comments from all responsible and trustee agencies, other
regulatory agencies and others pursuant to State CEQA Guidelines Section 15086; and
WHEREAS, during the official public review period for the DEIR the Agency received
approximately five (5) written comments, all of which the Agency responded to in the Final
EIR; and
WHEREAS, the Agency prepared the Final EIR and pursuant to Public Resources Code
section 21092.5, the Agency provided copies of responses to all public agency comments
on the DEIR, on or before May 23, 2008; and
WHEREAS, as contained herein, the Agency has endeavored in good faith to set forth
the basis for its decision on the EIR and the Project; and
WHEREAS, all the requirements of CEQA, the State CEQA Guidelines and the City's
Local Guidelines have been satisfied by the Agency for the Final EIR, which is sufficiently
detailed so that all of the potentially significant environmental effects of the Project have
been evaluated properly, focusing on broad policy alternatives and area wide mitigation
measures; and
2
O RANGE\EH U LLkl20 89.2
ORANGE\EHULDA2090.1
WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes both
the feasible mitigation measures necessary to avoid or substantially lessen the Project's
potential environmental impacts and a range of feasible alternatives capable of eliminating
or reducing these effects in accordance with CEQA and the State CEQA Guidelines; and
WHEREAS, State CEQA Guidelines §15093 requires that if the Project will cause
significant unavoidable adverse impacts, the Agency must adopt a Statement of Overriding
Considerations prior to approving the Project. A Statement of Overriding Considerations
states that any significant adverse project effects are acceptable if expected project
benefits outweigh unavoidable adverse environmental impacts; and
WHEREAS, the Agency fully studied the proposed Redevelopment Plan Amendment
and Final EIR, and considered all public comments on the Project; and
WHEREAS, all of the findings and conclusions made by the Agency Board of
Directors pursuant to this Resolution are based upon the oral and written evidence
presented to it as a whole and not based solely on the information provided in this
Resolution; and
WHEREAS, prior to taking action, the Agency Board has heard, been presented with,
reviewed and considered all of the information and data in the administrative record,
including the Final EIR, and all oral and written evidence presented to it during all meetings
and hearings; and
WHEREAS, the Final EIR reflects the independent judgment of the Agency Board and
is deemed adequate for purposes of making decisions on the merits of the Project; and
WHEREAS, no additional comments made in the public hearing conducted by the
Agency or any additional information submitted to the Agency have produced substantial
new information requiring recirculation or additional environmental review under State
CEQA Guidelines section 15088.5; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; and
WHEREAS, the Agency, having considered and weighed the economic, planning,
social, aesthetic, and environmental benefits of the Project against the Project's
unavoidable adverse impacts, has determined that the benefits of the Project outweigh the
potential unavoidable adverse impacts, and desires to adopt a Statement of Overriding
Considerations for the Project; and
WHEREAS, the Findings of Fact for the Plan Amendment conclude that proposed
mitigation measures outlined in the EIR are feasible and have not been modified,
superseded or withdrawn. These findings are not merely information or advisory, but
3
O RANGEEHU LLA42089.2
ORANGETHULL42090.1
constitute a binding set of obligations that will come into effect when the Agency adopts
the ordinance adopting the Plan Amendment. The adopted mitigation measures contained
within the Mitigation Monitoring and Reporting Program of the EIR are expressed as
conditions of approval. Other requirements are referenced in the Mitigation Monitoring
and Reporting Program adopted concurrently with the Findings of Fact and will be
effectuated through the process of implementing the Plan Amendment.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA,
CALIFORNIA, DOES FIND AND DECLARE THAT:
Section 1 . That the Merged Central Business District and West End Project EIR
consists of the following:
1 . Program EIR for the Plan Amendment to the Redevelopment Plan for the Merged
Central Business District and West End Redevelopment Project Area.
2. Comments and Responses to Comments.
3. Findings of Fact.
4. Mitigation Monitoring and Reporting Program.
Section 2. That the Agency does hereby find that the EIR has been prepared in
accordance with the requirements of CEQA (Public Resources Code Section 21000 et seq.),
and the CEQA Guidelines (California Code Regs. Title 14 Section 15000 et seq.).
Section 3. The Draft EIR, prepared for the proposed Amendment to the
Redevelopment Plan for the Central Business District and West End Redevelopment Project
Area, was received and considered by the Agency following the filing of the Notice of
Completion with the State Clearinghouse.
Section 4. That the EIR reflects the independent judgment of the Agency of the City
of Azusa.
Section 5. Findings of Fact and a Statement of Overriding Considerations (Exhibit
A) were considered by the Agency prior to their adoption and the Agency's certification of
the Final EIR.
Section 6. The Mitigation Monitoring Program that was prepared for the project,
was considered by the Agency prior to its adoption. The Agency hereby finds pursuant to
Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the
mitigation measures described in the above-referenced documents are feasible and will
become binding upon the entity (Agency or City) assigned thereby to implement the same.
Section 7. The Agency hereby finds pursuant to Public Resources Code Section
21081 and CEQA Guidelines 15091 that alternatives to the Project, which were identified in
the EIR, were not found to reduce impacts to a less than significant level and/or meet
4
ORANGE\EHULL\42089.2
ORANGE\EHULL\42090.1 -
Project objectives and/or were found to be infeasible based upon specific economic, social,
or other considerations.
Section 8. The Agency hereby adopts and finds that the Mitigation Monitoring and
Reporting Program is designed to ensure that, during project implementation, the Agency,
City, and any other responsible parties implement the project components and comply
with the mitigation measures identified in the Findings of Fact and the Mitigation
Monitoring and Reporting Program.
Section 9. The documents and materials that constitute the record of proceedings
on which these Findings have been based are located at the City of Azusa, 213 East Foothill
Boulevard, Azusa, California. The custodian for these records is the Economic and
Community Development Director. This information is provided in compliance with Public
Resources Code section 21081 .6.
PASSED, APPROVED AND ADOPTED this 2"' day of June, 2008 by the
Redevelopment Agency of the City of Azusa.
Chairman
I HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular
meeting of said Redevelopment Agency on the day of 2008, by
the following vote of the Board:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Agency Secretary
5
ORANGE\EHULL\42089.2
ORANGE\EHULL\42090.1
Exhibit 4
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT
REPORT FOR THE PROPOSED AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE MERGED CENTRAL
BUSINESS DISTRICT AND WEST END REDEVELOPMENT
PROJECT AND ADOPTING ENVIRONMENTAL FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, AND A STATEMENT OF OVERRIDING CONSIDERATIONS,
AND MITIGATION MONITORING PROGRAM
WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") is authorized
by the Community Redevelopment Law, Health & Safety Code Sections 33000 et seq.
("CRL") to undertake redevelopment amendments to address blighting conditions in the
City and within the boundaries of the Merged Central Business District and West End
Redevelopment Project Area ("Project Area"); and
WHEREAS, the City Council of the City of Azusa ("City Council") and the Agency have
undertaken the required steps for the adoption of an Amended and Restated
Redevelopment Plan ("Plan Amendment") for the Project Area, which is the proposed 14th
Amendment to Central Business District and 9th Amendment to the West End
Redevelopment Projects; and
WHEREAS, the Plan Amendment proposes to add 15.1 acres of territory to the
Project Area ("Added Area" or "14' Amendment"), re-instate eminent domain authority on
two (2) commercial properties in the West End and increase the tax increment limit from
$114.9 million to $300 million in the Project Area (excluding the areas added by the.8"' and
this 14`h Amendment to the Central Business District portion of the Project Area); and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") (Pub.
Resources Code, §§ 21000 et seq.), the State CEQA Guidelines (14 CCR § 15000 et seq.)
and the City of Azusa's Local CEQA Guidelines, the Redevelopment Agency of the City of
Azusa ("Agency") is the lead agency for the Redevelopment Plan, as the public agency with
general governmental powers; and
WHEREAS, the Agency, as lead agency, determined that a Program Environmental
Impact Report ("EIR") should be prepared pursuant to CEQA in order to analyze all potential
adverse environmental impacts of the Project; and
WHEREAS, a Notice of Preparation of the Draft EIR ("DEIR") was posted on or about
February 22, 2008 and circulated for a period of 30 days pursuant to State CEQA
Guidelines sections 15082[a], 15103 and 15375; and
1
ORANGE\EH ULL\42089.2
WHEREAS, pursuant to State CEQA Guidelines section 15082, the Agency solicited
comments from potential responsible agencies, including details about the scope and
content of the environmental information related to the responsible agency's area of
statutory responsibility, as .well as the significant environmental issues, reasonable
alternatives and mitigation measures that the responsible agency would have analyzed in
the DEIR; and
WHEREAS, approximately seven (7) written statements were received by the Agency
in response to the Notice of Preparation, which assisted the Agency in narrowing the issues
and alternatives for analysis in the DEIR; and
WHEREAS, the DEIR was completed and released for public review on April 8, 2008,
and the Agency initiated a 45-day public comment period by filing a Notice of Completion
and Availability with the State Office of Planning and Research; and
WHEREAS, pursuant to Public Resources Code section 21092, the Agency also
provided a Notice of Completion and Availability for the DEIR to all organizations and
individuals who had previously requested such notice. Copies of the DEIR were provided
to public agencies, organizations and individuals. In addition, the Agency placed copies of
the DEIR and the Final EIR at the City Library, City Clerk's Office and the Community
Development Department; and
WHEREAS, during the 45-day public comment period for the DEIR the Agency
consulted with and requested comments from all responsible and trustee agencies, other
regulatory agencies and others pursuant to State CEQA Guidelines Section 15086; and
WHEREAS, during the official public review period for the DEIR the Agency received
approximately five (5) written comments, all of which the Agency responded to in the Final
EIR; and
WHEREAS, the Agency prepared the Final EIR and pursuant to Public Resources Code
section 21092.5, the Agency provided copies of responses to all public agency comments
on the DEIR, on or before May 23, 2008; and
WHEREAS, as contained herein, the City has endeavored in good faith to set forth
the basis for its decision on the EIR and the Project; and
WHEREAS, all the requirements of CEQA, the State CEQA Guidelines and the City's
Local Guidelines have been satisfied by the Agency for the Final EIR, which is sufficiently
detailed so that all of the potentially significant environmental effects of the Project have
been evaluated properly, focusing on broad policy alternatives and area wide mitigation
measures; and
2
ORANGE\EHULL\42089.2
WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes both
the feasible mitigation measures necessary to avoid or substantially lessen the -Project's
potential environmental impacts and a range of feasible alternatives capable of eliminating
or reducing these effects in accordance with CEQA and the State CEQA Guidelines; and
WHEREAS, State CEQA Guidelines §15093 requires that if the Project will cause
significant unavoidable adverse impacts, the City must adopt a Statement of Overriding
Considerations prior to approving the Project. A Statement of Overriding Considerations
states that any significant adverse project effects are acceptable if expected project
benefits outweigh unavoidable adverse environmental impacts; and
WHEREAS, the City Council of the City of Azusa held a duly noticed public hearing on
June 2, 2008, at which time all persons wishing to testify in connection with the Project
were heard, and
WHEREAS, the City Council fully studied the proposed Redevelopment Plan
Amendment and Final EIR, and considered all public comments on the Project; and
WHEREAS, prior to taking action, the City Council has heard, been presented with,
reviewed and considered all of the information and data in the administrative record,
including the Final EIR, and all oral and written evidence presented to it during all meetings
and hearings; and
WHEREAS, the Final EIR reflects the independent judgment of the City Council and is
deemed adequate for purposes of making decisions on the merits of the Project; and
WHEREAS, no additional comments made in the public hearings conducted by the
City Council or any additional information submitted to the City Council have produced
substantial new information requiring recirculation or additional environmental review under
State CEQA Guidelines section 15088.5; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; and
WHEREAS, the City Council, having considered and weighed the economic, planning,
social, aesthetic, and environmental benefits of the Project against the Project's
unavoidable adverse impacts, has determined that the benefits of the Project outweigh the
potential unavoidable adverse impacts, and desires to adopt a Statement of Overriding
Considerations for the Project; and
WHEREAS, the Findings of Fact for the Plan Amendment conclude that proposed
mitigation measures outlined in the EIR are feasible and have not been modified,
superceded or withdrawn. These findings are not merely information or advisory, but
constitute a binding set of obligations that will come into effect when the City Council
adopts the ordinance adopting the Plan Amendment. The adopted mitigation measures
3
ORANGE\EHULLW2089.2
contained within the Mitigation Monitoring and Reporting Program of the EIR are expressed
as conditions of approval. Other requirements are referenced in the Mitigation Monitoring
and Reporting Program adopted concurrently with the Findings of Fact and will be
effectuated through the process of implementing the Plan Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
DOES FIND AND DECLARE THAT:
Section 1 . That the Merged Central Business District and West End Project EIR
consists of the following:
1 . Program EIR for the Plan Amendment to the Redevelopment Plan for the Merged
Central Business District and West End Redevelopment Project Area.
2. Comments and Responses to Comments.
3. Findings of Fact.
4. Mitigation Monitoring and Reporting Program.
Section 2. That the City Council does hereby find that the EIR has been prepared
in accordance with the requirements of CEQA (Public Resources Code Section 21000 et
seq.), and the CEQA Guidelines (California Code Regs. Title 14 Section 15000 et seq.).
Section 3. The Draft EIR, prepared for the proposed Amendment to the
Redevelopment Plan for the Central Business District and West End Redevelopment Project
Area, was received and considered by the City Council following the filing of the Notice of
Completion with the State Clearinghouse.
Section 4. That the EIR reflects the independent judgment of the City Council of the
City of Azusa.
Section 5. Findings of Fact and Statement of Overriding Considerations (Exhibit A)
were considered by the City Council prior to their adoption and the City's certification of
the Final EIR.
Section 6. The Mitigation Monitoring Program that was prepared for the project,
was considered by the City Council prior to its adoption. The City Council hereby finds
pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091
that the mitigation measures described in the above-referenced documents are feasible and
will become binding upon the entity (Agency or City) assigned thereby to implement the
same.
Section 7. The City Council hereby finds pursuant to Public Resources Code Section
21081 and CEQA Guidelines 15091 that alternatives to the Project, which were identified in
the EIR, were not found to reduce impacts to a less than significant level and/or meet
Project objectives and/or were found to be infeasible based upon specific economic, social,
or other considerations.
4
ORANGMEHULU42089.2
Section 8. The City Council hereby adopts and finds that the Mitigation Monitoring
and Reporting Program is designed to ensure that, during project implementation, the
Agency, City, and any other responsible parties implement the project components and
comply with the mitigation measures identified in the Findings of Fact and the Mitigation
Monitoring and Reporting Program.
Section 9. The documents and materials that consititute the record of
proceedings on which these Findings have been based are located at the City of Azusa, 213
East Foothill Boulevard, Azusa, California. The custodian for these records is the Economic
and Community Development Director. This information is provided in compliance with
Public Resources Code section 21081.6.
PASSED, APPROVED AND ADOPTED this 2"d day of June, 2008 by the City
Council of the City of Azusa.
Mayor
I HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular
meeting of said City Council on the day of 2008, by the following
vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk
5
ORANGE\EHU LL\42089.2
Exhibit 6
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA FINDING
THAT THE USE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE
MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT
WILL BE OF BENEFIT TO THE PROJECT AREA
WHEREAS, the Redevelopment Plan for the Central Business District Redevelopment
Project Area ("Central Business District") was adopted on September 18, 1978, pursuant to
Ordinance No. 2062; and
WHEREAS, the Redevelopment Plan for the West End Redevelopment Project Area
("West End") was adopted on November 28, 1983, pursuant to Ordinance No. 2196; and
WHEREAS, the Redevelopment Plans for the Central Business District and West End
Redevelopment Project Areas were merged to create the Merged Central Business District
and West End Redevelopment Project ("Project Area"), which was adopted on November
7, 1988, pursuant to Ordinance No. 2382; and
WHEREAS, on January 7, 2008 the City Council of the City of Azusa ("City Council")
directed the staff to initiate an amendment to the Redevelopment Plan by adopting a
resolution establishing a survey area; and
WHEREAS, the City Council and the Redevelopment Agency of the City of Azusa
("Agency") have undertaken the required steps for the adoption of an Amended and
Restated Redevelopment Plan ("Plan Amendment") for the Project Area, which is the
proposed 14th Amendment to Central Business District and 9th Amendment to the West
End Redevelopment Projects; and
WHEREAS, a draft Redevelopment Plan for the Project Area has been prepared in
accordance with the provisions of California Community Redevelopment Law, Health and
Safety Code Sections 33000, et seq. ("CRL"), and is on file in the office of the City Clerk
and available for public inspection; and
WHEREAS, in accordance with Section 33334.2(a) of the California Community
Redevelopment Law (Health and Safety Code Section 33000 et seq.; the "CRL") not less
than twenty percent (20%) of all tax increment revenues allocated to the Agency from the
Amendment Areas shall be used for the purpose of increasing, improving, and preserving
the community's supply of low- and moderate-income housing ("Housing Funds"); and
WHEREAS, CRL Section 33334.2(8) provides that the Agency may use Housing Funds
outside of the Amendment Area upon adoption of resolutions by the City Council and the
Agency finding that the provision of low- and moderate-income housing outside the
Amendment Area is a benefit to the Project; and
I
ORANGETHULU42052.1
WHEREAS, such authority is needed and will be a benefit to the Project because
future locations of housing for low- and moderate- income families cannot be fully
determined at this time.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE REDEVELOPMENT AGENCY OF
THE CITY OF AZUSA, CALIFORNIA, THAT:
Section 1 . Pursuant to CRL Section 33334.2(8) the Agency Board hereby finds that
the provision of low- and moderate-income housing outside the boundaries of the
Amendment Area will be of benefit to the Project because the exact extent of future low-
and moderate-income housing needs are not now known and may require more land than
is available in the Project Area.
Section 2. Pursuant to CRL Section 33334.2(8), the Agency Board hereby
authorizes the use of low- and moderate-income housing funds outside the boundaries of
the Amendment Area.
Section 3. The findings and determinations set forth herein shall be deemed final
and conclusive.
PASSED, APPROVED AND ADOPTED this 2"d day of June, 2008 by the
Redevelopment Agency of the City of Azusa.
Chairman
I HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular
meeting of said Redevelopment Agency on the day of 2008, by
the following vote of the Members:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Agency Secretary
2
ORANGE\EHULL\42052.1
Exhibit 7
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FINDING THAT THE USE
OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE MERGED CENTRAL
BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT WILL BE OF BENEFIT
TO THE PROJECT AREA
WHEREAS, the Redevelopment Plan for the Central Business District Redevelopment
Project Area ("Central Business District") was adopted on September 18, 1978, pursuant to
Ordinance No. 2062; and
WHEREAS, the Redevelopment flan for the West End Redevelopment Project Area
("West End") was adopted on November 28, 1983, pursuant to Ordinance No. 2196; and
WHEREAS, the Redevelopment Plans for the Central Business District and West End
Redevelopment Project Areas were merged to create the Merged Central Business District
and West End Redevelopment Project ("Project Area"), which was adopted on November
7, 1988, pursuant to Ordinance No. 2382; and
WHEREAS, on January 7, 2008 the City Council of the City of Azusa ("City Council")
directed the staff to initiate an amendment to the Redevelopment Plan by adopting a
resolution establishing a survey area; and
WHEREAS, the City Council and the Redevelopment Agency of the City of Azusa
("Agency") have undertaken the required steps for the adoption of an Amended and
Restated Redevelopment Plan ("Plan Amendment") for the Project Area, which is the
proposed 14th Amendment to Central Business District and 9th Amendment to the West
End Redevelopment Projects; and
WHEREAS, a draft Redevelopment Plan for the Project Area has been prepared in
accordance with the provisions of California Community Redevelopment Law, Health and
Safety Code Sections 33000, et seq. ("CRL"), and is on file in the office of the City Clerk
and available for public inspection; and
WHEREAS, in accordance with Section 33334.2(a) of the CRL not less than twenty
percent (20%) of all tax increment revenues allocated to the Agency from the Amendment
Areas shall be used for the purpose of increasing, improving, and preserving the
community's supply of low- and moderate-income housing ("Housing Funds"); and
WHEREAS, CRL Section 33334.2(g) provides that the Agency may use Housing Funds
outside of the Amendment Area upon adoption of resolutions by the City Council and the
Agency finding that the provision of low- and moderate-income housing outside the
Amendment Area is a benefit to the Project; and
1
ORANGE\EHULL\4205].2
WHEREAS, such authority is needed and will be a benefit to the Project because
future locations of housing for low- and moderate- income families cannot be fully
determined at this time.
NOW, THEREFORE, 1T IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, THAT:
Section 1 . Pursuant to CRL Section 33334.2(8) the City Council hereby finds that
the provision of low- and moderate-income housing outside the boundaries of the
Amendment Area will be of benefit to the Project because the exact extent of future low-
and moderate-income housing needs are not now known and may require more land than
is available in the Project Area.
Section 2. Pursuant to CRL Section 33334.2(8), the City Council hereby authorizes
the use of low- and moderate-income housing funds outside the boundaries of the
Amendment Area.
Section 3. The findings and determinations set forth herein shall be deemed final
and conclusive.
PASSED, APPROVED AND ADOPTED this 2nd day of June, 2008 by the City Council
of the City of Azusa.
Mayor
I HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular
meeting of said City Council on the day of 2008, by the following
vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk
2
ORANGETHULLk12051.2
i
Exhibit 8
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA BOARD
OF DIRECTORS APPROVING OWNER PARTICIPATION RULES, EXTENDING THE
RULES AND REGULATIONS FOR RELOCATION AND REAL PROPERTY ACQUISITION
GUIDELINES TO THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN
FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END
REDEVELOPMENT PROSECT
THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF
AZUSA DOES HEREBY.RESOLVE AS FOLLOWS:
WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") has
undertaken the required steps for consideration of the amendment to the
Redevelopment Plan ("Plan Amendment') for the Merged Central Business District
and West End Redevelopment Project ("Project Area"), which is the proposed 14th
Amendment to Central Business District and 9th Amendment to the West End
Redevelopment Project.
WHEREAS, the Plan Amendment proposes to add 15.1 acres of territory
("Added Area" or "14"' Amendment'), re-instate eminent domain authority on two (2)
commercial properties and increase the tax increment limit from $114.9 million to
$300 million.
WHEREAS, a draft Redevelopment Plan for the Project Area has been prepared
in accordance with the provisions of California Community Redevelopment Law,
Health and Safety Code Sections 33000, et seq. ("Law"), and is on file in the office of
the City Clerk and available for public inspection.
WHEREAS, pursuant to Sections 33345 and 33339.5 of the Law, Rules
Governing Participation by Property Owners and the Extension of Reasonable
Preference to Business Occupants ("Owner Participation Rules") were previously
prepared and adopted for the Project Area, which are on file in the office of the City
Clerk and available for public inspection.
WHEREAS, the Agency will extend the previously adopted Owner Participation
Rules for the Project Area to the 14"' Amendment to the Central Business District for
this Plan Amendment.
WHEREAS, the Agency approved the Rules and Regulations for Implementation
of the California Relocation Assistance Law and Real Property Acquisition Guidelines
("Rules and Regulations") applicable to the Merged Central Business District and West
End Redevelopment Project.
1
WHEREAS, the Agency will extend the Rules and Regulations for the Project
Area to the Added Area or this 14th Amendment to the Central Business District as
proposed in this Plan Amendment.
WHEREAS, Section 33411 of the Law provides that the Agency shall prepare a
feasible method or plan for the relocation of families, persons and nonprofit local
community institutions to be temporarily or permanently displaced from housing
facilities or facilities actually used for institutional purposes in the Added Area.
WHEREAS, the Added Area does not contain any known families, persons and
nonprofit local community institutions that will be affected by the Plan Amendment;
however, the Added Area does contain a church. The Agency will extend the Rules
and Regulations to the Added Area to apply to any future families, persons or
nonprofit local community institutions that may be located within the Added Area.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the
Redevelopment Agency of the City of Azusa as follows:
SECTION 1 . The Agency shall extend the Rules Governing Participation by
Property Owners and the Extension of Reasonable Preference to Business Occupants
to the Fourteenth Amendment to the Central Business District pursuant to the
Amended and Restated Redevelopment Plan for the Central Business District and
West End Redevelopment Project Area which are attached hereto as Exhibit A.
SECTION 2. The Agency shall extend the Rules and Regulations for
Implementation of the California Relocation Assistance Law and Real Property
Acquisition Guidelines to the Fourteenth Amendment to the Central Business District
pursuant to the Amended and Restated Redevelopment Plan for the Central Business
District and West End Redevelopment Project Area which are attached hereto as
Exhibit B.
PASSED, APPROVED AND ADOPTED this 2"1 day of June, 2008.
Chairperson
2
l
r
1 HEREBY CERTIFY that the foregoing Resolution No. was duly
adopted by the,Board of Directors of the City of Azusa Redevelopment Agency, at a
regular meeting hereof, held on the 2"d day of June, 2008, by the following vote of the
Board.
AYES: BOARD MEMBERS
NOES: BOARD MEMBERS
ABSTAIN: BOARD MEMBERS
ABSENT: BOARD MEMBERS
Agency Secretary
- 3 -
I � I
�
AGENCY AGENDA ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD
FROM: JAMES MAKSHANOFF, ASSISTANT CITY MANAGER
VIA: F.M. DELACH, CITY MANAGER �_o
DATE: JUNE 2, 2008 ��
SUBJECT: CONSIDERATION OF A RESOLUTION OF NECESSITY AUTHORIZING USE OF
EMINENT DOMAIN AUTHORITY TO ACQUIRE, FOR REDEVELOPMENT, AN
ADVERTISING BILLBOARD LOCATED ON REAL PROPERTY OWNED BY THE AGENCY
AT 809 NORTH AZUSA AVENUE
RECOMMENDATION
It is recommended that the Redevelopment Agency of the City of Azusa's ("Agency's") Board of
Directors adopt a Resolution of Necessity authorizing use of the Agency's eminent domain
authority to acquire a single-face billboard ("Billboard") located at 809 North Azusa Avenue in the
City of Azusa ("City").
EXECUTIVE SUMMARY
Approval of this resolution will allow the Agency to proceed with the redevelopment of the
proposed Target site, by enabling the Agency to remove a single-face billboard located on the site.
BACKGROUND
1. In 1978, the Agency adopted its first redevelopment plan to revitalize the
Central Business District Area, the City's main commercial hub. The plan had the following goals:
(a) to develop convenient commercial facilities providing a wide variety of goods and services to
nearby residents; (b) to ensure an economically vibrant commercial sector in the area that serves as
a community meeting place; (c) to promote strong investment in, and community support for, a
central business district in the City; and (d) to revitalize Azusa's Central Business District.
2. In 2003 and again in 2006 the Agency amended and adopted the Amended
and Restated Redevelopment Plan (the "Plan") to eliminate blight and to conserve, rehabilitate, and
The Honorable Chairman and Members of the Agency Board
Subject: CONSIDERATION OF A RESOLUTION OF NECESSITY AUTHORIZING USE OF EMINENT DOMAIN AUTHORITY TO ACQUIRE,809 NORTH AZUSA
June 2,2008
Page 2 of 5
redevelop non-residential properties in the Merged Central Business District and West End
Redevelopment Projects. Among the blight conditions in the Central Business District identified by
the Agency that the Plan seeks to alleviate are: (1) deteriorated and/or dilapidated structures; (2)
substandard design and physical obsolescence of structures; (3) incompatible land uses; (4) small
or odd shaped independently-owned parcels, incompatible with future modern development; (5)
vacancies or abandoned buildings; and (6) inadequate public improvements.
3. The Billboard property is non-residential property situated within the Merged
Central Business District and identified in the 2003 and 2006 amendments of the Plan as property
over which the Agency has the power of eminent domain. Furthermore, the Agency identified
evidence of physical and economic blight around the Billboard Property, including: dilapidated
structures; adjacent incompatible land uses; small or odd shaped parcels; vacant or under-utilized
buildings and land; and inadequate public improvements, including inadequate off-street parking.
Based on the findings of physical and economic conditions of blight in the Central Business District,
the Billboard property was identified for redevelopment in the Plan. Assemblage of the Billboard
property with adjoining property by the Agency make available larger properties for redevelopment
in accordance with the Agency's redevelopment and land use goals to the benefit of the
redevelopment area and the City as a whole. Absent Agency action, future assemblage and
redevelopment of the Billboard Property with adjoining property within the Merged Central
Business District would not be possible.
4. In 2006, the Agency acquired the property on which the Billboard is located,
but allowed.the Billboard to temporarily remain in place pending redevelopment. The Agency has
also acquired the adjacent property, with which the Billboard property will can be assembled.
5. In accordance with Government Code section 7267.2, the Agency has had the
Billboard appraised by a qualified appraiser and extended a written offer to purchase to each of the
owner of record, for no less than the Billboard's appraised fair market value. Additionally, the
Agency and its acquisition consultants have been in negotiations with the owner of the Billboard in
an attempt to negotiate a purchase. While negotiations continue, to date, a final agreement has
not been reached. The Agency still remains willing to work with the owner of the Billboard in order
to reach a mutually acceptable acquisition agreement.
RESOLUTION PREREQUISITES
6. For the reasons stated herein, Agency staff believes that acquisition by the
Agency of the Billboard for assemblage and redevelopment of the property upon which it is located
is a public use, that acquisition of Billboard is necessary for such redevelopment and/or
assemblage, that the assemblage project is designed in a manner consistent with the greatest
public good and least private injury, and that an appraisal and offer in accordance with Government
Code section 7267.2 has been made to the owner of record of the Billboard. Therefore, staff
believes that all legal prerequisites to the adoption of a Resolution of Necessity are present. Below
is an analysis of how acquisition of the Billboard could assist in accomplishing some of the
Agency's Plan goals as well as the City's Land Use Element Goals and Economic Development
Goals:
The Honorable Chairman and Members of the Agency Board
Subject:CONSIDERATION OF A RESOLUTION OF NECESSITY AUTHORIZING USE OF EMINENT DOMAIN AUTHORITY TO ACQUIRE,809 NORTH AZUSA
]une 2,2008
Page 3 of 5
AGENCY'S PLAN GOALS
7. The goals of the Agency's Plan include: (1) elimination of areas suffering from
economic dislocation and disuse; (2) replanning, redesign and/or redevelopment of areas which are
stagnant or improperly utilized, which could not be accomplished by private enterprises acting
alone without public participation and assistance; (3) protecting and promoting sound
development and redevelopment of blighted areas by remedying the conditions through the
employment of appropriate means; (4) installation of new and replacement of existing public
improvements; and (5) other means as deemed appropriate. To accomplish the above goals, the
Plan authorizes Agency acquisition of non-residential real property, including by eminent domain,
and redevelopment of same.
8. The acquisition of the Billboard by eminent domain is in furtherance of the
goals of the Agency as it will eliminate areas within the Central Business District that have been
identified by the Agency as blighted, stagnant and/or suffering from disuse. Acquisition by the
Agency will permit redevelopment of the Central Business District, in a manner which could not be
accomplished without the Agency's use of the power of eminent domain, to permit the assemblage
of the property where the Billboard is located with adjoining property under separate ownership for
coordinated modern development.
CITY'S LAND USE ELEMENT GOALS:
9. Land Use: Districts
GOAL 4 -- Azusa will have a thriving and well balanced business sector located within
three pedestrian oriented districts that provide dining retail, office, and entertainment experiences,
and one industrial/technology district that provides "tech-driven"manufacturing warehousing and
other industrial uses and supporting commercial uses.
The project will assist in enabling the construction of new commercial stores which
will help to revitalize the Central Business District. A goal of the project will be to provide a
"distinctive" shopping experience that emphasizes pedestrian oriented commercial and residential
uses in a mixed-use setting. Outdoor "sidewalk" dining and other similar uses will be encouraged to
"activate" public spaces. The building and site layout will link individual buildings, public plazas, and
parking facilities with each other through the use of walkways and sidewalks and other amenities
that contribute to pedestrian oriented activities. The design of the buildings will be compatible with
the historic architecture in the area. The project will contribute to the maintenance of a distinctive
and pleasant physical environment through public streetscape and street amenities (water
fountains, shaded benches, shaded bus shelters, trash receptacles, pedestrian scaled lighting,
public and entry signage, etc.).
The Honorable Chairman and Members of the Agency Board
Subject: CONSIDERATION OF A RESOLUTION OF NECESSITY AUTHORIZING USE OF EMINENT DOMAIN AUTHORITY TO ACQUIRE,809 NORTH AZUSA
June 2, 2008
Page 4 of 5
10. Land Use: Commercial and Mixed Use
GOAL 5 -- Allow for and encourage the intensification of commercial uses in the
corridors and the districts to provide economic stability and to provide residents with essential
goods and services.
The intensification of commercial uses in the Central Business District will be achieved
through the application of the Development Code standards which reduce the amount of parking,
and minimize setbacks. The structures will be sited and designed to enhance pedestrian activity
along the sidewalks, by incorporating uses in the first floor along the street frontage that stimulate
pedestrian activity, encouraging professional offices and other similar uses to be located, in the rear
or above the first floor.
CITY'S ECONOMIC DEVELOPMENT GOALSAND POLIO/ES
11. Build a Strong Diverse Economy
GOAL I -Build and maintain a strong, diverse economy in Azusa.
Eventual commercial and/or mixed-use redevelopment in the Central Business
District is consistent with an overall strategy to use land resources efficiently.
12. Diversification of Revenue Base
GOAL 9 -- Create a diverse and balanced revenue base with longterm value,
avoiding excess reliance on a single revenue source.
The property where the Billboard is located can be redeveloped in the future to
help build a high-quality retail base that can hold value over time and adapt to changing
circumstances. This will, in turn, help promote a quality housing stock in Azusa that will
appreciate in value over time. Assemblage of the property (including the Billboard property)
promotes.the more efficient used of land for business development that can support the City's
property tax base and generate sales tax revenues.
13. Strengthening of Revenue Base
GOAL 10 -- Strengthen the retail and commercial base.
Eventual redevelopment of the inefficiently developed property in the vicinity of
the Billboard will help to enhance the identity of Downtown and strengthen retail and
commercial base. The project area can be used to help promote Azusa's competitiveness at the
regional and sub-regional level. Successful redevelopment of the project area can help to attract
more new development by showing Azusa's commitment to redevelopment.
s ,
The Honorable Chairman and Members of the Agency Board
Subject:CONSIDERATION OF A RESOLUTION OF NECESSITY AUTHORIZING USE OF EMINENT DOMAIN AUTHORITY TO ACQUIRE,809 NORTH AZUSA
June 2,2008
Page 5 of 5
CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") COMPLIANCE
14. The Agency has complied with California Environmental Quality Act (CEQA).
The proposed action to acquire property is in furtherance of the Merged Central Business District
and West End Project Areas Redevelopment Plan, as amended. The Redevelopment Plan was
analyzed under the previously certified Environmental Impact Report (Amendments for the Merged
Central Business District/West End Redevelopment Projects, State Clearinghouse No.
2003061073).
FISCAL IMPACT
There are associated appraisal, attorney and consultant fees, which will result from the approval of
the proposed action. An all inclusive settlement agreement will be presented to the Agency Board
at a later date.
Attachments:
Exhibit "A": Resolution Of The Redevelopment Agency Of The City Of Azusa Authorizing The Taking
By Eminent Domain Of The Advertising Billboard Located On Real Property Owned By The Agency
s
RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
AUTHORIZING THE TAKING BY EMINENT DOMAIN OF THE ADVERTISING
BILLBOARD LOCATED ON REAL PROPERTY OWNED BY THE AGENCY
THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF
AZUSA DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1
That the public interest and necessity require the acquisition of the hereinafter described
billboard(the`Billboard"), located on property owned by the Redevelopment Agency of the City
of Azusa ("Agency") for a proposed public project to wit for redevelopment purposes and the
elimination of blight (hereinafter the "Project'), as authorized pursuant to: (1) California Health
& Safety Code sections 33342, 33391; (2) California Code of Civil Procedure sections 1240.010,
1240.110, 1240.120; and (3) Article I, section 19 of the Constitution of the State of California.
Section 2
That the Board of Directors of the Agency hereby finds and determines, based on the
agenda report, and other testimony and evidence,that:
a. The public interest and necessity require the acquisition of the Billboard;
b. The Billboard is located within the proposed Project area, which is planned or
located in the manner that will be most compatible with the greatest public good and the least
private injury;
C. The acquisition of the Billboard is necessary for the Project; and,
d. The offer required by section 7267.2 of the Government Code has been made to
the owner of record of the Billboard.
Section 3
That the Agency, in accordance with eminent domain provisions of California
Redevelopment law and the Constitution of the State of California, is hereby authorized and
empowered to acquire by condemnation the Billboard, which is located on property owned by
the Agency at 809 North Azusa Avenue in the City of Azusa, and further depicted in Exhibit"A"
hereto.
47320
1
Section 4
That the Agency's legal counsel be, and hereby is, authorized to institute eminent domain
proceedings in the Los Angeles County Superior Court, for the purposes set forth above, and to
take all action necessary to acquire the Billboard in the name of the Agency.
Section 5
That the public interest and necessity further require the taking of prejudgment
possession of the Billboard and the Agency's counsel is authorized to institute proceedings for
taking prejudgment possession of the Billboard, upon complying with the requirements of the
law applicable thereto; and that the total sum fixed by the Superior Court as its order determining
and establishing the deposit amount for said prejudgment possession be deposited into Court, as
provided by Code of Civil Procedure section 1255.010, ei seq.
Section 6
The Agency's legal counsel and counsel designated by her are hereby authorized to incur,
on behalf of the Agency, all necessary expenses for preparation and trial of the action, including,
but not limited to:
a. Authorizing additional work by appraisers and consultants to prepare appraisal
and consultant reports, or to cover additional line or lines of inquiry not covered in the earlier
consultant reports;
b. Engaging one or more additional appraisers in the event the Agency's counsel
feels such step is advisable;
C. Preparing maps, charts, diagrams, photographs, and reports in the event such
printing is necessary;
d. Authorizing payment to appraisers and consultants for the time spent on pre-trial
conferences and field trips to inspect the Billboard;
e. hncurring such additional expenses including the cost of providing clerical,
paralegal and attorney services on behalf of the Agency as in the judgment of the Agency's
counsel shall be necessary to the trial preparation for, and trial of, said proceedings; and,
f. Incurring defendant's "ordinary" court costs (e.g. filing fees), as provided for in
Code of Civil Procedure section 1268.710.
47320
2
i
APPROVED AS TO FORM
Counsel for the Redevelopment Agency
of the City of Azusa
PASSED, APPROVED AND ADOPTED this_day of June, 2008.
Title:
Redevelopment Agency of the City of Azusa
ATTEST:
I, Secretary of the Redevelopment Agency of the City of
Azusa, do hereby certify that the foregoing Resolution of Necessity was duly and regularly
adopted by the Redevelopment Agency of the City of Azusa at a regular meeting held on June 2,
2008,by the following vote:
Aye:
Nays:
Absent:
Abstain:
Dated this day of June, 2008.
Title:
Redevelopment Agency of the City of Azusa
47320
3
ow
w g
40° d
a o Z am
a
,emfi 90�� a N
s
LU
LU
a Q
® o SH
Cl
Died V�
%
m�h
"s
a.
aN
a
0
0
m
Y n
dN
Q J
w
N7 EE
Q CD
a$ Z
`2 N
a °0i
L vPR fifi 6S4
M-0LR.6Y N
u
N 4W$ (70
N
000
r' I
Ile
O
�H[/fdi7N�P
CITY OF Az
USA
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
WEDNESDAY,MAY 14,2008—10:03 P.M.
The Board of Directors of the Redevelopment Agency of the City of Azusa met in regular
session at the above date and time in the Azusa Auditorium, 213 E. Foothill Blvd.,Azusa CA.
Chairman Rocha called the meeting to order. Call to Order
ROLL CALL Roll Call
PRESENT: DIRECTORS: GONZALES,CARRILLO,MACIAS, HANKS,ROCHA
ABSENT: DIRECTORS: NONE
ALSO PRESENT: Also Present
General Counsel Carvalho,Executive Director Delach,Assistant Executive Director Makshanoff,
City Department Heads, Deputy Secretary Toscano, Secretary Mendoza.
The CONSENT CALENDAR consisting of item D-1, was approved by motion of Director Consent Cal.
Carrillo, seconded by Director Gonzales and unanimously carried. approved
1. Minutes of the regular meeting of May 5, 2008, were approved as written. Min approved
SPECIAL CALL ITEMS Spec Call Items
None. None
It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn
TIME OF ADJOURNMENT: 10:04 P.M.
SECRETARY
NEXT RESOLUTION NO. 08-R21.
, N
U ,
AGENCY CONSENT ITEM
TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS J'f
FROM: MARCENE HAMILTON, REDEVELOPMENT AGENCY TREASURER
DATE: JUNE 2, 2008 l
SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURER'S STATEMENT OF
CASH BALANCES FOR THE MONTH OFAPRIL 2008
RECOMMENDATION
It is recommended that the Agency Members receive and file the Agency Treasurer's Statement of
Cash Balances for the Redevelopment Agency of the City of Azusa for the month of April 2008.
BACKGROUND
Transmitted herewith is the Agency Treasurer's Statement of Cash Balances for the Redevelopment
Agency of the City of Azusa ("Agency") for the month of April 2008. Agency investments are
made in accordance with the Redevelopment Agency Investment Policyapproved and adopted
with Resolution No. 07-R18 dated June 18, 2007, and Government Code Section 53601.
Investment activity is summarized in the "Treasury Book Balances-Cash and Investments"
schedule, attached herewith and an integral part of this report.
In April,Agency cash and investment balances increased by$1,187,271.74. Cash received during
the month totaled $1,187,271.74, and no disbursements were made.
The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and
investments of$17,431,750.04,Wells Fargo Bank,the fiscal agent, held $7,611,919.12 on behalf
of the Agency. These funds are restricted for payment of debt service on the bonds and special
bond-funded projects. The remaining $9,819,830.92 was available for Agency operating, debt
service, restricted expenses, and outstanding liabilities.
FISCAL IMPACT
The balance of cash and investments and projected revenues for the next six months is expected
to be sufficient to meet cash disbursement requirements for at least the next six maths.
Prepared by: Roseanna J.Jara, Sr.Acct.-Redevelopment
MH:RIJ/cs
CITY OF AZUSA REDEVELOPMENT AGENCY
AGENCY TREASURER'S STATEMENT OF CASH
AND INVESTMENT COST BALANCES
APRIL 2008
Beginning Cash Balance $16,244,478.30
(All Restricted and Unrestricted Accounts & Investments)
Receipts (All Sources) 1,187,271.74
Disbursements 0.00
Ending Cash Balance $17,431,750.04
(All Restricted and Unrestricted Accounts & Investments)
e 5 ZL,
Marce a Hamilton, Ag ncy Trea urer
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES -CASH AND INVESTMENTS
APRIL 2008
Maximum
Deposits Cost Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value*
CASH AND INVESTMENTS HELD BY AGENCY TREASURER
Wells Fargo Bank
Government Checking No limit $28,484.72 FDIC up to$100,000.00 Ongoing 0.000% $28,484.72
>$100,000 collaterized by 110%in govn't securities
Local Agency Investment Fund(LAIF) $20,000,000.00 9,791,346.20 Backed by faith&credit of the State of California Ongoing 3.400% 9,808,737.05
SUBTOTAL CASH AND INVESTMENTS
HELD BY AGENCY TREASURER: $9,819,830.92 $9,837,221.77
Interest Collections: $55,583.45
CASH AND INVESTMENTS HELD BY FISCAL AGENT
2003 Merced Protect Tax Allocation Bonds
2003A Special Fund
AIM Gov't Portfolio No limit 26,429.33 Investments in direct obligations of the U.S.Treasury Ongoing 2.070% 26,429.33
2003A Interest Account
AIM Gov't Portfolio No limit 71.17 Investments in direct obligations of the U.S.Treasury Ongoing 1.410% 71.17
2003A Principal Account
AIM Gov't Portfolio No limit 301.98 Investments in direct obligations of the U.S.Treasury Ongoing 1.990% 301.98
AIG Matched Funding Corporation No limit 1,085,192.59 Guaranteed Investment Agreement 07/29/23 4.780% 1,085,192.59
2003 Merged Project Tax Allocation Bonds Subtotal: $1,111,995.07 $1,111,995.07
Interest Collections: $58.48
2005 Merged Project Tax Allocation Bonds
2005 Special Fund
Wells Fargo Advantage Gov't Mmkt No limit $1,028.81 N/A Ongoing 1.750% $1,028.81
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES -CASH AND INVESTMENTS
APRIL 2008
Maximum
Deposits Cost Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value*
2005 Interest Account
Wells Fargo Advantage Gov't Mmkt No limit 44.90 N/A Ongoing . 2.230% 44.90
2005 Redevelopment Fund
AIM Gov't Portfolio - No limit 9.39 Investments in direct obligations of the U.S.Treasury Ongoing 2.820% 9.39
AIM Institutional Prime-Cash Mgmt/MMk No limit 791,714.30 N/A Ongoing 2.540% 791,714.30
2005 Reserve Account
MBIA Flexible Draw Investment Agreement No limit 869,710.38 Guaranteed Investment Agreement 08/01/34 4.765% 869,710.38
2005 Merged Project Tax Allocation Bonds Subtotal: $1,662,507.78 $1,662,507.78
Interest Collections: $1,925.16
2007A Merced Protect Tax Allocation Bonds
2007A Band Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $0.62 NIA Ongoing 0.000% $0.62
2007A Interest Account
Wells Fargo Advantage 100%Treasury Mmkt No limit $140.21 N/A Ongoing 1.797% $140.21
2007A Redevelopment Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $4,502,604.10 NIA Ongoing 1.060% $4,502,604.10
2007A Cost of Issuance Account
Wells Fargo Advantage 100%Treasury Mmkt No limit 1,462.35 N/A Ongoing 1.090% 1,462.35
2007A Merged Project Tax Allocation Bonds Subtotal: $4,504,207.28 $4,504,207.28
Interest Collections: $6,793.23
20078 Merged Protect Tax Allocation Bonds
20078 Bond Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $8,130.40 N/A Ongoing 1.060% $8,130.40
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES -CASH AND INVESTMENTS
APRIL 2008
Maximum
Deposits Cost Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value*
20078 Interest Account
Wells Fargo Advantage 100%Treasury Mmkt No limit $36.09 N/A Ongoing 1.660% $36.09
20078 Reserve Fund _
Wells Fargo Advantage 100%Treasury Mmkt No limit 325,042.50 N/A Ongoing 1.060% 325,042.50
20078 Merged Project Tax Allocation Bonds Subtotal: $333,208.99 $333,208.99
Interest Collections: $502.54
SUBTOTAL CASH AND INVESTMENTS
HELD BY FISCAL AGENT: $7,611,919.12 $7,611,919.12
Total -Azusa Redevelopment Agency
Cash and Investments: $17,431,750.04 $17,449,140.89
Total Interest Collections: $64,862.86
Source of Market Value Information:
Wells Fargo Corporate Trust,Trustee
Local Agency Investment Fund(LAIF) -
Wells Fargo Institutional Securities
Tax Allocation Bond Data is based on Trustee-generated Statements;bond funds listed
herein are restricted for payment of debt service and governed by
strict regulations described in the Trust Indentures.
'Market Value is the current price at which a security can be traded or
WARRANT REGISTER NO. 19
FISCAL YEAR 2007-08
WARRANTS DATED 04/01/08 THROUGH 04/30/08
FOR REDEVELOPMENT AGENCY MEETING OF 06-02-08
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS
TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS
THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS
FOLLOWS:
SECTION 1. That the following claims and demands have been audited as required bylaw and that
the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as
hereinafter set forth:
80-110-REDEVELOPMENT ADMINISTRATION FUND $ 25,411.54
80-125-CBD CAPITAL PROJECTS FUND 565,092.72
80-135-WED CAPITAL PROJECTS FUND 13,047.26
80-185-RANCH CAPITAL PROJECTS FUND
80-165-618-2005 TAX ALLOCATION BONDS FUND
81-155-TAX INCREMENT SET-ASIDE FUND 16,014.85
82-125-CBD DEBT SERVICE FUND
82-135-WED DEBT SERVICE FUND
82-185-RANCH CENTER DEBT SERVICE FUND
TOTAL ALL FUNDS: $ 619.566.37
SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a
certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records.
ADOPTED AND APPROVED THIS DAY OF 2008.
Chairman
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the
City of Azusa at a regular meeting thereof,held on the day of 2008.
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
Secretary
city of Azusa HP 9000 05/28/08 O P E N H O L D D B LISTING By PersaVEhtity Nage Paqe 1
WEU MAY 28, 2008, 5:23 FM ---req: HC:6E-------leg: M JL---kx: BI-=---jcb: 588759 #J4136---pgm: CFAOO <1.34> zpt id: CHFI_TRO2
SE=
PUD Odes: 80-82 ; Check Issue Dates: 040108-043008
PE ID PE Narre ACM VT NCPBER / JOB NU42ER Invoice Nmber Descr'ipticn St Disc. ATt. Dist. Ate.
V10164 ARCADIA PImPEIrI'Y 8010125000-6815 33768 FY 07/08 RANCH M PD 0.00 612.00
PEID d: 0.00
'Paid: 612.00
Total: 612.00
V05613 AT&T 8010110000-6915 6263345464032408 626-3345464 'PD 0.00 9.43
MIDU��d: 0.00
Paid: 9.43
Total: 9.43
V00363 AZLrDA CHmaER OF 8010110000-6630 266 EY 07/08 a-IF= PD 0.00 3,333.33
PEID unpaid: 0.00
Paid: 3,333.33
Total: 3,333.33
V01305 AzLEA = FID C 8000000000-3035 2610/0801008 FR#8/08 PD 0.00 255.18
V01305 AaM = FID C 8000000000-3035 2610/0801009 P 9/08 PD 0.00 255.18
PEID d: 0.00
Paid: 510.36
Total: 510.36
V10604 AZMA ME= MAN 8000000000-3020 2618/0801008 PR#8/08 FD 0.00 30.00
PEID iTid: 0.00
Paid: 30.00
Total: 30.00
V95948 AZ-FA, CPIY OF 8000000000-3042 022708 REIMB IED/DEP CA FD 0.00 359.35
PEIDUpai0
Paid: 359.35
Total: 359.35
V07432 BARB & CLARK ENV 8110155000-6650/505300-6650 18128 FINAL/1114N AZUS FD 0.00 200.00
V07432 BARB & CLARK ENV 8110155000-6650/505300-6650 18200 FR,1AL/1114N AZL.E PD O0.00 225.00
PEIDPai0
d: 425.00
City of Azusa HP 9000 05/28/08 O P E N H 0 L D D B LISTING By FezEhtity Nare Page 2
WED, NV�Y 28, 2008, 5:23 PM ---req: IRCSE-------leg: GL JL---loc: BI-=---jcb: 588759 #J4136---pgn: CH400 <1.34> rpt id: CEFEIR02
SECE1rT FUSD mss: 80-82 ; CY:eck Issue Dates: 040108-043008
PE ID PE Nave AO= N ER / JCB N vEER Invoice Nmdter Description St Disc. Part. Dist. ?pint.
_ --'IUtal: 425.00
V05804 BEST BEST & KRIE 8110155000-6301 567504 1/08 LGL-VIIIA A FD 0.00 3,534.00
V05804 BEST BFSI & KRIE 8110155000-6301/505310-6301 567503 1/08 LGC DPAP PR PD 0.00 3,207.40
V05804 BEST MST & I= 8010125000-6301/502801-6301 569453 2/08 LCL-U IN N PD 0.00 243.60
V05804 BEST BEST & KRIE 8010135000-6301 569450 2/08 LGL-DCCUB L FD 0.00 5,964.92
V05804 BEST EESI' & KRB 8010125000-6301/505800-6301 569453 2/08 LGL DnTdIIIV N FD 0.00 8,055.97
V05804 BEST BEST & IT= 8010125000-6301/505825-6301 569453 2/08 LM-D&M N PO 0.00 3,603.25
V05804 BEST BEST & FREE 8010125000-6301/505900-6301 569453 2/08 LGL I7dTIIT N �J 0.00 303.10
V05804 BEST BEST & KRIE 8010135000-6301/IZD0003-6301 569453 2/08 LGL-17 ID7IIV N FD 0.00 345.10
V05804 BEST BEST & KRIE 8110155000-6301/505310-6301 569453 2/08 LGL-DVNIN N PD 0.00 60.90
V05804 BEST BEST & KRIE 8010125000-6301/505800-6301 569455 2/08 LGL-C= FD 0.00 724.50
V05804 BFST = & = 8010125000-6301/505825-6301 569456 2/08 LGL C8S BIL PD 0.00 182.70
V05804 BEST = & = 8010125000-6301/502801-6301 569449 2/08 LM,PLAN PM FD 0.00 162.40
V05804 MST BEST & KRIE 8110155000-6301/505310-6301 569451 2/08 LCA-DPAP ID PD 0.00 1,339.80
V05804 MST BEST & KRIE 8110155000-6301 569452 2/08 LGL VILLA A PD 0.00 2,547.75
V05804 BEST BEST & KRID 8010135000-6301/503301-6301 569816 2/08 LGL-PRC CCB FD 0.00 4,987.24
V05604 BEST EEST & KRIE 8010125000-6301/505700-6301 569453 2/08 LCL-U IN N PD 0.00 121.80
V05804 BEST = & KRIS 8010125000-6301/505800-6301 569454 2/08 LGL-RES0 PD 0.00 14,190.84
V05804 BEST BEST & KRIE 8010110000-6301 569453 2/08 LGL-DWIN N FD .0.00 2,009.70
PEID ilmaid: 0.00
Paid: 51,584.97
Thtal: 51,584.97
V10497 ENB EM� 8010125000-7110/505700-7110 11101 ELK 36 OFFS U FD 0.00 45,096.00
V10497 HNB IINaIl\E= 8010125000-2745 11101 Contracts Vol Oc PD 0.00 -4,509.60
V10497 E3,B EN II�� 8010125000-7110/505700-7110 11098 ELK 36 OFFSI,. U FD 0.00 63,845.00
V10497 aSB EbUINEERIM 8000000000-2745 11098 Omtracts Pbl Cc FD 0.00 -6,384.50
V10497 EM II�II�IlU 8000000000-2745 11097 Contracts Ph. OD FD 0.00 -10,327.20
V10497 EM EtUINER = 8010125000-7110/505700-7110 11097 BLK 36 OFFSr. U PD 0.00 103,272.00
V10497 E1\B ENUD� 8000000000-2745 11104 Contracts Pbl Cb FD 0.00 -25,318.45
V10497 ENB EiIIISEERIM 8010125000-7110/505700-7110 11104 SLK 36 OFFSI,. PD 0.00 253,184.50.
PEID UtV: 0.00
Paid: 418,857.75
Total: 418,857.75
V0031 a-1 E= CaMVIC 8010125000-7110/505700-7110 431010804 CABLE TV UTIL RE PD 0.00 8,050.00
PEID U-paid: 0.00
Paid: 8,050.00
City of Azusa HP 9000 05/28/08 O P E N H 0 L D D B LISTING By R,_ /Ehtity Nacre Paqe 3
WID, VPY 28, 2008, 5:23 RSI ---req: =-------leg: GL JL---loc: BI-TECH---job: 588759 434136---p9m: CH400 <1.34> spt id: CHFLIR02
SE= FUD Oxhs: 80-82 ; ai_ck Issue Rtes: 040108-043008
PE ID PE Nacre ACINI' NU4�IIR / JCB NP42Eit Invoice Nurrber LE!s=pticn St Disc. Art. Dist. Ant.
Total: 8,050.00
V06783 CITTSIREEL 8000000000-3010 2315/0801009 1/08
/08 PD 0.00 589.82
V06783 CITISIRE�i' 8000000000-3010 2310/0801008 /08 PD 0.00 446.45
V06783 CTIISIl�EEP 8000000000-3010 2315/0801008 /08 PD 0.00 589.82
V06783 CITISIREET 8000000000-3010 1310/0801008 FD 0.00 266.87
PEIDd: 0.00
d: 1,892.96
Ibtal: 1,892.96
V00348 C HHALIH I 8000000000-3054 2435/0801008 PR48/08 PD 0.00 19.25
PEIDumaid: 0.00
Paid: 19.25
Total: 19.25
V10727 DIArv= IIqx15TRI 8110155000-6650/505300-6650 570 FTML I114N AZLE PD 0.00 1,700.00
MID iIl-¢x�id: 0.00
Paid: 1,700.00
Total: 1,700.00
V01469 DJAgIUV AZUEA B 8010110000-6625 1747 CAIS AD/CMEvPN- FD 0.00 130.00
PEIDLUIT)ai d: 0.00
Paid: 130.00
Total: 130.00
V08010 =I LA PI 8010125000-6815 00756 FY 07/08 LAM Mk FD 0.00 440.00
PEID Cyd: 0.00
Paid: 440.00
Total: 440.00
V00331 FFnF M EXP= 8010110000-6521 262847986 117052788/PRICE PD 0.00 21.10
V00331 FEDERAL EXPRESS 8010125000-6521 264150439 117052788/EFRA1N PD 0.00 21.10
PEZD Upas 0.00
Paid: 42.20
Total: 42.20
City of Azusa HP 9000 05/28/08 O P E N H O L D D B LISTING By FOrmVEhtity Nsre paste 4
YM, WY 28, 2008, 5:23 FM ---req: RCSE-------leg: GL JL---loc: BI-TECII---jcb: 588759 #f.74136---pgn: a4400 <1.34> rpt id: CHPL 02
SECEKIFUZ Ccchs: 80-82 ; CtEck Issue Dates: 040108-043008
PE ID PE Narre AC= NUvEER / JOB NU4FER Invoice Nmber D=scnptic St Disc. krt. Dist. Ant.
V10576 FRT & ASS'IA'IFS 8110155000-6345/505300-6345 AZU150 FY 07/08 HSG REH FD 0.00 3,200.00
PEID d: 0.00
d: 3,200.00
Total: 3,200.00
V97030 HUN=, SIEFH 8010125000-7110/505700-7110 2508 REII"B/FCSIER3anD PD 0.00 69.01
PEID Upaid: 0.00
Paid: 69.01
Total: 69.01
V10575 H E-DR= IN 8010125000-6399/505800-6399 12630 PLXgM\}/CEZA SV FD 0.00 2,543.75
PEIDUrs�id: 0.00
Paid: 2,543.75
Total: 2,543.75
V05574 IRZN SIN RE 8010110000-6493 LL86194LL86202 LL86194-LL86202 FD 0.00 232.36
PEID Upaad: 0.00
Paid: 232.36
Total: 232.36
V01916 JARA FETIY QkSH, 8010110000-6235 032608 ICSC PARECIIT PD 0.00 8.00
V01916 JARA PEITY CPSH, 8010125000-6815 032608 LCCZtS/ZQ2BE P PD 0.00 18.39
V01916 JARA PEPPY CASH, 8010110000-6625 032608 R�YJ QJITTIz PD 0.00 76.35
V01916 JARA PEPPY C451, 8010125000-6301/505800-6301 032608 RE==az FD 0.00 150.00
PM d: 0.00
Paid: 252.74
Total: 252.74
V06842 LANaNv9ERICA LMY 8010135000-7115/RD0003-7115 00434957 850 W lOTH/SUBDI PD 0.00 900.00
PEID Tlte: 0.00
Paid: 900.00
Total: 900.00
V03126 LI= =CI\AL 8000000000-3010 1320/0801008 /08 FD 0.00 63.56
V03126 LJNJZLN N�1TIC1SZL 8000000000-3010 2325/0801008 M/08 PD 0.00 295. 63
City of Azusa HP 9000 05/28/08 O P E N H O L D D B LISTING Ey FermVEhtity Nacre Pace 5
WID, MAY 28, 2008, 5:23 FM ---req: =-------leg: GL JL---loc: BI-ID I---job: 588759 W4136---pgn: C11400 <1.34> rpt id: CHFL 02
SELECT F1ID Co3es: 80-82 ; Check Issue Dates: 040108-043008
FE ID PE Nacre ACTT NUMBER / JOB NUvEER Invoice F uTter Description St Disc. Pmt. Dist. Ari.
V03126 LRLN =CblQ L 8000000000-3010 2325/0801009 FR#9/08 PD 0.00 295.63
PESd: 0.00
d: 705.25
'Ibtal: 705.25
V10858 WXIS CUISINE 8010125000-7035/650205-7035 040708 LN 635 AaBA/ji PD 0.00 9,324.00
V10858 w I S CUISINE8010125000-7035/650205-7035 040808 1635 SEC PD 0.00 4,756.51
PEID �a.�d: 0.00
Paid: 14,080.51
'Ibtal: 14,080.51
V00403 MI c\7IA REPF= 8010125000-7110/505700-7110 125156 ELK 36 UITLI `Y R PD 0.00 21.54
V00403 MMUVIA FEP= 8010125000-7110/505700-7110 125019 (50) ELK 36 RF3VD Pfl 0.00 54.13
PEID 0.00
Paid: 75.67
Total: 75.67
V06572 =CMI L CaZT U 8010125000-6625/505800-6625 RD324680 FERE RENT-3/14- PD 0.00 1,713.76
PEIDd: 0.00
d: 1,713.76
Total: 1,713.76
V01562 N= CagU ICA 8010110000-6915 635925025069 635925025/CELL P FD 0.00 46.22
PEID d: 0.00
Paid: 46.22
'Ibtal: 46.22
V00540 OFFICE DE&T7I = 8010110000-6530 422808163001 463794 CL4SS. FO PD 0.00 21.42
V00540 OFFICE DER7P = 8010110000-6530 422808163001 682153 SE-MPIE H FD 0.00 11.28
PEID UT)aid: 0.00
Paid: 32.70
Total: 32.70
V06713 OMEN FIS A 8000000000-2724 1225/0801008 FM/08 PD 0.00 5.08
PEID Urj:�aid: 0.00
City of Azusa HP 9000 05/28/08 O P E N H 0 L D D B LISTING ByEntity Nacre 6
WED, WZ 28, 2008, 5:23 FM ---req: FOSE-------leg: GL JL---loc: BI-TS I---job: 588759 #J4136---p9m 01400 <1.34> zpt id: OHFMR02
SE= F[I7D Ccdes: 80-82 ; Cteck Issue Dates: 040108-043008
PE ID PE Nave ACLLLNr NUMBER / JOB NP'EER Invoice NuTb r Des=ption St Disc. Pmt. Dist. Arrt.
_ — Paid— ---5.08
Total: 5.08
V01440 OVERLADU PACIFIC 8010125000-6399/501500-6399 0710066 RE= SVGS-ZERB PD 0.00 756.25
PEID d: 0.00
d: 756.25
Total: 756.25
V06703 PRDFCRvA PR]2= 8010125000-6518/502801-6518 042808 POSIAM/PLAN AME FD 0.00 848.86
PEID Tkpaid: 0.00
Paid: 848.86
Total: 848.86
V09080 ¢PNI[M CC1ZMTI 8010125000-6399/505700-6399 AZ2008002 FFJ M3VT-BLS{ 36 PD 0.00 11,590.00
V09080QQL CaZLUI 8010125000-6399/505700-6399 AZ2008006 PRJ M3�II'-ELK 36 PD 0.00 14,440.00
V09080 ¢Y�NIC CC1�IMEl 8010125000-6399/505700-6399 AZ2008009 PRJ M24r-BLK 36 FD 0.00 37,016.00
PEID d: 0.00
d: 63,046.00
Total: 63,046.00
V04138 RELSASfAR LIFE I 8000000000-3053 2215/0801008 g/08 PD 0.00 2.50
V04138 RECSASTAR LIFE I 8000000000-3054 2410/0801008 X8/08 PD 0.00 1.87
PEID Ulpaid: 0.00
Paid: 4.37
Ibtal: 4.37
V09301 SAFE DWM 8000000000-3052 1867285 FFOVAS14433&938 PD 0.00 287.43
PEID Uh td: 0.00
Paid: 287.43
Total: 287.43
V02861 SaMiH N CP.LSFCR 8010125000-7110/505700-7110 D428323 UTIL, RECOC/B= PD 0.00 9,425.68
MID Umdd: 0.00
Pai : 9,425.68
Tbtal: 9,425.68
City of Azusa HP 9000 05/28/08 O P E N H O L D D B LISTING By FersaVEhtity N5re Page 7
WED, Hff 28, 2008, 5:23 FM ---req: Ri'15E-------leg: GL JL---loc: BI-TECH---Icb: 588759 #J4136---pgn: C14400 z1.34> rpt id: C1-11TR02
SE= FUSD Ctdes: 80-82 ; Check Issue Dates: 040108-043008
PE ID PE Narre AC)JaBT NLPMZ / JCB N 42ER Irmioe Nurbac Dz?=pticn St Disc. Prrt. Dist, Arrt.
V10987 saJI14= TRFATM 8010135000-7115/RD0003-7115 041408 P[P7P CUT SNIP/85 FD 0.00 850.00
PEID Unmoal 0.00
Paid: 850.00
Total: 850.00
V02371 SPRSnIl' 8010110000-6915 0581031978032608 KS/TRED -058103 PD 0.00 15.00
PEID Llpaid: 0.00
Paid: 15.00
Total: 15.00
V08056 SI2ZZAlID DU RAN 8000000000-2725 1220/08010091/08
/08 FD 0.00 74.25
V08056 SPArIDARD INSURAN 8000000000-3044 1255/0801009 /OS FD 0.00 194.93
V08056 sD4\DARD I1=N 8000000000-2725 1220/0801008 /08 PD 0.00 65.29
V08056 SPANCRM IMSLPAN 8000000000-3044 1255/0801008 PD 0.00 194.93
PEID thrid: 0.00
Paid: 529.40
Total: 529.40
V10053 SL*= INSURPN 8000000000-2725 1221/0801008 PM/08 PD 0.00 149.97
PEID Paid: 149.97
Total: 149.97
V00877 SIATE BIUU OF E 8010110000-6625 12928 UESI //C PD 00.00.00 16.015
V00877 SPATE B� OF E 8010110000-6625 12990 LSI ruu
PEID U LIMaid: 0.00
Paid: 22.19
Total: 22.19
V10009 TIER;?A WEST' ADVI 8010125000-6340/502801-6340 100502 ial Studies FD 0.00 2,437.50
V10009 TSA WEST ADVI 8010125000-6345/505800-6345 100202 2 08 POW&& PD 0.00 91513.33
V10009 TERRA WEST ADVI 8010125000-6345/505700-6345 100102 2/08 PRJ MIVT-BL FD 0.00 1,350.00
V10009 TIERRA WEST AL7JI 8010110000-6345 100602 2/08 MISC FRT M, PD 0.00 11,965.00
V10009 TIERRA WEST AUDI 8010125000-6345/505825-6345 100902 2/08 PRJ M3"II'-TA PD 0.00 90.00
V10009 TIERRA WEST AMI 8010125000-6345/505800-6345 100702 2/08 PRJ M3"II'-DW PD 0.00 2,210.00
V10009 TIERRA WEST ASVI 8010125000-6345/505825-6345 100702 2/08 PFJ MW-DW FD 0.00 290.00
V10009 TTERRA WEST AUDI 8010125000-6345/505900-6345 100802 2/08 PRT YGU-NE PD 0.00 905.00
City of Azusa HP 9000 05/28/08 O P E N H 0 L D D B LISTING By C Fermi /Entity Nang � 8
WID, MIZ 28, 2008, 5:23 Hui ---req: ROSE-------leg: GL JL---lcc: BI-TSI---jcb: 588759 ##J4136---pgm: 400 <1.34> rpt id: 02
SEDT FU\ID CDJe_s: 80-82 ; Check Issue Utes: 040108-043008
PE ID PE Nacre ACM.Nr NUh= / JCB NUMBER Invoice UrdDer Descnpticn St Disc. Pmt. Dist. Arrt.
MID Lbmdd: 0.00
rraa�i : 28,760.83
Tbtal: 28,760.83
V10166 LNICN BANK OF CA 8000000000-2727 1130/080100999/08
/08 FD 0.00 442.05
V10166 LNICN PANK OF CA 8000000000-3073 2130/0801009 /08 PD 0.00 884.15
V10166 LNICN BaM( OF CA 8000000000-3073 2130/0801008 /08 PD 0.00 884.14
V10166 UIUICN BANK OF CA 8000000000-2727 1130/0801008 PD 0.00 442.04
PEID LS-; id: 0.00
Paid: 2,652.38
Total: 2,652.38
V00388 VE2I71N 8010110000-6915 6261975078032808 626-1975078 FD 0.00 23.38
PEID Lbmdd: 0.00
Pai : 23.38
Total: 23.38
V00876 KV11 = MJI[A 8000000000-3010 2335/0801009 9/08 PD 0.00 140.99
V00876 V%SFLQ\= MIiA 8000000000-3010 2335/0801008 8/08 FD 0.00 140.99
V00876 W%SFLIN,LCN KMA 8000000000-3010 2330/0801008 /08 PD 0.00 50.00
V00876 km_c1E IIIV MJ A 8000000000-3010 1330/0801008 /08 Pf) 0.00 9.00
=1) d: 0.00
Paid: 340.98
Tbtal: 340.98
GRAND TOTAL Lid: 0.00
Paid: 619,566.37
Total: 619,566.37
ORDINANCE NO. 2008 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA AMENDING THE AZUSA
MUNICIPAL CODE REGARDING NOISE SOURCE
STANDARDS
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. DEFINITIONS.
Section. 46-402 of the Azusa Municipal Code is hereby deleted in its entirety and restated
to read as follows:
"Sec. 46-402. Defmitions.
The following words, phrases and terms as used in this chapter
shall have
the meaning as indicated below:
(a) "Ambient noise level" shall mean the all-encompassing noise
level associated with a given environment, being a composite of
sounds from all sources, excluding the alleged offensive noise, at
the location and approximate time at which a comparison with the
alleged offensive noise is to be made.
(b) "Commercial property" shall mean a parcel of real property
which is developed and used either in part or in whole for
commercial purposes including, but not limited to, retail and
wholesale businesses.
(c) "Cumulative period" shall mean an additive period or time
composed of individual time segments which may be continuous or
interrupted.
(d) "Decibel' (db) shall mean a unit which denotes the ratio
between two (2) quantities which are proportional to power; the
number of decibels corresponding to the ratio of two (2) amounts
of power is ten (10) times the logarithm to the base ten (10) of this
ratio.
(e) "Director" shall mean the Azusa Director of Economic and
Community Development.
(f) "Emergency machinery, vehicle or work" shall mean any
machinery, vehicle or work used, employed or performed in an
effort to protect, provide or restore safe conditions in the
community or for the citizenry, or work by private or public
utilities when restoring utility service.
(g) "Fixed noise source" shall mean a stationary device which
creates sounds while fixed or motionless, including but not limited
to, industrial and commercial machinery and equipment, pumps,
fans, compressors, generators, air conditioners and refrigeration
equipment.
(h) "Grading" shall mean any excavating or filling of earth
material, or any combination thereof, conducted to prepare said site
for construction or the placement of the improvements thereon.
(i) "Impact noise" shall mean the noise produced by the collision of
one (1) mass in motion with a second mass which may be either in
motion or at rest.
0) "Industrial property" shall mean a parcel of real property which
is developed and used in part or in whole for manufacturing
purposes including research and development uses.
(k) "Ldn" is the average noise level over a 24 hour period. The
noise between the hours of 10 p.m. and 7 a.m. is artificially
increased by 10 db(A). This noise is weighted to take into account
the decrease in community background noise of 10 db(A) during
this period.
(1) "Mobile noise source" shall mean any noise source other than a
fixed noise source.
(m) "Noise level' shall mean the "A" weighted sound pressure
level in decibels obtained by using a sound level meter at slow
response with a reference pressure of twenty (20) micropascals
(micronewtons per square meter). The unit of measurement shall
be designated as db(A).
(n) "Person" shall mean a person, firm, association, co-partnership,
joint venture, corporation or any entity, public or private in nature.
(o) "Residential property" shall mean a parcel of real property
which is developed and used either in part or in whole for
residential purposes, other than transient uses such as hotels or
motels.
(p) "Predominant tone noise" shall mean a noise characterized by a
predominant frequency or frequencies so that other frequencies
cannot be readily distinguished.
(q) "Professional office" shall mean a parcel of real property which
is developed and used either in part or in whole for business,
clerical or professional activities, not including those activities
regulated as commercial properties.
(r) "Public institutional properties" shall mean a parcel of real
property which is developed and used either in part or in whole for
religious, hospital, scientific, educational or charitable purposes.
(s) "Review authority" shall mean the agency, body or department
charged with issuing and/or enforcing conditions of approval.
(t) "Simple tone noise" shall mean a monotone sound consisting of
a single pitch or vibration.
(u) "Sound pressure level' of a sound, in decibels, shall mean
twenty (20) times the logarithm to the base of ten (10) of the ratio
of the pressure of the sound to a reference pressure, which
reference pressure shall be explicitly stated."
SECTION 2. NOISE LEVEL MEASUREMENT CRITERIA. .
Section 46-403 of the Azusa Municipal Code is hereby deleted in its entirety and restated
to read as follows:
"Sec. 46-403 Noise Level Measurement Criteria.
Any noise level measurements made pursuant to the provisions of
this chapter shall be performed using a sound level meter. The
location selected for measuring exterior noise levels shall be at any
point on the property line of the offender or anywhere on the
affected property. Interior noise measurements shall be made
within the affected unit. The measurement shall be made at a point
in the affected unit at least four (4) feet from the wall, ceiling or
floor nearest the noise source."
SECTION 3. DESIGNATED NOISE ZONES.
Section 46-404 of the Azusa Municipal Code is hereby deleted in its entirety and restated
to read as follows:
"Sec. 46-404 Designated Noise Zones
The properties hereinafter described, whether within or without the
City, are hereby assigned to the following noise zones:
Noise Zone 1: All residential properties;
Noise Zone 2: All professional office and public institutional
properties;
Noise Zone 3: All commercial properties with the exception of
professional office properties; and
Noise Zone 4: All industrial properties."
SECTION 4. EXTERIOR NOISE STANDARDS.
Section 46-405 of the Azusa Municipal Code is hereby deleted in its entirety and restated
to read as follows:
"Sec. 46-405 Exterior Noise Standards.
(a) The following noise standards, unless otherwise specifically
indicated, shall apply to all real property within a designated noise
zone:
Exterior Noise Standards
Noise Zone Noise Level Time Period
55 db(A) 7 a.m. — 10 p.m.
1 50 db(A) 10 p.m. —7 a.m.
2 55 db(A) Anytime
3 60 db(A) Anytime
4 70 db(A) Anytime
(b) In the event the alleged offensive noise consists entirely of
impact noise, simple tone noise, speech, music or any combination
thereof, each of the above noise levels shall be reduced by 5
db(A)."
SECTION 5. EXTERIOR NOISE LEVELS PROHIBITED.
Section 46-406 of the Azusa Municipal Code is hereby deleted in its entirety and restated
to read as follows:
"Sec. 46-406 Exterior Noise Levels Prohibited.
It shall be unlawful for any person at any location within the
incorporated area of the City to create any noise, or to allow the
creation of any noise on property owned, leased, occupied, or
otherwise controlled by such person, which causes the noise level
when measured on any residential, public institutional,
professional, commercial or industrial property, either within or
without the City,to exceed the applicable noise standards:
(a) For a cumulative period of more than thirty (30)minutes in any
hour;
(b) Plus 5 db(A) for a cumulative period of more than fifteen (15)
minutes in any hour;
(c) Plus 10 db(A) for a cumulative period of more than five (5)
minutes in any hour;
(d) Plus 15 db(A) for a cumulative period of more than one (1)
minute in any hour; or
(e) Plus 20 db(A) for any period of time.
In the event the ambient noise level exceeds any of the first four (4)
noise limit categories above, the cumulative period applicable to
said category shall be increased to reflect said ambient noise level.
In the event the ambient noise level exceeds the fifth noise limit
category, the maximum allowable noise level under said category
shall be increased to reflect the maximum ambient noise level."
SECTION 6. INTERIOR NOISE STANDARDS.
Section 46-407 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-407 Interior Noise Standard.
(a) The following noise standards, unless otherwise specifically
indicated, shall apply to all real property with a designated noise
zone:
Interior Noise Standards
Noise Zone Noise Level Time Period
1 55 db(A) 7 a.m. — 10 p.m.
45 db(A) 10 p.m. — 7 a.m.
2, 3, 4 55 db(A) Anytime
(b) In the event the alleged offensive noise consists entirely of
impact noise, simple tone noise, speech, music, or any combination
thereof, each of the above noise levels shall be reduced by 5
db(A)."
SECTION 7. INTERIOR LEVELS OF NOISE PROHIBITED.
Section 46-408 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-408 Interior Levels of Noise Prohibited.
It shall be unlawful for any person at any location within the
incorporated area of the City to create any noise, or to allow the
creation of any noise on property owned, leased, occupied, or
otherwise controlled by such person, which causes the noise level
when measured within any other structure on any residential,
public institutional, commercial, or industrial property to exceed:
(a) The noise standard for a cumulative period of more than five
(5) minutes in any hour;
(b) The noise standards plus 5 db(A) for a cumulative period of
more than one (1)minute in any hour; or
(c) The noise standard plus 10 db(A) for any period of time.
In the event the ambient noise level exceeds either of the
first two (2) noise limit categories above, the cumulative period
applicable to said category shall be increased to reflect said
ambient noise level. In the event the ambient noise level exceeds
the third noise level, the maximum allowable noise level under
said category shall be increased to reflect the maximum ambient
noise level. Each of the noise limits specified above shall be
reduced by 5 db(A) for impact or predominant tone noises, or for
noises consisting of speech or music. In the event that the noise
source and the affected property are within different noise zones,
the noise standards of the affected property shall apply."
SECTION 8. CONSTRUCTION.
Section 46-409 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-409 Construction.
In order to allow construction schedules to take advantage of the
weather. and normal daylight hours, and to ensure that nearby
residents as well as nonresidential activities are not disturbed by
the early morning or late night activities the City has established
the following limits on construction, in compliance with the table
below or as required by conditions of approval.
Construction Hours
Days Allowable Hours
7:00 a.m. to 6:00 p.m.
Monday through Saturday Extended construction hours may only be allowed by
the review authority through conditions of approval
between 6 p.m. and 10 p.m.
Construction activities may only be allowed by the
review authority through conditions of approval
Sunday and National Holidays between 9 a.m. and 5 p.m.
SECTION 9. PROHIBITED NOISE.
Section 46-410 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-410 Prohibited Noise.
Notwithstanding any other provisions of this chapter and in
addition thereto, it shall be unlawful for any person to do any of the
following:
(a) Motor vehicles. No person within the City shall make,
continue or cause to be made or continued any loud, unnecessary or
unusual noise nor shall any person race the motor of any motor
vehicle; needlessly bring to a sudden start or stop any motor
vehicle or operate any motor vehicle, including any motorcycle,
trail bike, dune buggy, motor scooter or jeep, or the motor thereof
on any place other than a highway so as to disturb the peace or
quiet of any neighborhood or person by noise, dust, smoke or
fumes caused by such motor vehicle nor shall any person make any
noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others.
(b) Equipment and machinery. No person shall use, operate or
permit to be used or operated within or near any residential zone
any power tool, machine or equipment or any other tool, machine
or equipment between the hours of 10:00 p.m. and 7:00 a.m., in
such a manner that the sounds therefrom disturb or interfere with
the peace, comfort or welfare of the neighboring inhabitants,
except for emergency work.
(c) Radios, phonographs, musical instruments or other
devices. No person shall use or operate or permit to be played,
used or operated, when under his control or direction, any radio,
receiving set, musical instrument, phonograph or other machine or
device for the producing or reproducing of sound in such a manner
as to disturb the peace, quiet and comfort of the neighboring
inhabitants or at any time with louder volume than is necessary for
convenient hearing for the persons who are in the room, vehicle or
chamber in which such machine or device is operated and who are
voluntary listeners thereto. No person shall use or operate or
permit to be used, operated or played while under his control any
radio, receiving set, musical instrument, phonograph or other
machine or device for the producing or reproducing of sound
between the hours of 10:00 p.m. and 7:00 a.m., in such a manner
that the sound therefrom is plainly audible at a distance of fifty feet
(50') from the building, structure or vehicle in which it is located
(d) Loudspeakers and amplifiers.
(1) No.person shall use or operate or permit to be
played, used or operated while under his control any radio,
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or
reproducing of sound which is cast upon the public streets for the
purposes of commercial advertising or attracting the attention of
the public to any building or structure.
(2) No person shall use or operate or permit to be
played, used or operated while under his control any radio,
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or
reproducing of sound in a public park, unless in conjunction with
an Outdoor Festival (A.M.C. Sections 18-811 et seq.) or a City
sponsored event.
(e) Public address systems. No person shall install, maintain
or operate any outdoor paging system or public address system
which is:
(1) Capable of producing a sound level of 5 db(A)
above the ambient sound level at the property line of the adjacent
property;
(2) Operated between the hours of 9:00 p.m. and 8:00
a.m.; and
(3) Used in a manner as to create a sound upon any
residential property at any time, which sound is of such tone or
volume as to be annoying or disturbing to persons of normal
sensibility upon any residential property
(f) Animals and birds. No person shall keep, maintain or
permit upon any lot or parcel of land under his control any dog,
animal or fowl which by any sound, bark or cry disturbs the peace
or comfort of the neighboring inhabitants or interferes with any
person for the reasonable and comfortable enjoyment of life and
property."
SECTION 10. LIMITATION ON TRUCK DELIVERIES.
Section 46-411 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-411 Limitation on Truck Deliveries.
Truck deliveries to a commercial or industrial parcel adjacent to a
conforming residential use shall be limited to the hours between
7:00 a.m. and 7:00 p.m., unless the Director authorizes other
delivery times based on the determination that there is either no
feasible alternative; or there are overriding transportation and
traffic management benefits to scheduling deliveries at night."
SECTION 11. NOISE RECEPTOR STANDARDS.
Section 46-412 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-412 Noise Receptor Standards.
Where noise-sensitive land uses are proposed in areas exposed to
existing or projected noise levels in excess of the standards in
Sections 46-405 and 46-407, the City shall require an acoustical
analysis as part of the environmental review process so that noise
mitigation may be included in the project design, so that proposed
structures are designed to limit intruding noise in interior rooms to
45 db(A) Ldn. At the discretion of the Director, the requirement for
an acoustical analysis may be waived if all of the following
conditions are satisfied:
(a) The development is for less than five (5) single-family
dwellings or less than ten thousand (10,000) square feet of total
gross floor area for office buildings meeting facilities;
(b) The noise source in question consists of a single roadway or
railroad for which up-to-date noise exposure information is
available. An acoustical analysis will be required if the noise
source is a stationary noise source, or if there are multiple noise
sources that could affect the project;
(c) The projected future noise exposure at the exterior of proposed
buildings or outdoor activity areas does not exceed 65 db(A) Ldn;
(d) The topography of the area is essentially flat; and
(e) Effective noise mitigation, as determined by the Director, is
incorporated into the project design. The measures can include, but
are not limited to, the use of building setbacks, building
orientation, or noise barriers. If closed windows are required for
compliance with interior noise level standards, air conditioning or
a mechanical ventilation system will be required."
SECTION 12. EXEMPTIONS.
Section 46-413 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-413 Exemptions.
The following activities shall be exempt from the provisions of this
chapter:
(a) School bands, school athletics and school entertainment events,
provided such events are conducted on school property or
authorized by the City;
(b) Activities otherwise lawfully conducted in public parks, public
playgrounds and public or private school grounds;
(c) Any mechanical device, apparatus or equipment used, related
to or connected with
emergency machinery, vehicle or work;
(d) Noise sources associated with construction, repair, remodeling,
or grading of any real
property; provided a permit has been obtained from the City; and
provided said activities take place between the hours enumerated in
Section 46-409.
(e) Noise sources associated with the maintenance of real property
provided said activities take place between the hours of 8 a.m. and
8 p.m. on any day except Sunday or between the hours of 9 a.m.
and 5 p.m. on Sunday or a federal holiday;
(f) Noise sources associated with the authorized collection of solid
waste.
(g) Any activity or equipment to the extent that design regulation
thereof has been pre-empted by state or federal laws."
SECTION 13. MISCELLANEOUS PROVISIONS.
Section 46-414 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-414 Miscellaneous Provisions.
(a) Acoustical analysis required. Where Director determines that
a proposed project may generate noise in excess of any limit
established by Sections 46-405 and 46-407, and/or where the use
may generate noise in outdoor areas in excess of 60 db(A), the land
use permit application for the use shall include an acoustical
analysis by a qualified professional approved by the Director.
(1) Contents. The analysis shall determine the potential for
stationary source noise impacts to neighboring land uses, include
field measurements to determine more precise locations for
existing and projected future noise levels (based on traffic
projections in the circulation element of the general plan or as
otherwise accepted by the city), and recommend appropriate
mitigation measures.
(2) Preferred mitigation measures for receptor sites.
When development is subject to high noise levels requiring
mitigation, the following measures shall be considered and
preference shall be given where feasible in the following order:
a. Site layout, including setbacks, open space
separation and shielding of noise sensitive uses with non-noise-
sensitive uses;
b. Acoustical treatment of buildings; or
c. Structural measures such as constructed of earth
berms and/or wood or concrete barriers; provided that no sound
wall shall be located adjacent to a public street."
SECTION 14. VIOLATION.
Section 46-415 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-415 Violation.
Any person violating any of the provisions of this chapter shall be
deemed guilty of a MISDEMEANOR. Each day such violation is
committed or permitted to continue shall constitute a separate
offense and shall be punishable as such. The provisions of this
chapter shall not be construed as permitting conduct not proscribed
herein and shall not affect the enforceability of any other applicable
provisions of law."
SECTION 15. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and
each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of
the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or
portions might subsequently be declared invalid or unconstitutional.
SECTION 16. CEQA.
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 17. EFFECTIVE DATE.
This Ordinance shall become effective thirty(30) days after its adoption.
SECTION 18. PUBLICATION.
The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be
posted as required by law.
PASSED, APPROVED, AND ADOPTED this day of 2008.
Joseph R. Rocha
Mayor
ATTEST:
Vera Mendoza
City Clerk
APPROVED AS TO FORM:
f
Sonia R. Carvalho, City Attomey
�r
._11/0
,.
ZUSifi
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CITY ATTORNEY
VIA: F.M. DELACH, CITY MANAGER Alp
DATE: JUNE 2, 2008
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
AMENDING PORTIONS OF THE AZUSA DEVELOPMENT CODE CONCERNING
VEHICLE PARKING AND STORAGE REGULATIONS, COMMERCIAL, OVERSIZED
AND RECREATIONAL VEHICLE PARKING AND STORAGE REGULATIONS ON
PRIVATE PROPERTY AND TEMPORARY SIGN AND TENT REGULATIONS
RECOMMENDATION:
It is recommended that the City Council waive further reading, read by title only and introduce
the attached ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, AMENDING PORTIONS OF THE AZUSA DEVELOPMENT CODE
CONCERNING VEHICLE PARKING AND STORAGE REGULATIONS, COMMERCIAL, OVERSIZED
AND RECREATIONAL VEHICLE PARKING AND STORAGE REGULATIONS ON PRIVATE
PROPERTY AND TEMPORARY SIGN AND TENT REGULATIONS
BACKGROUND
On May 14, 2008, the City Council continued this item at the request of the Planning
Commission to allow them sufficient time to ensure that the minutes of the April 30, 2008,
Planning Commission meeting accurately reflected the action taken on this item. Included in
the Planning Commission's May 28, 2008, agenda packet were verbatim minutes for this item
and an audio tape of the entire Planning Commission meeting. At the May 28, 2008,
Planning Commission meeting, the Commission unanimously approved the April 30, 2008,
minutes.
DISCUSSION:
With the issue of the Planning Commission minutes resolved, staff is bringing the draft
Ordinance before the City Council for consideration. The original May 14, 2008, City Council
staff report has been included as an attachment to this staff report as no further changes to
the Ordinance have been proposed since the May 14, 2008, meeting.
,/,‘„
—1—
FISCAL IMPACT:
None.
Attachments: (1) May 14, 2008, City Council staff report
(2) Development Code Ordinance
(3) Redline draft of amended code sections
-2-