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Agenda Packet - June 16, 2008 - CC
AGENDA CITY COUNCIL, THE REDEVELOPMENT AGENCY AND THE AZUSA PUBLIC FINANCING AUTHORITY AZUSA AUDITORIUM MONDAY, JUNE 16, 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 ofstaffreports or other written documentation relatingto each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection at the City Library. 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. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 17525 and 17523 E. Arrow Hwy (N/E corner Azusa and Arrow) Negotiating Parties: Messrs. Clark Orin Allen and William L. Allen Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment 2. REAL PROPERTY NEG6TIATIONS (Gov. Code Sec. 5495.6.8) Address: 190 West 9th Street, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Foothill Drug- Business Owner Kakui Law Under Negotiation: Price and Terms of Payment 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 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 — Bishop Timothy Bradbury Monzello of The Church of Jesus Christ of Latter-Day Saints. PRESENTATION: • Live Amateur Radio RelayLeague gue (ARRL) Annual Field Day Event Announcement: In Conjunction With The Azusa Amateur Communication Emergency Services (AACES), San Gabriel Valley Radio Club (SGVRC), and the Church of Jesus Christ of Latter-Day Saints - Glendora Emergency Response Communication group (GERC). A. PUBLIC PARTICIPATION (Person/Group shall be allowed to speak without interruption up to five (S) 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.) 06/16/08 PAGE TWO a . i B. REPORTS, UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL 1 . MAYOR ROCHA- a. Kelly Middleton of the San Gabriel Valley Mosquito &Vector Control District to provide an update on the West Nile Virus. b. Request for a proclamation for the Deacons Club in celebration of their 601'Anniversary. 2. Update on Block 36. 3. Request of Human Relations Commission Liaison for recognition (proclamation/certificates) to the Human Relations Commission. 4. RECREATION SWIM. RECOMMENDED ACTION: Receive and file the report on Recreation Swim. C. SCHEDULED ITEMS CONVENE JOINTLY AS THE CITY COUNCIL, THE REDEVELOPMENT AGENCY AND THE AZUSA PUBLIC FINANCING AUTHORITY TO CONSIDER THE FOLLOWING: 1 . FISCAL YEAR 2008/09 CITY,AZUSA PUBLIC FINANCING AUTHORITY AND REDEVELOPMENT AGENCY BUDGET ADOPTION. RECOMMENDED ACTION: Formally adopt the City's Operating Budget, the Redevelopment Agency's Operating Budget, and the Azusa Public Financing Authority's Operating budget for Fiscal Year 2008/09 (the "Combined Operating Budget"), as proposed at the May 27, 2008 Budget Workshop together with such amendments as desired and adopt the following Resolutions: a. Waive further reading and adopt Resolution No. 08-C46, (City) approving the budget and approving appropriations for the City of Azusa for the Fiscal Year commencing July 1 , 2008 and ending June 30, 2009. b. Waive further reading and adopt Resolution No. 08-R25, (Agency) approving the budget and approving appropriations for the City of Azusa Redevelopment Agency for the Fiscal Year commencing July 1 , 2008 and ending June 30, 2009. c. Waive further reading and adopt Resolution No. 0-P2, (Azusa Public Financing Authority) approving the budget and approving appropriations for the Azusa Public Financing Authority for the Fiscal Year commencing July 1, 2008 and ending June 30, 2009. THE REDEVELOPMENT AGENCY TO RECESS, THE AZUSA PUBLIC FINANCING AUTHORITY TO ADJOURN, AND CITY COUNCIL TO CONTINUE. 06/16/08 PAGE THREE ( ( 2. PUBLIC HEARING - RESOLUTIONS ADOPTING 2008/09 FISCAL YEAR SCHEDULE OF FEES f AND CHARGES. RECOMMENDED ACTION: Continue the Public Hearing to the City Council meeting of Tuesday, July 8, 2008. 3. PUBLIC HEARING - REFUSE RATE ADIUSTMENT. RECOMMENDED ACTION: Open and conduct a public hearing to consider refuse collection rate adjustments for Athens Services effective July 1 , 2008; close public hearing, and if no less than a majority protest has been received from notified property owners, waive further reading and adopt Resolution No. 08- 047, approving amendment number eleven to the Exclusive Franchise Agreement and setting forth rate schedule of either OPTION 1 or OPTION 2. 4. PUBLIC HEARING - URGENCY ORDINANCE AMENDING DIVISION 6 OF ARTICLE VI OF CHAPTER 78 OF THE AZUSA MUNICIPAL CODE REGARDING WATER CONSERVATION. RECOMMENDED ACTION: Open the Public Hearing; receive testimony, close the Public Hearing. Waive further reading and adopt by at least 4/5 vote Urgency Ordinance No. 08-06, amending Division 6 of Article VI of Chapter 78 of the Azusa Municipal Code regarding water conservation: 5. PUBLIC HEARING - APPEAL OF DESIGN REVIEW DR 2007-69 AND VARIANCE V 2007-09 PLANNING COMMISSION DENIAL TO ALLOW THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH REDUCED SIDE SETBACKS- 614 N. ALAMEDA RECOMMENDED ACTION: Open the Public Hearing; receive testimony, close the Public Hearing. Review the appeal documentation and either uphold the Planning Commission's decision to deny the requested Variance (V-2007-09) and Design Review (DR 2007-69), or reverse the Planning Commission's findings and approve Variance V 2007-09 and Design Review Dr 2007-69. 6. PUBLIC HEARING - CALL UP OF MINOR USE PERMIT MUP 2008-5 - PLANNING COMMISSION APPROVAL TO EXPAND THE HOURS OF OPERATION OF AN EXISTING APPROVED DRIVE-THROUGH TO 24 HOURS A DAY - 444 E. FOOTHILL, T-BURGERS. RECOMMENDED ACTION: Open the Public Hearing; receive testimony, close the Public Hearing. Provide direction to staff regarding the approval, conditional approval, or denial of Minor Use Permit 2008-05. D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions wi/l be enacted with one vote. if Counci/members or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPEC/AL CALL /TEMS. 1 . APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF IUNE 2. 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). 06/16/08 PAGE FOUR 3. PURCHASE OF A NEW OPTO-MARK BALLOT COUNTER FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD MARCH 3. 2009. RECOMMENDED ACTION: In accordance with Azusa Municipal Code Section 2-518 (b), approve the purchase of a new Opto-Mark Ballot Counter from Martin &Chapman Company, Election Suppliers, and authorize the issuance of a purchase order in an amount not to exceed $16,454. 4. BLANKET PURCHASE ORDERS OVER $10,000 FY 2008/09. RECOMMENDED ACTION: Approve the issuance of the blanket purchase orders detailed on the attached schedule under the provisions of Section 2-523 of the Azusa Municipal Code. 5. NOTICE OF COMPLETION - CITY-WIDE CONCRETE IMPROVEMENTS RECOMMENDED ACTION: Approve the Notice of Completion for City-Wide Concrete Improvements as completed by Martinez Concrete, Inc., in the amount of $354,000.00 and authorize staff to file the Notice of Completion with the Los Angeles County Clerk. 6. RESOLUTION IN OPPOSITION TO THE PROPOSED TOLL LANES ON THE 1-10 AND -210 FREEWAYS. RECOMMENDED ACTION: Adopt Resolution No. 08-C48, in opposition to the proposed conversion of existing high occupancy vehicle (HOV) lanes to toll (HOT) lanes on the 1-210 and I-10 Freeways. 7. WARRANTS. Resolution authorizing payment of warrants by the City. RECOMMENDED ACTION: Adopt Resolution No. 08-C49. RECONVENE JOINTLY WITH THE REDEVELOPMENT AGENCY E. IOINT CITY/AGENCY ITEMS 1. CONTINUED IOINT PUBLIC HEARING - CONSIDERATION OF ADOPTION OF A REDEVELOPMENT PLAN AMENDMENT FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROTECT CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT AND OTHER RELATED ACTIONS. RECOMMENDED ACTION: (1) Accept copies of the objection letters and the responses prepared by the Redevelopment Agency, attached as Exhibit 1 . (2) Waive further reading and adopt Resolution No. 08-050, (City) attached as Exhibit 2, Approving and Adopting Written Responses and Findings to Written Objections to the Proposed Amendment to the Redevelopment Plan for the Project Area. (3) Waive further reading and adopt Resolution No. 08-R26, (Agency) attached as Exhibit 3, certifying the final Environmental Impact Report (EIR) for the Plan Amendment. (4) Waive further reading and adopt the Resolution No. 08-051 , (City) attached as Exhibit 4, certifying the final Environmental Impact Report (EIR) for the Plan Amendment. 06/16/08 PAGE FIVE (5) Waive further reading and adopt Resolution No. 09-052, (City) 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 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. (6) Waive further reading and adopt the Resolution No. 08-R27, (Agency) 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. (7) Waive further reading and adopt the Resolution No. 08-053, (City) 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. (8) Waive further reading and adopt the Resolution No. 08-R28, (Agency) 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. (9) The City Council waive reading and adopt (first reading) the Ordinance attached as Exhibit 9 approving the Plan Amendment. COUNCIL TO RECESS AND REDEVELOPMENT AGENCY TO CONTINUE F. AGENCY SCHEDULED ITEMS 1 . PUBLIC HEARING - MID-TERM REVIEW OF FIVE-YEAR (2005-2009) IMPLEMENTATION PLAN FOR THE CENTRAL BUSINESS DISTRICT,WEST END AND RANCH CENTER REDEVELOPMENT PROJECT AREAS. RECOMMENDED ACTION: Open the Public Hearing; receive testimony, close the public hearing. Adopt Resolution No. 08-R29, approving the Mid-Term Review of the Five-Year (2005 - 2009) Implementation Plan for the Central Business District, West End and Ranch Center Redevelopment Project Areas ("Mid-Term Review") pursuant to Health and Safety Code Section 33490 of the California Community Redevelopment Law ("CRL"). G. AGENCY CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. if Boardmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1 . APPROVAL OF MINUTES OF THE REGULAR MEETING OF IUNE 2, 2008. RECOMMENDED ACTION: Approve Minutes as written. 06/16/08 PAGE SIX Z 2. WARRANTS. Resolution authorizing payment of warrants by the Agency. RECOMMENDED ACTION: Adopt Resolution No. 08-R30. H. ORDINANCES/SPECIAL RESOLUTIONS 1 . SECOND READING AND ADOPTION OF 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 and adopt Ordinance No. 08-07 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. 2. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE DESIGNATING HIGH FIRE HAZARD SEVERITY ZONES IN WILD LAND URBAN INTERFACE AREAS. RECOMMENDED ACTION: Waive further reading and adopt Ordinance No. 08-08, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONES AND WILDLAND URBAN INTERFACE AREAS. 1. ADIOURNMENT 1. Adjourn. UPCOMING MEETINGS: June 23, 2008, Utility Board Meeting- 6:30 p.m. (Light and Water Conference Room) July 8, 2008, (Tuesday) City Council Meeting- 6:30 p.m. (Auditorium) July 21 , 2008, City Council Meeting- 6:30 p.m. (Auditorium) July 28, 2008, Utility Board Meeting - 6:30 p.m. (Light and Water Conference Room) in compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting,please contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the meeting when specialservices are needed will assist staffin assuring that reasonable arrangements can be made to provide access to the meeting 06/16/08 PAGE SEVEN v Date: June 15, 2008 To: Participants in Special City of Azusa City Council Meeting Field Day Announcement From: Keith Hanks Subject: ARRL Field Day Announcement Activity,April 9, 2008 pm update Status: This is coming together. • Tom Morgan has committed to be the SGVRC contact [SGVRC]. • Gary Watson, KG6RED, will be the GERC radio contact [GERC] • Merrie Suydam, Royal Smith, KI6JL X, AACES personnel will be the [Speaker] and [net control] and will provide on site radio • I don't have a name for the AACES remote contact, or do you want do make your announcement live? • Olga Bruno will be standby for [Speaker],just in case • Jim Dowdle will speak to JOTA, in Scout Uniform • Mayor Rocha knows that he is part of this. I plan to provide his radio. • A show of hams in the audience would be nice • Setup, the Council Chamber will be open shortly before 6:30 pm. The Council will meet briefly and then dismiss to closed session. Set up will be available between then and 7:30 pm. It would be good for everyone to make contact during the closed session to make sure that the radios work, and that signals can reach out of the building. I will have my car in the parking lot with my mobile radio in case someone needs to come close to communicate out of the building. • Royal, do you need to have a table set up or are you self sufficient? • Frequencies: Option 1: 144.970/147.405 repeater out of Glendora Alt 2 : 145.575 simplex, A-Tax 1 Alt 3 : 147.540 simplex, A- Tax 2 Agenda: WE ARE THE FIRST THING ON THE AGENDA! 7:30 pm • Call To Order • Pledge to the Flag • Invocation • PRESENTATION: Live Amateur Radio..... Questions? Contact me at(626) 391-9291 Location: Azusa City Council Meeting, Monday June 16, 2008, 7:30 p.m. Participants: • Council: Keith Hanks, KG6TPU, Introduction,khanks@ci.azusa.ca.us • Speaker: Merry Suydam, [callsign], AACES personnel, ab6ir@iuno.com • Radio Operator: Royal Smith, K16JUX,AACES personnel in full Field Day attire, with 2m base radio and antenna , Royal.Smith ,n c.com • Designated GERC operator: [Gary Watson, KG6RED] to respond to call and describe Horsethief Canyon activity, watts9@hotmail.com • Designated SGVRC operator: [Tom Morgan, KB6JVE] Morgont aol.com to respond to call and describe Encanto Park activity • Designated AACES operator: [?, ?] to respond to call and describe their activity • Jim Dowdle, KG6TQT, Valley del Sol Boy Scout District Round Table Commissioner, to explain Jamboree on the Air(JOTA), dowdle@roadrunner.com • Olga Bruno, [callsign], City of Azusa, Office of Emergency Services, standby, obruno@ci.azusa.ca.us Introduction: Keith Hanks, KG6TPU, Azusa City Council Member For the last two years we have announced the upcoming ARRL amateur radio Field Day, and invited the community to participate in this important activity. This year, we have local amateur radio operators who will tell us about amateur radio, the Field Day, and(2 or 3) local events. These events are sponsored by the San Gabriel Valley Radio Club, the Church of Jesus Christ of Latter-day Saints Glendora Emergency Response Communication group (GERC), and our own Azusa AACES who are participating with the SCATS group this year. I would like to introduce Meme Suydam, [callsign] of the Azusa AACES group who will present this year's ARRL field day invitation. Speaker: Meme Sudyam [callsign] Amateur Radio is a hobby that allows a radio operator(or ham) to meet and communicate on the air waves. However, many hams see amateur radio as an opportunity to provide public service, especially during times of emergency. "Major Amateur Radio Emergency Organizations Amateur Radio operators have informal and formal groups to coordinate communication during emergencies. At the local level, hams may participate in local emergency organizations, or organize local 'traffic nets."At the state level, hams are often involved with state emergency management operations. In addition, hams operate at the national level through the Radio Amateur Civil Emergency Service (RACES), which is coordinated through the Federal Emergency Management Agency, and through the Amateur Radio Emergency Service (ARES), which is coordinated through the American Radio Relay League and its field volunteers." ARRL Ham Radio Works hftp://emergency-radio.org/hamworks.html The ARRL Field Day is an event where amateur radio operators, all over the nation, set up their field stations and practice communications in less than ideal circumstances. The goal is to have a good time contact as many other radio operators as possible, and to practice the skills that will allow them to help their communities in time of disaster. Several Field Day events will be held locally. Our radio operator Royal, call sign K16JUX will contact representatives of SGVRC, GERC,the Azusa AACES who will invite all members of the community to come and participate in Field Day. Radio Operator(s): Royal Smith, K16JLJX Net: QST, QST, QST, this is K16JUX calling a special net of the GERC, SGVRC, and AACES for the purpose of inviting members of the community to participate in any of several Field Day events. My name is Royal, I am located in the City of Azusa City Council Chambers, and I will be acting as Net Control for this event. Net: We will begin the net by inviting the SGVRC to briefly explain their Field Day activities. Net: This is net control calling Tom, KB6JVE SGVRC: Good evening net control this is Tom, KB6JVE. Net: Good evening Tom, and welcome to our special pre Field Day net. We are with the Azusa City Council. Would you please share with the Council the time, location, and activities of your field.day event, and how members of our community can participate in Field Day. SGVRC: Certainly. The SGVRC Field Day event will be held just across the San Gabriel River in the City of Duarte Encanto Park. We will be there on Saturday, June 28 setting up from 8 am, and operating from 11 am to 8 pm. We will be operating on both HF and UHF bands, and expect to talk with amateur radio operators from all over the United States, and if we are fortunate, world wide. We invite people to stop by and see how amateur radio is done, and to have a chance to talk on the radio. This will be a great opportunity for Boy Scouts to come and work on the Radio Merit Badge. We now return the net to net control this is KB6JVE. Net: Thank you, it sounds like you have a good field day planned. We will continue the net by inviting the Glendora Emergency Response Communications group to briefly explain their Field Day activities. Net: This is net control calling Gary, KG6RED. GERC: Good evening net control this is Gary, KG6RED. i7 Net: Good evening Gary and welcome to our pre Field Day net. We are conducting our net from the Azusa City Council Meeting. Would you please share with the Council how members of our community can participate in your Field Day activity? GERC: Certainly. The Glendora Emergency Response Communications Group, Field Day event, will be held in the City of San Dimas Horsethief Canyon Park, located at the intersection of San Dimas Canyon Road and Sycamore Canyon Road, across from the San Dimas County Park. We will be there on Saturday, June 28 from 6:30 am to dusk. We will be operating several radios and expect to talk with amateur radio operators from all over the United States. We invite people to stop by and see how amateur radio is done, and to have a chance to talk on the radio. We expect several Boy Scouts to come and talk on the radio to earn merit badges, and to get ready to participate in the BSA Jamboree on the Air (JOTA) activities in October. We now return the net to net control this is KG6RED. Net: Thank you, it sounds like you also have a good field day planned. We will conclude the net by contacting Azusa's own AACES operators. Net: This is net control calling [AACES] AACES: Good evening net control this is [AACES] Net: Good evening [AACES] and welcome to our special pre Field Day net. Would you please describe your field day event and how members of our community can participate in Field Day? AACES: Certainly. This year the AACES will be participating in the Southern California Amateur Transmitting Society Field Day event will be held at Countrywood 'Park in Hacienda Heights. We will be there on Saturday, June 28 from—am to _pm. There will be _4?_radios in operation. We invite people to stop by and see how amateur radio is done, and to have a chance to talk on the radio. We now return the net to net control this is [AACES]. Net: Thank you, this is net control, KI6JUX, we would like to pass the microphone to Mayor Rocha and give him a chance to speak to the net. Mayor Rocha: Good evening. This is Mayor Rocha, I would like to thank the radio operators who have participated at the Azusa City Council meeting tonight. I would like to encourage people to visit one of the Field Day activities and learn about amateur radio. It is kind of fun. We invite people who are interested in amateur radio and who would like to participate with AACES and become a volunteer radio operator to contact our Azusa Emergency Services Coordinator, Olga Bruno, and learn about AACES participation. Thank you, and I turn the microphone back over to net control. Net: Thank you Mr. Mayor. We appreciate all hams who have participated in our net tonight, and hope that many people will have an interest, and come to visit one of these, i or other Field Day locations. We now close the net, and the frequency is clear at (time). This is net control K16JUX, and 73's to all. Speaker: Meme Sudyam [callsign] I would like to invite Jim Dowdle to take a moment and explain how Boy Scouts can _ participate in the Jamboree on the Air activities. Jim Dowdle, KG6TQT, (Valley del Sol District, Boy Scout Roundtable Commissioner) Jamboree on the Air(JOTA) is NOT held at Field Day in June. Last year at GERC Filed Day.several Boy Scouts came to finish up Radio Merit Badge. This year boys from Troop 360 (Glendora Stake Boy Scout Troop) will participate in a merit badge class on June 17th and then come to Field Day on the 28th to finish up the on the air portion of the merit badge. This year marks the 51st anniversary of JOTA. JOTA is always held on the 3rd weekend in October -worldwide. This year it is scheduled for October 18th 2008, tentatively at Sonrise Christian School in Covina. The worldwide JOTA is actually 2 days, both Saturday Oct 18 & Sunday Oct 19th; however because of church commitments we hold it only on Saturday. We have had a radio merit badge class in the past prior to JOTA in October and then the boys come to JOTA and finish up the Merit Badge. o4;4.. .r _ - ��� 77 REPORTS 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 A Ro DATE: JUNE 16, 2008 �b SUBJECT: RECREATION SWIM RECOMMENDATION: It is recommended that City Council receive and file the report on Recreation Swim. BACKGROUND: As requested by the Mayor and members of the City Council, the Director of Recreation and Family Services sent a brief report to Council on Recreation Swim. This report was written on May 27, 2008 and received as an inter-office memorandum by City Council at the meeting of June 2, 2008. It is important to reiterate that free swim does exist in the current recreation swim program. As previously mentioned, free swim passes are available and distributed throughout the summer. These passes can be earned through various meritorious efforts including recycling, academic achievement and community service. Annual participants in this free swim pass reward program include the following organizations and programs: • Azusa City Library Summer Reading Program • Homework House • Recycling • Tree Planting Volunteer Program • Community Service Projects • Prizes in Summer Playground Wacky Wednesday Program The common thread in each of these programs is that these free swim passes are earned. This is a critical element to drastically reduce vandalism and discipline related incidents at the pool. Quite simply, the ownership and investment taken by.a paying patron or one who has earned the same opportunity to participate, is of tremendous value in curbing vandalism and incident reports. This philosophy has been equally as critical to maintaining the beautiful condition of the aquatics facility (14) years later, following its construction in 1994. In addition, it is our pleasure to announce that free swim will be made available to the general public on 4`h of July weekend (July 4-5-6, 2008) courtesy of the Kids Come First Golf Tournament Committee. The Committee has chosen to fund this holiday weekend of free swim with a portion of the proceeds from the 2008 Kids Come First Golf Tournament. FISCAL IMPACT: None Attachment: Inter-Office Memorandum "Report on Recreation Swim - May 27, 2008" 08-070 Recreation & Family Services Department Inter Office Memorandum To: Honorable Mayor and Members of the City Council Via: Fran Delach, City Manager From: Joe Jacobs, Director of Recreation and Family Services Subject: Report on Recreation Swim Date: May 27, 2008 As requested by Mayor Rocha and Members of the City Council, the following is a brief report on Recreation Swim. The report will include a detail of revenue accrued in 2007 as well as projected expenditures for the summer of 20o8 as associated with recreation swim. Additional expenditures for maintenance,chemicals and utility costs are not included in the figures below as they would be split between the other uses of the facility, including swim lessons,swim team and facility rentals. The table below is followed by a list of bullet points that may be helpful in later discussion. Revenue: (8o) Days of Recreation Swim in 2007- $20,582.00 (Actual) Expenditures: (Personnel Only) (Projected in 2008) Weekends: Daily Staffing Costs for Recreation Swim Sessions (Hours/shift x Number of Staff Members x Hourly Rate) Lifeguards: 4.5 x 12 x$io.83 = $584.82 Recreation Aides/Cashiers 4.5 x 4 x $8.83 = $158.94 Pool Management 4.5 x 1 x $14.28= 64.26 Total Staff Cost per day: $808.02 Total Weekend Staff Cost $808.02 x 26 Days = $21,008.52 K Weekdays: Daily Staffing Costs for Recreation Swim Sessions (Hours/shift x Number of Staff Members x Hourly Rate) Lifeguards: 3.5 x 12 x $10.83 = $454.86 Recreation Aides/Cashiers 3.5 x 4 x $8.83 = $123.62 Pool Management 3.5 x 1 x $14.28= $ 49.98 Total Staff Cost per day: $808.02 Total Weekday Staff Cost $628.46.02 x 59 bays = $37,079.14 Total Staffing Costs for Recreation Swim Sessions Total Weekend Staff Costs for Summer 2oo8: $21,008.52 Total Weekday Staff Costs for Summer 20o8: $37079.14 Total Projected Expenditures (Personnel Only) for 20o8: $58,087.66 Points of Interest: Recreation swim fees are on a par with, and in many cases lower than those of neighboring communities. • Free swim passes are available and distributed throughout the summer. These passes can be obtained through various meritorious efforts including recycling, academic achievement and community service. The Aquatics Center remains in excellent condition, (14)years after it was built. This condition would be greatly compromised and suffer immediately from a vandalism standpoint under the umbrella of an entire summer of"Free Swim". Equipment replacement, as well as a result of vandalism, would force the cost to go up exponentially as well. Participants would no longer share an ownership or investment in the facility, and historically vandalism would increase accordingly. Respectfully Submitted, Joe Jacobs Director of Recreation and Family Services o8-064 "Creating a Lifetime ofWemoriesf r the Entire FamiCy TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL/BOARD MEMBERS FROM: F. M. DELACH, CITY MANAGER44-0 DATE: JUNE 16, 2008 SUBJECT: FISCAL YEAR 2008/09 CITY, AZUSA PUBLIC FINANCING AUTHORTIY, AND REDEVELOPMENT AGENCY BUDGET ADOPTION RECOMMENDATION It is recommended that the City Council and respective Boards formally adopt the City's Operating Budget, the Redevelopment Agency's Operating Budget, and the Azusa Public Financing Authority's Operating Budget for Fiscal Year 2008/09 (the "Combined Operating Budget") as proposed at the May 27, 2008 Budget Workshop together with such amendments as they should desire and approve the attached Resolutions. BACKGROUND It is a pleasure to inform the City Council that when many cities are cutting budgets and struggling to balance their revenues and expenditures, the City of Azusa has been able to maintain its service levels and staffing. The Combined Operating Budget for FY 2008/09 was presented to Council at the May 27, 2008 workshop, at which time it was presented in detail. Council tentatively approved the budget at the workshop and directed staff to make certain amendments, and finalize the budget documents and resolutions for this meeting. The resolutions and budget amendments (attachment "A") are included with this memorandum. FISCAL IMPACT The Combined Operating Budget of $159,852,585 (comprising the City General Fund, Enterprise funds, Special Revenue funds, Azusa Redevelopment Agency, and the Public Finance Authority) together with the. costs of such amendments as the Council and respective Boards may approve pursuant to Attachment "A" of this report. The General Fund appropriation is $33,069,950. Attachments Budget Summaries and Resolutions Attachment "A" BUDGET SUMMARIES Y.. z� `GORPw�.W FO ,44 n,� Summary of Changes to Fund Balances Estimated Estimated Estimated Estimated Estimated Estimated Estimated Fund Balance Revenues Transfers Expenses Transfers Annual , Fund Balance .r Fund 6130/2008 for FY 2009 In for FY 2009 Out Budget Bal 613012009 General Fund(undesignated) 10,598,011 32,182,150 1,005,580 28,848,160 4,221,790 117,780 10,715,791 Special Revenue Funds Slate Gas Tax 64,386 1,554,235 0 1,408.605 0- 145,630 210,016 Hwy.39 Maint. 1,799,546 0 0 0 0 0 1,799,546 Utility Mitigation 2,782,250 0 1,443,000 0 0 1,443,000 4,225,250 Transit-Proposition'A' 1,265,212 933,000 0 952,105 0 (19,105) 1,246,107 Transit-Proposition'C' 303,736 851,000 0 709,680 0 141,320 445,056 C D B G 3,124 613,935 0 547,935 0 66,000 69,124 Senior Nutrition 0 204,805 76,365 281,170 0 0 0 Public Benefit Program 1,925,142 825,000 0 903,720 0 (78,720) 1,846,422 Head Start 0 0 0 0 Air Quality Improvement 98,734 100,000 0 85,505 0 14,495 11.3,229 State Grants and Seizures 652,923 356,210 0 508,191 150,000 (301,981) 350,942 Suppl Law Enforcement 3,845 102,000 0 105,845 0 (3,845) 0 COPS-Universal Hiring 0 27,700 0 (27,700) (27,700) CFD Administration Fund 13,767 525,000 0 525,000 0 0 13,767 Employee Benefits 0 0 27,700 27,700 0 0 0 Fire Safety Contract 21,000 1 25,000 3,767,275 3,792,275 0 0 21,000 Total Special Revenue Funds 8,933,665 6,090,185 5,314,340 9,875,432 150,000 1,379 093 10,312,758 Capital Projects Funds Park In-Lieu 16,951 19,300 0 0 0 19,300 36,251 Capital Projects 35,544 0 0 0 0 0 35,544 Rosedale Contribution Fund 2,200,480 0 0 0 0 0 2,200,480 Rosedale Traffic Mitigation 1,132,500 0 0 0 0 0 1,132,500 Public Financing Authority-CIP 29,008,242 2,000,000 0 15,000,000 350,000 (13,350,000) 15,658,242 Public Warks Endowment 1,568,349 0 0 39,625 039,625 1,528,724 Total Capital Project Funds 33,962,066 2,019,300 0 15,039,625 350,000 (13370325 20,591,741 Debt Service Fund Public Financing Authority 136,048 520,430 3,288,505 3,288,505 0 520,430 656,478 Total Debt Svc Fund 136,048 520,430 3,288,505 3,288,505 0 520,430 656,478 Enterprise Funds(Unrestricted) Water 12,326,955 17,162,595 0 20,582,885 3,143,190 (6,563,480) 5,763,475 Sewer 816,044 1,620,000 0 1,899,595 362,565 (642,160) 173,884 Light 31,104,977 44,577,465 0 48,043,890 1,007,900 (4,474,325) 26,630,652 Refuse 1,082 3,608,300 150,000 3,172,500 585,800 0 1,082 Total Enterprise Funds 44,249,058 66,968,360 150,000 73,698,870 5,099,455 11,679,965 32,569,093 1 Summary of Changes to Fund Balances Estimated Estimated Estimated Estimated Estimated Estimated Estimated Fund Balance Revenues Transfers Expenses Transfers Annual Fund Balance Fund 613012008 for FY 2009 In for FY 2009 Out Bud et Bal 613012009 Internal Service Funds(Unrestricted) Consumer Service 0 6,105,695 0 5,825,105 181,460 99,130 99,130 Self Insurance 300,696 2,109,700 0 2,081,680 0 28,020 328,716 Central Services 0 146,210 0 146,210 0 0 0 Equipment Replacement 951,265 0 0 387,660 0 (387,660) 563,605 Intra-Governmental Loan 13,695,352 0 0 0 0 0 13,695,352 IT Services 9,400 1,915080 0 1,913,855 0 1,225 10,625 Total Internal Service Funds 14,956,713 10,276,685 0 10 354,510 181,460 259 285 14,697,428 Sub-Total All Funds 112,835,561 118,057,110 9,758,425 141,105,102 10,002,705 (23,292,272) 89,543,289 Less:Internal Service 14 956,713 10 276,685 0 10,354,510 (181,460) 259,2 14,697,420 Net Total All City Funds 97,878,848 107,780,425 9,758,425 130,750,592 9,821,245 (23,032,987)1 74,845,861 2 Expenditure Summary — General Fund FISCAL YEAR FISCAL YEAR VARIANCE BUDGET ACTIVITY 2007-2008 2008-2009 INCREASE °%CHANGE REVISED BUDGET ADOPTED BUDGET (DECREASE) CITY COUNCIL Mayor&Council 140,664 142,985 2,321 1.7% Subtotal 40,fi6¢ifi ;��r, � ;y,„, ,S142y985 ADMINISTRATION City Manager/Administration 499,822 514,145 14,323 2.9% Promotion/Membership 168,417 168,235 182 -0.1% Subtotal .se,>668,23914s,00 C',a.; ;, -:682;380 R 14,141 CITYATTORNEYr'siiv 'rs9' :#iP.23'�,000';.;t�' t"" °""`�a✓",'23dr000 `fix '"= §'Ie, StfrO 00% ,A CITY CLERK G A POMWN414,805;1 400Wr-ii F 48.1j7,99,'- CITY 8.7}7,90 CITY TREASURER 85;,140 ADMINISTRATIVE SERVICES Business License 196,417 187,865 (8,552) -4.4% City-Wide 2,654,020 2,721,375 67,355 2.5% Finance 1,075,713 1,102,135 26,422 2.5% Human Resources 391,473 353,395 (38,078) -9.7% Printing Services 14,600 17,115 2,515 17.2% Purchasing 319,285 326,450 7,165 2.2% Subtotals.., "t§"4;651,508` "rasxc 4.708'335 4;56,627 ECONOMIC &COMMUNITY DEVELOPMENT Building 550,433 510,270 (40,163) -7.3% Community Improvement 418,677 415,045 (3,632) -0.9% Planning 611,014 523,325 87,689 -14.4% Subtotal 3M, .11580 12'4 "_€ s " ,1,448,640 3 Expenditure Summary - Gene_ral Funds FISCAL YEAR FISCAL YEAR VARIANCE BUDGET ACTIVITY 2007-2008 2008.20.09 INCREASE %CHANGE REVISED BUDGET ADOPTED BUDGET DECREASE) LIBRARY General Services 1,204,057 1,313,380 109,323 9.1% Literacy 80,290 - (80,290) -100.0% Youth and Outreach Services 3,150 8,650 5,500 174.6% Subtotal 3 "kfi .'jj287497 i, i l r,x i 11,322;030 "_ Zr= 34533 _; r;2,7%'•c " PUBLIC SAFETY Crossing Guards 110,535 112,400 1,865 1.7% Emergency Services 135,216 137,850 2,634 1.9% Police Department 13,919,995 14,869,270 949,275 6.8% Police Contract Services 599,250 638,840 39,590 6.6% Subtotal =,.;) nµ:14;764,996:-tqJTvOr4VIP715;758;360 PUBLIC WORKS Engineering 237,543 220,765 (16,778) -7.1% Facilities Maintenance 515,657 543,405 27,748 5.4% Graffiti Abatement 125,000 124,960 (40) 0.0% Roadway Maintenance 5,000 - (5,000) -100.0% Subtotal 11'a 01u ? Sa'.X 883100. era lei",;f88%130l RECREATION AND FAMILY SERVICES Parks Maintenance 1,322,124 1,373,090 50,966 3.9% Recreation 1,069,253 1,118,925 49,672 4.6% Senior Programs 187,719 220,680 32,961 17.6% Woman's Club 30,048 32,885 2,837 9.4% Subtotal � �, x2609,144; ,xar2,745,580 sk °1.06,436; rr52%�dXs; TOTAL GENERAL FUND OPERATIONS BUDGET 27,319,458 28,495,370 1,175,912 4.3% CAPITAL OUTLAY 427,977 352,790 (75,187) -17.6% VEHICLE REPLACEMENT RESERVES 200,000 (200,000) -100.0% TOTAL OPERATING TRANSFERS 4,117,985 4,221,790 103,805 2.5% TOTAL GENERAL FUND BUDGET 32,065,420 33,069,950 1,004,530 3.1% 4 Expenditure Summary — All Funds FISCAL YEAR FISCAL YEAR VARIANCE BUDGET ACTIVITY 2007-2008 2008-2009 INCREASE %CHANGE REVISED BUDGET ADOPTED BUDGET (DECREASE) CITY COUNCIL Mayor& Council 140,664 142,985 2,321 1.7% Subtotal a�'<, ± ,4��:;"140;664 ^ 7fir,t.`nt,`� 4tn1;i1;42 9852 ADMINISTRATION City Manager/Administration 499,822 514,145 14,323 2.9% Promotion/Membership 168,417 168,235 182 -0.1% Subtotal4� .; *& ,K"8§8;239 ,,a ; + * i? ''682380 AfI CITY ATTORNEY ,231i000 0:0% CITY CLERK sti t "'.'4,14;805 tm=?St ';:,66 985 ° CITY TREASURER8;281x ' +;;�s%wF`a`', '',"t,`(:85140x:*,.*'` i '�i3;141) r: .d�:�36°/a?`�3`i ADMINISTRATIVE SERVICES APFA Capital Projects 14,823,400 15,000,000 176,600 1.2% APFA Debt Service 3,370,719 3,288,505 (82,214) -2.4% Business License 196,417 187,865 (8,552) -4.4% City-Wide 2,654,020 2,721,375 67,355 2.5% Employee Benefit 80,685 27,700 (52,985) -65.7% Finance 1,075,713 1,102,135 26,422 2.5% Human Resources 391,473 353,395 (38,078) -9.7% Information Technology 1,816,542 1,887,880 71,338 3.9% Mountain Cove CFD 608,620 620,295 11,675 1.9% Printing Services 14,600 17,115 2,515 17.2% Purchasing 319,285 326,450 7,165 2.2% Risk Management 2,235,682 2,060,030 (175,652) -7.9% Rosedale CFD 2,507,313 4,212,495 1,705,182 68.0% Subtotal r r-2°�.:`8`; i�30;084;469 c +� 3118051240 5 Expenditure Summary - All Funds FISCAL YEAR FISCAL YEAR VARIANCE BUDGET ACTIVITY 2007-2008 2008-2009 INCREASE %CHANGE REVISED BUDGET ADOPTED BUDGET (DECREASE) ECONOMIC&COMMUNITY DEVELOPMENT Building 550,433 510,270 (40,163) -7.3% Community Development Block Grant 774,578 547,935 (226,643) -29.3% Community Improvement 418,677 415,045 (3,632) -0.9% Planning 611,014 523,325 87,689 -14.4% Subtotal s",fin,*._1;996,575 27) LIBRARY General Services 1,204,057 1,313,380 109,323 9.10/0 Grants 115,378 93,525 (21,853) -18.9% Literacy 80,290 - (80,290) -100.0% Youth and Outreach Services 3,150 8,6501(116,843) 174.6% Subtotal �, ,a 1;4,02;875 ' E;ni4u ..1',415,555PUBLIC SAFETY Asset Seizures 129,379 64,885 -34.4% Crossing Guards 110,535 112,400 1.7% Emergency Services 135,216 137,850 1.9% Fire Safety 3,679,410 3,792,275 3.1% Grants 291,828 174,985 -40.0% Police Department 13,919,995 14,869,270 949,275 6.8% Police Contract Services 599,250 638,840 39,590 6.6% Subtotal 0°tV` 1 reG 18,865613- tA98110;5054 44,892 : PUBLIC WORKS Air Quality Management District(AQMD) 84,105 85,505 1,400 1.7% Central Garage 152,026 146,210 (5,816) -3.8% Engineering 337,543 320,765 (16,778) -5.0% Facilities Maintenance 515,657 543,405 27,748 5.4% Graffiti Abatement 125,000 124,960 (40) 0.0% Proposition A 939,387 952,105 12,718 1.4% Proposition C 696,553 709,660 13,127 1.9% Sewer Maintenance 1,788,558 1,858,995 70,437 3.9% Roadway Maintenance 1 032 666 1,249,605 216 739 21.0% Subtotal5;57k1 695 X40?a 5,931`i230 319;535 6 Expenditure Summary — All Funds FISCAL YEAR FISCAL YEAR VARIANCE BUDGET ACTIVITY 2007-2008 2008.2009 INCREASE %CHANGE REVISED BUDGET ADOPTED BUDGET (DECREASE) RECREATION AND FAMILY SERVICES Parks Maintenance 1,381,124 1,432,090 50,966 3.7% Recreation 1,069,253 1,118,925 49,672 4.6% Senior Programs 187,719 220,680 32,961 17.6% Senior Nutrition 279,339 281,170 1,831 0.7% Woman's Club 30,048 32,885 2,837 9.4% Subtotal , r ? x"2;947;'483 s ;tom `d ^1x,085 1361267� LIGHT AND WATER Consumer Services 5,831,094 5,812,435 (18,659) -0.3% Electric 49,056,009 47,686,575 (1,369,434) -2.8% Public Benefit Programs 711,383 903,720 192,337 27.0% Recycling and Solid Waste 3,840,122 3,349,120 (491,002) -12.8% Water 20,155,960 20,287,710 131,750 0.7% Subtotal skrM'6 ? r79594,568555008) u++,s'y2i0%'(i raia TOTAL CITY OPERATIONS BUDGET 142,474,394 143,767,710 1,293,316 0.9% CAPITAL OUTLAY 427,977 1,634,350 1,206,373 281.9% VEHICLE REPLACEMENT RESERVES 200,000 (200,000) -100.0% REDEVELOPMENT AGENCY 27,914,012 19,825,545 (8,088,467) -29.0% TOTAL OPERATING TRANSFERS 10,994,463 10,636,205 (358,258) -3.3% TOTAL CITY BUDGET 182,010,846 175,863,810 (6,147,036) 3.4% 7 THIS PAGE INTENTIONALLY LEFT BLANK a Statement of Revenues by Fund FY 2008 FY 2009 FY 2006 FY 2007 Revised Proposed Actuals Actuals Revenues Revenues Variance 10(General Fund) 10(Property Tax) 4001 (Prop Tax Sec Current) 2,610,820 2,989,932 3,670,000 3,853,500 183,500 4002(Prop Tax in-lieu of VLF) 3,221,285 3,599,641 3,960,000 4,158,000 198,000 4005(Prop Tax/Unsecured/Current) 81,793 18,003 100,000 82,000 (18,000) 4010(Homeowner's Exemption) 30,575 32,513 35,000 35,000 - 4020(Prop Tax/Prior Year) 91,595 1 0 50,000 50,000 - 4022 (Prop Tax/Supplmntl Roll) 264,448 381,000 300,000 300,000 - 4040(Prop Tax/Penalty& Interest) 56,786 60,617 65,000 70,000 5,000 4050(Prop Tax/Redemption) 74,269 44,504 120,000 100,000 (20,000) 4060(ERAF III Reduction) (434,737) 0 0 0 - 4090(RDA Pass-Through/Stat Pmt) 42,765 58,895 60,000 60,000 - 4099(Property Tax/Other) 0 829 0 0 10(Property Tax) Totals 6,039,619 7,185,934 8,360,000 8,708,500 348,500 11 (Taxes/Non Property) 4101 (Taxes/General Sales &Use) 3,553,203 4,207,949 3,587,649 3,557,650 (29,999) 4102(In-lieu UUT Azusa Pacific) 95,000 96,000 130,000 130,000 - 4103(Utility User Tax) 3,086,589 3,289,210 3,493,245 3,598,040 104,795 4104(Public Safety Aug Fund) 268,785 300,352 270,000 272,000 2,000 4105(Taxes/Transient Occupancy) 242,581 234,427 240,000 240,000 - 4112(Taxes/Hazardous Waste) 302,694 313,826 315,000 315,000 - 4116(Taxes/Admission/APU) 107 1,412 0 1,200 1,200 4120(Taxes/Land Excavation) 650,425 619,513 650,000 750,000 100,000 4125(Taxes/Transfer) 195,755 274,386 275,000 275,000 - 4143(Franchise/Towing) 42,896 76,911 110,000 110,000 - 4145(Franchise/Cable TV) 215,402 222,011 225,000 230,000 5,000 4146(Franchise/Electric) 22,989 28,070 28,000 28,000 - 4147(Franchise/Gas) 196,818 180,839 200,000 200,000 4150(Franch/L&W Utility 2%) 870,962 951,029 935,350 866,800 (68,550) 4155(Franch/L&W Utility In-Lieu 8%) 2,203,702 2,383,496 2,461,400 2,322,320 (139,080) 4159(Franchise/Landfill) 457,595 421,618 460,000 460,000 - 4160(Franchise/Landfill/Expn) 37,697 45,628 40,000 40,000 - 11(Taxes/Non Property) Totals 12,443,201 13,646,677 13,420,644 13,396,010 (24,634) Continued 9 Statement of Revenues by Fund FY 2008 FY 2009 FY 2006 FY 2007 Revised Proposed Actuals Actuals Revenues Revenues 10(General Fund)-Continued 12(License&Permits) 4110 (Taxes/Business License) 1,537,442 1,637,775 1,640,000 1,650,000 4111 (Business License/Other) 9,645 9,592 10,000 10,000 - 4201 (Permits/Bldg) 187,809 267,056 272,000 100,000 4202(Permits/Automation Fee) 22,632 29,548 26,000 13,000 4205 (Permits/Plumbing) 24,375 25,109 22,000 11,000 4210(Permits/Electrical) 18,454 36,145 18,000 9,000 4216(Permits/Mechanical) 10,258 13,101 12,000 6,000 4223 (Permits/Bldg/Occupancy) 4,760 10,673 4,500 2,250 4224 (Permits/Bldg/Other) 861 1,274 1,000 500 4235(Permits/Excavation) 8,848 13,381 9,400 0 4237(Permits/Public Works) 41,257 21,578 39,500 39,500 12(License&Permits)-Continued 4240(Licenses/Animal) 43,853 36,534 45,000 40,000 4245(Permits/Conditional Use) 44,654 7,561 25,000 15,000 4249(Permits/Other) 265 483 200 1,000 5238 (Fireworks Permit) 16,002 9,975 0 0 12(License&Permits) Totals 1,971,115 2,119,787 2,124,600 1,897,250 13(Fines & Penalties) 4301 (Fines/Motor Vehicle) 35,086 58,923 50,000 36,000 4303(Evidence Forfeiture) 36 3,478 1,500 1,000 4305(Fines/CourUOther) 157,769 202,932 210,000 215,000 4310(Fees/Library) 11,675 13,728 12,000 11,500 4315(Penalties) 247,749 355,234 286,470 286,470 4317(Penalties/Burglar Alarms) 572 1,750 2,500 0 4318(Alarm Registration) 1,736 6,051 5,000 8,500 4319(False Alarms) 0 28,668 20,000 20,000 5105(Parking Enforcement) 106,770 148,992 145,000 145,000 13(Fines &Penalties) Totals 561,393 819,756 732,470 723,470 Continued 10 Statement of Revenues by Fund FY 2006 FY 2009 FY 2006 FY 2007 Revised Proposed Actuals Actuals Revenues Revenues 10(General Fund)-Continued 14(Money&Property Use) 4401 (Rent/Woman's Club) 30,540 21,112 28,000 28,000 4405(Rents/Recreation Facility) 39,479 44,869 42,000 42,000 4406 (Water Rights) 1,227,912 1,234,992 1,262,960 1,326,110 4410(Rents/Library) 1,675 1,640 1,700 1,700 4412(Rent/Building) 13,540 15,320 15,000 15,000 4435(Interest Income) 674,788 1,035,193 1,132,000 1,132,000 4499(Rents/Other) 49,882 60,837 50,000 50,000 14(Money 8 Property Use) Totals 2,037,816 2,413,963 2,531,660 2,594,810 15(Intergovernmental Revenues) 4501 (Motor Vehicle In-Lieu Tax) 258,850 326,101 350,000 350,000 4530(Off-Highway License Fee) 740 0 650 0 15(Intergovernmental Revenues) Totals 259,590 326,101 350,650 350,000 16(Cost Reimbursements) 4601 (Reimbursements/Damage) 910 3,089 12,774 1,000 4602(Reimb/Court Costs) 45,669 85,355 50,000 55,000 4615(Reimb/Lost& Paid Mails) 11,380 6,613 . 0 5,000 4620(Reimb/State of California) 69,370 194,488 70,000 70,000 4625(Reimb/Police) 30,618 65,757 38,300 39,260 4626(Reimb/P.O.S.T.) .14,344 19,052 17,100 20,000 4640(Reimb/Community Services) 0 23,817 0 0 4645(Reimb/Redevelopment Agency) 1,121,744 1,192,374 1,317,820 1,329,230. 4699(Reimbursements/Other) 125 27,870 0 0 4630(Reimb/County) 12 36,154 36,130 36,130 16(Cost Reimbursements) Totals 1,294,172 1,654,569 1,542,124 1,555,620 17(Charges for Services) 4701 (Fees/Prisoner Booking) 158 130 0 0 4702(Fees/Police User) 25,950 24,202 25,000 25,000 4703(Fees/Oper Fees) 28,421 45,013 50,000 50,000 4704(Fees/Plan Checking) 258,458 279,833 247,000 150,000 4705(Fees/General Plan) 0 50 10,000 0 4706(Fees/Zone Change) 11 0 3,000 0 Continued 11 Statement of Revenues by Fund FY 2008 FY 2009 FY 2006 FY 2007 Revised Proposed Actuals Actuals Revenues Revenues 10(General Fund)-Continued 4707(FeesNariances) 346 4,263 20,000 3,000 4709(Fees/Environmental) 11,049 7,838 7,000 8,000 4710(Fees/File &Ced/Political) 0 3,199 0 0 4711 (Fees/Tentative Maps) 19,517 5,156 10,000 5,000 4715(Fees/Public Nuisance Abatement) 562 112 1,500 1,500 4717(Fees/Real Property Records) 34,149 28,657 22,000 10,000 4719(Fees/Rental Housing Inspection) 48,065 36,808 45,000 45,000 4721 (Fees/Cleaning) 1,900 2,650 2,500 2,500 4724(Fees/Rec Class/General) 133,555 94,833 130,000 130,000 4725(Precise Plans) 79,702 82,520 90,000 90,000 4726(Fees/Rec Class/Swimming) 56,073 52,200 55,000 55,000 4728 (Fees/Adult Sports) 67,868 26,734 60,000 40,000 4730(FeesNouth Sports) 57,546 54,385 55,000 55,000 4731 (Fees/Excursions) 22,713 29,389 36,000 36,000 4734(Fees/Advertising) 560 0 10,000 0 4735(Fees/Reprographics) 1,062 1,666 2,500 1,500 4737(Building Administrative Fee) 70,608 85,540 80,000 40,000 4739(License Administrative Fee) 187,098 197,313 195,000 195,000 4741 (Fees/Administrative) 714 180 800 800 4743 (Fees/Fire Plan Check) 14,283 13,230 14,000 7,000 4744(Community Maintenance Fee) 164,322 137,781 117,100 117,100 4745(Fees/Notary Certification) 540 531 500 0 4746(Fees/U.S. Passports) 34,910 59,585 53,000 50,000 4756(Fees/Tow Impound Release) 38,059 50,326 52,000 52,000 4757 (Fees/Private Tree Trimming) 0 0 3,000 3,000 4785 (Transit-Indirect/Interfund) 0 500 0 0 4795(Administration/Interfund) 1,013,289 1,417,549 1,493,371 1,636,690 4799(Recovered Cost/Other) 150 0 0 0 17(Charges for Services) Totals 2,371,636 2,742,173 2,890,271 2,809,090 30(Miscellaneous Revenue) 4415 (Vending Machine Collection) 3,848 5,169 3,000 3,000 4793 (Fund Raising) 853 364 500 500 4801 (Sale/Maps&Publications) 1,225 539 1,500 700 4802(Sale/Merchandise) 28 6 100 100 Continued 12 Statement of Revenues by Fund FY 2008 FY 2009 FY 2006 FY 2007 Revised Proposed Actuals Actuals Revenues Revenues 10(General Fund)-Continued 4805(Sale/Scrap Metal) 12,346 22,773 12,000 12,000 4810(Sale/Real & Personal Property) 824 244 1,000 1,000 4815(Sale/Equipment&Materials) 0 1,016 10,000 10,000 4850(Charges/NSF Checks) (4,617) (4,198) 0 0 4860(Overages/Shortage) 0 50 0 0 4868(Restricted Contrib/Police) 100 0 100 100 4875(Donations) 14,425 10,150 5,000 5,000 4891 (Gain/Loss/Retired Assets) 0 7,264 0 0 4898(Administrative Fee) 66,735 82,987 85,000 85,000 4899(Miscellaneous Other) (619,968) 613,596 29,000 30,000 30(Miscellaneous Revenue) Totals (524,199) 739,960 147,200 147,400 TBWI Revenues 26,454,343 31,648,920 32,099,619 32,182,150 40(Transfers from Other Funds)) 5940(Transfers from Other Funds) 823,500 725,000 991,614 1,005,580 40(Transfers from Other Funds) Totals 823,500 725,000 991,614 1,005,580 fe(General Fund) Totals 27,277,843 32,373,920 33,091,233 33,187,730 12(Gas Tax) 14(Money& Property Use) 4435(Interest Income) 119,490 90,080 120,000 120,000 14(Money&Property Use) Totals 119,490 90,080 120,000 120,000 15(Intergovernmental Revenues) 4510(Hwy User Tax/State/2106) 176,819 176,924 190,000 190,000 4511 (Hwy User Tax/State/2107) 394,753 393,493 440,000 440,000 4512(Hwy User Tax/State/2107.5) 6,000 6,000 6,000 6,000 4513(Hwy User Tax/State/2105) 295,984 294,368 330,000 330,000 4540(California State Grants/2104) 216,320 340,273 0 468,235 4550(Payments from Other Agencies) 23,988 0 82,440 0 15(Intergovernmental Revenues) Totals 1,113,864 1,211,058 1,048,440 1,434,235 Continued 13 Statement of Revenues by Fund FY 2008 FY 2009 FY 2006 FY 2007 Revised .Proposed Actuals Actuals Revenues Revenues 12(Gas Tax)-Continued 30(Miscellaneous Revenue) 4899 (Miscellaneous Other) 0 (23) 0 0 30(Miscellaneous Revenue) Totals 0 (23) 0 0 40(Transfers In) 5940(Transfer from Other Funds) 96,000 500,460 0 0 40(Transfers In).Totals 96,000 500,460 0 0 12(Gas Tax) Totals 1,329,354 1,801,575 1,168,440 1,554,235 13(Utility Mitigation Fund) 40(Transfers In) 5940(Transfer from Other Funds) 0 0 1,149,740 1,443,000 40(Transfers In) Totals 0 0 1,149,740 1,443,000 13(Utility Mitigation) Totals 0 0 1,149,740 1,443,000 15(Prop A) 11 (Taxes/Non Property) 4101 (Taxes/General Sales& Use) 776,484 776,666 775,000 775,000 11(Taxes/Non Property) Totals 776,484 776,666 775,000 775,000 14(Money&Property Use) 4435(Interest Income) 34,413 50,499 40,000 40,000 . 14(Money&Property Use) Totals 34,413 50,499 40,000 40,000 15(Intergovernmental Revenues) 4587(County Dial-A-Ride Svc Fee) 94,191 99,902 95,000 95,000 15(Intergovernmental Revenues) Totals 94,191 99,902 95,000 95,000 17(Charges for Services) 4732 (Fees/Rider Fares) 11,864 9,875 12,000 12,000 4734(Fees/Advertising) 10,496 11,326 11,000 11,000 17(Charges for Services) Totals 22,360 21,201 . 23,000 23,000 Continued _ 14 Statement of Revenues by Fund FY 2008 FY 2009 FY 2006 FY 2007 Revised Proposed Actuals Actuals Revenues Revenues 15(Prop A)-continued 30(Miscellaneous Revenue) 4891 (Gain/loss/Retired Assets) 0 3,928 0 0 4899(Miscellaneous Other) 16 (390) 0 0 30(Miscellaneous Revenue) Totals 16 3,538 0 0 15(Prop A) Totals 927,464 951,806 933,000 933,000 17(Prop C) 11 (Taxes/Non Property) 4101 (Taxes/General Sales& Use) 665,727 643,626 650,000 670,000 11 (Taxes/Non Property) Totals 665,727 643,626 650,000 670,000 14(Money&Property Use) 4435(Interest Income) 23,301. 45,094 . 30,000 30,000 14(Money&Property Use) Totals 23,301 45,094 30,000 30,000 16(Cost Reimbursements) 4699(Reimbursements/Other) 14,459 0 0 0 16(Cost Reimbursements) Totals 14,459 0 0 0 17(Charges for Services) 4732(Fees/Rider Fares) 14,017 9,454 15,000 15,000 4733(Bus Pass Sales) 112,376 102,208 60,000 60,000 4754(Metrolink Pass Sales) 0 0 75,000 75,000 17(Charges for Services) Totals 126,393 111,662 150,000 150,000 30(Miscellaneous Revenue) 489lGain/Loss/Retired Assets 0 1,135 0 0 4899(Miscellaneous Other) 0 0 1,000 1,000 30(Miscellaneous Revenue) Totals 0 1,135 1,000 1,000 40(Transfers In) 5940(Transfer from Other Funds) 7,680 0 0 0 40(Transfers In) Totals 7,680 0 0 0 17(Prop C) Totals 837,560 801,517 831,000 851,000 continued 15 Statement of Revenues by Fund FY 2008 FY 2009 . FY 2006 FY 2007 Revised Proposed Actuals' Actuals Revenues Revenues 18(Comm Development Block Grant) 15(Intergovernmental Revenues) 4579(Federal Govt Allocations) 734,427 625,315 799,580 613,935 15(Intergovernmental Revenues) Totals 734,427 625,315 799,580 613,935 30(Miscellaneous Revenue) 4899(Miscellaneous Other) 0 18,000 0 0 4899(Miscellaneous Other) 0 (6) 0 0 30(Miscellaneous Revenue) Totals 0 17,994 0 0 18(Comm Development Block Grant) Totals 734,427 643,309 799,580 613,935 19(Park-in-Lieu/Quimby) 14(Money&Property Use) 4435(Interest Income) 4,475 4,299 4,300 4,300 . 14(Money&Property Use) Totals 4,475 4,299 4,300 4,300 20(License and Permits) 4225(Quimby Act Collections) 13,500 38,274 15,000 15,000 20(License and Permits) Totals 13,500 38,274 15,000 15,000 19(Park-in-Lieu/Quimby) Totals 17,975 42,573 19,300 19,300 21 (Sr. Nutrition) 15(Intergovernmental Revenues) 4565(Area Agency on Aging Grant) 96,568 93,557 93,773 93,775 4570(USDA Grant(Sr Nutrition)) 18,433 19,088 18,032 18,030 15(Intergovernmental Revenues) Totals 115,001 112,645 111,805 111,805 30(Miscellaneous Revenue) 4875(Donations) 47,257 50,223 57,000 57,000 4880(Donations-in-Kind) 37,626 39,755 36,000 36,000 4899(Miscellaneous Other) 0 113 0 0 30(Miscellaneous Revenue) Totals 84,883 90,091 93,000 93,000 Total Revenues 199,884 202,736 204,805 204,805 Continued 16 Statement of Revenues by Fund FY 2008 FY 2009 FY 2006 FY 2007 Revised Proposed Actuals Actuals Revenues Revenues 21 (Sr. Nutrition)-continued 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 64,028 78,294 82,377 76,365 40(Transfers from Other Funds) Totals 64,028 78,294 82,377 76,365 21 (Sr.Nutrition) Totals 263,912 281,030 287,182 281,170 24(Public Benefit Program) 14(Use of Money and Property) 4435(Interest Income) 49,046 65,767 50,000 50,000 14(Use of Money and Property) Totals 49,046 65,767 50,000 50,000 17(Charges for Services) 4727(AB1890 Pub Ben Progs) 646,937 721,087 810,000 775,000 17(Charges for Services) Totals 646,937 721,087 810,000 775,000 24(Public Benefit Program) Totals 695,983 786,854 860,000 825,000 26(Supplemental Law Ent(COPS)) 14(Money& Property Use) 4435(Interest Income) 1,805 2,388 2,000 2,000 14(Money&Property Use) Totals 1,805 2,388 2,000 2,000 15(Intergovernmental Revenues) 4540(California State Grants) 100,000 100,000 100,000 100,000 15(Intergovernmental Revenues) Totals 100,000 100,000 100,000 100,000 Total Revenues 101,805 102,386 102,000 102,000 26(Supplemental Law Ent(COPS)) Totals 101,805 102,388 102,000 102,000 Continued 17 Statement of Revenues by Fund FY 2008 FY 2009 FY 2006 FY 2007 Revised Proposed Actuals Actuals Revenues Revenues 27(AQMD(AB2766)) 14(Money& Property Use) 4435(Interest Income) 2,395 4,535 5,000 5,000 14(Money&Property Use) Totals 2,395 4,535 5,000 5,000 15(Intergovernmental Revenues) 4595(AQMD Fees (2766)) 42,542 73,242 50,000 50,000 15(Intergovernmental Revenues) Totals 42,542 73,242 50,000 50,000 17(Charges for Services) 4733(Bus Pass Sales) 37,875 25,121 45,000 45,000 17(Charges for Services) Totals 37,875 25,121 45,000 45,000 27(AQMD(AB2766)) Totals 82,812 102,898 100,000 100,000 28(Grants&Seizures) 14(Money&Property Use) 4435(Interest Income) 6,600 9,074 6,136 6,110 14(Money&Property Use) Totals 6,600 9,074 6,136 6,110 15(Intergovernmental Revenues) 4450(Program Income) 216,624 206,609 215,000 206,600 4540(California State Grants) (18,473) 406,426 101,902 96,900 4546(Calif Waste Mgt Grants) 13,576 1.421 13,200 12,600 4560(Federal Grants) 101,245 31,904 20,861 0 4599(Grants/Other) 7,561 29,765 61,385 0 15(Intergovernmental Revenues) Totals 320,533 676,125 412,348 316,100 16(Cost Reimbursements) 4699(Reimbursements/Others) 16,818 0 0 0 16(Cost Reimbursements) Totals 16,818 0 0 0 17(Charges for Services) 4705(Fees/General Plan) 22,657 46,365 0 27,000 17(Charges for Services) Totals 22,657 46,365 0 27,000 Continued 18 Statement of Revenues by Fund FY 2008 FY 2009 FY 2006 FY 2007 Revised Proposed Actuals Actuals Revenues Revenues 28(Grants &Seizures)- Continued 30(Miscellaneous Revenue) 4416(P,D. Phone Commissions) 2,994 2,433 2,500 2,000 4865(Restricted Conlrib/Library) 1,025 5,875 1,500 5,000 4875(Donations) 2,850 225 5,000 0 4899(Miscellaneous Other) 356 2,735 0 0 30(Miscellaneous Revenue) Totals 7,225 11,268 9,000 7,000 Total Revenues 373,833 742,832 427,484 356,210 40(Transfers from Other Funds) 5940(Transfer from Other Funds) 82,105 0 0 0 40(Transfers from Other Funds) Totals 82,105 0 0 0 28(Grants&Seizures) Totals 455,938 742,832 427,484 356,210 29(Fire Safety) 17(Charges for Services) 4748 Fire Safety Fees 46,823 21,194 21,000 25,000 17(Charges for Services) Totals 46,823 21,194 21,000 25,000 Total Revenues 46,823 21,194 21,000 25,000 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 2,862,446 3,145,702 3,679,410 3,767,275 40(Transfers from Other Funds) Totals 2,862,446 3,145,702 3,679,410 3,767;275 29(Fire Safety) Total 2,909,269 3,166,896 3,700,410 3,792,275 31 (Consumer Services) 14(Money&Property Use) 4412(Rent/Building) 103,223 123,288 83,638 96,800 4499(Rents/Others) 1,415 0 0 0 14(Money&Property Use) Totals 104,638 123,288 83,638 96,800 16(Cost Reimbursements) 4601 (Reimbursements/Damage) 0 2,610 0 0 4675(Reimb/Colton MIS Services) 71,330 16,933 0 0 4698(Consumer Services lnterfund) 3,710,395 4,667,387 5,292,681 5,993,895 4699(Reimbursements/Other) 9,517 7,353 0 12,000 16(Cost Reimbursements) Totals 3,791,242 4,694,283 5,292,681 6,005,895 Continued 19 Statement of Revenues by Fund FY 2008 FY 2009 FY 2006 FY 2007 Revised Proposed Actuals Actuals Revenues Revenues 31 (Consumer Services)-Continued 17(Charges for Services) 4798(Fees/Other) 86,603 0 0 0 17(Charges for Services) Totals 86,603 0 0 0 30(Miscellaneous Revenue) 4870(Recovered A/R Write-Offs) 5,975 2,818 3,000 3,000 4891 (Gain/Loss/Retired Assets) 1,400 0 0 0 4899(Miscellaneous Other) 3,173 8,391 0 0 30(Miscellaneous Revenue) Totals 10,548 11,209 3,000 3,000 Total Revenues 3,993,031 4,828,780 5,379,319 6,105,695 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 148,870 0 47,500 0 40(Transfers from Other Funds) Totals 148,870 0 47,500 0 31(Consumer Services) Totals 4,141,901 4,828,780 5,426,819 6,105,695 32(Water) 14(Money&Property Use) 4435(interest Income) 661,611 2,000,600 702,000 832,595 4436(Gain/Loss/Investment Sales) (11,307) 0 0 0 4499(Rents/Other) 21,866 45,705 22,000 51,000 14(Money&Property Use) Totals 672,170 2,046,305 724,000 883,595 16(Cost Reimbursements) 4610(Reimb/Jury Duty) 15 0 0 0 4699(Reimbursements/Other) 82,198 2,036,980 10,000 50,000 16(Cost Reimbursements) Totals 82,213 2,036,980 10,000 50,000 17(Charges for Services) 4798(Fees/Other) 341,137 835,302 400,000 270,000 5240(Water/Residential) 8,084,960 9,145,318 8,489,200 6,387,000 5242(Water/Commercial) 3,147,304 3,260,316 3,304,670 2,850,000 5243(Water/Industrial) 2,274,028 2,697,339 2,387,700 2,400,000 5244(Water/Fire Service) 223,375 212,039 234,550 220,000 5245(Water/Other Public Ent) 473,711 547,156 497,400 454,000 5247(Water Sys Development Fee) 66,614 93,826 0 230,000 5248(Water/Interdepartmental) 134,168 140,848 0 71,000 5251 (Water Services/Misc) 158,595 277,114 0 197,000 17(Charges for Services) Totals 14,903,891 17,209,258 15,313,520 15,079,000 Continued 20 Statement of Revenues by Fund FY 2008 FY 2009 FY 2006 FY 2007 Revised Proposed Actuals Actuals Revenues Revenues 32(Water)-Continued 30(Miscellaneous Revenue) 4841 (Lease/Water Rights) 723,336 (126,687) 750,000 750,000 4870 Recovered Acct Rec Write-Offs 0 99 0 0 4891 (Gain/Loss/Retired Assets) 178,869 0 300,000 300,000 4899(Miscellaneous Other) 215,369 (18,962) 100,000 100,000 30(Miscellaneous Revenue) Totals 1,117,574 (145,550) - 1,150,000 1,150,000 32(Water) Totals 16,775,848 21,146,993 17,197,520 17,162,595 33 (Electric) 14(Money&Property Use) 4325(Interest Income) 423,157 414,190 425,000 425,000 4435(Interest Income) 667,422 1,696,863 1,060,000 1,623,465 14(Money&Property Use) Totals 1,090,579 2,111,053 1,485,000 2,048,465 16(Cost Reimbursements) 4650(Reimb/Other Utilities) 76,162 9,657 0 0 4699(Reimbursements/Other) 145,126 190,130 0 500,000 16(Cost Reimbursements) Totals 221,288 199,787 0 500,000 17(Charges for Services) 4798(Fees/Other) 270,591 273,330 270,000 50,000 4811 (Sale/Electricity) 37,779,872 34,662,786 42,442,501 41,979,000 17(Charges for Services) Totals 38,050,462 34,936,116 42,712,501 42,029,000 30(Miscellaneous Revenue) 4870 Recovered Acct Rec Write-Offs 0 362 0 0 4891 (Gain/Loss/Retired Assets) (2,440) (4,534) 0 0 4899(Miscellaneous Other) 152,660 437,594 0 0 30(Miscellaneous Revenue) Totals 150,220 433,422 0 0 Total Revenues 39,512,549 37,680,378 44,197,501 44,577,465 33(Electric) Totals 39,512,549 37,680,378 44,197,501 44,577,465 Continued 21 Statement of Revenues by Fund FY 2008 FY 2009 FY 2006 FY 2007 Revised Proposed Actuals Actuals Revenues Revenues 34(Sewer) 14(Money&Property Use) 4435(Interest Income) 154,870 187,943 170,000 170,000 14(Money&Property Use) Totals 154,870 187,943 170,000 170,000 17(Charges for Services) _ 4716(Fees/Sewer) 1,361,124 1,398,925 1,450,000 1,450,000 17(Charges for Services) Totals 1,361,124 1,398,925 1,450,000 1,450,000 30(Miscellaneous Revenue) 4870 Recovered Acct Rec Write-Offs 0 55 0 0 4891 (Gain/Loss/Retired Assets) 6,000 _ 0 0 0 4899 (Miscellaneous Other) 1,767 (516) 0 0 30(Miscellaneous Revenue) Totals 7,767 (461) 0 0 34(Sewer) Totals 1,523,762 1,586,407 1,620,000 1,620,000 36(Refuse) 11 (Taxes/Non-Property) 4158(Franchise/Trash) 638,821 594,065 635,000 585,800 11(Taxes/Non-Property) Totals 638,821 594,065 635,000 585,800 17(Charges for Services) 4722(Charges/Refuse &Dump) 2,587,410 2,812,595 3,010,000 3,022,500 17(Charges for Services) Totals 2,587,410 2,812,595 3,010,000 3,022,500 30(Miscellaneous Revenue) 4870 Recovered Acct Rec Write-Offs 0 150 0 0 30(Miscellaneous Revenue) Totals 0 150 0 0 40(Transfers from Other Funds) 5940(Transfers from Other funds) 16,399 25,000 25,000 150,000 40(Transfers from Other Funds) Totals 16,399 25,000 25,000 150,000 36(Refuse) Totals 3,242,630 3,431,810 3,670,000 3,758,300 Continued 22 Statement of Revenues by Fund FY 2008 FY 2009 FY 2006 FY 2007 Revised Proposed Actuals Actuals Revenues Revenues 42(Self Insurance) 14(Money& Property Use) 4435(Interest Income) 159,550 102,823 80,000 80,000 14(Money&Property Use) Totals 159,550 102,823 80,000 80,000 16(Cost Reimbursements) 4604(Reimb/Insurance) 2,094 0 0 0 4605(Reimb/Workers'Comp) (182) (1,515) 646,206 0 16(Cost Reimbursements) Totals 1,911 (1,515) 646,206 0 17(Charges for Services) 4774(Insurance/Interfund) 322,235 950,229 1,258,258 1,068,260 4777(Unemployment/Interfund) 19,357 21,823 24,832 24,830 4779(Workers' Comp/Interfund) 524,704 588,897 867,323 936,610 17(Charges for Services) Totals 866,295 1,560,949 2,150,413 2,029,700 30(Miscellaneous Revenue) 4899 (Miscellaneous Other) 0 (2) 0 0 30(Miscellaneous Revenue) Totals 0 (2) 0 0 42(Self Insurance) Totals 1,027,757 1,662,255 2,876,619 2,109,700 43(Central Services) 17(Charges for Services) 4772(Garage/Interfund) 38,310 38,107 136,450 146,210 17(Charges for Services) Totals 38,310 38,107 136,450 146,210 Total Revenues 38,310 38,107 136,450 146,210 43(Central Services) Totals 38,310 38,107 136,450 146,210 Continued 23 Statement of Revenues by Fund FY 2008 FY 2009 FY 2006 FY 2007 Revised Proposed Actuals Actuals Revenues Revenues 46(Equipment Replacement) 14(Money& Property Use) 4435(Interest Income) 0 38,224 0 0 14(Money&Property Use) Totals 0 38,224 0 0 16(Cost Reimbursements) 4601 (Reimbursements/Damage) _ 0 0 25,000 0 16(Cost Reimbursements) Totals 0 0 25,000 0 46(Equipment Replacement) Totals 0 38,224 25,000 0 48(IT SERVICES) _ 17(Charges for Services) 4762(MIS/Interfund) 1,775,181 1,792,200 1,825,942 1,915,080 17(Charges for Services) Totals 1,775,181 1,792,200 1,825,942 1,915,080 48(IT SERVICES) Totals 1,775,181 1,792,200 1,825,942 1,915,080 70(APFA Capital Projects Fund) 14(Money& Property Use) 4435(Interest Income) 0 1,131,011 2,000,000 2,000,000 14(Money&Property Use) Totals 0 1,131,011 2,000,000 2,000,000 70(APFA Capital Projects) Totals 0 1,131,011 2,000,000 2,000,000 71 (APFA Debt Service Fund) 14(Money& Property Use) 4435(Interest Income) 39,326 3,925,943 519,260 307,400 14(Money&Property Use) Totals 39,326 3,925,943 519,260 307,400 15(Intergovernmental Revenues) 4450(Program Income) 115,569 110,862 105,990 100,530 15(Intergovernmental Revenues) Totals 115,569 110,862, 105,990 100,530 Continued 24 Statement of Revenues by Fund FY 2008 FY 2009 FY 2006 FY 2007 Revised Proposed Actuals Actuals Revenues Revenues 71 (APFA Debt Service Fund)-Continued 16(Cost Reimbursements) 4655(Reimb/City) 4,400 2,750 12,500 12,500 16(Cost Reimbursements) Totals 4,400 2,750 12,500 12,500 30(Miscellaneous Revenue) 4820(Principal Repayments) 80,000 85,000 95,000 100,000 4835(Bond Proceeds) 0 54,850,000 0 0 30(Miscellaneous Revenue).Totals 80,000 54,935,000 95,000 100,000 Total Revenues 239,295 58,974,555 732,750 520,430 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 341,731 1,462,641 2,024,625 3,288,505 40(Transfers from Other Funds) Totals 341,731 1,462,641 2,024,625 . 3,288,505 71 (APFA Debt Service Fund) Totals 581,026 60,437,196 . 2,757,375 3,808,935 80(RDA Capital Projects) 14(Money&Property Use) 4412 (Rent/Building) 12,900 41,292 27,000 27,000 4435(Interest Income) 436,583 602,005 450,000 450,000 4436 (Gain/Loss on Investment) (1,204,274) 0 (3,166,000) (3,166,000) 14(Money&Property Use) Totals (754,791) 643,297 (2,689,000) (2,689,000) 17(Charges for Services) 4703(Fees/Oper Fees) 12,500 0 0 0 4735(Fees/Reprographics) 0 0 60 - 60 4798(Fees/Other) 24,044 29,409 24,070 24,070 17(Charges for Services) Totals 36,544 29,409 24,130 24,130 30(Miscellaneous Revenue) 4810(Sale/Real& Personal Property) 0 0 15,025,000 15,025,000 4820(Principal Repayments) 0 73,000 288,360 288,360 4899(Miscellaneous Other) 545 39 50 50 5936(Loan Proceeds) 545 0 1,350,000 0 30(Miscellaneous Revenue) Totals 1,090 73,039 16,663,410 15,313,410 ' Total Revenues (717,157) 745,745 13,998,540 12,648,540 Continued 25 Statement of Revenues by Fund FY 2008 FY 2009 FY 2006 FY 2007 Revised Proposed Actuals Actuals Revenues Revenues 80(RDA Capital Projects)-Continued 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 3,474,015 19,781,720 4,952,100 4,877,100 40(Transfers from Other Funds) Totals 3,474,015 19,781,720 4,952,100 4,877,100 80(RDA Capital Projects) Totals 2,756,858 20,527,465 18,950,640 17,525,640 81 (RDA Special Revenue Fund) 14(Money&Property Use) 4435(interest Income) 75,765 146,866 70,000 70,000 4436 (Gain/Loss/Investment Sales) (10,065) (8,889) 0 0 14(Money&Property Use) Totals 65,700 137,977 70,000 70,000 30(Miscellaneous Revenue) 4820(Principal Repayments) 56,280 46,568 0 0 4899(Miscellaneous Other) 5,646 10,442 25,000 25,000 30(Miscellaneous Revenue) Totals 61,926 57,010 25,000 25,000 Total Revenues 127,626 194,987 95,000 95,000 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 6,479 0 0 0 5942(Tax Increment Transfers In) 1,379,024 1,508,994 1,452,950 1,516,370 40(Transfers from Other Funds) Totals 1,385,502 1,508,994 1,452,950 1,516,370 81 (RDA Special Revenue Fund) Totals 1,513,128 1,703,981 1,547,950 1,611,370 82(RDA Debt Service) 10(Property Tax) 4025(Property Tax/Increment) 6,895,118 7,544,968 7,264,740 7,581,860 10(Property Tax) Totals 6,895,118 7,544,968 7,264,740 7,581,860 11 (Taxes/Nan Property) 4101 (Taxes/General Sales& Use) 1,038,340 923,649 1,299,720 1,313,920 4102(Taxes/Sales/County Pool/RD) 0 134,940 0 139,020 - 11(Taxes/Non Property) Totals 1,038,340 1,058,589 1,299,720 1,452,940 Continued 26 Statement of Revenues by Fund FY 2008 FY 2009 FY 2006 FY 2007 Revised Proposed Actuals Actuals Revenues Revenues 82(RDA Debt Service)-Continued 14(Money R Property Use) 4435(Interest Income) 170,335 153,063 131,700 128,760 14(Money 8 Property Use) Totals 170,335 153,063 131,700 128,760 30(Miscellaneous Revenue) 4840(Loan Proceeds) 68,090 0 0 79,500 4842(Advance Proceeds from City) 1,658,326 0 0 0 4899 (Miscellaneous/Other) 0 0 0 0 5936(Loan Proceeds) 232,038 166,711 246,170 171,750 5937(Advance Proceeds from City) 0 1,768,416 1,739,190 1,846,900 30(Miscellaneous Revenue) Totals 1,958,454 1,935,127 1,985,360 2,098,150 Total Revenues 10,062,247 10,691,747 10,681,520 11,261,710 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 3,376,828 2,136,243 2,450,020 3,972,365 40(Transfers from Other Funds) Totals 3,376,828 2,136,243 2,450,020 3,972,365 82(RDA Debt Service) Totals 13,439,075 12,827,990 13,131,540 15,234,075 GRAND TOTALS 121,962,366 210,630,395 158,832,726 161,633 920 27 THIS PAGE INTENTIONALLY LEFT BLANK 28 Personnel Summary - Full-Time Personnel Allocations FY 07-08 FY 08-09 Revised Proposed -" Department Allocation Allocation ADMINISTRATION Administration 2.30 2.30 Promotion/Membership 1.00 1.00 Administration Total 3.30 3.30 ADMINISTRATIVE SERVICES Business License 2.00 2.00 Finance 8.70 8.70 Human Resources 2.00 2.00 Information Technology 9.20 9.20 Purchasing 3.00 3.00 Risk Management 2.10 2.10 Rosedale 1.00 1.00 Administrative Services Total 28.00 28.00 CITY CLERK City Clerk 2.00 2.00 City Clerk Total 2.00 2.00 COMMUNITY DEVELOPMENT Building 4.00 4.00 Community Improvement 4.00 4.00 Comm Dev Block Grant(CDBG) 1.55 1.25 Planning 4.33 4.33 Community Development Total 13.88 13.58 LIBRARY General Services 9.00 10.00 Literacy Services 1.00 0.00 Library Total 10.00 10.00 PUBLIC SAFETY Emergency Services 1.00 1.00 Police 90.00 90.00 Public Safety Totall 91.00 1 91.00 29 Personnel Summary - Full-Time Personnel Allocations FY 07-08 FY 08.09 Revised Proposed . Department Allocation Allocation PUBLIC WORKS AQMD Compliance 0.31 0.31 Central Garage 1.00 1.00 Engineering 2.00 2.00 Facilities Maintenance 2.25 2.25 Proposition A 4.36 4.36 Proposition C 2.09 2.09 Roadway Maintenance 9.50 9.50 Sewer Maintenance 9.00 9.00 Public Works Total 30.50 30.50 RECREATION AND FAMILY SERVICES Parks Maintenance 7.00 7.00 Recreation 4.10 4.10 Senior Activities 1.83 1.83 Senior Nutrition 1.11 1.11 Woman's Club 0.16 0.16 Recreation and Family Services Total 14.20 14.20 LIGHT AND WATER Consumer Services 26.50 26.50 Electric 22.00 22.00 Public Benefit 1.00 0.70 Solid Waste 0.50 0.50 Water 27.00 27.30 Light and Water Total 77.00 77.00 REDEVELOPMENT AGENCY Administration 5.12 5.42 Redevelopment Agency Total 5.12 1 5.42 TOTAL FULL-TIME FTEs 275.00 275.00 30 Capital Outlay FUNDING Account No. Division Description _ Budget General Fund Other Funding ADMINISTRATIVE SERVICES 10459500007142 Printing 1 units-Konica Minolta BizHub 750 Digital/Network Copy $15,995 $15,995 machines-replace equipment in City Hall and West Wing Administrative Services Total $15,995 $15,995 $0 CITY CLERK 10152100007142 City Clerk 1 unit-Ballot Counter $17,320 $17,320 City Clerk Total $17,320 $17,320 $0 INFORMATION TECHNOLOGY 48499300007142 City I.S. 2 units-Wi-Fi HotSpots in the Library, LRW and City Hall $6,495 $6,495 conference rooms 48499410007142 PD I.S. 1 unit-Wi-Fi HotSpots in PD I-Max and conference rooms 3,250 3,250 48499300007142 City I.S. Re-cable Senior Center with CAT-5. Replace and clear out 15,000 15,000 old cable and phone lines. 48499410007140 PD I.S. 1 unit-Replace Voice Logger for Dispatch call recoding 43,300 43,300 48499300007142 City I.S. 1 unit-Replace server for Mobile Display Computing 4,330 4,330 systems 48499300007142 City I.S. Annual personal computers and laptop computers 104,600 77,400 27,200 48499420007142 L&W LS. replacements 34556510007142 Sewer 2 units-Replace and expand AutoCad 2008 for 18,405 18,405 Engineering 42509230007142 PD I.S. 2 units-Mobile Display Computer(MDC)insurance 21,650 21,650 contingencies-2 units 48499300007142 City I.S. 1 unit-Rec and Parks System Software-Hosted solution 16,780 16,780 with printer 48499300007142 City I.S. Los Angeles Region Imagery Consortium data 10,285 10,285 31 Capital Outlay FUNDING Account No. Division Description Budget General Fund Other Funding INFORMATION TECHNOLOGY-Continued 48499300007142 City I.S. 1 unit-Granicus media manager software 30,360 30,360 34556510007142 City I.S. Services and software from KV Blueprint 22,195 22,195 48499300007142 City I.S. Disaster recovery offsite service for financial system 10,000 10,000 48499300007142 City I.S. 1 unit-HDL software for Code Enforcement system 43,300 43,300 48499410007140 PD I.S. 1 unit-Centralized Automatic Message Accounting 14,075 14,075 (CAMA)Trunking for 911 calls 48499300007125 City I.S. Expansion of existing Access Control system to include 20,000 20,000 Data Center and Finance Suite 2B Info Tech Total $384,025 $294,575 $69,450 LIBRARY 28305110517142 Library-Public Library 1 unit-Microfilm/microfiche reader and printer for public $7,335 $7,335 Funds use with coin box mechanism. 28305110607135 Library-Canyon City FY 07108 Rollover-Bookmobile Van 45,000 45,000 Foundation 28305110607142 Library-Canyon City FY 07108 Rollover-Wireless Laptop for Bookmobile 3,500 3,500 Foundation Library Total $55,836 $0 $55,835 PUBLIC SAFETY 28203100417135 Police 1 unit-Upgrade armored vehicle with ballistic protection of $7,500 $7,500 SWAT truck with Level VII roof and fold down sniper shields 49203100007125 Police Installation of gate cameras and controls for Dispatch 6,000 6,000 (south entrance) 28203100567140 Police 1 unit-Purchase Interoperability mobile radio and 20,685 20,685 associated equipment for Supervisor patrol vehicle 49203200007140 Emerg Services 3 units-Flat panel HD LCD TVs-2 with Smart Board 22,800 22,800 overlay;wireless system connections Public Safety Total $56,985 $0 $56,985 32 Capital Outlay FUNDING „ Account No. Division Description Budget General Fund Other Funding PUBLIC WORKS 10556610007140 Street&Sidewalk Maint 1 unit-Professional Towable Pressure Washer-Hydro $14,075 $14,075 Tek SC 3005 Public Works Total $14,075 $14,075 $0 RECREATION 10254100007150 Recreation Tables, chairs and EZ-Ups used for City events $10,825 $10,825 49254200007125 Parks Replace Oooring with carpel in Memorial Park 10,825 10,825 Administration office Recreation Total $21,650 $10,825 $10,825 LIGHT AND WATER 31407020357125 Admin 1 unit-Interior safety glass partition for 2nd floor $10,000 $10,000 receptionist area near planter 31407029357125 Admin 1 unit-Access door on northwest exterior stairway for 5,000 5,000 termite treatment 31407119027140 Customer Care 2 units-FC20OR linen handheld meter readers with 5,415 5,415 standard keyboard overlay,stylist,user's guide,universal power supply,power cord, PC communication cables- replacement 32407237617140 Water/Distribution 1 unit-Trailer mounted digital traffic control arrowboard 4,010 4,010 32407237617140 Water/Distribution 1 unit-Wach ERV-750 extension arm valve operator- 14,075 14,075 replacement 32407237617140 Water/Distribution 8 units-Retro fitting of existing diesel powered vehicles to 129,900 129,900 comply with new Air Resources Board standards 32407237617140 Water/Distribution i unit-Pipe tapping machine-replacement 27,065 27,065 33407339207135 Electric/Dist Operations 1 unit-Truck mounted with over center articulating material 316,500 316,500 handling aerial device with two single mounted baskets that uses alternate fuel as required by AOMD-replacement 33407359707150 Electric Operations/Meter 1 unit-WECO model 2350 meter test bench-replacement 48,715 48,715 Shop 32407237617140 Water/Distribution 2 units-Ford 4x2 F150 pickup trucks-replacement 32,800 32,800 32407237517140 Water/Distribution 1 unit-S220 Bobcat Skid Steer Loader Win attachments 87,325 87,325 Light and Water Total $680,805 $0 $680,805 33 Capital Outlay FUNDING Account No. Division Description Budget General Fund Other Funding EQUIPMENT REPLACEMENT 46203100007135 Police 1 unit-2008 Chevrolet Tahoe(pursuit-safety rated) $49,900 $49,900 46203100007135 Police 1 unit-Motorcycle equipped for emergency use and 26,000 26,000 outfitted with PVP system 46203100007135 Police 5 units-2008 Crown Victoria Interceptors(patrol cars) 138,560 138,560 46556610007135 Street&Sidewalk Maint 1 unit-5-7 Ton Diesel Powered Dump Truck 75,775 75,775 46556610007135 Street&Sidewalk Maint 1 unit-3/4 Ton Diesel/Gas Truck with Signing Utility Bed 64,950 64,950 46556510007135 Engineering 1 units-1/2 Ton Gas Powered Trucks 32,475 32,475 Equipment Replacement Total $387,660 $0 $387,660 Grand Total-Capital Equipment $1,634,350 $352,790 $1,281,560 34 Attachment "A" - Budget Amendments Account Account Description Amount Explanation 31101100007050 Donations $ 5,800 Additional contribution to Chamber of Commerce. (Requested by Council at study session) 80101100006630 Program Costs $ 4,000 Additional contribution to Chamber of Commerce. (Requested by Council at study session) 48499300006003- 48499300006165 Personnel Costs $ 9,265 Information Technology - Part-Time GIS Intern (Approved by CM-omitted in Prelim) RESOLUTION NO. 08-C46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE CITY OF AZUSA FOR THE FISCAL YEAR COMMENCING JULY 1, 2008 AND ENDING JUNE 30, 2009 THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The Preliminary budget for the City of Azusa for the fiscal year commencing July 1, 2008 and ending June 30, 2009, presented and reviewed at a public workshop held May 27, 2008, as modified by the City Council pursuant to attachment "A" herewith, is hereby approved and adopted as the budget of the City of Azusa for said fiscal year. SECTION 2. From the effective date of said budget, the several amounts stated herein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies of the City for the respective objects and purposes therein set forth, subject to expenditure pursuant to the provisions of all applicable ordinances of the City and statutes of the State. Further, it is established that said departments, offices, and agencies of the City shall not exceed their respective budgets. SECTION 3. All appropriations in the 2007-2008 budget of the City not expended or encumbered hereby expire and terminate, except for those appropriations expressly continued and carried forward into the budget for 2008-2009. Appropriations for Capital Projects and Capital Equipment are hereby carried forward until project completion or equipment acquisition. SECTION 4. Pursuant to Government Code 37208,warrants drawn in payment of demands certified or approved by the City Clerk as conforming to a budget approved by ordinance or resolution of the City Council need not be audited by the City Council prior to payment. Budgeted demands paid by warrant prior to audit by the City Council shall be presented to the City Council for ratification and approval at the first meeting after delivery of the warrants. SECTION 5. The City Clerk shall certify as to the adoption of this resolution. ADOPTED AND APPROVED this 16`h day of June, 2008. r -r ,, /( OSEPH R. ROCHA, MAYOR I HEREBY CERTIFY that the foregoing Resolution No. 08-c46, was duly adopted by the City Council of the City of Azusa at a meeting thereof, held on the 16'day of June, 2008, by the following vote of the Council: AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSEN ': COUNCIL MEMBERS: NONE IF- VERA MENDOZA, CITY CL DOCUMENT IN C?DOCUMENTS AND SETTNGSAZUSAUSERIIDESKTOPSJUNE 16.200NEMBEDDED.DOC RESOLUTION NO. 08-R25 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ADOPTING THE OPERATING BUDGET AND APPROVING APPROPRIATIONS FOR THE REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1,2008 AND ENDING JUNE 30, 2009 THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The operating budget for the Redevelopment Agency of the City of Azusa for the fiscal year commencing July 1, 2008 and ending June 30, 2009, as prepared and submitted by the Executive Director, is hereby approved and adopted as the budget of the Redevelopment Agency of the City of Azusa for said fiscal year. A copy of said budget is hereby ordered filed in the office of the Secretary and shall be certified by the Secretary as having been adopted by this resolution. SECTION 2. From the effective date of said budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the respective objects and purposes therein set forth for the Agency subject to expenditure pursuant to the provisions of all applicable ordinances of the Agency and statutes of the State. Further, it is established that the Agency will not exceed its budget. SECTION 3. All appropriations in the 2007-2008 budget of the Agency not expended or encumbered hereby expire and terminate, except for those appropriations expressly continued and carried forward ("rebudgeted") into the budget for 2008-2009. Appropriations for Capital Projects and Capital Equipment are hereby carried forward until project completion or equipment acquisition. SECTION 4. Pursuant to Government Code 37208, warrants drawn in payment certified or approved by the Secretary as conforming to a budget approved by ordinance or resolution of the Agency need not be audited by the Agency prior to payment. Budgeted demands paid by warrant prior to audit by the Agency shall be presented to the Agency for ratification and approval at the first meeting after delivery of the warrants. SECTION 5. The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 16`h day of June, 2008. J SEPH R. ROCHA, CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution No. 08-R25, was duly adopted by the Board of Directors of the Redevelopment Agency of the City of Azusa at a meeting thereof held on the le day of June, 2008, by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSTAIN: DIRECTORS: NONE ABSENT. DI ' CTORS: NO/, VERA MENDOZA, SECRETARY DOCUMENT IN C:IDOCUMENTS AND SETTINGSAZUSAUSERIIDESKTOPIUUNE 16,2006EMSEDDED DOC RESOLUTION NO. 08-P2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC FINANCING AUTHORITY ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2008 AND ENDING JUNE 30, 2009 THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC FINANCING AUTHORITY DOES RESOLVE AS FOLLOWS: SECTION 1. The Preliminary budget for the Azusa Public Financing Authority for the fiscal year commencing July 1, 2008 and ending June 30, 2009, presented and reviewed at a at a public workshop held May 27, 2008, is hereby approved and adopted as the budget of the Azusa Public Financing Authority for said fiscal year. A copy of said budget is hereby ordered filed in the office of the Secretary and shall be certified by the Secretary as having been adopted by this resolution. SECTION 2. From the effective date of said budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the respective objects and purposes therein set forth for the Authority subject to expenditure pursuant to the provisions of all applicable ordinances of the Authority and statutes of the State. Further, it is established that the Authority will not exceed its budget. SECTION 3. Pursuant to Government Code 37208, warrants drawn in payment certified or approved by the Secretary as conforming to a budget approved by ordinance or resolution of the Authority need not be audited by the Authority prior to payment. Budgeted demands paid by warrant prior to audit by the Authority shall be presented to the Authority for ratification and approval at the first meeting after delivery of the warrants. SECTION 4. The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 16`h day of June, 2008. 40)-k--/4 SEPH R. ROCHA, CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution No. 08-P2, was duly adopted by the Board of Directors of the Azusa Public Financing Authority at a regular meeting thereof held on the 16`h day of June, 2008, by the following vote of the Authority: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSTAIN: DIRECTORS: NONE ABSEN DIRECTORS: NONE or VERA MENDOZA, SECRETARY DOCUMENT IN C:1DOCUMENTS AND SETTINGSKZUSAUSERIIDESKTOPLLJUNE 16.2008EMBEDDED.DOC THERE IS NO PAPERWORK FOR THIS ITEM F cam Ll _ Fo PUBLIC HEARING ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL VIA: FRANCIS M. DELACH, CITY MANAGER `� ' FROM: JOSEPH F. HSU, DIRECTOR OF UTILITI/ES��d/ DATE: JUNE 16, 2008 SUBJECT: REFUSE RATE ADJUSTMENT RECOMMENDATION It is recommended that the City Council (1) open and conduct a public hearing to consider refuse coIIectian�te djustments for Athens Services effective July 1, 2008; and (2) close public hearing, Cand/i�f no less than A majority protest has been received from notified property owners, adopt tt�Acched resolution approving amendment number eleven to the Exclusive Franchise Agreement and setting-forth rate schedule of either OPTION 1 or OPTION 2 as listed below: OPTION I - EXCLUDES FUEL COST ADJUSTMENT: Residential Existin Proposed % Change Single Family Barrel $23.23 $23.22 -0.04% Multifamily Bin $17.71 $17.59 -0.68% Commercial 3 cubic yard bin/1 time per week $106.23 $108.89 2.50% OPTION 2 - INCLUDES ADDITIONAL COST OF DIESEL FUEL: As an option, the City Council may approve of a refuse collection rate adjustment for Athens Services which includes an additional amount to cover the increased cost of diesel fuel, estimated to be 1 .48% of the collection and disposal charges. Adoption of this option would result in the following rate changes: Residential Existin¢ Proposed % Change Single Family Barrel $23.23 $23.52 1 .25% Multifamily Bin $17.71 $17.71 0.60% Commercial 3 cubic yard bin/1 time per week $106.23 $110.29 3.82% BACKGROUND The City of Azusa has an Exclusive Franchise/agreement with Athens Services for refuse collection and recycling services. The City is obligated to adjust refuse collection and recycling rates each year based on the methods specified in the Agreement with Athens Services. The newly adopted rates are to go into effect July I of each year. For purposes of the annual rate adjustment, refuse rates are broken down into four rate components, plus one optional item this year to cover the increased cost of diesel fuel: (1) Service Fees. These are used to pay for trucks, personnel; and operating expenses such as diesel fuel. Service fees or collection costs are adjusted by the consumer price index (CPI) change from January to January based on recent contract amendment. The CPI change from 2007 to 2008 was 3.92%. (2) Processing and Disposal Charges. These are used to pay for the cost to process waste through Athens' MRF, as well as the cost to dispose of yard waste and solid waste at the Puente Hills landfill. The non-landfill portion of the per ton MRF rate is adjusted by change in CPI, and the landfill charges are passed on to ratepayers on a dollar-per-dollar basis such that Athens does not profit on changes in landfill costs or fluctuations in tonnage amounts. The Agreement requires that costs and revenues be tracked and "trued-up" each year, rather than just applying the CPI to a particular rate component. Following shows costs and revenue from rates by customer class for 2007-2008- Single Family Barrel Customers MRF+Landfill Costs -$908,992.07 Yard Waste -$36,470.65 Total: -$945,462.72 Revenues to Athens $1.005,242.77 Revenue Excess: $59,780.05 Prior Year Shortfall: -$36,530.49 Credit to Customers: $23,249.56 Multifamily Bin Customers MRF+Landfill Costs -$533,713.43 Revenues to Athens $557.925.91 Revenue Excess: $24,212.48 Prior Year Excess: $31,415.60 Credit to Customers: $55,628.08 Commercial Customers MRF+Landfill Costs -$862,029.51 Revenues to Athens $877,261.04 Revenue Excess: $15,231.53 Prior Yr Excess: $18,486.63 Credit to Customers: $33,718.16 The above credits are the result of less tonnage going to the MRF over this last year, probably due to the drought, and when combined with last year's credits, total $1 12,595. These credits helped offset per ton rate increase for MRF processing of 3.94% plus a 7% increase in landfill rate increase that will go into effect this next year. Had staff just adjusted last year's cost by CPI, MRF Processing and Landfill costs would have increased by over $90,000, rather than go down by $1 12,595, so the "true-up" mechanism in the contract saved ratepayers about $202,000 through this adjustment. (3) Franchise Fees. These fees represent City fees that are used to administer the contract and pay for wear and tear on City streets caused by disposal trucks. The franchise fee represents 10% of the sum of the service fee, disposal/processing fee, and franchise fee itself for each customer class (See Exhibit A to attached Resolution). (4) AB 939 Fees. These fees are used by the City to pay for costs related to the City's compliance effort with the State's recycling mandate, AB 939. While this fee has not been adjusted this past couple years, a CPI adjustment was applied to the fee this year. (5) Diesel Fuel Cost. The current contract with Athens allows them to request an adjustment for certain costs that increase faster than CPI. The "extraordinary" cost increases for diesel fuel falls into this category and the City has discretion to approve such increases. Athens requested a 1 .94% increase in its rates across-the-board, to cover their increased cost for diesel fuel. Athens' request was reviewed by SCS Engineers who expressed an opinion that the request was warranted based on information provided to them by Athens (See attached opinion). Upon further review by City staff, the percentage was reduced to 1.48%. The reduction was due to two issues: (1) the calculation by Athens did not include the correct percentage increases in the rates for last year and this year—adjustments will be higher and therefore offset Athens' request for additional funds; and (2) City's contract with Athens does not allow them to seek a fuel cost adjustment on operations related to MRF processing because when contract was negotiated it was felt that the fixed costs associated with the MRF operations were a large portion of the rate and since Athens would be getting 100% CPI, City felt that this more than covered extraordinary cost increases. SCS.Engineers reported that 1 ,895 gallons of diesel fuel were included in Athens request that were associated with the MRF operations. These gallons were excluded from Athens request pursuant to the contract language. These two adjustments reduced Athens' request by $25,850 annually. Staff have not been able to obtain fixed cost information on Athens refuse collection operation, even though the City has granted Athens 100% CPI each year since the contract was approved. City Council may exercise its discretion to deny the diesel fuel cost adjustment, however,given the staff adjustments referenced above, as well as the continuing trend of increased fuel costs, staff is inclined to support Athens' request submitted along with SCS Engineer's opinion in May. Also, the rates which were publicized as part of the Proposition 218 notice, did include consideration of Athens May fuel cost request. FISCAL IMPACT Total fiscal impact across all ratepayers is expected to be about $93,100 annually,'including the fuel cost adjustment ($67,300 per year). Residential customer portion of total increase is about $34,300 per year. Without the fuel cost increase, the total net fiscal impact across all ratepayers would be about $25,800 annually, and the residential ratepayers would see a rate reduction amounting to about $9,700 in upcoming fiscal year. Prepared by: Joseph F. Hsu, Director of Utilities Cary Kalscheuer, Assistant to the Director of Utilities Attachments: Resolution and Amendment; Rate Adjustment Calculations; Agreement Excerpts; Fuel Cost Adjustment Info/Analysis, Draft Rate Survey: v7 08-09 Resolution.doc Refuse Rate Agnnt Provisions.pdf Fuel Cost Info.pdf Rate Survey.doc Caks.pdf RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, APPROVING THE ELEVENTH AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH ARAKELIAN ENTERPRISES TO AMEND THE SERVICE RATES AND FEES FOR THE PERIOD OF JULY 1, 2008 THROUGH JUNE 30, 2009. WHEREAS, on October 2, 2000, the City Council of the City of Azusa, approved an Exclusive Franchise Agreement with Arakelian Enterprises, Incorporated (Contractor), for refuse collection and recycling services ("Original Agreement"); and WHEREAS, Section 5 of the Original Agreement requires that service rates be modified annually to account for cost of living changes and changes in disposal costs ("Adjustments") on July 1 of each year; and WHEREAS, rates have been calculated pursuant to the terms and conditions of the Original Agreement; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA, DOES FIND AND DECLARE THAT: SECTION 1: Adoption of Eleventh Amendment. The attached Eleventh Amendment to the Exclusive Franchise Agreement Between the City of Azusa and Arakelian Enterprises, Inc. for Refuse Collection, Recycling and Disposal Services is hereby approved. The rate schedule adopted as part of the Eleventh Amendment shall supersede any rate schedule previously adopted. SECTION 2: Effective Date. This Resolution shall become effective upon its adoption. SECTION 3: Authorization. That the Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution. PASSED AND APPROVED on this 16th day of June 2008. Mayor RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, APPROVING THE ELEVENTH AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH ARAKELIAN ENTERPRISES TO AMEND THE SERVICE RATES AND FEES FOR THE PERIOD OF JULY 1, 2008 THROUGH JUNE 30, 2009. WHEREAS, on October 2, 2000, the City Council of the City of Azusa, approved an. Exclusive Franchise Agreement with Arakelian Enterprises, Incorporated (Contractor), for refuse collection and recycling services ("Original Agreement"); and WHEREAS, Section S of the Original Agreement requires that service rates be modified annually to account for cost of living changes and changes in disposal costs ("Adjustments") on July I of each year; and WHEREAS, rates have been calculated pursuant to the terms and conditions of the Original Agreement; NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT: SECTION 1: Adoption of Eleventh Amendment. The attached Eleventh Amendment to the Exclusive Franchise Agreement Between the City of Azusa and Arakelian Enterprises, Inc. for Refuse Collection, Recycling and Disposal Services is hereby approved. The rate schedule adopted as part of the Eleventh Amendment shall supersede any rate schedule previously adopted. SECTION 2: Effective Date. This Resolution shall become effective upon its adoption. SECTION 3: Authorization. That the Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution. PASSED AND APPROVED on this 16th day of June 2008. Mayor I HEREBY CERTIFY that the foregoing resolution was duly passed by the City Council of the City of Azusa at a regular meeting of the Utility Board/City Council thereof on the 16th day of June 2008, by the following vote of the City Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: City Clerk AMENDED AND RESTATED FRANCHISE AGREEMENT BETWEEN THE CITY OF AZUSA AND ARAKELIAN ENTERPRISES, INC. FOR REFUSE COLLECTION, RECYCLING AND DISPOSAL SERVICES AMENDMENT NO. 11 This Eleventh Amendment to the Exclusive Franchise Agreement is entered into this ___________ day of__________ 2008 by and between the City of Azusa, a municipal corporation ("City") and Arakelian Enterprises, Inc., a California Corporation ("Contractor"). Effective 2008, the attached rate schedule shall replace Exhibit A of the Existing Exclusive Franchise Agreement approved on October 2, 2000. IN WITNESS WHEREOF, the parties have executed this Amendment No. I 1 as of the date first set out herein. Date: Date: CITY OF AZUSA ARAKELIAN ENTERPRISES, INC. A Municipal Corporation d.b.a. ATHENS SERVICES Joe Rocha, Mayor ATTEST: Vera Mendoza, City Clerk APPROVED AS TO FORM: Best Best & Krieger, LLP City Attorney EXHIBIT A - OPTION I WITHOUT FUEL COST INCREASE TO FRANCHISE AGREEMENT- BETWEEN THE CITY OF AZUSA AND ARAKELLAN ENTERPRISES, INC. MRF entire waste stream except green waste and clean inerts; Service Processing/ Service Fee Franchise Monthly Monthly Disposal Fee AB 939 Rale or Fee - - Fee Total Single Family $10.75 $9.47 $125 $0.75 $23.22 Multifamily Bin $7.01 $8.22 $1.69 $0.67 $17.59 Commercial Bins 3 Cubic Yard I Day/Week ----- $38.06 $56.64 $10.52 _ $3.67 $108.89 2 Days/Week $76.1'_ 564.12 515.58 $7.35 F$271.66 3.17 3 Days/Week $114.18 $7 Lfi5 $20.64 $11.02 7.49 4 DaysfWeek $15224 $79.05 $25.69 $14.66 5 DaydWeek $190.30 586.68 $30.77 $18.36 6.11 2 Cubic Yard I Day/Week $25.37 $59.23 $9.40 $2.45 .45 2 Day.JWeek $50.75 $71.01 $13.53 $4.91 $140.20 3 Day/Week $76.12 $82.63 517.64 $7.36 $183.75 4 Days(Week $101.50 $95.14 $21.85 $9.81 $228.30 5 Days/Week $126.87 $106.56 $25.94 $12.24 $271.61 1.5 Cubic Yard I Day/Weck 519.03 $45.51 $7.17 $1.83 $73.54 2 Days/Week $38.06 $69.88 $1L99 $3.66 $123.59 3 Days/Week $57.09 $93.61 $16.74 45,49 $172.93 Saturday Service $38.06 $56.64 $10.52 $3.67 $108.89 Locked Lid - 91n Change Out n/a 859.70 56.63 n?a $66.33 Ongoing Service n/a $ 6.64 $0.74 n/a $7.36 Temp Bins $8.79 $89.58 $10.93 $0.84 $110.14 X-tra Dumps $8.79 $36.80 $5.06 $0.84 $51.49 Same Day Different Day $8.79 $56.14 $721 $0.84 $72.96 Commercial 5701 $18.23 $281 $0.67 $28.72 Barrels Roll Offs Ton Based 5246.70 Ton Based $7.11 Ton Based EXHIBIT A-OPTION 2 WITH DIESEL FUEL COST ADJUSTMENT TO FRANCHISE AGREEMENT BETWEEN THE CITY OF AZUSA AND ARAKELLAN ENTERPRISES, INC. MRF entire waste stream except green waste and clean inerts; Service Processing/ Service Fee Frandtice Monthly Diesel Cost Monthly Disposal Fee AB 939 Rate or Fee Fee Total Single Family $10.75 $9,47 $2.25 $0.75 $0.30 $23.52 Multifamily Bin $7.01 $822 $1.69 $0.67 $0.23 $17.82 Commercial Bins 3 Cubic Yard I Day/Week $39.06 $56.64 $10.52 1 $3.67 $1.40 1 $110.29 2 DayslWeek $76.12 $64.12 $15.58 $7.35 $2.08 $16525 3 Days/Week $114.18 $71.65 $20.64 $11.02 $2.75 $220.24 4 Days/Week $15224 $79.05 $25.69 $14.68 $3.42 S275.08 5 DaydWeek $190.30 $86.68 $30.77 $18.36 $4.10 $330.21 2 Cubic Yard I Day/Week $25.37 $59.23 $9.40 $2.45 $1.25 $97.70 2 Days/Week $50.75 $71.01 $13.53 $4.91 $1.80 $143.00 3 Days/Week $76.12 $8263_ $17.64- --_S7.36_ $2.35 $186.10 4 Days/Week 5101.50 $95.14 $21.85 $9.81 $2.91 $23121 5 Days/Week $126.87 $106.56 $25.94 51224 $3.45 $275.06 1.5 Cubic Yard I Day/Week $19.03 $45.51 $7.17 $1.83 $0.96 $74.50 '_Days/Week $38.06 $69.88 $11.99 $3.66 $1.60 $125.19 3 DaysfWmk $57.09 $93.61 $16.74 $5.49 $2.23 $175.16 Saturday Service $38.06 $56.64 $10.52 $3.67. $1.40 $110.29 Locked Lid Bin Change Out n/a $59.70 $6.63 n/a $0.88 $6721 Ongoing Service n/a $ 6.64 $0.74 n/a $0.10 5 7.48 Temp Bins $8.79 $89.58 $1093 $0.84 $1.46 $111.60 X-tra Dumps _Same Day $839 $36.80 $5.06 $0.84 $0.67 $5216 Different Day $8.79_ _$56_14 $721 $0.84 $0.96 $73.94 Commercial $7.01 $18.23 $280 $0.67 $0.21 $28.92 Barrels Roll Offs Ton Based $246.70 Ton Based $7.11 $3.51 Ton Based Updated 4/24/08 Jun-Jul Jul-Jun Jun-Jul Jul-Jun Jun-Jul Apr-June Jun-Jul Jul-Jun Jun-Jul Jun-Jul Year 2007-08 - 2008-2009 2007-08 2008.2009 2007-08 2008-2009 2007-08 2008-2009 2007-08 2008-2009 2008.2009 New New New New New Service Processing/ Service service Franchise Franchise AB 939 AB 939 Total Total % $ Disposal Fee Disposal Fee Fee Fee Fee Fee Fee Fee Rate Rate Change Change Single Family (Trash&Green) 11.15 10.75 9.11 9.47 2.25 2.25 0.72 0.75 23.23 23.22 -0.04% ($0.01) Multifamily Bin 7.45 7.01 7.91 8.22 1.71 1.69 0.64 0.67 17.71 17.59 -0.68% ($0.12) Commercial Bins 3 Cubic Yard 1 Day[Week 37.93 38.06 54.50 56.64 10.27 10.52 3.53 3.67 106.23 108.89 2.50% $2.66 2 Days/Week 75.86 76.12 61.70 64.12 15.28 15.58 7.07 7.35 159.91 163.17 2.04% $3.26 3 Days/Week 113.79 114.18 68.95 71.65 20.30 20.64 10.60 11.02 213.64 217.49 1.80°% $3.85 4 Days/Week 151.72 152.24 76.07 79.05 25.30 25.69 14.13 14.68 267.22 271.66 1.66% $4.44 5 Days/Week 189.65 190.30 83.41 86.68 30.33 30.77 17.67 18.36 321.06 326.11 1.57% $5.05 2 Cubic Yard 1 Day/Week 25.29 25.37 57.00 59.23 9.14 9.40 2.36 2.45 93.79 96.45 2.84% $2.66 2 Days/Week 50.57 50.75 68.33 71.01 13.21 13.53 4.72 4.91 136.83 140.20 2.46% $3.37 3 Days/Week 75.86 76.12 79.51 82.63 17.30 17.64 7.08 7.36 179.75 183.75 2.23% $4.00 4 Days/Week 101.15 101.50 91.55 95.14 21.40 21.85 9.44 9.81 223.54 228.30 2.13% $4.76 5 Days/Week 126.44 126.87 102.54 106.56 25.44 25.94 11.78 12.24 266.20 271.61 2.03% $5.41 1.5 Cubic Yard 1 Day/Week 18.97 19.03 43.79 45.51 6.97 7.17 1.76 1.83 71.49 73.54 2.87% - $2.05 2 Days/Week 37.93 38.06 67.24 69.88 11.68 11.99 3.52 3.66 120.37 123.59 2.68% $3.22 3 Days/Week 56.90 . 57.09 90.08 93.61 16.33 16.74 5.28 5.49 168.59 172.93 2.57% $4.34 Saturday Service 37.93 38.06 54.50 56.64 10.27 10.52 3.53 3.67 106.23 108.89 2.50% $2.66 Locked Lid Bin Change Out n/a n/a 57.45 59.70 6.38 6.63 n/a n/a 63.83 66.33 3.92% $2.50 Ongoing Service Na. n/a 6.39 6.64 0.71 0.74 rda n/a 7.10 7.38 3.94% $0.28 Temp Bins 8.76 8.79 86.20 89.58 10.55 10.93 0.81 0.84 106.32 110.14 3.59% $3.82 X-Tra Dump! Same Day 8.76 8.79 35.41 36.80 4.91 5.06 0.81 0.84 49.89 51.49 3.21% $1.60 Different Day 8.76 8.79 54.02 56.14 6.98 7.21 0.81 0.84 70.57 72.98 3.42% $2.41 Commercial Barrels 7.45 7.01 17.54 18.23 2.78 2.81 0.64 0.67 28.41 28.72 1.09% $0.31 ROTI Offs Ton BasedTon Based Ton Based 237.39 246.70 Ton Based Ton Based, 6.84 7.11 Ton Based Ton Based Ton Based Ton Based 0 PTl N I Updated 6/10/08 Jun-Jul Jul-Jun Jun-Jul Jul-Jun Jun-Jul Apr-June Jun-Jul Jul-Jun Jun-Jul Jun-Jul Jun-Jul Year 2007-08 2008.2009 2007-08 2008-2009 2007-08 2006.2009 2007.08 2008.2009 2008.2009 2007.08 2008-2009 2008-2009 New New New New ENs- New Service Processing/ Service Service Franchise - Franchise AS 939 Ae 939 Ordinary Total Total e $ Disposal Fee Disposal Fee - Fee Fee Fee Fee Fee Fee Fuel Cost Rate Rate Change Change Single Family (Trash a Green) 11.15 10.75 9.11 9.47 2.25 2.25 0.72 0.75 0.30 23.23 23.52 1.25% $0.29 Multifamily Bin 7.45 7.01 7.91 8.22 1.71 1.69 0.64 '0.67 0.23 17.71 17.82 0.60% $0.11 Commercial Bins 3 Cubic Yard 1 Day/Week 37.93 38.06 54.50 56.64 10.27 10.52 3.53 3.67 1.40 106.23 110.29 3.82% $4.06 2 Days/Week 75.86 76.12 61.70 64.12 15.28 15.58 7.07 7.35 2.08 159.91 165.25 3.34% $5.34 3 Days/Week 113.79 114.18 68.95 71.65 20.30 20.64 10.60 11.02 2.75 213.64 220.24 3.09% $6.60 4 Days/Week 151,72 152.24 76.07 79.05 25.30 25.69 14.13 14.68 3.42 267.22 275.08 2.94% $7.86 5 Days/Week 189.65 190.30 83.41 86.68 30.33 30.77 17.67 18.36 4.10 321.06 330.21 .2.85% $9.15 2 Cubic Yard 1 Day/Week 25.29 25.37 57.00 59.23 9.14 9.40 2.36 2.45 1.25 93.79 97.70 4.17% $3.91 2 Days/Week 50.57 50.75 68.33 71.01 13.21 13.53 4.72 4.91 1.80 136.83 142.00 3.78% $5.17 3 Days/Week 75.86 76.12 79.51 82.63 17.30 17.64 7.08 7.36 2.35 179.75 186.10 3.53% $6.35 4 Days/Week 101.15 101.50 91.55 95.14 21.40 21.85 9.44 9.81 2.91 223.54 231.21 3.43% $7.67 5 Days/Week 126.44 126.87 102.54 106.56 25.44 25.94 11.78 12.24 3.45 266.20 275.06 3.33% $8.86 1.5 Cubic Yard 1 Day/Week 18.97 19.03 43.79 45.51 6.97 7.17 1.76 1.83 0.96 71.49 74.50 4.20% $3.01 2 Days/Week 37.93 38.06 67.24 69.88 11.68 11.99 3.52 3.66 1.60 120.37 125.19 4.00% $4.82 3 Days/Week 56.90 57.09 90.08 93.61 16.33 16.74 5.28 5.49 2.23 168.59 175.16 3.90% $6.57 Saturday Service 37.93 38.06 54.50 56.64 10.27 10.52 3.53 3.67 1.40 106.23 110.29 3.82% $4.06 Locked Lid Bin Change Out n/a n/a 57.45 59.70 6.38 6.63 n/a n/a 0.88 63.83 67.21 5.30% $3.38 Ongoing Service n/a n/a 6.39 6.64 0.71 0.74 n/a We 0.10 7.10 7.48 5.33% $0.38 Temp Bins 8.76 8.79 86.20 89.58 10.55 10.93 0.81 0.84 1.46 106.32 111.60 4.96% $5.28 X-Tra Dump: Same Day 8.76 8.79 35.41 36.80 4.91 5.06 0.81 0.84 0.67 49.89 52.16 4.56% $2.27 Different Day 8.76 8.79 54.02 56.14 6.98 721 0.81 0.84 0.96 70.57 73.94 4.78% $3.37 Commercial Barrels 7.45 7.01 17.54 18.23 2.78 2.80 0.64 0.67 0.21 28.41 28.92 1.81% $0.51 Roll Offs Ton BasedTon Based Ton Based 237.39 246.70 Ton Based Ton Based 6.84 7.11 3.511 Ton Based Ton Based Ton Based Ton Based C) Z MRF PROCESSING/DISPOSAL COST ADJUSTMENTS (Effective 1%1/2007, Puente Hills Landfill Rate is$26.21/ton; Effective 1/1/2008,rate Is$29.421ton; Effective 1/1/2009 rate is$33.22) Agreement Section 5.0 Adjustment Procedure 26.2 19.65 MRF PER TON RATE BREAKDOWN: 1-Apr-08 1-Jul-08 1-Jan-09 Existing Rate CPI' Adj. Rate CPI Adj. Rate A Processing Cost Per Ton: $40.76 3.92% $42.36 $42.36 B Landfill Cost Per Ton: $29.42 $29.42 $33.22 C MRF Portion of landfill at 75% $22.07 $22.07 _ $24.92 Per Ton Rate (Total of A&C) $62.83 $64.42 $67.27 RESIDENTIAUCOMMERCIAL BARREL CUSTOMERS Anticipated Tons/Costs for Apr 07-Mar 08: - Updated 4/21/08 Extension/ Tons Rate Amount Green Waste(based on Apr 07-Mar OB) 2,895.68 $14.30 $41,408.22 MRF(based on Apr 07-June 07) 3,850.63 $62.83 $241,935.08 MRF(based on July 07-Dec 07) 7,453.47 $64.42 $480,174.36 MRF(based on Jan 08-Mar 08) 3,681.53 $67.27 $247,667.30 Required Revenue for MRF/Disposal Costs: $1,011,184.97 Monthly Required Revenue: $84,265.41 Adjusted Average Monthly Customer Count: 7,657.76 Monthly Rate for MRF Processing/Disposal $11.00 (Credit)/Deficiency(based on Apr 07-Mar 08+prior bal) ($025) New Monthly Rate for Jul 07-June 08 _ $10.75 RESIDENTIAL BIN CUSTOMERS Anticipated Tons/Costs for Apr 07-Mar 08: Updated 4/21/08 Extension/ Tons Rate Amount MRF(based on Apr 07-June 07) 2,268.01 $62.83 $142,499.07 k MRF(based on July 07-Dec 07) 4,356.69 $64.42 $280,670.72 1f MRF(based on Jan 08-Mar 08) 2,173.77 $67.27 $146,235.87 q Required Revenue for MRF/Disposal Costs: $569,405.66 Monthly Required Revenue: $47,450.47 Adjusted Average Monthly Customer Count: 6,103.99 Monthly Rate for MRF Processing/Disposal $777 (Credit)/Deficiency(based on Apr 07-Mar 08+prior bal) ($0.76) New Monthly Rate for Jul 07-June 08 $7.01 COMMERCIAL BIN CUSTOMERS Anticipated Tons/Costs for Apr 07-Mar 08: Updated 4121/08 Extension/ Tons Rate Amount MRF(based on Apr 07-June 07) 3,585.31 $62.83 $225,265.03 q MRF(based on July 07-Dec 07) 7,031.95 $64.42 $453,018.81 9 MRF(based on Jan 08-Mar 08) 3,588.77 $67.27 $241,427.06 ri Required Revenue for MRF/Disposal Costs: - $919,710.90 Monthly Required Revenue: $76,642.57 Average Monthly Cubic Yards of Service: _ 25,200 Monthly MRF Rate Per Cubic Yard of Service: $3.04 (Credit)/Deficiency(based on Apr 07-Mar OB+prior bal) ($0.11) New Monthly Rate for Jul 07-June 08 $2.83 f1 Based on actual tons disposed as reported on Monthly Disposal Reports,from 4/07 to 3/08. RESIDENTIAL/COMMERCIAL BARREL CUSTOMERS (Effective Jan. 1,2008, Puente Hills Landfill Rate Increased from$26.21/Ton to$28.25/Ton) MRF/DISPOSAL COSTS Updated 4/21108 MRF Year Barrel Tons Rate Cost Total Tons Total Cost APRIL 2007 1,255.10 59.05 74,113.66 MAY 2007 1,310.39 59.05 77,378.53 JUN 2007 1,285.14 59.05 75,887.52 JUL 2007 1,303.67 60.42 78,767.74 AUG 2007 1,311.47 60.42 79,239.02 SEP 2007 1,116.05 60.42 67,431.74 OCT 2007 1,234.50 60.42 74,588.49 NOV 2007 1,242.22 60.42 75,054.93 DEC 2007 1,245.56 60.42 75,256.74 JAN 2008 1,345.06 62.82 84,496.67 FEB 2008 1,165.46 62.82 73,214.20 MAR 2008 1,171.01 62.82 73,562.85 14;985.63 $908,992.07 LANDFILL DIRECT HAUL Year Barrel Tons Rate Cost None 0.00 $0.00 0.00 $0.00 Updated 4121/08 GREEN WASTE Year Green Tons Rate Cost APRIL 2007 269.67 12.10 $3,263.01 MAY 2007 284.69 12.10 $3,444.75 JUN 2007 244.60 12.10 $2,959.66 JUL 2007 285.87 12.10 $3,459.03 AUG 2007 284.17 12.10 $3,438.46 SEP 2007 235.10 12.10 $2,844.71 OCT 2007 243.41 12.10 $2,945.26 NOV 2007 206.14 12.10 $2,494.29 DEC 2007 190.70 12.10 $2,307.47 JAN 2008 219.21 14.30 $3,134.70 FEB 2008 184.89 14.30 $2,643.93 MAR 2008 247.23 14.30 $3,535.39 2,895.68 $36,470.65 TOTALS 17,881.31 $945,462.73 MRF/DISPOSAL REVENUES Updated 4/21/08 Year Res Cust Count Rate Com Barrel Ct Rate Revenue Total Revenues APRIL 2007 7,580.1080 10.09 34 8.12 $76,759.37 MAY - 2007 7,584.1149 10.09 35 8.12 $76,807.92 JUN 2007 7,591.1953 10.09 35 8.12 $76,879.36 JUL 2007 7,597.2679 11.15 35 7.45 $84,970.29 AUG" 2007 7,652.7920 11.15 36 7.45 $85,596.83 SEP' 2007 7,659.4044 11.15 36 7.45 $85,670.56 OCT 2007 7,696.1742 11.15 36 7.45 $86,080.54 NOV 2007 7,703.8080 11.15 36 7.45 $86,165.66 DEC 2007 7,737.2364 11.15 36 7.45 $86,538.39 JAN 2008 7,709.3036 11.15 36 7.45 $86,226.94 FEB 2008 7,710.2038 11.15 36 7.45 $86,236.97 MAR 2008 7,671.4689 11.15 34 7.45 $85,790.18 $1,003,723.00 'retroactively paid Updated 4/24/2008 Temporary Bin Dumps (09/6) Bin Count Rate Revenue Total Bins Total Revenue Apr 07 -Jun 07 63 8.55 $538.65 Jul 07- Mar 08 112 -8.76 $981.12 175 $1,519.77 TOTAL MRF/DISPOSAL REVENUES $1,005,242.77 (Credit)/Deficiency for Period ($59,780.04) (Credit)/Deficiency for Prior Adjustment (Eff.7-6-2007) $36,530.49 (Credit)/Deficiency for this Adjustment ($23,249.55) Average Monthly Customer Count 7,657.76 (Credit)/Deficiency Per Customer/Month over 12 months ($0.25) RESIDENTIAL BIN CUSTOMERS MRF/DISPOSAL COSTS Updated 4/24/2008 MRF Year Bin Tons Rate Cost Total Tons Total Cost APR 2007 749.37 59.05 $44,250.30 MAY 2007 787.30 59.65 $46,490.07 JUN 2007 731.34 59.05 $43,185.63 JUL 2007 742.16 60.42 $44,841.31 AUG 2007 755.94 60.42 $45,673.89 SEP 2007 683.64 60.42 - $41,305.53 OCT 2007 757.43 60.42 $45,763.92 NOV 2007 696.54 60.42 $42,084.95 DEC 2007 720.98 60.42 $43,561.61 JAN 2008 796.83 62.82 $50,056.86 FEB 2008 687.81 62.82 $43,208.22 MAR 2008 689.13 62.82 $43,291.15 8,798.47 $533,713.43 LANDFILL DIRECT HAUL Year Bin Tons Rate Cost None 0.00 0.00 $0.00 0.00 $0.00 GREEN WASTE Year Green Tons Rate Cost None 0.00 0.00 $0.00 0.00 $0.00 TOTALS 8,798.47 $533,713.43 MRF/DISPOSAL REVENUES Updated 4/18/2008-Bin Cus Count are units billed that month. Year Cubic Yards Rate Bin Cus Count Revenue Total Cu.Yd. Total Revenue APR 2007 16,776 8.12 6,145.8737 $49,904.49 MAY 2007 16,798 8.12 6,123.1231 $49,719.76 JUN 2007 16,811 8.12 5,983.3890 $48,585.12 JUL 2007 16,824 7.45 5,944.0831 $44,283.42 AUG 2007 16,824 7.45 5,955.2316 $44,366.48 SEP 2007 16,824 7.45 6,087.0717 $45,348.68 OCT 2007 16,837 7.45 6,193.8880 $46,144.47 NOV 2007 16,915 7.45 6,156.7630. $45,867.88 DEC 2007 16,928 7.45 6,177.1576 $46,019.82 JAN 2008 16,928 7.45 6,176.6009 $46,015.68 FEB 2008 16,928 7.45 6,168.7233 $45,956.99 MAR 2008 16,928 7.45 6,135.9896 $45,713.12 202,321 $557,925.91 Temporary Bin Dumps(0%) Bin Count - Rate Revenue Total Bins Total Revenue Apr 07-Jun 07 0 8.43 $0.00 Jul 07- Dec 07 Jan 09-Mar 09 0 8.55 $0.00 0 $0.00 'Implemented by City June 2006 TOTALS _ 73,247.8946 $557,925.91 (Credit)/Deficiency for Period ($24,212.48) Special Credit for 8/3/2006 $0.00 (Credit)/Deficiency for Prior Adjustment (Eff.7-6-2007) ($31,415.60) (Credit)/Deficiency for this Adjustment ($58,628.08) Average Monthly Customer Count 6,103.99 (Credit)/Deficiency Per Month/Customer(based on 12 Months) ($0.76) COMMERCIAL BIN CUSTOMERS MRF/DISPOSAL COSTS Updated 4/18/2008 MRF Year Bin Tons Rate Cost Total Tons Total Cost APRIL 2007 1,209.35 59.05 $71,412.12 MAY 2007 1,235.14 59.05 $72,935.02 JUN 2007 1,140.82 59.05 $67,365.42 JUL 2007 1,148.56 60.42 $69,396.00 AUG 2007 1,230.34 60.42 $74,337.14 SEP 2007 1,105.38 60.42 $66,787.06 OCT 2007 1,229.17 60.42 $74,266.45 NOV 2007 1,149.71 60.42 $69,465.48 DEC 2007 1,168.79 60.42 $70,618.29 JAN 2008 1,320.46 62.82 $82,951.30 FEB 2008 1,141.87 62.82 $71,732.27 MAR 2008 1,126.44 62.82 $70,762.96 14,206.03 $862,029.51 LANDFILL DIRECT HAUL Year Bin Tons Rate Cost Total Tons Total Cost Dec 06 Report 0.00 24.43 $0.00 0.00 $0.00 GREEN WASTE Year Green Tons Rate Cost Total Tons Total Cost None 0.00 0.00 $0.00 0.00 $0.00 Temporary Bin Dumps Bin Tons Rate Bin Cost Total Tons Total Cost Apr 1 07 to Jun 3008 0.00 0.00 0.00 Jul 1 07 to Mar 1 08 0.00 0.00 0.00 0.00 0.00 TOTALS 14,206.03 $862,029.51 MRF/DISPOSAL REVENUES Updated 4-18-08 Year Cubic Yards Revenue Total Cu. Yd. Total Revenue APR 2007 25,248 $71,901.01 MAY 2007 24,533 $69,864.63 JUN 2007 24,202 $68,920.48 JUL 2007 24,245 $70,740.10 AUG 2007 25,252 $73,806.12 SEP 2007 25,395 $74,096.90 OCT 2007 25,558 $74,571.01 NOV 2007 25,603 $74,703.77 DEC 2007 25,675 $74,912.38 JAN 2008 25,696 $74,975.60 FEB 2008 25,516 $74,450.90 MAR 2008 25,471 $74,318.14 302,394 $677,261.04 Temporary Bin Dumps(0%) Bin Count Rate Revenue Total Bin Total Revenue Apr 06 -Jun 06 0 8.43 $0.00 Jul 06- Mar 07 0 8.55 $0.00 0 $0.00 TOTALS $877,261.04 (Credit)/Deficiency for Period ($15,231.53) Special Credit for 8/3/2006 $0.00 (Credit)/Deficiency Prior Adjustment Eff. 7-6-2007 ($18,486.63) (Credit)/Deficiency This Adjustment ($33,718.16) Total Annual Cubic Yards of Service 302,394.28 (Credit)/Deficiency Per Cubic Yard ($0.11) LBS Per Cubic Yard 93.957 Commercial Bin Service April 2007 thru March 2008 Year 2007 OK 2007 OK 2007 OK 1.5 CY Bin Customer Count X's Week Apr Rate Revenue May Rate Revenue June Rate Revenue 1 121 18.51 $2,239.71 119 18.51 $2,202.69 116 18.51 $2,147.16 2 1 37.02 $37.02 1 37.02 $37.02 1 37.02 $37.02 3 0 55.53 $0.00 0 55.53 .$0.00 0 55.53 $0.00 4 1 74.04 $74.04 1 74.04 $74.04 1 74.04 $74.04 5 0 92.55 $0.00 0 92.55 $0.00 0 92.55 $0.00 6 0 111.06 $0.00 0 111.06 $0.00 0 111.06 $0.00 2.0 CY Bin X's Week 1 27 24.68 $666.36 25 24.68 $617.00 25 24.68 $617.00 2 5 49.36 $246.80 6 49.36 $296.16 6 49.36 $296.16 3 0 74.04 $0.00 0 74.04 $0.00 0 74.04 $0.00 4 0 98.72 $0.00 0 98.72 $0.00 0 98.72 $0.00 5 0 123.41 $0.00 0 123.41 $0.00 0 123.41 $0.00 6 0 148.09 $0.00 0 148.09 $0.00 0 148.09 $0.00 3.0 CY Bin X's Week 1 238 37.02 $8,810.76 232 37.02 $8,588.64 235 37.02 $8,699.70 2 144 74.04 $10,661.76 148 74.04 $10,957.92 148 74.04 $10,957.92 3 111 111.06 $12,327.66 139 111.06 $15,437.34 153 111.06 $16,992.18 4 42 148.09 $6,219.78 42 148.09 $6,219.78 41 148.09 $6,071.69 5 121 185.11 $22,398.31 93 185.11 $17,215.23 80 185.11 $14,808.80 6 37 222.13 $8,218.81 37 222.13 $8,218.81 37 222.13 $8,218.81 Total 848 $71,901.01 843 $69,864.63 843 $68,920.48 Cary Kalscheuer Page 1 6/9/2008 Commercial Bin Service April 2007 thru March 2008 2007 2007 2007 July Rate Revenue Aug Rate Revenue Sept Rate Revenue 116 18.97 $2,200.52 115 18.97 $2,181.55 115 18.97 $2,181.55 1 37.93 $37.93 1 37.93 $37.93 1 37.93 $37.93 0 56.90 $0.00 0 56.90 $0.00 0 56.90 $0.00 1 75.87 $75.87 1 75.87 $75.87 1 75.87 $75.87 0 94.84 $0.00 0 94.84 $0.00 0 94.84 $0.00 0 113.81 $0.00 0 113.81 $0.00 0 113.81 $0.00 24 25.29 $606.96 28 25.29 $708.12 23 25.29 $581.67 6 50.57 $303.42 5 50.57 $252.85 5 50.57 $252.85 0 75.86 $0.00 0 75.86 $0.00 0 75.86 $0.00 0 101.15 $0.00 0 101.15 $0.00 0 101.15 $0.00 0 126.44 $0.00 0 126.44 $0.00 0 126.44 $0.00 0 151.73 $0.00 0 151.73 $0.00 0 151.73 $0.00 237 37.93 $8,989.41 240 37.93 $9,103.20 240 37.93 $9,103.20 147 75.86 $11,151.42 146 75.86 $11,075.56 144 75.86 $10,923.84 156 113.79 $17,751.24 114 113.79 $12,972.06 107 113.79 $12,175.53 41 151.72 $6,220.52 41 151.72 $6,220.52 50 151.72 $7,586.00 79 189.65 $14,982.35 120 189.65 $22,758.00 120 189.65 $22,758.00 37 227.58 $8,420.46 37 227.58 $8,420.46 37 227.58 $8,420.46 845 $70,740.10 848 $73,806.12 843 $74,096.90 Cary Kalscheuer Page 2 6/9/2008 Commercial Bin Service April 2007 thru March 2008 2007 2007 2008 Oct Rate Revenue Nov Rate Revenue Dec Rate 112 18.97 $2,124.64 113 18.97 $2,143.61 112 18.97 2 37.93 $75.86 2 37.93 $75.86 2 37.93 0 56.90 $0.00 0 56.90 $0.00 0 56.90 1 75.87 $75.87 1 75.87 $75.87 1 75.87 0 94.84 $0.00 0 94.84 $0.00 0 94.84 0 113.81 $0.00 0 113.81 $0.00 0 113.81 23 25.29 $581.67 23 25.29 $581.67 23 25.29 5 50.57 $252.85 5 50.57 $252.85 5 50.57 0 75.86 $0.00 0 75.86 $0.00 0 75.86 0 101.15 $0.00 0 101.15 $0.00 0 101.15 0 126.44 $0.00 0 126.44 $0.00 0 126.44 0 151.73 $0.00 0 151.73 $0.00 0 151.73 244 37.93 $9,254.92 247 37.93 $9,368.71 247 37.93 145 75.86 $10,999.70 145 75.86 $10,999.70 144 75.86 104 113.79 $11,834.16 104 113.79 $11,834.16 102 113.79 54 151.72 $8,192.88 54 151.72 $8,192.88 50 151.72 120 189.65 $22,758.00 120 189.65 $22,758.00 126 189.65 37 227.58 $8,420.46 37 227.58 $8,420.46 37 227.58 847 $74,571.01 851 $74,703.77 849 Cary Kalscheuer Page 3 6/9/2008 Commercial Bin Service April 2007 thru March 2008 2008 2008 2008 Revenue Jan Rate Revenue Feb Rate Revenue Mar Rate Revenue $2,124.64 112 18.97 $2,124.64 111 18.97 $2,105.67 110 18.97 $2,086.70 $75.86 2 37.93 $75.86 1 37.93 $37.93 1 37.93 $37.93 $0.00 0 56.90 $0.00 0 56.90 $0.00 0 56.90 $0.00 $75.87 1 75.87 $75.87 1 75.87 $75.87 1 75.87 $75.87 $0.00 0 94.84 $0.00 0 94.84 $0.00 0 94.84 $0.00 $0.00 0 113.81 $0.00 0 113.81 $0.00 0 113.81 $0.00 $581.67 23 25.29 $581.67 24 25.29 $606.96 24 25.29 $606.96 $252.85 4 50.57 $202.28 4 50.57 $202.28 4 50.57 $202.28 $0.00 1 75.86 $75.86 1 75.86 $75.86 1 75.86 $75.86 $0.00 0 . 101.15 $0.00 0 101.15 $0.00 0 101.15 $0.00 $0.00 0 126.44 $0.00 0 126.44 $0.00 0 126.44 $0.00 $0.00 0 151.73 $0.00 0 151.73 $0.00 0 151.73 $0.00 $9,368.71 239 37.93 $9,065.27 243 37.93. $9,216.99 248 37.93 $9,406.64 $10,923.84 149 75.86 $11,303.14 148 75.86 $11,227.28 145 75.86 $10,999.70 $11,606.58 103 113.79 $11,720.37 104 113.79 $11,834.16 106 113.79 $12,061.74 $7,586.00 49 151.72 $7,434.28 47 151.72 $7,130.84 45 151.72 $6,827.40 $23,895.90 126 189.65 $23,895.90 124 189.65 $23,516.60 124 189.65 $23,516.60 $8,420.46 37 227.58 $8,420.46 37 227.58 $8,420.46 37 227.58 $8,420.46 $74,912.38 846 $74,975.60 845 $74,450.90 846 $74,318.14 Cary Kalscheuer Page 4 6/9/2008 _ Commercial Bin Service April 2007 thru March 2008 Updated 4/17/2008 Revenue Customer Count Total Total $25,863.08 1,372.00 $604.15 16.00 $0.00 0.00 $904.95 12.00 $0.00 0.00 $0.00 0.00 $7,337.71 292.00 $3,013.63 60.00 $227.58 3.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $108,976.15 2,890.00 $132,181.78 1,753.00 $158,547.18 1,403.00 $83,902.57 556.00 $255,261.69 1,353.00 $100,440.57 444.00 $877,261.04 10,154.00 Cary Kalscheuer Page 5 6/9/2008 G OON OO (ON 00000 0c N N Lo CM le N pm N M a0 � NnOOai CMO M . W H O 00 N r n (n a OG n N Cl) q* (O N co co 0+7 N ( N CD N O d co T OMOwoo 000) (0000 'IT O V OO (D r 0 r .- N N (D N N n m M O CO a N M M V N co N O N OD M , Cl) 0 (D OO 000) (0000 mm (D It 0 (0 CO O LL rN N O N r OD NO -4 O W 0 N M M V N m N lr N 00 Cm (D OO OO 0) 0) (0000 N �t rOD0 (D () O ' N N m0N OODm CP r 0 LOCD to N M C6 'i N CD N (lf N r- O OD (00 (D 00 m rl0000 x '700 00 (D rO 00 Q r N N m m N r 0) W , CO (nD N M M M N m N Cn N 00n > V CD O m 0 0 m 1` 0 0 0 0 O (O M O O M y O O O Cl) N Nm rl- (D O Om O (� O O Z N r N N O OD m OD tO N N M' M S N r` N (q L O N d t1 V) L C {6 t` 00 (D 0 (D 00 m r 0000 N O (D 00 0 (D OD m O O n N N mm n00000CO H T i N M M 7 N h N N v a L n 41 0 n �-• r- M0 (D OO 0) N0000 O V M 0 0 CD N E 0 00 y^ N mm Nn rl (0D 000000 M N N f0 M M V N r N N O 'i N U a Q n O N MO (D O O m NO O O O 0 (D (DN O CD N 0 O N N m W - r V co W co N N Q M M 7 N n N O N r T a M O (D O O CO V 0000 N V N (O (D N O = ((1 N O O CO N OO MM 00 'cf O C\j -3 r N O CO O CO N M M CD N (D N a L N rl O N a M0 (D 00 n V 0000 Nmt` N Om N O 2 C m .-- N O Ln a O m O m O O i = t, N O CO (D N 00 N N d C7 M (n CV u7,N N (D 0 rZ >.co M O (D 00 x 7 0000 (D CO 7u) (D M 0 0 07 N a r- N0 000 V - 0 O0 mN N M M (Il N t0 N a O N (n o W L (DMON OO mx` 0000 mvmv LO co co O } Q EL r ! N N co O n CO OD CO OODD N N V MM V NrzN N N U °1 L lL6 C_ Y .- N Cl) V M (D N CO V (D Co N CO V (D CD N d Lb L)U L) O m O w U N X M X F Section 5.02 Modification to Residential Barrel and Bin Service Rates. A. Allowable Rate Adjustments. Refuse collection rates in Exhibit "A" shall be adjusted upward or downward for all refuse service billing periods beginning after June 30 of each year(the Adjustment Date). Contractor is not prohibited from requesting periodically a rate increase on disposal costs due to substantial decreases or increases of these costs. Rates shall be adjusted upward or downward based on the following changes: (j) A change in the CPI; (ii) A change in costs associated with MRF usage or for a change in costs associated with disposal of green waste at landfills,either due to changes in the charges by the Disposal Site operator or due to reductions or increases in the amount of materials disposed at the Disposal Sites being utilized. Rates may also be modified due to the following: (iii) A change in hauling costs directly resulting from the permanent closure of a landfill being utilized by the Contractor for disposal of Refuse collected in Azusa; (iv) A change in operating costs,such as a change in insurance costs,which is extraordinary in nature and adversely impacts the Contractor; (v) A change in hauling costs resulting from the City directing Contractor to use a Disposal Site that is located closer to,or farther away from the City than the Puente Hills landfill. The City Council shall have the opportunity to review and approve a request for a rate increase made pursuant to Section 5.02A(iii)(iv)(v), and such approval shall not be unreasonably withheld. B. Rate Breakdown and Adjustment Method. The following information and procedures shall be used for the first adjustment effective July 1, 2001, and subsequent annual rate adjustments: (i) Rates included in Exhibit"A"shall be effective upon adoption of this Agreement. Rates are broken down as follows and this breakdown shall serve as the basis for the adjustment effective July 1, 2001: 17 00 Residential Multifamily Monthly Monthly Rare Component Barrel Rate Bin Rate Refuse/Gteen Collection Fee $7.21 $5.69 MRF Processing&Disposal 6.50 6.26 AB 939 Fee 1.15 Franchise Fee 1.29 1.29 Billing Charge 0.45 0.45 Total $15.45 $14.84 (ii) Allowable adjustments specified in Section 5.02A(i)(ii)(iii)(iv)(v) apply to rate components as follows: (1) CPI changes will only affect those costs related to collection and billing; (2) Disposal Site usage cost changes shall only affect the MRF Processing& Disposal Cost,which shall include incineration costs and the cost to dispose of Green Waste; (3) Disposal Site closures may affect Green Waste collection costs, and Disposal cost portion of the -rate; (4)changes in operating costs shall only affect costs related to collection- (5) changes in costs due to implementation of new services shall be incorporated into this Franchise Agreement by amendment and may affect all cost categories; (6)Franchise fees as required by this Agreement shall be adjusted when any or all rate other components are adjusted. (a) CPI Adjustments -Method specified in Section 5.01B(ii) shall be used in making the annual rate adjustment. (b) MRF Processing and Disposal Cost Adjustments -This component of monthly rate shall be adjusted(up or down) based on disposal cost data and customer count information for year ending March 31. The procedure for adjusting this component of rate is as follows: (1) The customer count shall be determined for each month of the past twelve(12) months along with the amount of billed revenue from customers for MRF Processing and Disposal; (2) Actual annual costs shall be determined based on the required monthly disposal, reports from the Contractor; (3)MRF Processing and Disposal costs shall be adjusted to expected annual cost for future year, based on the anticipated tonnage multiplied by per ton rates for MRF processing, and per ton landfill rates for green waste disposal, and by dividing the annual total of these costs by anticipated monthly customer counts for the upcoming year, (4) Any excess or deficiency of revenue collected from the MRF Processing and Disposal component of the rate in the prior year shall be applied to the future year rate in order to return the excess (or collect deficiency) to customers over subsequent a twelve (12) month period. Through this adjustment procedure the per ton costs listed in Exhibit "A", along with per ton green waste disposal charges, shall be passed on to rate payers such that the Contractor shall not profit on these charges beyond the per ton rates applied to actual tons processed or disposed. 18 aovoo (c) Collection Cost Increases - The amount of collection rate increase or decrease attributed to added collection costs due to the closure of a Disposal Site, shall be reviewed by a CPA or a consultant selected by the City and approved by the Contractor. Said CPA or consultant shall submit a professional written opinion expressing the accuracy of the computation of the increase or decrease required as a direct and proximate result of the Contractor's changed costs resulting from 5.02 A(iii). The CPA or consultant shall enter into a confidentiality agreement with the Contractor and agree not to release confidential information to the City. (d) Operating Cost Changes -Rate adjustments for extraordinary changes i k operating costs, such as insurance and maintenance, shall be initiated by the Contractor. Contractor shall submit a request to the City between September and March in the year the rate adjustment is expected. The Contractor shall submit cost information verified by a CPA or a consultant approved by the City justifying rate increases for extraordinary operating cost increases. The CPA or consultant shall enter into a confidentiality agreement with the Contractor . and agree not to release confidential information to the City. % (e) Service Additions-The City may request the Contractor to provide additional services during the term of this Franchise Agreement which are not included in the existing scope of work. The Contractor shall provide reasonable and responsive proposals to the City on how such services are to be provided and state the cost for service additions. Additional service items shall be incorporated into this Franchise Agreement through an appropriate amendment. If the configuration of services provided through this Franchise Agreement is significantly altered through the addition of new services, the City and Contractor may mutually agree to change the methods for modifying rates. For services not listed in this Franchise Agreement which the Contractor currently provides, desires to provide or has been requested to provide, the Contractor shall make applications to the City to provide service and modify the Franchise Agreement. (f) Transportation Cost SavingsAncreases - In the event the City locates a Disposal Site for Green Waste that is closer to Azusa than the facilities listed in Section 4.2,the City and Contractor shall determine the material collection cost savings associated with use of such a facility by using the same method as found in 5.02B(ii)(c). If the cost savings are material in nature and the City desires to direct the Contractor to use the less distant facility, the City shall notify the Contractor of this intent and shall provide in writing the estimated cost savings to be credited to the rate payer. The Contractor shall have 30 days from receipt of this notice to provide an option that will result in greater cost savings to the rate payer. If the Contractor does not respond within 30 days, the Contractor must transport the Green Waste to the less distant facility as directed by the City. The rates shall be adjusted through a contract amendment agreed to by the City and Contractor. If the Contractor provides an option that results in greater cost savings for the same service, the City shall reconsider its position and make a final determination as to which facility to direct the Contractor within 30 days of receipt of the Contractor's proposal. 19 orowo Environmental Consultants 3900 Kilroy Airport Way 562 426-9544 and Contractors Suite 100 FAX 562 427-0805 Long Beach, CA 90806-6616 www.scsengineers.com May 7, 2008 File No. 01201062.09 Mr_ Joseph F. Hsu Director of Utilities City of Azusa 729 N. Azusa Avenue Azusa, CA 91702 Subject: Review of Information for Extraordinary Operating Cost Increase Dear Mr. Hsu:. SCS Engineers (SCS) has reviewed the information associated with Athens Services (Athens) request for a fuel cost adjustment of 1.94%. Pursuant to Section 5.02(13)(ii)(d) of the Contract, Athens is required to submit cost information verified by a CPA or a consultant approved by the City justifying rate increases for extraordinary operating cost increases. With concurrence from the City, Athens retained SCS to conduct a review of the cost data and verify the information. In accordance with the contract, SCS entered into a confidentiality agreement with Athens, and agreed not to release confidential information to the City. SCS received a copy of the email dated April 2, 2008 from Christian Warner to Cary Kalscheuer along with the attached calculation page ("request for fuel cost adjustment"). Based on the information contained in the request for fuel cost adjustment, SCS requested to review the supporting documentation. The following documentation was reviewed at Athens' offices on Thursday, May 1. Fuel Use—SCS reviewed monthly data on fuel use from January through December 2007. Fuel use data was presented for each expense type, including frontloaders, scout service, roll-offs, MRF/Transfer Station(MRF/TS), Indirect(support vehicles) and route trucks. For MRF/FS fuel use, Athens calculated the percent of the City's MRF tonnage as a portion of the total tons handled at the MRF/TS, and allocated that percentage to MRF/TS fuel use. For roll-off loads, Athens determined the percent of the City's roll-off loads as a portion of Athens total roll off loads, and allocated that percentage to fuel use. The sum of the monthly averages, 9,227 gallons, equaled the total monthly gallons used as indicated in the request for fuel cost adjustment. Fuel Costs— Data was provided to SCS on the fuel costs paid by Athens in April 2006 and March 2008. The data was provided in the form of receipts from the vendor who supplies fuel to Athens. For April 2006,the average cost for the month was verified at $2.82 per gallon. For March 2008, the actual fuel cost of$3.98 per gallon was verified from the invoice dated March 17, 2008, which was the latest invoice available at the time of Athens' request to the City. Offices Nationwide 3 Mr. Joseph Hsv May 7, 2008 Page 2 Consumer Price Index—The increase in CPI was calculated using Bureau of Labor Statistics actual data from April 2006 and estimated data from March 2008. At the time of the request, the actual March data was not available. The difference between the estimated and actual March 2008 data was 0.356, which is not considered significant. Monthlv Revenue—Monthly revenue from Athens' general ledger was provided to SCS for the period July through December 2007. This time period was used relative to 2007 fuel use. SCS verified the City's portion of the monthly revenue. SCS has verified all of the supporting documentation and the calculations utilized by Athens to determine the 1.94% fuel adjustment. SCS is satisfied the information is accurate and correct. If you have.any questions, or require any additional information, please do not hesitate to contact me at (562) 426-9544. Sincerely, Michelle P. Leonard Vice President SCS ENGINEERS cc Fran Delach, City Manager Cary Kalscheuer,Assistant to Director of Utilities Dennis Chiappetta, Executive Vice President; Athens Services Athens Services Fuel Azusa The 1.94%adjustment is calculated by determining our actual fuel costs in excess of allowable Consumer Price Index(CPI) increases. Our actual fuel cost in April 2006 was$2.82 per gallon. The CPI growth from April 2006 to March 2008 was 6.06%. By multiplying$2.82 by 6.06%,you come up with $2.99 per gallon,or the price per gallon per CPI growth. We actually paid $3.98 per gallon in March 2008, which is$0.99 per gallon in excess of allowable CPI. We use 9,227 gallons of fuel each month for Azusa. By multiplying 9,227 gallons by$0.99 per gallon, you come up with $9,127 in excess fuel costs,which is 1.94%of current monthly Azusa revenue. Total Monthly Gallons Used for Azusa: 9,227 Actual Diesel Price per Gallon Paid by Athens in Apr 2006: 2.82 CPI -Actual April 2006: 210.500 CPI - Estimated March 2008: 223.250 CPI - Percentage Growth: 6.06% Actual Diesel Price per Gallon Paid by Athens in Mar 2008: 3.98 Diesel Price per Gallon per CPI Growth in Mar 2008: 2.99 (2.82 x 106.06`/0) Difference: 0.99 Monthly Fuel Costs in Excess of CPI: 9,127 (0.99 x 9,227) Monthly Revenue: 470,221 Fuel Percentage Adjustment: 1.94% (9,127/470,221) CITY OF AZUSA STAFF ADJUSTMENTS Total Monthly Gallons.Used for Azusa 9,227 Actual Diesel Price Per Gallon Paid by Athens in July 2006 $ 2.82 CPI - Granted to Athens -July 1, 2007 3.489% CPI - Granted to Athens -July 1, 2008 3.920% 7.41% Adjusted Per Gallon Price Per CPI thru July 1, 2008 $ 3.03 Current Price Per Gallon $ 3.98 Incremental Amount Not Compensated by CPI $ 0.95 Gallons with MRF 9,227 Gallons Associated with MRF 1,895 per SCS Engineers Total Gallons subject to Adjustment 7,332 Dollars to be added to cover costs above CPI $ 6,973.22 Total Revenues $ 470,221.00 % of Total Revenues 1.48% Original Request $ 9,127.00 Savings Per Month Compared to Athens Request $ 2,153.78 Savings Per Year Compared to Athens Request $ 25,845.39 i AL v DRAFT - PRELIMINARY Monthly Trash Rate Comparison - Total Monthly Rates Different Services - Manual and Automated Programs Apr-08 Residential Commercial City Service Barrels 3 CY Bin/ 1 X Wk 1 Arcadia Automated $13.84 Open-Competitive 2 Walnut Automated $19.37 $103.30 3 Monterey Park Automated $21.03 $175.34 4 Covina Automated $22.89 $130.37 5 Diamond Bar Automated $23.15 $96.06 6 Azusa Manual '$23.52 $110.29 7 Azusa-LA Cty unincorp. Automated $23.84 No Info 8 Glendora Manual $24.09 $143.59 9 Baldwin Park Automated $24.52 $157.29 10 West Covina Automated $24.77 $154.92 11 San Dimas Automated $25.53 $134.94 12 Temple City Manual $26.07 $163.74 13 San Gabriel Automated $26.41 $156.75 'Azusa proposed fee with Fuel Cost Adjustment U .ate K� 4 PUBLIC HEARING ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES11 i�j�/ VIA: F.M. DELACH, CITY MANAGER;&, DATE: JUNE 16, 2008 / �• SUBJECT: URGENCY ORDINANCE AMENDING DIVISION 6 OF ARTICLE VI OF CHAPTER 78 OF THE AZUSA MUNICIPAL CODE REGARDING WATER CONSERVATION. RECOMMENDATION It is recommended that the City Council waive further reading and adopt by at least 4/5 vote Urgency Ordinance No. 08-07, amending Division 6 of Article VI of Chapter 78 of the Azusa Municipal Code regarding water conservation. EXECUTIVE SUMMARY This report provides background on what water conservation actions have been taken by the City's water Utility this last year and how much water has been conserved by consumers in recent months. Based on the City's experience this last year, staff prepared a proposed amendment to the City's municipal code sections governing mandatory water conservation. The proposed changes in Municipal Code Chapter 78 are summarized in this report. Given the Governor's Executive Order proclaiming a Statewide Drought on June 4, 2008, and existing water supply conditions that require constant monitoring and quick response time in order to preserve public health and safety, it is recommended that the City Council adopt attached ordinance amendment as an urgency ordinance which requires a 4/5 vote. BACKGROUND The City of Azusa has been one of the leading area cities when it comes to water conservation and started to impose mandatory conservation in May 2007 with a declared Phase I water shortage. In October 2007, the City Council adopted a revised Ordinance which clarified various provisions and improved the effectiveness of water shortage declarations. On November 1 , 2007, a Phase II water shortage was declared requiring a 10 percent mandatory reduction. And then on December 1, 2007, a Phase III shortage was declared, effectively requiring that water users reduce consumption by 20 percent. The Phase III declaration stayed in effect until April 1, 2008, and consumer responses generally exceeded expectations. From November 2007 through April 2008, Consumers conserved 2,283 acre feet of water. This is equivalent to about 744 million gallons of water and would have cost consumers about $800,000 if the Utility would have had to purchase this water, assuming it was available. Following shows the per month water reduction accomplished by consumers during the effective period of the phased water shortage declarations compared to same month in prior year: Hundred Cubic Feet(CCF) Month 2006/07 2007/08 Reduction CCF Reduced November 818,074 718,979 12.11% 99,095 December 791,169 617,742 21.92% 173,427 January 766,063 531,796 30.58% 234,267 February 587,036 442,319 24.65% 144,717 March 658,774 430,222 34.69% 228,552 April 717,097 602,333 16.00% 114,764 Total CCF Reduced 994,822 Total Acre Feet Reduced: 2,283 Through implementation of the existing water conservation ordinance, it became apparent that some aspects of the municipal code could be improved and so an amended and restated ordinance has been prepared, which is attached and incorporates the following changes: I . The justification for declaring a phased water shortage now includes the following factors: rainfall, time of year, runoff into Morris and San Gabriel dams, Safe Yield asset by the San Gabriel Wastermaster, Basin water levels, State Water Project allocations, and disasters that might affect our water production and storage infrastructure. These factors better reflect the dynamics of water supply and demand than those factors in the existing ordinance and the proposed ordinance requires the director of utilities to communicate the basis for any phased water shortage announcement to the city manager and city council prior to formal public declaration. 2. Requirements on individual customers to reduce consumption by a certain percentage were removed from the ordinance, along with the drought charge of up to 50% of the water utility bill for not reaching the requirement. 3. The new ordinance would authorize the director of utilities to formulate a drought charge which would be activated by:(I) declaration of a phase 11, 111 or IV water shortage; and (2) customers consuming too much water—beyond a certain threshold. This method of applying a drought charge avoids billing period comparisons necessary to determine consumption reduction and can be implemented automatically through the Utility billing S system based on a customer's water usage. The drought charge would be part of the water shortage declaration and would go into effect the first day of the month following publication of the declaration. Limits are set on the drought charge so that the per hundred cubic feet (CCF) amount cannot exceed 100% of the highest tier per CCF rate in effect at the time the phased water shortage is declared. The drought charge would be billed separately from other rates and proceeds from the drought charges would be deposited into a separate revenue account to defray costs related to conservation program implementation. 4. A new water shortage Phase II was added to allow outdoor watering 3 days per week, instead of 2 days. The new Phase II "targets" a 10% reduction in water consumption and authorizes the director of utilities to formulate and apply a drought charge per CCF to induce water conservation consistent with the water reduction target as described above under number 3. 5. The old Phase 11 and III were renumbered to phases III and IV, respectively. Phases 111 and IV target a 20% and 30% reduction in consumption, respectively. Phase III restricts watering to 2 days per week, and Phase IV restricts watering to I day per week. Residential water customers may water certain days depending on street numbers between hours of 6 p.m. and 6 a.m. of the following day. Commercial and public agency water customers may water from 6 p.m. to 10:00 a.m. the next day. The director of utilities is authorized to formulate and apply drought charges as described above under point number 3 to induce conservation consistent with the reduction targets for each phase. 6. Targeted reductions in each phase are to be accomplished by consumer implementation of specified water conservation measures, which include those listed in section 78-504 of the ordinance under Phase I (see pages 3 and 4 of attachment). Language used to describe the Phase I water conservation measures was improved to simplify and clarify the meaning of certain requirements so that they can be more easily converted to public education materials and enforced. FISCAL IMPACT The fiscal impact due to water conservation cannot be.easily ascertained. While water conservation generally has the ameliorating effect of reducing the purchase of expensive water resources, it also reduces the retail water revenues. Based on the limited empirical data in the past several months of water conservation by our customers, the reduction in revenues could be substantial and will require close monitoring and/or adjustment. Prepared by: Joseph F. Hsu, Director of Utilities Bob Tang, Assistant Director - Resources Management Karen Vanca, Assistant Director - Customer Care and Solutions Chet Anderson, Assistant Director -Water Operations Cary Kalscheuer, Assistant to the Director of Utilities ORDINANCE NO. 08-06 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING DIVISION 6 OF ARTICLE VI OF CHAPTER 78 OF THE AZUSA MUNICIPAL CODE REGARDING WATER CONSERVATION. WHEREAS, from time to time the drought in the State of California has resulted in reduced water supply to the San Gabriel Valley; and WHEREAS, the water supply from outside sources such as the Bay-Delta Region of California, the Eastern Sierras,' and Colorado River has become uncertain and not reliable; and WHEREAS, on June 4, 2008, the Governor of the State of California issued Executive Order S-06-08 proclaiming a statewide drought due to a combination of worsening water supply conditions that could cause severe hardship to the economy and physical wellbeing of residents, including those within the service area of the City of Azusa's water utility; and WHEREAS, in order to meet the water needs of residents and businesses in the water utility's service territory and protect the public from potential health hazards, the City must impose more stringent water conservation by customers and recover the cost for such conservation programs; and WHEREAS, the City Council desires to adopt the provisions of the Azusa Municipal Code as amended by this Urgency Ordinance, which are intended to reduce the risk to public health; and WHEREAS, it is necessary for the amendments to the Azusa Municipal Code, as provided herein, to take effect immediately so that the City of Azusa and its water utility can impose stricter sanctions, including penalties, on water users who do not conserve water in accordance with the requirements of this ordinance; and WHEREAS, immediate amendment of the provisions pertaining to the drought, asset forth in this Urgency Ordinance, will be in the interest of the public health, safety and general welfare of the public and will help to diminish the risk of personal injury of Azusa residents in the event of a water outage; and WHEREAS, California Government Code section 36937 empowers cities to adopt, by a-four-fifths vote, an urgency ordinance which is necessary for the immediate preservation of the public peace, health or safety; and WHEREAS, the City Council has determined that the adoption of this Ordinance is necessary for the immediate preservation of the public peace, health and safety to reduce the risk of personal injuries related to the lack of water supply to the region. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 : Urgency Findings. The City Council of the City of Azusa hereby adopts the recitals set forth in the introduction to this Urgency Ordinance as findings to support adoption of the provisions contained herein. This Urgency Ordinance is enacted pursuant to Government Code, Sections 36934 and 36937 for the immediate preservation of the public peace, health and safety. SECTION 2: Division 6 of Article VI of Chapter 78 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "DIVISION 6. CONSERVATION PLAN Sec. 78-501 . Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commercial and public agency water user includes: (1) any water user or customer conducting business, either retail, commercial, or industrial; and (2) any water user that is a public or governmental entity, such as the state government, school district, community college, the county, city or municipal government, or special district. Excess runoffineans water accumulation on streets, gutters, neighboring properties or other surfaces in an amount sufficient to cause Flow. New development means any addition, extension, conversion or enlargement of an existing structure or any new construction requiring a building permit. Residential water user means water customers that pay for water service to their individual residential dwelling unit and any water user that owns or manages residential property for rent or lease including homeowner associations. Upper basin means the underground aquifer located in the city of Azusa north of Sierra Madre. Water user means any person, customer or property served within the incorporated boundaries of the city and the area outside the city boundary served by the city water utility. Sec. 78-502. Applicability. This division shall apply to all water users. Sec. 78-503. Water user responsibility. Water users are deemed to have under control at all times their water distribution and facilities and to know the manner and extent of their water use and excess runoff. In multiple dwellings, the owner is the water user in control of the premises and is in control and responsible for the water usage. Sec. 78-504. Phase 1 water shortage. (a) A phase 1 water shortage may be declared by the director of utilities if any combination of events or factors threaten the adequacy of foreseeable water supply to consumers; qualifying factors to be considered in making a water shortage declaration include, but are not limited to, time of year, local rainfall, State Water Project Allocations, Safe Yield as determined by the San Gabriel Basin Watermaster, amount of runoff into the San Gabriel and Morris dams, ground water level in different basins, especially the upper basin, and any major operating emergencies or natural disasters that cause damage to the water supply or water distribution system. Prior to making a public announcement of a phase 1 water shortage, the director of utilities shall document the basis for the water shortage declaration and communicate this information to the city manager and city council. Under a declared Phase 1 water shortage, conservation measures listed in this section shall be implemented. No water user within the city and the service area of the city's water utility shall knowingly make, cause, use or permit the use of water for residential, commercial, industrial, agricultural or any other purpose in a manner contrary to this division or in any amount in excess of that use permitted by the conservation phases designated in this division. Mandatory water conservation measures shall be as follows: (1) No water user shall cause or permit excess runoff to occur from any hose, pipe, valve, faucet, sprinkler or irrigation device onto any sidewalk, street or gutter or to otherwise escape from the property if such flow or runoff can reasonably be prevented. (2) If a break or leak occurs within the water user's plumbing or private distribution system, the leak shall be repaired within 48 hours after the water user discovers the leak or after the water user is notified of the leak. (3) Commercial and noncommercial watering of grass, lawns,.ground cover, open ground, shrubbery, crops, gardens and trees, including agricultural irrigation, in a manner or to an extent which allows excess runoff from the area being watered shall not be permitted. Runoff which is a natural consequence of conservative watering, either by hand or mechanical sprinkling facilities, is permitted so long as such runoff is not excess runoff as defined in section 78- 501. (4) There shall be no lawn watering and landscape irrigation by residential water users between the hours of 6:00 a.m. and 6:00 p.m. on any day of the week. If a hand-held hose with a positive shutoff nozzle or drip irrigation system is used, watering may be done at any time. (5) There shall be no lawn watering and landscape irrigation by Commercial and public agency water users between 10:00 a.m. and 6:00 p.m. on any day of the week, except that there shall be no restriction of watering utilizing a hand held hose with a positive shutoff nozzle, drip irrigation system, or system which uses reclaimed or recycled wastewater. (6) There shall be no washing down of sidewalks, walkways, driveways, parking lots and all other paved surfaces, except to alleviate immediate health, fire or sanitation hazards. (7) Restaurants and food serving establishments shall only serve water to their customers upon request of each customer, and shall not operate a water hose without a positive shutoff nozzle. Restaurants and food serving establishments provided with public information by the city's water utility about a water shortage shall post the information so that it is made available to customers. (8) It is unlawful to remove, replace, alter or damage any water meter or any components thereof, including but not limited to the meter face, its dials or other water usage indicators and any flow-restricting device installed. (9) Water from fire hydrants shall not be used for any purpose other than to fight fires or for other activities where such use is immediately necessary to maintain the health, safety and welfare of the residents of the city and customers of the city water utility. (10) Schools, golf courses, governmental agencies, city parks and cemeteries, public or private, are required to reduce the amount of water used for irrigation purposes to levels sufficient to maintain plant life or public use thereof. Excessive use of irrigation systems for long periods of time is prohibited and may be determined by the frequency and duration of irrigation activity, water saturated or overly soft turfs, lawns, and soils, or pooling of water on turfs, lawns, or soils. Water users under this section may be required to submit a copy of a water conservation plan and landscape irrigation schedules. (1 1) Washing of motor vehicles, trailers, boats and other types of equipment shall be done only with a hand-held bucket or a hose equipped with a positive shutoff nozzle for quick rinse, except that washing may be done with reclaimed wastewater or by a commercial car wash using recycled water. No excess runoff shall result from such activities as defined in Sec. 78-501. (12) No water shall be used to clean, fill or maintain levels in decorative fountains, ponds, lakes or other similar aesthetic structures, unless such water is part of a recycling system. (13) The filling or replenishment of swimming pools shall be permitted, but the property owner will be liable for possible charges in the event a phase 11, III or phase IV drought is declared. (14) The owner and operator of every hotel, motel, inn, guest house and short-term commercial lodging shall post a notice of water shortage and any necessary compliance measures. (b) Azusa Light &Water shall publish the declaration of a Phase I water shortage in a local newspaper of general circulation. Sec. 78-505. Phase 11 water shortage. (a) A phase II water shortage,maybe declared by the director of utilities if any of the conditions in section 78-504(a) for a phase 1 water shortage are met, and it has been determined that there is need to reduce water consumption by up to ten percent (10%) based on available water supply and demand information. Prior to making a public announcement of a phase II water shortage, the director of utilities shall document the basis for the water shortage declaration and communicate this information to the city manager and city council. Under a declared phase 11 water shortage the following conservation measures shall be implemented: (1) Conservation measures listed in section 78-504 shall be in effect, except that the restrictions on watering lawns, landscapes and other turf areas shall be modified to limit watering by residential water users to 6:00 p.m. starting on Tuesdays, Thursdays and Sundays until 6:00 a.m. the following day for customers with a street address number ending in an even number (0,2,4,6 or 8), and to 6:00 p.m. starting on Mondays, Wednesdays and Saturdays until 6:00 a.m. of the following day for customers with a street address number ending in an odd number (1,3,5,7 or 9). If a hand-held hose with a positive shutoff nozzle or drip irrigation system is used, watering may be done at any time on the designated days. (2) Lawn watering and landscape irrigation by Commercial and public agency water users shall be limited to 6:00 p.m. starting on Mondays, Wednesdays and Fridays until 10:00 a.m. of the following day, except that there shall be no restriction of watering utilizing a hand held hose with a positive shutoff nozzle, drip irrigation system, or system which uses reclaimed or recycled wastewater. (3) If a phase 11 water shortage is declared, water users will be subject to the drought charge pursuant to Section 78-511(b). (b) Azusa Light &Water shall publish the declaration of a Phase 11 water shortage in a local newspaper of general circulation, including the drought charge and implementation date of the declaration. Sec. 78-506. Phase 111 water shortage. (a) A phase III water shortage may be declared by the director of utilities if any of the conditions in section 78-504(a) for a phase I water shortage are met, and it has been determined that there is need to reduce water consumption by up to twenty percent (20%) based on available water supply and demand information. Prior to making a public announcement of a phase 111 water shortage, the director of utilities shall document the basis for the water shortage declaration and communicate this information to the city manager and city council. Under a declared phase 111 water shortage the following conservation measures shall be implemented: (1) Conservation measures listed in section 78-504 shall be in effect, except that the restrictions on watering lawns, landscapes and other turf areas shall be modified to limit watering by residential water users to 6:00 p.m. starting on Thursdays and Sundays until 6:00 a.m. the following day for customers with a street address number ending in an even number (0,2,4,6 or 8), and to 6:00 p.m. starting on Wednesdays and Saturdays until 6:00 a.m. of the following day for customers with a street address number ending in an odd number (1,3,5,7 or 9). If a hand-held hose with a positive shutoff nozzle or drip irrigation system is used, watering may be done at any time on the designated days. (2) Lawn watering and landscape irrigation by Commercial and public agency water users shall be limited to 6:00 p.m. starting on Mondays and Fridays until 10:00 a.m. of the following day, except that there shall be no restriction of watering utilizing a hand held hose with a positive shutoff nozzle, drip irrigation system, or system which uses reclaimed or recycled wastewater. (3) if a phase III water shortage is declared, water users will be subject to a drought charge pursuant to Section 78-511 (b). (b) Azusa Light &Water shall publish the declaration of a Phase III water shortage in a local newspaper of general circulation, including the drought charge and implementation date of the declaration. Sec. 78-507. Phase IV shortages. (a) A phase IV water shortage may be declared by the director of utilities if any of the conditions in section 78-504(a) for a phase I water shortage are met, and it is determined that there is a need to reduce water consumption by up to thirty percent (30%), based on available water supply and demand information. Prior to making a public announcement of a phase IV water shortage, the director of utilities shall document the basis for the water shortage declaration and communicate this information to the city manager and city council. Under a declared phase IV water shortage the following conservation measures shall be implemented: (1) Conservation measures listed in section 78-504 shall be in effect, except that the restrictions on watering lawns, landscapes and other turf areas shall be modified to limit watering by residential water users to 6:00 p.m. starting on Sundays until 6:00 a.m. the following day for customers with a street address number ending in an even number (0,2,4,6 or 8), and to 6:00 p.m. starting on Saturdays until 6:00 a.m. of the following day for customers with a street address number ending in an odd number (1,3,5,7 or 9). If a hand-held hose with a positive shutoff nozzle or drip irrigation system is used, watering may be done at any time on the designated day. (2) Lawn watering and landscape irrigation by Commercial and public agency water users shall be limited to 6:00 p.m. starting on Mondays until 10:00 a.m. of the following day, except that there shall be no restriction of watering utilizing a hand held hose with a positive shutoff nozzle, drip irrigation system, or system which uses reclaimed or recycled wastewater. (3) If a phase IV water shortage is declared, water users will be subject to a drought charge pursuant to Section 78-511 (b). (b) Azusa Light &Water shall publish the declaration of a Phase IV water shortage in a local newspaper of general circulation, including the drought charge and implementation date of the declaration. Sec. 78-508. New development standards. (a) A condition for approval on all new residential construction is designed to balance the water demand of new construction with the potential water savings from existing housing units. Retrofit measures are intended to save water equivalent to the amount which would otherwise be purchased by the city at greater economic and environmental costs. (b) All new developments shall receive a water allocation based on the indoor water requirements of similar uses. Additional water allocations for landscaping purposes shall be given to development that has not been landscaped. New landscaping shall comply with all applicable sections of this division. (c) New residential development shall adequately offset its water requirements, for each proposed new housing unit, by an ultra-low Flow toilet of a maximum 1.6 gallons per flush, a faucet aerator of a maximum 2.2 gallons per minute, and a water-saving showerhead of a maximum 2.25 gallons per minute which meet title 24 requirements, American National Standards Institute standard Al 12.19.2 and this division, in a minimum of two existing single-family or three existing multiunit housing units or according to the following ratio table: TABLE INSET: Retrofit Requirement: Apartment Townhome/ Single-Family Condominium Home New Development- Apartment 3 3.5 2 Townhome/condominium 3.5 3 2 Single-family home 4 3.5 3 (d) Any new development for which a building permit has been obtained prior to November 1 , 2007, shall be exempt from this section. (e) If the director of utilities determines that actual retrofitting of existing homes is impractical or constitutes an unusual hardship on an applicant, the director may authorize the payment to the light and water department of an in-lieu retrofit fee equivalent to the cost of retrofitting existing homes with ultra-low flow toilets and other required water saving devices. The fee shall also include the cost of staff time to administer the retrofit program. The light and water department is authorized to require retrofitting and not accept in-lieu retrofit fees, regardless of hardship, if it appears unlikely the department or its authorized plumbing contractor can complete the retrofitting in the expected households. In-lieu fees must be paid upon issuance of a building permit so that sufficient time exists for the retrofits to be made prior to occupancy of new development. (f) The light and water department will determine the number of existing homes that will offset the water use of each new residential development and verify that the required retrofits have been completed prior to issuance of a certificate of occupancy. (g) Anyone requesting a building permit for the remodeling of or addition to an existing home must replace the existing toilets with ultra-low flow toilets if the value of the renovation is equal to 25 percent of the assessed valuation of the home. (h) New construction multiplex housing must meet the requirements for new development as stated in this section. (i) Nonresidential construction projects will have the water demand evaluated during the project review stage. If the project is identified as a major water user, the water demand shall be mitigated through offsite retrofitting or some other method determined to be appropriate. (j) All new construction by governmental and nonprofit agencies shall be exempt from retrofitting. (k) Construction of new housing units that have been restricted for occupancy by low-income residents under agreement with the city or the city redevelopment agency shall be exempt from retrofitting. A low-income housing project is defined as one which either sells or rents to households whose gross annual income is less than 80 percent of the median income for the county, adjusted for household size. The low-income housing unit must be restricted to occupancy for low-income households for a minimum period of ten years. (1) Construction of new housing units that have been restricted for occupancy for a senior citizen housing community under agreement with the city or the city redevelopment agency shall be exempt from retrofitting. A senior citizen housing community must be restricted to selling or renting to senior citizens for a minimum period of ten years. (m) With the approval of the director of utilities, developers may retrofit school, nonprofit and government buildings to meet their retrofit requirements. (n) Anyone with adjudicated water rights which are dedicated to the city may use such water to partially offset the city's need to acquire water for the new development. The formula to determine the retrofit requirements in such cases shall be as follows: For every acre-foot of water rights dedicated, developers will be allowed the equivalent of two existing single-family homes to be exempted from.the retrofit requirement. For additional homes which exceed this formula, the standard retrofit formula shall be followed to determine the required number of retrofits. (o) The fee for an application for a plumbing permit shall be waived for retrofits associated with the retrofit program. (p) The city shall withhold building permits, certificates of occupancy and water connections to any developer pending compliance with this section. Sec. 78-509. Reserved. Sec. 78-510. Request for relief from compliance. (a) A water user may file a written request for relief from compliance with the various programmatic water use restrictions of this division to the director of utilities. The director of utilities may delegate his duties and responsibilities for review of "Relief Requests" under this section as appropriate. (b) The Relief Request may include a request that the water user be relieved, in whole or in part, from the water use restrictions included in sections 78- 504(a)(1-14), 78-505(a)(1)(2), 78-506(a)(1)(2) and 78-507(a)(1)(2). Awater user may not apply for relief from the drought charges in section 78-511 (b). (c) The Relief Request may include various justifications for exemption, including but not limited to the following: (1) Whether any additional reduction in water consumption will result in unemployment or significant loss of income from commercial or industrial activities; (2) Water uses during new construction; (3) Adjustments to water use caused by emergency health or safety hazards; (4) Water use necessary for reasons related to family illness or health. (d) In order to be considered, a water user must submit a written request for relief including the justification for such relief to the director of utilities within 20 days from the date of the publicized drought phase notice. No relief shall be granted unless the water user shows that the maximum practical reduction in water consumption has been achieved by the water user. No relief shall be granted to any water user who, when requested by the director of utilities, fails to provide any information necessary for resolution of the water user's Relief Request. The decision to issue relief or exemption from certain rules or requirements shall be issued within 15 days and provided in writing to the water user. (e) The decision may be appealed as set out in section 78-512(c). Sec. 78-511. Notices, citations, penalties, charges, and service termination. (a) Any employee of the city's water utility, police department, or code enforcement office, or other city employees as designated by the city council, city manager or director of utilities, may issue citations for violations of this division. Water users as defined in section 78-501 shall be presumed to be the violator. The city will impose the following penalties on violators of this division: (1) If the director of utilities has declared a Phase 1 water shortage pursuant to section 78-504, first-time violators, shall be provided with a courtesy notice of the violation. Upon second and subsequent violations, the violator shall receive a citation and fine pursuant to section 78-511(a)(2). (2) If the director of utilities has declared a Phase II, Phase III or Phase N water shortage pursuant to sections 78-505(a), 78-506(a) or 78-507(a), respectively, violators shall receive a citation and fine as specified below on a form that describes the nature of the violation, the municipal code section violated, the date on which it occurred and the corrective measures to be taken: a. Residential Water Users L For the first violation, $50.00. ii. For the second violation, $100.00. A second violation is an infraction. iii. For the third violation, $200.00, along with the installation of a flow restrictor at the customer's expense. A third violation constitutes a misdemeanor. iv. For a fourth violation, $200, plus termination of water service. The water user shall also pay all utility service fees and reconnection charges in effect at the time of service termination in order to restore water service. b. Commercial and Public Agency Water Users L For the first violation, $100.00. ii. For the second violation, $300.00. A second violation is an infraction. iii. For the third violation, $600.00, along with the installation of a flow restrictor at the customer's expense. A third violation constitutes a misdemeanor. iv. For a fourth violation, $600, plus termination of water service. The water user shall also pay all outstanding utility service fees and reconnection charges in effect at the time of service termination in order to restore water service. (b) During adeclared Phase II111 orIV water shortagetlae cit ywill `impose a dr ohcharge ;per-C E(hundfed cubicwfeet), in;excess of,a tertain,threshoid, for each Ovatera7iortage I,fi ey Said threshold for each water shortage Phase shall be established by the director of utilities, at the time the drought charge is imposed. The threshold for each water shortage Phase will be established by taking into account the following factors: (1) declared water shortage Phase; (2) amount of water conserved by water users; (3) month of year and seasonal variations in water demand by different types of water users; (4) average water consumption by customer class as determined by meter size; (5) ; ; and (6) tiered rate thresholds of existing Water Rate Schedule B in effect at the time a water shortage Phase is declared. The rate per CCF (hundred cubic feet) for said drought charge shall be calculated in an amount in order to defray the following costs and expenses of implementing the conservation plan/program: (1) cost to provide public with notices and ongoing public education about the drought and water supply issues; (2) cost of equipment and staff time to administer and enforce water conservation measures of this Division; (3) costs associated with utility billing software modifications and bill presentment to manage the drought charges applied through this Division; (4) cost of water conservation programs which provide fixtures, devices, materials, equipment, or monetary incentives to water users to reduce water consumption. The amounts of said costs shall be determined at the time the drought charge is to be imposed. The following is an example of how the rate shall be calculated taking into account the above- mentioned costs and expenses: Total l�#rcipa�ted Conseratrb_N Program Costs to Implement Water Shortage Phase (1) cost to provide public with notices and ongoing public education about the drought and water supply issues = $ 50.000 (2) cost of equipment and staff time to administer and enforce water conservation measures of this Division = $ 50.000 (3) costs associated with utility billing software modifications and bill presentment to manage the drought charges applied through this Division = $ 50.000 (4) cost of water conservation programs which provide fixtures, devices, materials, equipment, or monetary incentives to water users to reduce water consumption = $ 150.000 Total = $ 300.000 Divided by TotalAnt�cipatgd Retail�VJater�Consumptio- fi (in CCF) that is in Excess of the Threshold Established for the Applicable Water Shortage Phase = 250.000 ccf abovreshold of 40 ccf _ $1 .2 Per CCF Drought Charge The per CCF drought charge shall not exceed 100% of the highest tier rate of all retail water service rates (Water Rate Schedule B) per CCF, which is, in effect at the time a water shortage Phase is declared. Prior to applying any drought charge pursuant to this section, the director of utilities shall document the basis for the drought charge and the threshold level and communicate this information to the city manager and city council. Any drought charge imposed pursuant to this section shall be effective on the first of the month following publication of a water shortage declaration Phase. Drought charges shall be applied as a separate and distinct charge through the utility billing system and shall be paid to Azusa Light &Water and deposited into the water enterprise fund under a separate drought charge revenue account to be used solely to defray the costs associated with implementation of the conservation plan/program set forth in this Division through conservation activities referenced in this section. (c) Failure to pay any of the penalties or charges imposed through this Division may subject the water user or customer to termination of water service. If water service is terminated pursuant to this division, the department of utilities will not restore water service until the director of utilities has determined that the customer has provided reasonable assurances that future violations of this division will not occur and that any unpaid penalties resulting from citations and any outstanding utility billing amounts and fines have been paid in full. Sec. 78-512. Hearing regarding violations. (a) Any water user receiving notice of a second or subsequent violation of this division shall have a right to a hearing by the director of utilities. (b) The water user's written request for a hearing must be received within ten (10) days of the issuance of the notice of violation. This request shall stay installation of a flow-restricting device on the water user's premises and the imposition of any fines until the director of utilities renders his decision. Director's decision shall be issued within 15 days after the hearing, and a copy shall be provided to the water user. (c) The decision of the director of utilities may be appealed to the city manager by the water user filing with the city manager a written request for appeal within 15 days of receipt of the decision. Filing of such a request stays imposition of any fines or installation of flow restrictor. (d) The appeal hearing will be scheduled to occur within a reasonable period of time following filing of the appeal. No formal rules of evidence apply. All evidence customarily relied upon by reasonable persons in the conduct of serious business affairs will be allowed, and the water user may present any such evidence which shows the alleged wasteful water use has not occurred. The decision of the city manager will be given in writing to the water user within 15 days after the appeal hearing, and that decision shall be final. Sec. 78-513. Additional measures. The city council may order implementation of water conservation measures in addition to those set forth in sections 78-504, 78-505, 78-506 and 78-507. Such additional water conservation measures shall be implemented by resolution published one time in a daily newspaper of general circulation covering the service area of the city water utility. Any prohibitions on the use of water shall become effective immediately upon such publication. Sec. 78-514. Effect on public health and safety. Nothing in this division shall be construed to require the director of utilities to curtail the supply of water to any water user when such water is required by that customer to maintain an adequate level of public health and safety. The rights of the city under this division shall be in addition to any other rights of the city under any other applicable laws. Sec. 78-515. Rules and Regulations. Sections 78-501 to 78-514 shall be considered part of the rules and regulations for water service for areas served by the city outside the city limits, and any failure to comply may be dealt with pursuant to this division and any other rules and regulations of the city's water utility. Secs. 78-516--78-530. Reserved. SECTION 3: The passage of this Urgency Ordinance is necessary in order to preserve the public peace, health and safety for the reasons set forth in the Recitals above. SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Urgency Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or.ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Urgency Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective. SECTION 5: This Urgency Ordinance shall take effect immediately upon its adoption. SECTION 6: This Urgency Ordinance is enacted pursuant to Government Code sections 36934 and 36937 for the immediate preservation of the public peace, health and safety. SECTION 7: The City Clerk shall certify the adoption of this Urgency Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 16th day of June, 2008. Joseph R. Rocha Mayor Attest: Vera Mendoza City Clerk Approved as to Form: Sonia Carvalho City Attorney 4,OE'g2G U U .. . c74Foar`* AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ONAL MCNAMARA, ASSISTANT DIRECTOR OF COMMUNITY C#"DEVELOPMENT VIA: F.M. DELACH, CITY MANAGERU✓ DATE: JUNE 16, 2008 SUBJECT: APPEAL OF DESIGN REVIEW DR 2007-69 AND VARIANCE V 2008-09 PLANNING COMMISSION DENIAL TO ALLOW THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH REDUCED SIDE SETBACKS. RECOMMENDATION It is recommended that the City Council review the attached appeal documentation and either uphold the Planning Commission's decision to deny the requested Variance (V 2007-09) and Design Review (DR 2007-69), or reverse the Planning Commission's findings and approve Variance V 2007-09 and Design Review DR 2007-69. BACKGROUND 1 . On December 12, 2007, California Coast Residential Design, applied for variance and design review applications to permit the construction of a new 2,449 square foot single family residence and a 400 square foot detached garage in the required side yard of the subject property at 514 N. Alameda Avenue. 2. On April 16, 2008 the Planning Commission continued DR 2007-69 and V 2007-09 after a 2-2 vote failed to resolve the matter. The staff report, staff recommended resolutions and meeting minutes are included as Exhibit B. 3. On April 30, 2008, the Planning Commission denied, by a 3-2 vote, Design Review DR 2007-69 and Variance V 2007-09. The resolutions and Planning Commission findings of fact denying the applications and meeting minutes are Exhibit C. 4. On May 19, 2008, the applicant appealed the Planning Commission's decision stating that the proposal is in compliance with the spirit and intent of the (CATempWgrpwl %CC-5tdMepmdm Development Code. The appeal documents are Exhibit D. ANALYSIS: Site Characteristics The subject site is flat and rectangular with 3,500 square feet of lot area. The lot dimensions are 25 feet wide and 140 feet deep. Lots within the immediate vicinity of the project site range in widths from 25 feet to 50 feet. A number of lots within the same block as the project site are 25 foot lots that have been joined with an adjacent lot to create a 50 foot wide lot that can better accommodate development. The minimum lot size for the NG2-Moderate zoning districts is 6,000 square feet, the subject site is 58% smaller than the required lot size. Project Description The applicant is proposing the construction of a 2,449 square foot two-story house with a detached 400 square foot garage at the rear of the lot, accessed off the adjacent alley. The requested setback variances will allow both the house and the garage to maximize their width on a very narrow lot. The setback encroachment for the garage is needed in order for the garage to meet the minimum 20 foot width needed to accommodate two vehicles. The house and detached garage are separated by 10'3". General Plan &Development Code Conformance 1 . Chapter 3: The Built Environment Goal No. I of the General Plan Policy 1 .1 calls for providing a residential development to meet the needs of existing and future residents, and to establish the urban form of the neighborhood. 2. With an approval of the variance application, the project would meet all of the applicable requirements of the City's Development Code, as shown in the Development Code Conformance Table that follows: DEVELOPMENT CODE CONFORMANCE TABLE ZONINGCATEGORY .DPROJECT Permitted Use Single-family Residential New Single Family Residence and detached garage Max. Bldg. Height 2 '/z stories/35 feet (whichever 2 Story residence, 23'-6" tall, is lower) and single story garage Minimum Setbacks Front Yard 25 ft. 25 ft. Side Yard - Residence 5 ft. 3 ft. - Garage 3 ft. 2ft. Rear Yard 25 ft. Residence 25 ft. Residence (C:\T=p\XPgpwix\CC-SnaffRepon.Coc - CATEGORY ZONING CODE 5 ft. Garage 5 tt. garage Driveway Approach 20 ft. ma)dmum width 16 ft. width Parking Space Number: 2 parking spaces within a 2 car detached garage garage for dwelling unit with 5 or more bedrooms Building Design, Colors, and Materials The new single family residence reflects traditional style architecture with a stepped back second story, a front porch that spans the front of the residence and a detached garage accessed from the rear alley. The proposed front facade of the residence is red brick that wraps the sides of single story portion completely and wraps one foot beyond the second story portion of the building. The rear and sides of the house, and detached garage are finished.with stucco. The overall appearance is a traditional home that makes use of classic materials seen on older homes in the area. OPTIONS FOR CITY COUNCIL ACTION In light of this appeal, the City Council has various options with regard to action on this appeal. Possible actions could include but are not limited to: 1 . Overturn the Planning Commissions decision and: a. Adopt the attached resolution approving Variance No. V 2007-09 based on the findings of fact and subject to the conditions of approval listed in the attached Exhibit A; and b. Adopt the attached resolution approving Design Review No. DR 2007-69 based on the findings of fact and subject to the conditions of approval listed in the attached Exhibit A. 2. Affirm the Planning Commission's decision: a. Adopt the attached resolution denying Variance No. V 2007-09 based on the findings of fact; and b. Adopt the attached resolution denying Design Review No. DR 2007-69 based on the findings of fact. 3. Remand the project back to the Planning Commission for further consideration in light of any additional information received. CONCLUSION Staff is requesting Council as the body designated to hear appeals of Planning (CATe.pWgpM6e\CC-StaffR pw.d.c Commission actions, review the provided information and determine if the Planning Commission's denial should be upheld or if the project should be approved. Pendingthe Council's decision, resolutions for both denial and approval and the required findings of fact are attached. Exhibits Exhibit A- Resolutions approving V 2007-09 and DR 2007-69 Exhibit B — April 16, 2008 Planning Commission meeting staff report, resolutions and meeting minutes. Exhibit C — April 30, 2008 Planning Commission findings of fact, resolutions, and meeting minutes. (C:\TempW,g MselCC-StaffR n.do - Exhibit A RESOLUTION No. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING DESIGN REVIEW DR-2007-69.A REQUEST TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE AND DETACHED GARAGE LOCATED AT 514 N. ALAMEDA AVENUE WHEREAS, the City Council of the City of Azusa, has given notice thereof as required by law, held a public hearing on the appeal of a denied application for David Kim with respect to the requested Design Review DR-2007-69 to construct a new 2,449 square foot single family residence and detached 400 square foot garage at 514 N. Alameda Avenue, and WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That in accordance with Section 88.51.032 of the Azusa Municipal Code,the City Council hereby denies said Design Review DR-2007-40 based on the following findings: 1. Provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community: The design, massing and scale of the single family residence and detached garage are not compatible with the surrounding community. 2. Provides attractive and desirable site layout and design, including, but not limited to, building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc..- The tc.:The design of the new home does not provide the most functional layout and design feasible for the long narrow lot. 3. Complies with all applicable requirements of this Development Code, and any other adopted City design standards, guidelines, and policies: Without a Variance the proposed new single family residence does not meet the required side yard setback standards. SECTION 2: Based on the aforementioned findings, the City Council does hereby deny Design Review DR-2007-69 for the property located at: 514 N. Alameda Avenue. Resolution No. 2008- DR-2007-69 June 16, 2008 Page 2 of 2 SECTION 3: The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 16`h day of June, 2008. MAYOR I hereby certify that the foregoing is a true copy of a resolution adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 16`h day of June,2008,by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: CITY CLERK RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING VARIANCE V-2007-09. A REQUEST TO ALLOW THE ENCROACHMENT OF A SINGLE FAMILY RESIDENCE AND DETACHED GARAGE INTO THE REQUIRED SIDE YARD SETBACKS. WHEREAS,the City Council of the City of Azusa, has given notice thereof as required by law, held a public hearing on the appeal of a denied application for David Kim with respect to the requested Variance V-2007-09 to allow a single family residence and detached garage to encroach into the required side yard setbacks two (2) and one (1)foot respectively at the property located at 514 N. Alameda Avenue WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That in accordance with Section 88.51.070 of the Azusa Municipal Code,the Planning Commission hereby denies said Variance V-2007-09 based on the following finding: 1. The approval of the Variance would not include conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district. Approval of the proposed new residence and detached garage for the subject property would constitute a special privilege because all new homes are required to meet the required 5 foot side setback and permitting the subject lot to have reduced side setbacks would be inconsistent with the requirements set for the construction of new homes within the same zoning district. The new single family residence would adversely affect,and could it be materially detrimental to adjacent residential uses of the neighborhood due to the proposed residences reduced side setbacks and the close proximity of adjacent residences. SECTION 2: Based on the aforementioned findings,the Planning Commission does hereby deny Variance V-2007-09 for the property located at: 514 N. Alameda Avenue. SECTION 3: The Secretary shall certify to the adoption of this resolution. Variance Resolution No. V-2007-09 June 16, 2008 Page 2 of 2 ADOPTED AND APPROVED the 16`h day of June, 2008. Mayor I hereby certify that the foregoing is a true copy of a resolution adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 30`h day of April,2008,by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: CITY CLERK Page 2 of 2 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING DESIGN REVIEW DR-2007-69.A REQUEST TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE AND DETACHED GARAGE LOCATED AT 514 N. ALAMEDA AVENUE WHEREAS, the City Council of the City of Azusa, has given notice thereof as required by law, held a public hearing on the appeal of a denied application for David Kim with respect to the requested Design Review DR-2007-69 to construct a new 2,449 square foot single family residence and detached 400 square foot garage at 514 N. Alameda Avenue, and WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That in accordance with Section 88.51.032 of the Azusa Municipal Code,the City Council hereby approves said Design Review DR-2007-40 based on the following findings: 1. Provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community: The design, massing and scale of the single family residence and detached garage is appropriate to the zone and is compatible with the surrounding community. Many of the other residential projects in the area have reduced side setbacks with the same mass and scale proposed for this home. 2. Provides attractive and desirable site layout and design, including,but not limited to,building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.: The design of the new home provides the most functional layout and design feasible for the long narrow lot. The exterior appearance makes use of traditional materials seen on older homes in the area, maintaining the appearance of an established community. 3. Provides efficient and safe public access, circulation and parking: The existing street access to the residential lot has not changed and continues to be efficient and safe. 4. Is consistent with the General Plan, any applicable specific plan;development agreement, and/or any previously approved planning permit: Chapter 3: The Built Environment Goal No. I of the General Plan, Policy 1.1 calls for providing a residential development to meet the needs of existing and future residents, and to Resolution No.2008- DR-2007-69 June 16, 2008 Page 2 of 2 establish the urban form of the neighborhood. The proposed new residence is consistent with this goal. There are no specific plans applicable to the proposed variance. 5. Complies with all applicable requirements of this Development Code, and any other adopted City design standards, guidelines, and policies: With the exception of the side yard setback areas, for which the variance request is being made, the new single family residence and detached garage is in conformance with the City's Development Code. With approval of the Variance, the project will meet all of the applicable provisions of the Development Code as shown in the Zoning Code Conformance Table in the staff report. SECTION 2: Based on the aforementioned findings,the City Council does hereby approve Design Review DR-2007-69 for the property located at: 514 N. Alameda Avenue. SECTION 3: The City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 16`h day of June, 2008. MAYOR I hereby certify that the foregoing is a true copy of a resolution adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 10h day of June,2008,by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: CITY CLERK RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING VARIANCE V-2007-09. A REQUEST TO ALLOW THE ENCROACHMENT OF A SINGLE FAMILY RESIDENCE AND DETACHED GARAGE INTO THE REQUIRED SIDE YARD SETBACKS. WHEREAS,the City Council of the City of Azusa, has given notice thereof as required by law, held a public hearing on the appeal of a denied application for David Kim with respect to the requested Variance V-2007-09 to allow a single family residence and detached garage to encroach into the required side yard setbacks two (2) and one (1)foot respectively at the property located at 514 N. Alameda Avenue WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That in accordance with Section 88.51.070 of the Azusa Municipal Code,the City Council hereby approves said Variance V-2007-09 based on the following findings: 1. There are special circumstances applicable to the property, including size,shape, topography, location or surroundings,so that the strict application of this Development Code deprives the property of privileges enjoyed by other properties in the vicinity and within the same zoning district. There ate special circumstances applicable to the property regarding the shape of the property so that strict application of the Azusa Development Code deprives the property of privileges enjoyed by other properties within the vicinity and within the same zoning district. The subject property has a minimal lot width, limiting the ability to develop the site with a structure more that one room wide. Meeting the required side setbacks for the main residence and detached garage would result in a residence no wider than 15 feet and a garage no wider than 19 feet. The proposed residence meets the front and rear yard setbacks, and makes use of the alley located to the rear of the site for access to parking, as encouraged for new development in this transitional zone. Approval of the variance would allow the applicant to maximize the width of the residence and garage and use the property in a fashion that is enjoyed or possible for most of the other properties in the neighborhood. Strict adherence to the Azusa Development Code,specifically the 5 and 3 foot side yard setback requirements, would deprive the owner of utilizing the property in a way that is used by most other properties in the vicinity. 2. The approval of the Variance includes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district. Approval of the proposed new residence and detached garage for the subject property does not constitute a special privilege since most homes in the neighborhood are located on larger lots or Variance Resolution No. V-2007-09 June 16,2008 Page 2 of 2 encroach into side yard setbacks. The attached Conditions of Approval ensure that the variance does not create negative impacts to the subject property or to the neighborhood. The new single family residence and detached garage will adhere to all of the development standards for the zone, with the exception that the proposed residence will provide a 3 foot side setback and the detached garage a 2 foot side setback. The new single family residence would not adversely affect, nor could it be materially detrimental to adjacent residential uses of the neighborhood since the proposed residence adheres to the zone's front and rear setback requirements and the construction of new house at this location will enhance property values. 3. The Variance is consistent with the General Plan and any applicable specific plan. Chapter 3:The Built Environment Goal No. 1 of the General Plan,Policy 1.1 calls for providing a residential development to meet the needs of existing and future residents,and to establish the urban form of the neighborhood. The proposed new residence is consistent with this goal. There are no specific plans applicable to the proposed variance. SECTION 2: Based on the aforementioned findings,the City Council does hereby approve Variance V-2007-09 for the property located at: 514 N. Alameda Avenue. SECTION 3: The City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 16`h day of June, 2008. MAYOR I hereby certify that the foregoing is a true copy of a resolution adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 16`"day of June, 2008, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: CITY CLERK Page 2 of 2 Exhibit B U =cgcrrosn"T ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT REPORT TO THE PLANNING COMMISSION AGENDA ITEM DATE: April 16, 2008 CASE NO(s): Major Variance V-2007-09 &Design Review DR -2007-69 APPLICANT California Coast Residential Design representing (OWNER): David Kim LOCATION: 514 N. Alameda Avenue APN: 8611-009-024 REQUEST: Approval of a Variance and Design Review to allow for the encroachment of the residence 2 feet into the required side yard providing a three (3) foot setback, and the encroachment of the detached garage one (1) foot into the required side yard leaving a two (2) foot setback. ADJACENT LAND USES AND ZONING: LAND USE: ZONING: SITE: Single-family Dwelling NG2 (Neighborhood General 2) Moderate Density Residential 15-27 density units per NORTH: Single Family Dwelling NG2 (Neighborhood General 2) Moderate Density Residential 15-27 density units per acre SOUTH: Single Family Dwelling NG2 (Neighborhood General 2) Moderate Density Residential 15-27 density units per acre EAST: Single Family Dwelling NG2 (Neighborhood General 3) Medium Density Residential 7-l 5 density units per acre WEST: Single Family Dwelling NG2 (Neighborhood General 2) Moderate Density Residential 15-27 density units per acre GENERAL PLAN DESIGNATION: Low Density Residential REDEVELOPMENT PROSECT AREA: YES: _ NO: X ENVIRONMENTAL DETERMINATION: X Categorical exemption _ Negative declaration Environmental impact report RECOMMENDATION: V 2007-09 &DR 2007-69 April 16, 2008 Page 2 of 7 Based on substantial compliance with all provisions of the Development Code, and the Variance and Design Review Findings of Fact; and conformance with the General Plan and CEQA guidelines, staff recommends that the Planning Commission: 1. Adopt the attached resolution approving Variance No. V 2007-09 based on the findings of fact and subject to the conditions of approval listed in the attached Exhibit A; and 2. Adopt the attached resolution approving Design Review No. DR 2007-69 based on the findings of fact and subject to the conditions of approval listed in the attached Exhibit A. FACTS: 1. On December 12th, 2007, the applicants, California Coast Residential Design applied for variance and design review applications to permit the construction of a new 2,449 square foot single family residence and a 400 square foot detached garage in the required side yard of the subject property at 514 N. Alameda Avenue. 2. The existing home located on the site will be demolished due to its state of disrepair. The block wall located on the north property wall will remain in place. 3. Section 88.22.070.C.3—Design Standards, of the Development Code, requires a side setback of five (5) feet for buildings and a side setback of three (3) feet for garages and parking accommodations. 4. The subject property is located in the NG2-Moderate zoning district. The rectangular property has a lot size of 3,500 square feet, 2,500 square feet smaller than the required minimum lot size of 6,000 square feet, with a dimension of 25 foot wide by 140 foot deep. 5. On April 3, 2008, fifty-five (55) notices of public hearing were sent out to the property owners within three hundred feet (300') of the subject property. The mailing list includes the property owners of the properties directly adjacent to the subject property. As of April 10, 2008, there were no responses. 6. This project is Categorically Exempt under the California Environmental Quality Act, Section 15303.a. Class 3 — New Construction or Conversion of Small Structures. ANALYSIS: Site Characteristics The subject site is flat and rectangular with 3,500 square feet of lot area. The lot V 2007-09 &DR 2007-69 April 16, 2008 Page 3of7 dimensions are 25 feet wide and 140 feet deep. Lots within the immediate vicinity of the project site range in widths from 25 feet to 50 feet. A number of lots within the same block as the project site are 25 foot lots that have been joined with an adjacent lot to create a 50 foot wide lot that can better accommodate development. The minimum lot size for the NG2-Moderate zoning districts is 6,000 square feet, the subject site is 58% smaller than the required lot size. Project Description The applicant is proposing the construction of a 2,449 square foot two-story house with a detached 400 square foot garage at the rear of the lot, accessed off the adjacent alley. The requested setback variances will allow both the house and the garage to maximize their width on a very narrow lot. The setback encroachment for the garage is needed in order for the garage to meet the minimum 20 foot width needed to accommodate two vehicles. The house and detached garage are separated by 103". General Plan &Development Code Conformance I. Chapter 3: The Built Environment Goal No. I of the General Plan Policy 1 .1 calls for providing a residential development to meet the needs of existing and future residents, and to establish the urban form of the neighborhood. 2. With an approval of the variance application, the project would meet all of the applicable requirements of the City's Development Code, as shown in the Development Code Conformance Table that follows: DEVELOPMENT CODE CONFORMANCE TABLE CATEGORY ZONING CODE PROJECT Permitted Use Single-family Residential New Single Family Residence and detached garage Max. Bldg. Height 2 '/z stories/35 feet 2 Story residence, 23'-6" (whichever is lower) tall, and single story garage Minimum Setbacks Front Yard 25 ft. 25 ft. Side Yard - Residence 5 ft. 3 ft. - Garage 3 ft. 2ft. Rear Yard 25 ft. Residence 1 25 ft. Residence V 2007-09 &DR 2007-69 April 16, 2008 Page 4 of 7 CATEGORY ZONING CODE PROJECT 5 ft. Garage 5 ft. garage Driveway Approach 20 ft. maximum width 16 ft. width Panting Space Number: 2 parking spaces within a 2 car detached garage garage for dwelling unit with 5 or more bedrooms Building Design, Colors, and Materials 1 . The new single family residence reflects traditional style architecture with a stepped back second story, a front porch that spans the front of the residence and a detached garage accessed from the rear alley. The proposed front fagade of the residence is red brick that wraps the sides of single story portion completely and wraps one foot beyond the second story portion of the building. The rear and sides of the house, and detached garage are finished with stucco. The overall appearance is a traditional home that makes use of classic materials seen on older homes in the area. VARIANCE FINDINGS OF FACT: Pursuant to Section 88.51 .070 of the Azusa Zoning Ordinance, the following findings were made in support of the requested variance: 1. There are special circumstances applicable to the property,inciudingsize,shape, topography, location or surroundings, so that the strict application of this Development Code deprives the property of privileges enjoyed by other properties in the vicinity and within the same zoning district. There are special circumstances applicable to the property regarding the shape of the property so that strict application of the Azusa Development Code deprives the property of privileges enjoyed by other properties within the vicinity and within the same zoning district. The subject property has a minimal lot width, limiting the ability to develop the site with a structure more that one room wide. Meeting the required side setbacks for the main residence and detached garage would result in a residence no wider than 15 feet and a garage no wider than 19 feet. The proposed residence meets the front and rear yard setbacks, and makes use of the alley located to the rear of the site for access to parking, as encouraged for new development in this transitional zone. Approval of the variance would allow the applicant to maximize the width of the residence and garage and use the property in a fashion that is enjoyed or possible for most of the other properties in the neighborhood. V 2007-09 8.DR 2007-69 April 16, 2008 Page 5of7 Strict adherence to the Azusa Development Code, specifically the 5 and 3 foot side yard setback requirements, would deprive the owner of utilizing the property in a .way that is used by most other properties in the vicinity. 2. The approval of the Variance includes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district. . Approval of the proposed new residence and detached garage for the subject property does not constitute a special privilege since most homes in the neighborhood are located on larger lots or encroach into side yard setbacks. The attached Conditions of Approval ensure that the variance does not create negative impacts to the subject property or to the neighborhood. The new single family residence and detached garage will adhere to all of the development standards for the zone, with the exception that the proposed residence will provide a 3 foot side setback and the detached garage a 2 foot side setback. The new single family residence would not adversely affect, nor could it be materially detrimental to adjacent residential uses of the neighborhood since the proposed residence adheres to the zone's front and rear setback requirements and the construction of a new house at this location will enhance property value. 3. The Variance is consistent with the General Plan and any applicable specific plan. Chapter 3: The Built Environment Goal No. 1 of the General Plan Policy 1.1 calls for providing a residential development to meet the needs of existing and future residents, and to establish the urban form of the neighborhood. DESIGN REVIEW FINDINGS OF FACT: Pursuant to Section 88.51 .032 of the Azusa Zoning Ordinance, the following findings were made in support of the requested Design Review: 1. Provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community: The design, massing and scale of the single family residence and detached garage is appropriate to the zone and is compatible with the surrounding community. Many of the other residential projects in the area have reduced side setbacks with the same mass and scale proposed for this home. V 2007-09 &DR 2007-69 April 16, 2008 Page G of 7 Z. Provides attractive and desirable site layout and design, including but not limited to,buildingarrangement, exteriorappearanceandsetbacks, drainage,fences and walls, grading landscaping, lighting sites, etc.: The design of the new home provides the most functional layout and design feasible for the long narrow lot. The exterior appearance makes use of traditional materials seen on older homes in the area, maintaining the appearance of an established community. 3. Provides efficient and safe public access, circulation and parking.• The existing street access to the residential lot has not changed and continues to be efficient and safe. 4. /s consistent with the General Plan, any applicable specific plan, development agreement, and/or any previously approved planning permit: Chapter 3: The Built Environment Goal No. I of the General Plan, Policy 1 .1 calls for providing a residential development to meet the needs of existing and future residents, and to establish the urban form of the neighborhood. The proposed new residence is consistent with this goal. There are no specific plans applicable to the proposed variance. 5. Complies with all applicable requirements of this Development Code, and any other adopted City design standards,guidelines, and policies: With the exception of the side yard setback areas, for which the variance request is being made, the new single family residence and detached garage is in conformance with the City's Development Code. With approval of the Variance, the project will meet all of the applicable provisions of the Development Code as shown in the Zoning Code Conformance Table in the staff report. CONCLUSION: Staff has analyzed the proposal and concludes that it merits approval subject to the conditions of approval, standard requirements, and mitigation measures recommended. RESPECTFULLY SUBMITTED: Katherine Laufenburger, Contract Senior Planner V 2007-09 &DR 2007-69 April 16, 2008 Page 7 of 7 Attachments: Exhibit A - Conditions of Approval Exhibit B - Vicinity Map Exhibit C - Site Plan Exhibit D - Draft Resolutions Exhibit "A" Draft Conditions of Approval—Planning Commission—April 16,2008 Case No: V 2007-06 and DR 2007-69 Address: 514 N. Alameda Avenue A.P.N.: 8611-009-024 Proiect: Variance and Design Review to permit the construction of a new single family residence and detached garage in the required side yard. This application is for the encroachment of the residence 2 feet into the required side yard providing a three(3)foot setback,and the encroachment ofthe detached garage one(1)foot into the required side yard leaving a two 2 foot setback. These conditions of approval shall be printed on or attached to working drawings submitted to the Building Division for approval. A. All requirements of the Planning Division shall be met, including but not limited to the following: I. This variance and design review shall be exercised within one year after its approval,or said permit shall expire and be subject to revocation,unless an extension of time is approved in compliance with Section 88.52.040 of the Development Code.The permit shall not be deemed"exercised"until the applicant has obtained a building permit. 2. All applicable Building Division and Fire Department requirements shall be met at all times. 3. All construction and uses shall be in substantial conformance with the approved plot plan and elevations [as modified pursuant to the conditions listed herein]. 4. Parking of vehicles on areas other than paved surfaces or in garages is prohibited. 5. Landscaping shall be adequately maintained at all times including, but not limited to, irrigation,weeding,and/or replacement when necessary. 6. Three sets of Landscape and Irrigation plans shall be submitted to the Planning Division for review and approval. Said plans shall be 24" by 36"and in compliance with City of Azusa landscape design standards. Location and percentage of landscaping, plant material and quantities of each,plant and planter box sizes,and design of an automatic irrigation system with detailed cross-sections shall be clearly indicated. [Note:Do not submit these plans with building plan check. Plans must be submitted directly to the Planning Division. The applicant is made aware that the Parks Division will be routed two sets of plans.Please allow 2-3 weeks for review]. The number of parkway trees, if any, shall be determined by the Parks Division. 7. The premises shall be maintained in a clean and acceptable condition at all times. All buildings and walls shall be maintained in good repair at all times. Any offensive markings shall be removed immediately. Any graffiti shall be painted over within forty-eight (48) hours to match existing wall in color and tone. 8. Chain link fencing shall not be constructed in residential yard areas where visible from the public right of way. The existing chain link fence shall be removed. if a new fence is constructed it shall be no taller than 42 inches(42"). Wood fences are not allowed along the perimeter of the property line except for a fence 42"or less in height,located in the required front setback. 9. If it becomes necessary for the City to take any legal action or commence any administrative proceedings against the applicant or any successor in interest in order to enforce any of the C ATemp%XPgrpvvise%Exhibit-A.doc V 2007-06 6 DR 2007-69 April 16, 2005 Page 2 of 4 conditions of approval set forth herein,the City shall recover from the applicant or successor in interest reasonable attorney's fees and other reasonable costs incurred in such action or proceeding, provided that the City obtains a judgment in its favor in any portion of such action or proceeding. 10. The applicant or successor in interest shall be the real party in interest and shall assume primary responsibility for the defense of any legal action or proceeding commenced against the City to challenge the City's approval of Land Use Entitlements and/or the City's approval related to such land use approval. The applicant or successor in interest shall reimburse the City for all reasonable attorney's fees and other reasonable costs incurred by the City in defending such action or proceeding. 11. By accepting approval of the Land Use Entitlements subject to the conditions set forth herein,the applicant or successor in interest shall be deemed to have agreed to the terms and conditions set forth herein and the City shall have the right to enforce in its sole discretion such terms and conditions by pursuing any and all available legal and equitable remedies. 12. Any changes to the conditions listed above must be approved by the Planning Commission. B. All requirements of the Recreation and Parks Department shall be met,including but not limited to the following: 1. if the proposed project includes the construction of one or more bedrooms, Park and Recreation in-lieu fees shall be paid in accordance with Azusa Municipal Code Section 66-5. 2. The parkway shall be included as part of the landscape submittal required prior to issuance of Building Permits. C. All requirements of the Building Division shall be met, including but not limited to the following: 1. Applicant shall conform to the 2001 Uniform Building Standards Codes incorporating the State of California 2001 Uniform Building Code,California Mechanical Code, California Plumbing Code, and the 2004 California Electric Code,and all applicable Azusa Municipal Ordinances, 2. All plan check fees shall be paid at the time of plan check submittal. Once plan check is completed and approved, applicant shall be responsible to pay in full all other appropriate development fees(i.e.school district fees,water reimbursement,park fees)prior to issuance of any building permit. 3. Energy plan check fees are required. 4. Applicant shall submit 2 copies of foundation,framing,floor and elevation plans for plan check. 5. Applicant shall submit 2 copies of structural calculations simultaneous with the construction plans. 6. Applicant shall submit 2 copies of energy calculations simultaneous with the construction plans. 7. Applicant shall submit 2 copies of soil report simultaneous with the construction plans. 8. Property shall be surveyed by a State of California Licensed Surveyor and the report shall be submitted simultaneous with the construction plans. 9. Applicant recognizes that approval granted is for planning and zoning only and the owner is obligated to meet all applicable Building Division requirements. 10. Method of compliance shall be determined upon field inspection. 11. Plans as submitted are not acceptable for Building Division submittal. V2007-06 & DR 2007-69 April 16, 2008 Page 3 of 4 D. All requirements of the Water Division shall be met, including but not limited to the following: 1. This complex to be Master Metered from one water meter. 2. The owner or project applicant shall take sole responsibility for costs incurred due to any modification, relocation or alteration of existing water facilities caused by this project to the satisfaction of the Light and Water Department. 3. This project is subject to Ordinance No. 07-012, Sections 78-513 of Division 6, entitled "Conservation Plan" of Article VI of the City of Azusa Municipal code. This includes the installation of water saving devices,such as ultra low-flow toilets(1.6 gallons),and participation in the retrofitting of existing housing units either by installing retrofits or providing funds to perform retrofits. 4. The following estimated Water System Development Fee is based on Resolution numbers 06- C63 and will be changed to reflect the actual rate as of the day fees are paid. Land Use Category Residential-single family unit 7 $9,535.04/acre,$1,589.25/DU E. All requirements of the Light Division shall be met,including but not limited to the following: 1. Prior to approval of proposed project,contact Electric Division as soon as possible for details on Specifications&requirements, Meter spot,Method of service 2. Incoming electric utility facilities shall be underground. Developer to provide the following: a. All conduits b. P611 boxes C. Transformer pads 3. All existing electric service and facilities shall remain. Any relocation,modification,alteration, or upgrade of existing electric service and facilities shall be at the sole cost and expense of owner/applicant/developer. 4. The existing power pole located in the alley shall be protected from impact during construction. The applicant shall coordinate with utility got method of protection. In case there in interference, applicant shall pay for all cost of relocation of existing utility facility to accommodate the proposed project. Applicant shall pay for all cost of installations. F. All requirements of the Engineering Division shall be met, including but not limited to the following: - 1. Construct curb and gutter the full width of the lot unless like new now. 2. Construct or reconstruct driveway apron once the required alley setback has been verified. 3. An on-site drainage plan shall be prepared and submitted to the City Engineer for approval at the time of building plan check submittal. Plan shall be 24"x 36", ink on mylar,with elevations to nearest 0.01 ft. scale. Plan shall be prepared by a registered civil engineer. Grading plan check fees must be paid in advance. 4. Grading shall be performed per County of Los Angeles Uniform Building Laws,current edition, relating to Excavations and Fills. 5. Connect to a public sewer w/a 4 inch V.C.P. sewer connection. CITem1A.V98rprvixe�Erhihi,-A.AxJ V 2007-06& DR 2007-69 April 16,2008 Page 4 of 4 6. Pay $3.00/front foot sewer connection fee, plus any other required sewer fees. 7'. Paving to join existing pavement or to centerline shall be provided on the alley. 8. All on-site asphalt driveway and parking area shall be repaired and resurfaced. 9. Improvement plans prepared by a registered Civil Engineer shall be submitted for all off-site (public works) improvements. Plan check fees shall be paid in advance. Plans shall be 24" by 36" ink on mylar. 10. A City encroachment permit shall be obtained for all work undertaken in the public right-of-way. All work shall be done in accordance with City of Azusa Standards and Standard Specifications for Public Works Construction(Green Book),latest edition and to the satisfaction of the City Engineer or his designee and shall be completed before issuance of Certificate of Occupancy. 11. Arrange for relocation of all utilities,poles,signals,street lights,etc. if any at the alley or on the property. 12. A bond or security device shall be posted with the City in an amount sufficient to cover the amount of off-site work to be done;as determined by the City Engineer.No Building Permit will be issued until this device is posted. 13. The contractor shall take every step necessary to contain all dirt,construction materials, and construction run-off on site. No grading or construction-related debris,either directly or indirectly carried by water, will be permitted to leave the construction site. 14. Verify that no drainage of adjacent properties are impacted,to be signed by a registered Civil Engineer. 15. Provide a signed copy of the lot split for City Evaluation. 16. Full protection shall be provided for the neighbors, check for asbestos,lead and other toxic substances prior to demolition. CTemliX IX"vise J4Lfbii-A.Jm.9 RESOLUTION No. 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AZUSA APPROVING DESIGN REVIEW DR-2007-69. A REQUEST TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE AND DETACHED GARAGE LOCATED AT 514 N. ALAMEDA AVENUE WHEREAS, the Planning Commission of the City of Azusa, has given notice thereof as required by law, held a public hearing on the application of David Kim with respect to the requested Design Review DR-2007-69 to construct a new 2,449 square foot single family residence and detached 400 square foot garage at 514 N. Alameda Avenue, and WHEREAS, the Planning Commission has carefully considered all pertinent testimony and . the staff report offered in the case as presented at the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That in accordance with Section 88.51.032 of the Azusa Municipal Code,the Planning Commission hereby approves said Design Review DR-2007-40 based on the following findings: 1. Provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community: The design, massing and scale of the single family residence and detached garage is appropriate to the zone and is compatible with the surrounding community. Many of the other residential projects in the area have reduced side setbacks with the same mass and scale proposed for this home. 2. Provides attractive and desirable site layout and design, including, but not limited to, building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.: The design of the new home provides the most functional layout and design feasible for the long narrow lot. The exterior appearance makes use of traditional materials seen on older homes in the area, maintaining the appearance of an established community. 3. Provides efficient and safe public access, circulation and parking: The existing street access to the residential lot has not changed and continues to be efficient and safe. 4. Is consistent with the General Plan, any applicable specific plan, development agreement, and/or any previously approved planning permit: Chapter 3: The Built Environment Goal No. 1 of the General Plan, Policy 1.1 calls for providing a residential development to meet the needs of existing and future residents, and to Resolution No.2007- DR-2007-69 April 16,2008 Page 2 of 2 establish the urban form of the neighborhood. The proposed new residence is consistent with this goal. There are no specific plans applicable to the proposed variance. 5. Complies with all applicable requirements of this Development Code, and any other adopted City design standards, guidelines, and policies: With the exception of the side yard setback areas, for which the variance request is being made, the new single family residence and detached garage is in conformance with the City's Development Code. With approval of the Variance, the project will meet all of the applicable provisions of the Development Code as shown in the Zoning Code Conformance Table in the staff report. SECTION 2: Based on the aforementioned findings,the Planning Commission does hereby approve Design Review DR-2007-69 for the property located at: 514 N. Alameda Avenue. SECTION 3: The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 16`h day of April, 2008. AZUSA PLANNING COMMISSION CHAIRMAN I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Azusa at a regular meeting thereof held on the 16`h day of April,2007,by the following vote of the Planning Commission: AYES: NOES: ABSENT: ABSTAIN: AZUSA PLANNING COMMISSION SECRETARY RESOLUTION NO. 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITYOFAZUSA APPROVING VARIANCE V-2007-06.A . REQUEST TO ALLOW THE ENCROACHMENT OF A SINGLE FAMILY RESIDENCE AND DETACHED GARAGE INTO THE REQUIRED SIDE YARD SETBACKS. WHEREAS, the Planning Commission of the City of Azusa, has given notice thereof as required by law, held a public hearing on the application of David Kim with respect to the requested Variance V-2007-09 to allow a single family residence and detached garage to encroach into the required side yard setbacks two (2) and one (1) foot respectively at the property located at 514 N. Alameda Avenue WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That in accordance with Section 88.51.070 of the Azusa Municipal Code, the Planning Commission hereby approves said Variance V-2007-07 based on the following findings: 1. There are special circumstances applicable to the property,inc/udingsize,shape, topography, location or surroundings, so that the strict application of this Development Code deprives the property ofprivileges enjoyed by other properties in the vicinity and within the same zoning district. There are special circumstances applicable to the property regarding the shape of the property so that strict application of the Azusa Development Code deprives the property of privileges enjoyed by other properties within the vicinity and within the same zoning district. The subject property has a minimal lot width, limiting the ability to develop the site with a structure more that one room wide. Meeting the required side setbacks for the main residence and detached garage would result in a residence no wider than 15 feet and a garage no wider than 19 feet. The proposed residence meets the front and rear yard setbacks, and makes use of the alley located to the rear of the site for access to parking, as encouraged for new development in this transitional zone. Approval of the variance would allow the applicant to maximize the width of the residence and garage and use the property in a fashion that is enjoyed or possible for most of the other properties in the neighborhood. Strict adherence to the Azusa Development Code,specifically the 5 and 3 foot side yard setback requirements, would deprive the owner of utilizing the property in a way that is used by most other properties in the vicinity. 1. The approval of the Variance includes conditions of approval as necessary to ensure that the adjustment ,ranted does not constitute a Brant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district Variance Resolution No. V-2007-07 April 16,2008 Page 2 of 3 Approval of the proposed new residence and detached garage for the subject property does not constitute a special privilege since most homes in the neighborhood are located on larger lots or encroach into side yard setbacks. The attached Conditions of Approval ensure that the variance does not create negative impacts to the subject property or to the neighborhood. The new single family residence and detached garage will adhere to all of the development standards for the zone, with the exception that the proposed residence will provide a 3 foot side setback and the detached garage a 2 foot side setback. The new single family residence would not adversely affect, nor could it be materially detrimental to adjacent residential uses of the neighborhood since the proposed residence adheres to the zone's front and rear setback requirements and the construction of a new house at this location will enhance property values. 3. The Variance is consistent with the Genera/Plan and any applicable specific plan. Chapter 3: The Built Environment Goal No. 1 of the General Plan, Policy 1.1 calls for providing a residential development to meet the needs of existing and future residents, and to establish the urban form of the neighborhood. The proposed new residence is consistent with this goal. There are no specific plans applicable to the proposed variance. SECTION 2: Based on the aforementioned findings, the Planning Commission does hereby approve Variance V-2007-06 for the property located at: 514 N. Alameda Avenue. SECTION 3: The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 16th day of April, 2008. AZUSA PLANNING COMMISSION CHAIRMAN I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Azusa at a regular meeting thereof held on the 16" day of April, 2008, by the following vote of the Planning Commission: AYES: NOES: ABSENT: ABSTAIN: Page 2 of 3 Variance Resolution No. V-2007-07 April 16, 2008 Page 3 of 3 AZUSA PLANNING COMMISSION SECRETARY Page 3 of 3 tiJ 0�9�G AZUSA CITYPLANNING COMMISSION MINUTES (revised) April 16, 2008 7:00 P.M. NOTICE: A copy of the following public hearing staff reports and Initial Studies, if applicable,for the Planning Commission projects will be available for review during regular working hours of 7:00 a.m. to 5:30 p.m., Monday - Thursday at the Planning Division and during regular hours of the Azusa City Library. Any questions regarding any agenda item may be answered by the Planning Division at (626) 812-5017. The Planning Commission Meetings are held at 7:00 p.m. in the Azusa Civic Auditorium at 213 East Foothill Boulevard, Azusa, California Call To Order Chairman Dierking called the meeting to order at 7:15 p.m. Pledge of Allegiance Commissioner Alva led the flag salute. Roll Call Members present: RENTSCHLER, ALVA, DIERKING, ROSALES Members Absent: DODSON Staff Present Assistant City Manager, Robert Person; Director of Economic and Community Development, Bruce Coleman; BBK Attorney, Michael Torres; BBK Attorney Marco Martinez; Senior Planner, Susan Cole; Contract Senior Planner, Katherine Laufenburger (Lilley Group); Administrative Secretary, Cindy Seffer; Planning Technician, Graciela Acosta Approval of Minutes Minutes of March 12 , 2008 Motion by Commissioner Rosales to approve the minutes as revised. Motion was seconded by Commissioner Alva and the minutes were approved. Minutes of March 27, 2008 Motion by Commissioner Alva to approve the minutes as written. Motion was seconded by Commissioner Rosales and the minutes were approved. Public Participation Mr. Morales, resident, discussed a ceremony was held in Azusa in honor of World War II veteran Gabriel Noriega where a Purple Heart was received by his sister Ramona Rubio. He also stated his concern about the parking accommodations of the project of the 700 block of Dalton. PLANNING COMMISSION MINUTES (revised) April 16, 2008 Page 2 of 6 Public Hearings 1. Case No.: Draft Ordinance amending portions of the City of Azusa Development Code concerning vehicle parking and storage, on private property; and temporary sign and tent regulations. Location: City Wide Applicant: City of Azusa Mr. Person stated this is a continued item and a result of the code committee and introduced Mr. Martinez to address legal issues verses committee recommendations. Discussion was held regarding to the proposed code for regular vehicles and RVs as eight foot set back from property line. Attorney Martinez answered questions on legal issues and advised drafting zoning regulation is a policy issue. The policy drafted is to be the ideal and not for every situation. Commissioner Rentschler asked if there is a view analysis and Assistant City Manager Robert Person answered city engineer recommended an eight foot setback from property line which City Council did not go with. Chairman asked if any enforcement mechanism in the municipal code and counsel answered yes,through criminal and administrative citations. Chairman Dierking opened the public hearing. Mr. Art Morales stated there is a problem with hedges and driveways side by side and suggested a rule that requires residents back up into a driveway. Chairman Dieking closed the public hearing. Discussion continued on the proposed 8 foot setback for RV parking. Commissioner Renstchler moved to recommend an 8 foot setback from property line with individual cases to apply for a permit or variance. Chairman Dierking asked staff if we already have a mechanism for that and Ms. Cole answered yes. A minor variance for a 10% deviation and a major variance with reduced fee for property owners. The minor variance is adjudicated by zoning official and the major variance before Planning Commission. The vote was as follows: AYES: RENTSCHLER, ALVA, NOES: DIERKING, ROSALES ABSENT: DODSON ABSTAIN: NONE Vote resulted in a tie; commissioners discussed continuing the item to the next Planning Commission meeting to allow Commissioner Dodson to vote. Chairman Dierking motioned to continue this item to the April 30th Planning Commission meeting Commissioner Rosales second the motion. The vote was as follows: AYES: RENTSCHLER, ALVA, DIERKING, ROSALES NOES: NONE ABSTAIN: NONE ABSENT: DODSON PLANNING COMMISSION MINUTES (revised) April 16, 2008 Page 3 of 6 2. Case No. Use Permit UP 2007-06,Variance V 2007-10 & Variance V 2007-11 Location: 1020 Tenth Street Applicant: Sprint/Nextel Request for approval of Use Permit to allow the construction of a 60 foot high wireless telecommunication facility, and two Variances to allow the height of the structure to exceed the 50 foot maximum and to reduce the required rear setback from 60' to 13'-6" and west setback from 60' to 17'-2" at 1020 E. Tenth Street. Ms. Laufenburger provided the summary of the staff report. She stated that this is a City site and the applicant's goal is to provide co-location at a quality site. Ms. Zimmerman represented the applicant and agreed with the staff report. Chairman Dierking opened public hearing. Mr. Morales, resident, stated he is a subscriber and is happy with the service. Public hearing is closed. Attorney Michael Torres advised Commissioners to vote on all Resolutions at one time. Commissioner Alva motioned to approve UP 2007-06, V-2007-10 and V 2007-11 subject to the conditions of approval listed in the staff report. Commissioner Rosales seconded the motion. The vote was as follows: AYES: RENTSCHLER, ALVA, ROSALES NOES: DIERKING ABSENT: DODSON ABSTAIN: NONE 3. Case No.: Variance V-2008-01 Location: 845E. Haltern Street Applicant: Adrian Avalos Request for approval of a Variance to allow an existing 368 square foot room addition to previously constructed in the early 1960's, to encroach 4.5 feet into the required rear yard setback at 875 E. Haltern Street. Ms. Laufenburger presented staff report and explained the Variance was used because the request exceeds the 10% limit for a minor variance. Staff clarified Condition of approval 48 requires a special inspection. Chairman Dierking opened the public hearing. Mr. Morales, resident, supported the project. Chairman Dierking closed public hearing. PLANNING COMMISSION MINUTES (revised) April 16, 2008 Page 4 of 6 Chairman Dierking asked applicant if he agreed to Conditions of Approval and applicant stated he had not received a copy. Ms. Laufenburger provided a copy for review. Chairman Dierking called for ten minute break to allow applicant to read and review Conditions of Approval in the staff report. Chairman Dieking re-opened the public hearing and asked applicant if he agreed to Conditions of Approval on staff report. Applicant stated he agreed to Conditions of Approval on the staff report. Commissioner Alva motioned to approve V 2008-01 subject to the conditions listed in the staff report. Commissioner Rosales second the motion. The vote was as follows: AYES: RENTSCHLER, DIERKING, ALVA, ROSALES NOES: ALVA, one e r ES NONE ABSENT: DODSON ABSTAIN: NONE 4. Case No.: Design Review DR-2007-69 and Variance V-2007-09 Location: 514 N. Alameda Avenue Applicant: California Coast Residential Design Request for approval of a Variance and Design Review to allow for.the encroachment of the residence 2 feet into the required side yard providing a three (3) foot setback, and the encroachment of the detached garage one (1) foot into the required side yard leaving a (2) foot setback. Chairman Dierking asked if there was a conflict if Commissioner Alva participated. Ms. Cole stated Commissioner Alva is eligible to participate in the review of this item. Ms. Laufenburger presented the staff report and stated the applicant was present. She stated notices were sent out to the public and no responses were received. Mr. Torres advised the Commission that the other two lots owned by the applicant were not on the agenda. Mr. Wells, designer representing the property owner Mr. David Kim, property owner, were also present. Chairman Dierking opened public hearing. Chairman Dierking asked if public was interested in speaking and there was no interest. Chairman Dierking closed public hearing. PLANNING COMMISSION MINUTES (revised) April 16, 2008 Page 5 of 6 Discussion continued on the 5 foot setback. Mr. Torres reminded the commission this item considers one lot only. Ms. Cole clarified for the commission a 3 foot set back is acceptable to the Building Department and 5 foot distance between structures is the minimum allowable and that fire access would be a Fire Department approval issue. Commissioner Rentschler motioned to approve DR 2007-69 and V 2007-09 subject to the Conditions of Approval. Chairman Dierking seconded the motion. The vote was as follows: AYES: RENTSCHLER, DIERKING, NOES: ALVA, ROSALES ABSENT: DODSON ABSTAIN: NONE Vote resulted in a tie; commissioners discussed continuing the item. Commissioner Rentschler motioned to continue the item to the next Planning Commission' meeting of April 30th. Commissioner Rosales seconded the motion. The vote was as follows: AYES: RENTSCHLER, ALVA, DIERKING, ROSALES NOES: NONE ABSENT: DODSON ABSTAIN: NONE Unfinished Business None New Business None Reports and Communications 1. Report was withdrawn by the applicant. 2. APU ANNUAL REPORT Ms. Cole summarized the report and introduced APU Attorney Mark Dickerson who indicated that he was there to answer their questions. The background of this proposal consists of the APU development Agreement along with Mitigation Monitoring Plan for the APU Specific Plan which were adopted by City Council on September 19, 2005 and resulted in requiring an annual review to determine compliance with all the provisions of the agreement. Staff concluded provisions were met. Mr. Dickerson first reported APU has awarded this current year a total of 22 scholarships for the fall. Discussion was held on traffic mitigations. Mr. Dickerson informed the Planning Commission about traffic safety at Foothill and Citrus and reported meeting with Azusa PD, Stater Brothers about providing public information. Chairman Dierking opened public hearing. Mr. Morales, resident, stated APU is a great university. Chairman Dierking closed public hearing. PLANNING COMMISSION MINUTES (revised) April 16, 2008 Page 6 of 6 The Commission thanked APU for participating in the community by awarding 37 scholarships of$20,000 each in about a 7 year period and for allowing Saint Frances of Rome use of parking facility. Commissioner Rosales motioned to approve APU Annual Report, Commissioner Alva seconded the motion. The vote was as follows: AYES: RENTSCHLER, ALVA, DIERKING, ROSALES NOES: NONE ABSENT: DODSON ABSTAIN: NONE 3. CITY COUNCIL MEETING OF APRIL 7 , 2008 Director Coleman gave a brief update of the April 7, 2008 City Council meeting. Mr. Coleman briefed the Planning Commission on contract for Hogle & Ireland, personnel item, lease by redevelopment, setting a date for plan amendment and a reduction of bond. Discussion Items From the Planning Commission Commissioner Rentschler thanked staff and the Commission for allowing her to represent the City of Azusa at the League of California Cities in Sacramento. Commissioner asks City Council to increase the budget would allow all Planning Commission to attend the next one in Anaheim. Chairman Dierking and Planning Commissioners thanked Mr. Coleman for his service to the City on behalf of all residents of Azusa and he will be missed. Chairman Dierking requested Poilce Department enforcement safety violations at Soldano and Fifth at 4:50pm and 6:40pm. And Mr. Coleman stated he would contract the Police Department. Ms. Cole formally introduced the new planning technician Graciela Acosta to the Planning Commission. Ms. Cole stated copies of the municipal code are available on hard copy and on line for the planning commission use. And Commissioners Rentschler and Alva requested hard copies. Adjournment Commissioner Alva motioned to adjourn the meeting in honor of WWII veteran Gabriel Noriega the meeting; seconded by Commissioner Rosales. The meeting was adjourned at 9:41 pm. Exhibit C RESOLUTION NO. 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AZUSA DENYING VARIANCE V-2007-09. A REQUEST TO ALLOW THE ENCROACHMENT OF A SINGLE FAMILY RESIDENCE AND DETACHED GARAGE INTO THE REQUIRED SIDE YARD SETBACKS. WHEREAS, the Planning Commission of the City of Azusa, has given notice thereof as required by law,held a public hearing on the application of David Kim with respect to the requested Variance V-2007-09 to allow a single family residence and detached garage to encroach into the required side yard setbacks two (2) and one (1) foot respectively at the property located at 514 N. Alameda Avenue WHEREAS,the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. NOW, THEREFORE,THE PLANNING COMMISSION OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That in accordance with Section 88.51.070 of the Azusa Municipal Code,the Planning Commission hereby denies said Variance V-2007-09 based on the following finding: 1. The approval of the Variance would not include conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district. Approval of the proposed new residence and detached garage for the subject property would constitute a special privilege because all new homes are required to meet the required 5 foot side setback and permitting the subject lot to have reduced side setbacks would be inconsistent with the requirements set for the construction of new homes within the same zoning district. The new single family residence would adversely affect,and could it be materially detrimental to adjacent residential uses of the neighborhood due to the proposed residences reduced side setbacks and the close proximity of adjacent residences. SECTION 2: Based on the aforementioned findings,the Planning Commission does hereby deny Variance V-2007-09 for the property located at: 514 N. Alameda Avenue. SECTION 3: The Secretary shall certify to the adoption of this resolution. Variance Resolution No. V-2007-09 April 30,2008 Page 2 of 2 ADOPTED AND APPROVED the 301h day of April, 2008. AZUSA PLANNING COMMISSION CHAIRMAN I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Azusa at a regular meeting thereof held on the 30`s day of April,2008,by the following vote of the Planning Commission: AYES Rentschler, Alva, Rosales NOES: Dierking, Dodson ABSENT: ABSTAIN: AZUSA PLANNING COMMISSION SECRETARY Page 2 of 2 RESOLUTION No. 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AZUSA DENYING DESIGN REVIEW DR-2007-69. A REQUEST TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE AND DETACHED GARAGE LOCATED AT 514 N. ALAMEDA AVENUE WHEREAS, the Planning Commission of the City of Azusa, has given notice thereof as required by law,held a public hearing on the application of David Kim with respect to the requested Design Review DR-2007-69 to construct a new 2,449 square foot single family residence and detached 400 square foot garage at 514 N. Alameda Avenue, and WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. NOW,THEREFORE,THE PLANNING COMMISSION OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That in accordance with Section 88.51.032 of the Azusa Municipal Code,the Planning Commission hereby denies said Design Review DR-2007-40 based on the following findings: 1. Provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community: The design, massing and scale of the single family residence and detached garage are not compatible with the surrounding community. 2. Provides attractive and desirable site layout and design, including, but not limited to, building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.. The design of the new home does not provide the most functional layout and design feasible for the long narrow lot. 3. Complies with all applicable requirements of this Development Code, and any other adopted City design standards, guidelines, and policies: Without a Variance the proposed,new single family residence does not meet the required side yard setback standards. SECTION 2: Based on the aforementioned findings,the Planning Commission does hereby approve Design Review DR-2007-69 for the property located at: 514 N. Alameda Avenue. Resolution No. 2008- DR-2007-69 April 30, 2008 Page 2 of 2 SECTION 3: The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 301h day of April, 2008. AZUSA PLANNING COMMISSION CHAIRMAN I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Azusa at a regular meeting thereof held on the 30`h day of April,2008,by the following vote of the Planning Commission: AYES: Rentschler, Alva, Rosales NOES: Dierking, Dodson ABSENT: ABSTAIN: AZUSA PLANNING COMMISSION SECRETARY Revised C3711*CS' A AZUSA CITYPLANNING COMMISSION MINUTES (Revised) April 30, 2008 7:00 P.M. NOTICE: A copy of the following public hearing staff reports and Initial Studies, if applicable,for the Planning Commission projects will be available for review during regular working hours of 7:00 a.m. to 5:30 p.m., Monday - Thursday at the Planning Division and during regular hours of the Azusa City Library. Any questions regarding any agenda item may be answered by the Planning Division at (626) 812-5017. The Planning Commission Meetings are held at 7:00 p.m. in the Azusa Civic Auditorium at 213 East Foothill Boulevard, Azusa, California Call To Order Chairman Dierking called the meeting to order at 7:06 p.m. Pledge of Allegiance Commissioner Dodson led the flag salute. Roll Call Members present: RENTSCHLER, ALVA, DIERKING, DODSON, ROSALES Members Absent: NONE Staff Present BBK Attorney, Michael Torres; Public Works Director, James Makshanoff; Senior Planner, Susan Cole; Contract Senior Planner, Katherine Laufenburger (Lilley Planning Group); Assistant Planner, Kim Pilmer; Planning Technician, Graciela Acosta; Administrative Secretary, Cindy Seffer Approval of Minutes Minutes of April 16, 2008 Chairman Dierking motion to approve minutes as revised. The vote was as follows: AYES: RENTSCHLER, ALVA, DIERKING, ROSALES, DODSON NOES: NONE ABSENT: NONE ABSTAIN: NONE Public Participation Mr. Morales, resident, discussed using Light and Water Department Living Wise Program to provide free swimming for the Azusa children. PLANNING COMMISSION MINUTES-Revised April 30, 2008 Page 2 of 9 Public Hearings 1. Case No.: Draft Ordinance amending portions of the City of Azusa Development Code concerning vehicle parking and storage, on private property; and temporary sign and tent regulations. Location: City Wide Applicant: City of Azusa Chairman Dierking stated this is a continued item from last meeting, April 16. Commissioner Dodson stated he was absent on last meeting but has read the revised minutes and all documentation provided for the last meeting and this meeting, and he is ready to vote on the items. Chairman Dierking asked Attorney Michael Torres if there was a conflict and Attorney Torres stated there was no conflict. Chairman Dierking opened public hearing. Mr. Art Morales, resident, had an issue with parking RV on two adjacent driveways. Frances Melanson, resident, 105 East 13'" Street. She stated that she received a letter of RV code non-compliance and started a petition of RV owners who disagreed with the RV code. She was a member of the RV code review committee appointed by the City Council. She hopes the Commission will approve the proposed RV code changes, although she does not believe one code will fit all situations. Peggy Martinez, resident and co-chair of Code committee. She stated the RV code committee was made up of 9 persons, 3 persons against revising the RV code, 3 in favor of revising and 3 neutral members. She suggested a setback of 8 feet from the curb. Christina Ferris, resident, 206 North Vernon. She is a motor home owner and it is her only transportation. She parks it in her driveway and appreciates the 8 foot setback from the curb. Chairman Dierking closed public hearing. Commissioners discussed 8 foot setback and where it originated. Counsel stated it came from the code committee recommendation and that Commissioner Rosales could speak on the matter. Commissioner Rosales stated the 8 foot set back is from the face of curb. Commissioner Rentschler stated the City Engineer made the recommendation of 8 feet from the property line to the City Council for safety reasons. She restated Counsel's clarification to the Commission that the goal of the committee is to establish the ideal situation to achieve the greatest welfare for all, and she supported the variance process for case by case situations. Commission discussed the use of a variance to deal with an exception from the Development Code and the cost. Ms. Cole stated the correct process would be through a minor or major variance. The minor variance, at a fee of$715 dollars, allows an applicant a reduction of 10%; the fee for a major variance for a residential property would be $850 dollars for any request for PLANNING COMMISSION MINUTES-Revised April 30, 2008 Page 3 of 9 over the 10% reduction. Counsel clarified the variance is an established method of dealing with an exception and the fees are adopted by the City Council. Commissioner Rentschler stated the cost of a variance is worth the life of a child. Commissioner Dodson asked if it is a contradiction in the code to allow RV parking in the front setback if it exceeds the allowable 35% of paved surface coverage. Ms. Cole clarified that the proposed Ordinance would allow residents to park their RV in their existing driveway or expand a driveway to park side by side, and possibly add another driveway if the lot was wide enough. Dodson commented on the hodgepodge aspect of existing temporary signs. Commissioner Alva asked about the possibility of parking permits for out of town visitors. Counsel clarified that any rules of the Ordinance would be additional regulations for the Community Improvement (code enforcement) to have to enforce. Commissioner Rosales pointed out that the Community Improvement Division requested specific numbers to be able to enforce the code and to justify a citation. Commissioner Dodson suggested overnight parking fees to generate revenue to help in Community Improvement. Commissioner Rosales stated it has been recommended to Council and staff indicated lack of staff for enforcement. Dierking asked Ms.Melanson if she had anything to add. She suggested allowing out of town RV permit and the issue of no budget to enforce the code with additional staff. Chairman Dierking suggested the budget issue to be revisited by the Commission at a later time. Rosales matiened moved to recommend approval of the proposed ordinance amending portions of the City of Azusa Development Code concerning vehicle parking and storage on private property, temporary signs and tent regulation. Chairman Dierking seconded the motion. The vote was as follows: AYES: DIERKING, ROSALES NOES: RENTSCHLER, ALVA, DODSON ABSENT: NONE ABSTAIN: NONE Vote resulted in a 3 to 2, so the motion failed. Commissioner Rentschler rnetiened moved to reconsider the vote and recommend approval of the proposed ordinance with the revision of Section 3.C.2.a (4) to state "WhRFP.. �thRFA isfie s , the recreational vehicle shall be is parked at least eight feet (8') from the property line."Commissioner Alva seconded the vote. The vote was as follows: , AYES: RENTSCHLER, ALVA, DIERKING, DODSON NOES: ROSALES ABSENT: NONE ABSTAIN: NONE Vote resulted in 4 tol, the motion was approved. PLANNING COMMISSION MINUTES- Revised April 30, 2008 Page 4 of 9 2. Case No.: Design Review DR- 2007-69 and Variance V-2007-09 Location: 514 N. Alameda Avenue Applicant: California Coast Residential Design Continued request for approval of a Variance and Design Review to allow for the encroachment of the residence 2 feet into the required side yard providing a three (3) foot setback, and the encroachment of the detached garage one (1) foot into the required sideyard leaving a (2) foot setback. Ms. Laufenburger presented a summary of the staff report. Chairman Dierking asked if Commission had any questions. Commissioner Rosales inquired about the south lot of the subject property. Counsel clarified the only the first lot was up for discussion and a second application will come before the Commission. Commissioner Rentschler asked if the applicant has considered joining the lots. Applicant Mr. Felix explained the assessor's shows 3 separate lots and economically unfeasible to merge lots at this time. Commissioners asked the size of the tankless water heater and if rain gutters, planter boxes and pillars would be installed on the house. Mr. Felix answered the water heater dimension is about 8 inches and rain gutters would be installed. Commissioner Dodson stated he observed the property setbacks in the project area ranged from 0 to 3 feet. He asked if the owner had a license contractor from the area, and about the measurement of garage. Mr. Wells answered bids went out for licensed contractors in the area. He stated the garage cleared 20 feet per code for 2 car spaces. Chairman Dierking opened public hearing. Peggy Martinez, resident at 239 Alameda, stated the subject property is just like hers and she would have a problem with the property becoming a rental. Mark Dikerson, resident at 12 Whispering Willow Court, stated he had two concerns. The applicant was presenting a false dilemma by only dealing with one lot at a time. Also, he was concerned that an approval would set a precedent for smaller setbacks on a 25 foot lots. Art Morales, resident, suggested the project be single story. Public hearing was closed. PLANNING COMMISSION MINUTES- Revised April 30, 2008 Page 5 of 9 Chairman Dierking encouraged the Commission to have a discussion before voting. Counsel Torres stated that if the vote was going towards denial, he recommends continuing item to allow staff to draft a resolution of denial to incorporate the necessary findings. If an appeal of the denial was appealed to City Council the Planning Commissions findings would be the basis for the denial. Commissioner Alva rnetiened moved to deny the item. Commissioner Rosales seconded the motion. The vote was as follows: AYES: RENTSCHLER, ALVA, ROSALES NOES: DIERKING, DODSON ABSENT: NONE ABSTAIN: NONE The vote of 3 to 2 resulted in denial of the project. Ms. Cole requested clarification of the reason for the denial of the two resolutions, one for the design and the other for the variance. Commissioner Rentschler stated there was nothing special about this property because there are other lots of this size in the neighborhood. Commissioner Rosales stated he could not approve this variance because granting the variance would be a special privilege of 3 foot set back and because the current code approved by the Planning Commission required a 5 foot setback. Counsel Torres advised the denial was subject to appeal to the City Council and staff was to draft the resolutions. Chairman Dierking called for a recess at 9:07pm and resumed the meeting at 9:2lpm. 3. Case No.: Minor Use Permit MUP-2008-05 Location: 444 E. Footbill Boulevard Applicant: James Bicos Request for approval of a Minor Use Permit to allow an existing food service drive through located at T Burger restaurant to operate 24 hours a day in the CFB Zone. Ms. Cole introduced James Makshanoff as Public Works Director to the Commission. Mr. Makshanoff addressed the Commission and requested to continue the item to the next Planning commission meeting in order to allow staff to analyze residents concerns. Commissioners discussed that the application was property noticed and that problems of trash, noise, parking on site after hours were resident's concerns. PLANNING COMMISSION MINUTES-Revised April 30, 2008 Page 6 of 9 James Bicos applicant, 1827 Oakwood Avenue, Arcadia, CA 91006, answered questions. He stated he was made aware of residents concerns. Commission discussed continuing the discussion of the Minor Use Permit and decided to proceed. Ms. Laufenburger presented staff report. She addressed concerns of the existing Taco Tapatio restaurant through a table which shows no police calls with significant complaints for the hours of the requested MUP. Commissioners discussed the requested MUP. They discussed that the parking lot at the restaurant would be closed off after hours, when the drive through is open. They discussed noise levels would be mitigated through the conditions of approval and that the speaker box would have a regulator to mitigate noise especially for night use while facing towards the mortuary next door. Mr. Bicos stated he owns this business which opened two weeks ago and also two additional restaurants in Monrovia and Pasadena. He stated it would be a low impact speaker and in Monrovia in 4 years had no complaint from the adjacent condos to the rear in Monrovia. He states he has placed signs keep noise down at the Monrovia site. He stated he would be involved in the community through the schools and keeps the sites very clean. He stated he would block the parking area by cones or chains. He stated the PD was in favor of the project and he would be very conscious of the neighbors' concerns. He stated he currently has no extra security on site but would be open to it if the need arises. Chairman Dierking opened the public hearing. Peggy Martinez, resident, stated in favor of family business and restaurant has been clean and well maintained through out being vacant to present. Richard Escobedo, neighboring resident and co-signer of a letter requesting the public hearing because of noise and trash concerns, stated the applicant has addressed his concerns and he is happy with the project. Mr. Morales, resident, stated that his concerns are motorcycles exhaust and a nicely kept business. He suggested if the neighbors do not have an objection, it would be great business to have. Chairman Dierking closed public hearing. Commission clarified to the public the restaurant design plan with the drive-through was already approved as constructed. Commission questioned the issue about trash at Taco Tapatio and staff replied Code Enforcement had a complaint a year ago for illegal dumping of wood material outside the restaurant and the complaint was abated. She stated no noise complaints had been received in writing. PLANNING COMMISSION MINUTES-Revised April 30, 2008 Page 7 of 9 Commissioners discussed with Counsel written quantifiable mitigation measure to address concerns of residents to noise and trash. Counsel pointed out Conditions of Approval 45 and #6 in exhibit A, addresses trash and noise levels. Applicant stated that he was diligent about trash pick up. Commissioner Dodson rnatiened moved to approve MUP2008-05 subject to the conditions listed in the staff report. Commissioner Rentschler seconded the motion. The vote was as follows: AYES: RENTSCHLER, DODSON, ROSALES NOES: DIERKING, ALVA ABSENT: NONE ABSTAIN: NONE Vote was 3 to 2 and resulted in approval of the project. Chairman Dierking stated there is a 20 day waiting period and the Planning Commission decision may be appealed to the City Council. 4. Case No.: Use Permit UP-2007-07 & Variance V-2007-08 Location: 153 E. Gladstone Street Applicant: T-Mobile Request for approval of a Use Permit to allow the construction of a 55 foot high stealth wireless telecommunication facility, and a Variance to allow the height of the facility to exceed the 50 foot maximum height for co-locatable telecommunication facilities. Ms. Kim Pilmer summarized the staff report and presented the materials board. She stated the purpose of the variance is to enhance the appearance of the mono-pole, proposed for the rear of the property site. Commissioners discussed the broadleaf tree design and the conditions of approval which were included to ensure adequate camouflage around the antennas. Ms Pilmer stated that the applicant attempted to locate at two other properties. The Commission discussed locations of existing city-owned sites and shared their site inspection. Commissioner Rosales stated the location would be hardly visible. Lucia Ortega, agent for T-Mobile, stated that she would provide web sites to staff to address health concerns and common misconceptions. She also stated that staff directed her to change the design to stealth design for the purpose of blending in with the type of trees that are on the site. She stated that the other sites she had investigated were Murray and Central schools, based on the areas required to fill in service gaps. Chairman Dierking opened public hearing. Art Morales, resident, suggested a planet friendly tree and to use American made equipment. PLANNING COMMISSION MINUTES-Revised April 30, 2008 Page 8 of 9 Chairman Dierking closed public hearing. Commissioners discussion concerned aesthetics of the mono-broadleaf. Ms. Ortega stated that sleeves may be added to the antennas, which, along with the extra 5 feet, would make the tree look fuller. Staff clarified the additional foliage was included in the conditions of approval. Commissioners requested additional photographs of different stealth tree designs be included in future applications. Commissioner Rentschler moved to approve UP 2007-07 and V2007-08 as presented. Commissioner Rosales seconded the motion. The vote was as follows: AYES: RENTSCHLER, ROSALES NOES: ALVA, DIERKING, DODSON ABSENT: NONE ABSTAIN: NONE Vote resulted in a 3 to 2 to deny request. Ms. Cole requested that the Commission provide findings to deny the applications. Commissioner Dierking stated that the height was not needed to conceal antenna in this case and Commissioners Dierking and Dodson stated the design of the mono-pole was not a compatible design. Commissioner Dodson also stated that a reason for denial was that the staff report did not discuss that the applicant had researched other feasible city sites. Unfinished Business None New Business None Reports and Communications 1. CITY COUNCIL MEETING OF APRIL 21, 2008- COMMUNITY DEVELOPMENT ITEMS Mr. Makshanoff summarized City Council adoption of an ordinance approving an ordinance temporarily prohibiting the establishment businesses offering massage, pending the study of regulatory and zoning standards. Discussion Items From the Planning Commission Ms. Cole distributed the UCLA extension material of different classes and one class would be on May 8, as requested by Commissioner Rentschler. Ms. Cole reminded the Commission the Municipal Code was available on hard copy or online. Commissioner Dodson requested a hardcopy since he was absent at the last meeting. She asked the Commission to bring their hard copies to be able to update them. Ms. Cole was to research the Municipal/ Development Code question by the Commission and asked them to return brown folders every meeting. Mr. Makshanoff announced that the new Planning Director, Conal McNamara was to start on Monday. PLANNING COMMISSION MINUTES-Revised April 30, 2008 Page 9 of 9 Commissioner Rentschler stated she worked with Azusa Beautiful and talked to a resident with a concern about ice cream vendors and their music/noise, loitering after IOpn and hours of operations at Slauson Park. She requested that staff look into code regulations on this issue. Commissioner Alva requested graffiti removal from sidewalk at Azusa Avenue and San Gabriel. Mr. Makshanoff provided information on this matter. Chairman Dierking announced the new date for upcoming Commission meeting, Tuesday, May 13, 2008. Adjournment Commissioner Alva motioned to adjourn the meeting; seconded by Commissioner Dodson. The meeting was adjourned at 11:17pm. U c,UrpaN`� AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CIN COUNCIL FROM: ��ONAL MCNAMARA, ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT VIA: F.M. DELACH, CITY MANAGER DATE: JUNE 16, 2008 SUBJECT: CALL UP OF MINOR USE PERMIT MUP 2008-05 - PLANNING COMMISSION APPROVAL TO EXPAND THE HOURS OF OPERATION OF AN EXISTING APPROVED DRIVE-THROUGH TO 24 HOURS A DAY RECOMMENDATION It is recommended that the City Council conduct a public hearing and provide direction to staff regarding the approval, conditional approval, or denial of Minor Use Permit 2008- 05. BACKGROUND On April 30, 2008, the Planning Commission approved, by a 3-2 vote, Minor Use Permit 2008-05 to allow an existing restaurant drive-through to operate 24 hours a day, seven (7) days a week. In accordance with Azusa Development Code, Section 88.56.030(A)(3), on May 5, 2008, a majority of the City Council called the decision up for review. Review of this matter by the City Council must be undertaken pursuant to a public hearing. HISTORY On March 11, 2008, the applicant submitted an application for a Minor Use Permit to allow the existing food service drive-through at T-Burgers Restaurant to operate 24 hours a day, seven (7) days a week. The drive-through is currently permitted to operate from 6:00 a.m. to 12:00 a.m. seven (7) days a week. The application was routed to the (C TF PV( RPMSBCG5TAFFUPORT-CALL UP 6-9.08.DOC) - Planning, Electric, Engineering, Code Enforcement and Building Divisions for review. No significant issues were raised during review. This Minor Use Permit was subject to Zoning Administrator approval pursuant to the Development Code. A public notice was sent to property owners within 300 feet notifying them that the Zoning Administrator would approve the application unless any interested party requested a public hearing in writing. A letter was received on April 14, 2008, indicating opposition to the,24-hour drive- through plans and requesting that the letter be forwarded to the Planning Commission and City Council. The project was brought before the Planning Commission at the April 30, 2008, meeting. At the April 30, 2008, Planning Commission hearing, a number of issues were raised concerning the impacts of the proposed 24-hour drive-through operation on the adjacent residents. As a result of these concerns and the fact that staff became aware that the Police Department had not been asked to formally comment on the application, the City Manager's office requested that the item be continued so staff could further address the issues. However, the Planning Commission believed they had sufficient information upon which to base a decision and, after discussion, approved this minor use permit by a 3-2 vote. As noted above, a majority of the City Council subsequently called this matter up for review. The staff report from the April 30, 2008, Planning Commission meeting including the resolution, conditions of approval are included as Exhibit A. NEW INFORMATION Po/ice Depal'tment Review The application has subsequently been forwarded to the Police Department for review and the Police Department has been asked to present additional information to the Council at this meeting. Information concerning Police calls for service has also been included in Exhibit B. POSSIBLE OPTIONS FOR CITY COUNCIL ACTION The City Council should review the written information provided and conduct a public hearing on this matter. At the conclusion of the hearing, the City Council has various options, including, but not limited to: 1 . Sustaining the appeal and denying the request to expand the hours of operation. If that is the case, the City Council should entertain a motion to continue the matter and direct staff to prepare a Resolution of denial based upon the evidence heard during the hearing. That Resolution can be adopted at the next City Council meeting. (CATFMPMGRPWISRCC-STAFFREPORT-CALL UP 6-9-0B.DOC) 2. Affirming the Planning Commission's decision and approving the expanded hours of operation. 3. Remanding the project back to the Planning Commission for further consideration in light of any additional information received. 4. Modifying the Conditions of Approval to (for example) limit the days of the 24- hour drive-through operation to Thursday, Friday and Saturday evenings, limit the hours of drive-through operation to be longer than the current 6:00 a.m. to 12:00 a.m. but less than 24-hours, or a combination of both. CONCLUSION Staff is requesting direction from the Council as to the desired action on Minor Use Permit 2008-05. A resolution, findings of fact and conditions of approval will be prepared and presented to the Council accordingly. Exhibits Exhibit A-April 30, 2008 Planning Commission meeting staff report, resolution, and conditions of approval. Exhibit B - Police calls for service information (C:\TWPWPGRPWISE\CC-STAFFUPORT-CALL UP 6-9-08.DOQ Exhibit A m q� ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT REPORT TO THE PLANNING COMMISSION AGENDA ITEM DATE: April 30, 2008 CASE NO(s): Minor Use Permit MUP 2008-05 APPLICANT/OWNER: James Bicos - T Burgers LOCATION: 444 E. Foothill Boulevard APN: 8611-001-046 REQUEST: Approval of a Minor Use Permit to allow an existing food service drive through located at T Burger restaurant to operate 24 hours a day in the CFB Zone. ADJACENT LAND USES AND ZONING: LAND USE: ZONING: [PSO : Restaurant CFB (Foothill Boulevard Corridor) RTH: Convenience store and CFB (Foothill Boulevard Corridor) Restaurant NG2 (Neighborhood General) Medium TH: Single Family Residential Density Residential EAST: Restaurant CFB (Foothill Boulevard Corridor) WEST: Mortuary CFB (Foothill Boulevard Corridor) GENERAL PLAN DESIGNATION: Residential Mixed Use (8-15 DU/Acre) REDEVELOPMENT PROJECT AREA: YES: _ NO: X ENVIRONMENTAL DETERMINATION: x Categorical exemption Negative declaration Environmental impact report RECOMMENDATION: MUP 2008-05 April 30, 2008 page 2of6 Based on substantial compliance with provisions of the Development Code, and the Minor Use Permit Findings of Fact; and conformance with the General Plan and CEQA guidelines, staff recommends that the Planning Commission adopt the attached resolution approving Minor Use Permit MUP-2008-04 based on the findings of fact and subject to the Conditions of Approval listed in the attached Exhibit A. FACTS: 1 . On March 11 , 2008, the applicant, James Bicos, owner of T Burgers, submitted an application for a Minor Use Permit to allow the food service drive through located at the existing restaurant to operate 24 hours a day. The drive through is currently permitted to operate from. 6 a.m. to 12 a.m. seven (7) days a week.. 2. On April 3, 2008, forty-three (43) notices were sent out to the property owners within three hundred (300) feet notifying them of the proposal and providing 10 days for any interested person to request a public hearing for the item. On April 14, 2008 a letter requesting a public hearing was received by the Zoning Administrator (Exhibit Q. 3. The subject property is located in the CFB- Foothill Boulevard Corridor zoning vard and Pasaena Avenu . It cons stistricts of fouro olegal parcels being n the suthwest corner of Fheld laes one totaling approximately 26,100 square feet in area. ed with a 3,641 re foot 4 The and drivle through that was approved ect property is currently lby he Plann ng Commission on April 28, 2004 (Files C-2003-07, V-2004-07 and P-2004-141). 5. Forty-three (43) notices of the Planning Commission public hearing were sent out to the property owners within three hundred feet (300') of the subject property. The mailing list includes the of property owners ne 5there were of the properties responsely adjacent to the subject property. As 6. This project is Categorically Exempt under the California Environmental Quality Act, Section 15301 . Class 1 - Existing Facilities. ANALYSIS: Background 1 . There are a number of drive through restaurants located throughout the City of t and the hours of Azusa. The below table provides the name of the restauran operation for the drive through. There are a total of 5 restaurants (bold) in the City MUP 2008-05 April 30, 2008 Page 3 of 6 that currently operate 24 hours a.day, all week and/or weekends only. Drive Through Hours Restaurant Narne Location Taco King 600 E. Foothill Blvd. 24 Hours Arby's 700 E. Alosta Ave. 10 a.m. to 12 a.m. Approved to operate 24 Hours Jack in the Box 126 N. Azusa Ave. on Ma 30, 2001 Del Taco 106 S. Azusa Ave. 24 Hours Taco Bell 800 E. Alosta Ave. 9 a.m. to 1 I p.m. KFC 806 E. Nosta Ave. 9 a.m. to 12 a.m. lack in the Box 877 E. Alosta Ave. 24 Hours Burger King 890 E. Alosta Ave. 7 a.m. to 12 a.m. Sun —Thurs 10:30 a.m. to 1 a.m. In N Out Burger 324 S. Azusa Ave. Fri —Sat 10:30 a.m. to 1:30 a.m. Taco Bell 1 150 E. Foothill Blvd. 9 a.m. to 1 1 P.M. Mon-Thurs 5 a.m. to 12 a.m. McDonalds 980 E.Alosta Ave. Fri — Sun 24 Hours Dino's Burgers 843 W. Arrow Hwy. 6:30 a.m. to 10 P.M. Country Chicken and Ribs 994 E. Alosta Ave. 1 1 a.m. to 10 p.m. 2. Research of Taco Tapatio, the restaurant located to the east (across Pasadena) of T Burgers shows that the restaurant is currently open Monday through Friday from 8 a.m. to 12 a.m., Saturday from 8 a.m. to 3 a.m. and Sunday from 8a.m. to 1 :30 p.m. Code Enforcement reports that last year a complaint was received for illegal dumping on the site. The owner received two fines and the violation was abated. A review of the complaint summary from the Police Department for 2006 shows that of 12 calls for service, none were made between the hours of 12 a.m. to 6 a.m. The complaint summary for 2007 shows total of 10 calls, none made between the hours of 12 a.m. to 6 a.m. MUP 2008-05 April 30, 2008 Page 4 of 6 3. The below table summarizes the calls for service made to the Police Department for other drive through restaurants in the City which operate 24 hours a day seven (7) days a week: Calls for Service Total Restaurant Address Year 6 - 12 am 12 am - 6 am Calls 2006 37 8 45 Taco King 600 E. Foothill 2007 30 14 44 2006 42 12 54 Jack in the Box 126 N. Azusa Z007 23 9 32 2006 37 11 48 Del Taco 106 S. Azusa 2007 38 6 44 2006 Z4 10 34 Jack in the Box 877 E. Alosta 2007 ZO 4 24 Site Characteristics 1 . The subject site is a Flat corner lot that is rectangular in shape with 26,100 square feet of lot area. 2. The existing restaurant is setback 10 feet from the east side property line (Pasadena Avenue), 10 feet from the front property line (Foothill Boulevard), 60 feet from the west property line (Mortuary) and 96 feet from the rear property line (Residential). 3. The drive through entrance is located on Foothill Boulevard on the west side of the building with the menu board and intercom located at the southwest corner of the building and the pick-up window located on the south side of the building. Cars then exit onto Pasadena Avenue. General Plan & Development Code Conformance The subject site was approved for development on April 28, 2004 and is in conformance with both the General Plan and Development Code. Project Description The applicant is requesting approval to allow the existing food service drive through to operate 24 hours a day, seven (7) days a week. Currently the drive through is permitted to operate from 6 a.m. to 12 a.m. The hours of operation for the dining area of the restaurant will remain within the originally approved times of 6 a.m. to 12 a.m.. Parking will not be permitted in the parking lot when the dining area is closed. Section 88.26.005 MUP 2008-05 April 30, 2008 Page 5 of 6 — Allowable Uses in Corridors, requires that a drive through obtain approval of a Minor Use Permit. MINOR USE PERMIT FINDINGS OF FACT: Pursuant to Section 88.51 .040.F of the Azusa Municipal Code, the following findings are made in support of the requested Minor Use Permit: 1 . The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Development Code and the Municipal Code: The existing restaurant and drive through currently operate under a Conditional Use Permit (C-2003-07) which specifically restricts operating hours from 6 a.m. to 12 a.m. The Minor Use Permit (MUP) request will revise the permitted operating hours for the drive through only to allow it to remain open for 24 hours, as is allowed in within the CFB zone with approval of an MUP. . 2. Thero osed use is consistent with the General Plan and any applicable specific p P plan: The General Plan Land Use designation of the subject property is Residential Mixed Use; there is no specific plan applicable to the subject property. Land Use Goal 5: States "Allow for and encourage the intensification of commercial uses in the corridors... to provide residents with essential goods and services". The request to allow the drive through to remain open 24 hours a day will provide a service to residents that is not offered at many restaurants throughout the City and will allow the restaurant to capture the business available between the hours of 12 a.m. to 6 a.m. 3. The design, location, size, and operatingcharacterlstics of the proposed activity are compatible with the existing and future land uses in the vicinity., The operating characteristics of the drive through are compatible with existing restaurant and the adjacent commercial uses. The operation of the drive through 24 hours a day would be compatible with the current approved operating procedures which are from 6 a.m. to 12 a.m. daily. The request would allow the drive through only, to remain open from 12 a.m. to 6 a.m., with the parking lot and restaurant seating area closed. 4. The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints: The restaurant and drive through are already in place and functioning (C-2003-07, P- 2003-141 and V-2004-07). Allowing an increase in the number of hours the drive MUP 2008-05 April 30,2008 Page 6 of 6 RESPECTFULLY SUBMITTED: KATHERINE LAUFENBURGER, ONTRACT SE OR PLANNER Attachments: Exhibit A Conditions of Approval Exhibit B Draft Resolution Exhibit C Public hearing request Exhibit "A" Draft Conditions of Approval—April 30, 2008 Case No: MUP 2008-05 Address: 444 E. Foothill Boulevard A.P.N.: 8611-001-046 Project: A request to allow and existing food service drive through located at T Burger restaurant to operate 24 hours a day in the CFB zone. These conditions of approval shall be printed on or attached to working drawings submitted to the Building Division for approval. A. All requirements of the Planning Division shall be met, including but not limited to the following: 1. The Minor Use Permit shall be exercised within six (6) months after its approval, or said permit shall expire and be subject to revocation, unless an extension of time is approved in compliance with Section 88.52.040 of the Development Code. The permit shall not be deemed "exercised" until the applicant has commenced operation of the use. 2. Within 10 calendar days from the date of approval the applicant/property owner shall provide the following to the Planning Division: a. Sign and return the Owners Acceptance form provided by the Planning Division, building permits shall not be issued until this document is received and filed. b. Submit a check for$50 payable to the Los Angeles County Clerk for filing of a Notice of Exemption with the County of Los Angeles. 3. Hours of operation permitted for the parking lot and indoor area of the restaurant shall not exceed 6 a.m. to 12 a.m. The drive through is permitted to operate 24 hours a day. 4. The parking areas and any outdoor seating areas shall be closed to the public between the hours of 12 a.m.to 6 a.m. and shall be posted with signs informing the public and be duly enforced. 5. Any violations of the conditions of approval or complaints regarding noise, trash, and other disturbances will result in review of the Minor Use Permit(MUP)and may result in the restriction of operable hours for the drive through or revocation of the approved MUP. 6. The applicant shall use an outside speaker system with an internal volume control located inside the restaurant. This control shall allow for volume adjustment during the morning/evening hours when the ambient noise levels are lower. The speaker system shall not exceed the exterior noise level of 60 decibels at any time. 7. All conditions of approval for Conditional Use Permit C-2003-07,Variance V-2004- 07 and Precise Plan P-2003-141 shall be met at all times except where altered herein. 8. If it becomes necessary for the City to take any legal action or commence any administrative proceedings against the applicant or any successor in interest in order to enforce any of the conditions of approval set forth herein, the City shall recover from the applicant or successor in interest reasonable attorney's fees and other reasonable costs incurred in such action or proceeding, provided that the City obtains a judgment in its favor in any portion of such action or proceeding. (P 11 PlanninglEntitlemenls111 MimrUsePermif000MUP 200 444 E Fw1hH1 BlYd Exhibh A.Eoc 9. The applicant or successor in interest shall be the real party in interest and shall assume primary responsibility for the defense of any legal action or proceeding commenced against the City to challenge the City's approval of Land Use 10. By accepting approval of the Land Use Entitlements subject to the conditions set forth herein, the applicant or successor in interest shall be deemed to have agreed to the terms and conditions set forth herein and the City shall have the right to enforce in its sole discretion such terms and conditions by pursuing any and all available legal and equitable remedies. 11. Any changes to the conditions listed above must be approved by the Planning Commission. tPA1 PlannmglEnlitkmeMs\l 1 MlnorUsePevo19 BWUP 20DB-05444 E.Poothill BNEtEehNt-A doc RESOLUTION NO. 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AZUSA APPROVING MINOR USE PERMIT NO. MUP 2008-05, A REQUEST TO ALLOW AN EXISTING FOOD SERVICE DRIVE THROUGH TO OPERATE 24 HOURS A DAY, LOCATED AT 444 E. FOOTHILL BOULEVARD, AZUSA, CALIFORNIA WHEREAS, the Planning Commission of the City of Azusa, has given notice thereof as required by law, held a public hearing on the application of T Burgers represented by James Bicos with respect to the requested Minor Use Permit No. MUP 2008-05 to allow an existing food service drive through to operate 24 hours a day, located at 444 E. Foothill Boulevard , Azusa; and WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 : Pursuant to California Environmental Quality Act, Section 15301 , Class 1 — Existing Facilities, this project is categorically exempt. SECTION 2: That in accordance with Section 88.51 .050.E of the Azusa Development Code, the Planning Commission hereby approves said Minor Use Permit No. 2008-05 based on the following findings: 1 . The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Development Code and the Municipal Code: The existing restaurant and drive through currently operate under a Conditional Use Permit (C-1003-07) which specifically restricts operating hours from 6 a.m. to 12 a.m. The Minor Use Permit (MUP) request will revise the permitted operating hours for the drive through only to allow it to remain open for 24 hours, as is allowed in within the CFB zone with approval of an MUP. 2. The proposed use is consistent with the General Plan and any applicable specific plan: The General Plan Land Use designation of the subject property is Residential Mixed Use; there is no specific plan applicable to the subject property. Land Use Goal 5: States "Allow for and encourage the intensification of commercial uses in the corridors... to provide residents with essential goods and services". The request to allow the drive through to remain open 24 hours a day will provide a service to residents that is not offered at many restaurants throughout the City and Resolution No. 2008- April 30, 2008 MUP 2008-05 Page 2of3 will allow the restaurant to capture the business available between the hours of 12 a.m. to 6 a.m. 3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity.- The operating characteristics of the drive through are compatible with existing restaurant and the adjacent commercial uses. The operation of the drive through 24 hours a day would be compatible with the current approved operating procedures which are from 6 am to 12 am daily. The request would allow the drive through only, to remain open from 12 am to 6 am, with the parking lot and restaurant seating area closed. 4. The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints: The restaurant and drive through are already in place and functioning (C-2003-07, P-2003- 141 and V-2004-07). Allowing an increase in the number of hours the drive through is open to the public is suitable to the site and the type of development that is currently in place. 5. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.- Granting ocated:Granting the Minor Use Permit to allow the existing drive through to remain open 24 hours a day would not be detrimental to the public or materially injurious to persons or property in the vicinity. The proposed use is compatible with the other existing uses in the area, which consist of a convenience store and restaurant to the north, a restaurant to the east, a mortuary to the west and a residential home to the south. To accommodate the residence to the south the speaker box for the drive through will be required to have volume controls within the restaurant and meet required City noise standards at all times. SECTION 3: Based on the aforementioned findings, the Planning Commission does hereby, approve Minor Use Permit No. MUP 2008-05 for the property located at: 444 E. Foothill Boulevard, Azusa, California. SECTION 4: The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 30" day of April, 2008. Resolution No. 2008- April 30, 2008 MUP 2008-05 Page 3 of 3 AZUSA PLANNING COMMISSION CHAIRMAN I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Azusa at a regular meeting thereof held on the 30"' day of April, 2008, by the following vote of the Planning Commission: AYES: NOES: ABSENT: ABSTAIN: AZUSA PLANNING COMMISSION SECRETARY APR 14 2006 ZZ°F�Eco Q4AZgS���v April 13, 2008 Mr. Bruce Coleman Redevelopment Director, City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 RE: T-Burgers 24 hour drive-thru Dear Mr. Coleman: Per your notice regarding T-Burger's proposed 24 hour drive-thm plans, we would like you to know that we are in favor of them re-opening,however, we are not in favor of them being given a 24 hour drive thru Permit- We feel that such a permit would significantly add to the noise and trash problem in that area as is currently the situation across the street with Taco Tapatio. Therefore,we are asking that the 24 hour permit be denied and that you forward this information to the planning commission, and/or the city council. Sincerely, Richard Escobedo 629 N. Pasadena Ave. Azusa, CA 91702 Uriel Macias 625 N. Pasadena Ave. Azusa, CA 91702 Jimmy& Rose Murillo 621 N, Pasadena Ave. Azus C 91702 Taco Tapatio All complaints for 2006 and 2007 Foothill205 E. . Tapatio Date Complaint Type Meaning Time Report Filed 1/16/2006 487R Grand Theft Report 2:28 PM yes 1/21/2006 911 HU 911 Hang Up 1:11 PM no 4/3/2006 91 1H 911 Hang Up 4:54 PM no 4/23/2006 SUBJ Subject Check 9:36 PM no 5/7/2006 911 HU 911 Hang Up 7:05 PM no 6/19/2006 459A Burglary Alarm -Audible 7:34 AM no -false alarm 7/5/2006 AMC Azusa Municipal Code 1:16 PM no 9/30/2006 911HU 911 Hang Up 6:00 PM no 10/22/2006 925C Suspicious Circumstance 10:35 no 12/10/2006 2002R Hit and Run injury Report 12:00 PM yes 1/7/2007 911 HU 911 Hang Up 2:50 PM no 3/23/2007 91 1H 911 Hang Up 7:13 PM no 3/30/2007 AMC Azusa Municipal Code 2:48 PM no 4/13/2007 911 HU 911 Hang Up 6:58 PM no 6/3/2007 459 A Burglary Alarm -Audible 6:38 AM no 6/16/2007 459 A Burglary Alarm-Audible 7:10 AM no 7/29/2007 459 A Burglary Alarm -Audible 7:12 AM no 9/2/2007 594GR Graffiti Report 11:41 AM no L101/248/2007 NOTIFY Notification 3:55 PM no =25/2007 CITASST Citizen Assist 6:54 PM no Drive Throughs Open 24 Hours in Azusa , Police Calls for Service/Complaints Between the Hours of 12 AM - 6 AM Date Complaint Type Meaning Time Report filed 126 N. Azusa Avenue -Jack in the Box -Approx. 550 ft north of 210 Fvvy. 1/15/2006 415S Disturbance by subjects 3:10 AM no 4/6/2006 415S Disturbance by subjects 2:04 AM no 4/22/2006 415S Disturbance by subjects 2:35 AM no 6/4/2006 HBC Hailed by Citizen 2:16 AM no 6/4/2006 VCHK Vehicle Check 149 AM no 6/18/2006 415S Disturbance by subjects 12:37 AM no 6/24/2006 415S Disturbance by subjects 2:04 AM no 8/25/2006 415S Disturbance by subjects 2:50 AM no 8/27/2006 WELF Welfare Check 2:44 AM no 10/19/2006 594 Vandalism in Progress 1:23 AM no 12/3/2006 902 Non Injury Traffic Collision 2:28 AM yes 12/22/2006 SUBJ Subject Check 301 AM no 1/4/2007 925A Suspicious subjects in a vehicle 12:08 AM I no 2/19/2007 SUBJ Subject Check 4:05 AM no 7/8/2007 4155 Disturbance Subject 3:18 AM no 9/8/2007 WA Warrant Arrest 328 AM yes 9/21/2007 166.4 Court Order Violation in Process 12:02 AM yes 9/26/2007 911HU 911 Hang Up 12:12 AM no 10/7/2007 211S Silent Robbery Alarm 12:46 AM no -false alarm 11/1/2007 647F Drunk in Public 2:05 AM no Total Calls in 2 years - 20 0. S. Azusa Avenue - immediately North of 210 Fwy - Inside Shell Gas Station 2/11/2006 415E Disturbance - Fight 2:23 AM no 3/18/2006 HBC Hailed by Citizen 2:35 AM no 5/9/2006 AOD Assist other Department 2:56 AM no 5/29/2006 RECOV Vehicle Recovery 1:14 AM yes 6/26/2006 23152 Driving Under the Influence Misdemeanor 12:46 AM yes 7/11/2006 CITASST Citizen Assist 4:22 AM no 7/25/2006 SUBJ Subject Check 3:04 AM no 9/4/2006 23152 Driving Under the Influence Misdemeanor 1:16 AM no 10/3/2006 470R Forgery Report 2:43 AM yes urive I nrougns open z4 pours In Azusa Police Calls for Service/Complaints Between the Hours of 12 AM - 6 AM 12/16/2006 925S Suspicious Subjects 2:19 AM no 12/28/2006 647F Drunk in Public 1:56 AM yes 4/17/2007 WA Warrant Arrest 5:42 AM yes 4/27/2007 MANDOWN Person Down 12:37 AM no 6/16/2007 911 HU 911 hang Up 3:36 AM no 7/19/2007 BOV Broke Down Vehicle 5:21 AM no 7/28/2007 484 Petty Theft- Just Occurred/in Progress 12:16 AM no 10/4/2007 VIMP Vehicle Impounded 4:48 AM yes Total Calls in 2 years -17 877 E.Alosta Ave -Jack in the Box - (NWC Alosta and Citrus) Residential to the north 3/6/2006 925A Suspicious subjects in a vehicle 2:09 AM no 4/17/2006 925V Suspicious Unoccupied Vehicle 4:46AM no 5/23/2006 925S Suspicious Subjects 1:35 AM no 6/11/2006 647F Drunk in Public 3:46 AM Yes 7/14/2006 415N Disturbance Noise (Alarms/Lawn Mowers) 1:39 AM no 8/5/2006 23152 Driving Under the Influence Misdemeanor 2:11 AM no 8/6/2006 925A Suspicious subjects in a vehicle 12:10 AM no 9/17/2006 PPI Private Property Impound 12:49 AM yes 9/22/2006 415S Disturbance -Subjects 1:37 AM no 11/6/2006 415 Misc. Disturbance Calls 3:51 AM no 4/14/2007 925S Suspicious Subjects 12:42 AM no 6/4/2007 925C Suspicious Circumstance 3:27 AM no 10/7/2007 925S Suspicious Subjects 1:28 AM no 12/8/2007 925C Suspicious Circumstance 2:12 AM no Total Calls in 2 years -14 rr E. FoothillFoothill 4/16/2006 SUBJ Subject Check 12:25 AM no 5/4/2006 23152 Driving Under the Influence Misdemeanor 4:38 AM yes 6/4/2006 415E Disturbance - Fight 1:01 AM no 7/19/2006 925C Suspicious Circumstance 1:43 AM no 7/27/2006 459A Burglary Alarm Audible 4:50 AM no -false alarm 9/4/2006 SUBJ Subject Check 1:04 AM no 10/28/2006 415F Disturbance- Fight 1:50 AM no 1/2/2007 211S Silent Robbery Alarm 12:51 AM no e « Drive Throughs Open 24 Hours In Azusa Police Calls for Service/Complaints Between the Hours of 12 AM - 6 AM 4/1/2007 415F Disturbance - Fight 2:25 AM no 4/1/2007 415M Disturbance - Loud Music 2:16 AM no 4/4/2007 SUBJ Subject Check 3:53 AM no 4/11/2007 SUBJ Subject Check 1:23 AM no 6/13/2007 VCHK Vehicle Check 4:03 AM no 8/4/2007 SUBJ Subject Check 4:28 AM no 10/19/2007 647F Drunk in Public 3:19 AM no 10/30/2007 MEDAST Medical Assist 1:47 AM no 11/1/2007 925A Suspicious subjects in a vehicle 2:42 AM no 11/16/2007 647F Drunk in Public 3:33 AM yes 11/19/2007 VCHK Vehicle Check 1:08 AM no 3/0/07 4155 Disturbance - Subjects 2:12 AM no Total Calls in 2 years -20 Exhibit B J MEMORANDUM Date: June 10, 2008 To: Katherine Laufenburger, Contract Senior Planner From: Sam Gonzalez, Captain Subject: Minor Use Permit—Review for T-Burgers (MUP 2008-05) The owner of T-Burgers, 444 E. Foothill Blvd. (formerly Sunrise Cafe) has submitted an application for a minor use permit (MUP)to allow the food service drive through located at the existing restaurant to operate 24 hours a day. The drive through is currently permitted to operate from 6 a.m. to 12 a.m. seven (7) days a week. T- Burgers is located in Reporting District (R.D.) 322. A'statistical review of calls for service at the subject location and the number of Part I crimes for both the subject location and R.D. was performed. Moreover, there are a total of five (5) restaurants in the City that currently operate 24 hours a day, all week and/or weekends only. The five restaurants are as follows: 1. Taco King, 600 E. Foothill Blvd. - R.D. 323 (24 hours 7 days a week) 2. Jack In The Box, 126 N. Azusa Ave. - R.D. 121 (24 hours 7 days a week) 3. Del Taco, 106 S. Azusa Ave. - R.D. 141 (24 hours 7 days a week) 4. Jack In The Box, 877 E. Alosta Ave. - R.D. 324 (24 hours 7 days a week) 5. McDonalds, 980 E. Alosta Ave. - R.D. 224 (24 hours Fri. —Sun.) Therefore, a statistical review of calls for service was performed for the restaurants listed above and the number of Part I crimes for each restaurant and their respective R.D.'s were examined. The data obtained on the five referenced restaurants and T-Burgers are contained in the following graphs: Total Part I Reports by RD 8070 62 0 60 ,rs 4O — so k3sai :„ g io2006 40 -'� M 20007 ' 30 j -ge1s21 ozoos 20it f 100 Taco King Jbox- Deffaco Jbox- McD(224) Tburger (323) Azusa (141) Alosta (322) (121) (324) 1 Part I Reports at Location a l b l ase - 4 I � ❑ 2006 � 3 0 20007 2 - rhY' h i '& r - i $ - x L'u I 2 � L❑ _jj 1- f Taco King Jbox- DelTaco Jbox- McD TBurger Azusa Alosta Calls for Service per Location ao .E€`cw � ¢ e-p Y 44 F� 50 50 § -. _ dk'mx � mm. o2006i1. 40 „ 2007 I: `t1aq u` �, � F;µ3 xj D 2008.1; 30 20 10 Taco King Jack in the box Del Taco Jack in the box McDonalds T-Burgers -Azusa Ave. -Alost Ave. 2 The below table summarizes the calls for service made to the Police Department for the five restaurants operating a 24 hour drive through window: Restaurant 2006 37 8 45 Taco King 600 E. Foothill 2007 30 14 44 2008 14 1 15 2006 42 12 54 Jack in the Box 126 N. Azusa 2007 23 9 32 2008 18 4 22 2006 37 11 48 Del Taco 106 S. Azusa 2007 38 6 44 2008 16 2 18 2006 24 10 34 Jack in the Box 877 E. Alosta 2007 20 4 24 2008 10 3 13 2006 62 12 74* McDonalds 980 E. Alosta 2007 43 6 49 2008 1 20 1 4 1 24 *26 of these calls for service were for private property impounds It should be noted that Taco King, Jack in the Box on Azusa Ave. and McDonalds are all in close proximity to residential areas. Also, that Del Taco is located in the Shell gas station with a 24 hour convenience store; however, Del Taco and Jack in the Box on Alosta Ave. are not in close proximity to residential areas. Please feel free to contact me at extension 3218 if you have any questions or concerns, or if I can be of any further assistance. Sam Gonzalez, Captain Administrative Division 3 OF-A' CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY,JUNE 2,2008-6:30 P.M. The City Council of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium, located at 213 East Foothill Boulevard,Azusa, CA,91702. CLOSED SESSION Closed Sess The City Council recessed to Closed at 6:32 p.m. to discuss the following: Recess I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov.Code Sec. 549571 Pub Emp Title: City Manager City Mgr 2. REAL PROPERTY NEGOTIATIONS (Gov.Cade Sec. 54956.81 Real Prop Property Address: 17525 E.Arrow Hwy(N/E corner Azusa and Arrow) 17525 E.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 3. REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.81 Real Prop Address: 812 N.Azusa Avenue,Azusa, CA 91702 812 N. Azusa 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. 54956.81 Real Prop -- Address: 801 N.Alameda Avenue,Azusa, CA 91702 801 N. Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Alameda Negotiating Parties: John R. &Lillian O. Cortez, Cortez Family Trust Under Negotiation: Price and Terms of Payment 5. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION (Gov. Code Sec. 54956.9 Conf w/Legal ISL Redevelopment Agency of the City of Azusa v. Martin G. Habern et.al. Los Angeles Cnsl Habern Superior Court BC388145. The City Council reconvened at 7:30 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 Matthew Sena led in the pledge to the Flag. Flag Salute INVOCATION was given by Pastor Logan Westbrooks of Faith Temple Church of God In Christ Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA ABSENT: COUNCILMEMBERS: HANKS (entered the meeting 7:52 p.m.) ` ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Makshanoff, Police Chief Garcia, Public Information Officer Quiroz, Assistant Community Development Director McNamara, Administrative Services Director - Chief Financial Officer Kreimeier, Director of Recreation and Family Services Jacobs, Building Official Keyes, Tierra West Consultant Otemeotl, Clerlc Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION - Pub Part Mr. Mike Lee encouraged all to vote in the current election; expressed appreciation to the M. Lee American Soldiers, certain people, and businesses; congratulated Azusa for winning the Comments Planning Compass Award; noted events that took place i.e. Memorial Day and Mayor's Prayer Breakfast; and expressed his opinion regarding democratic candidates. Mr. Ted Garcia addressed Council stating that "no parking" signs have been posted on his side T: Garcia of the street, on Pasadena, from 7 am-Spm and noted that on other streets in the area signs Comments are posted from 8 am - 12 pm; he stated that the streets don't need to be swept weekly but every two weeks and asked if this was going on throughout the City; he is filing a complaint. Mr. Dennis Willut addressed Council stating the need for a new Library and riot a development; D.Willut a 10%reduction on Senior utility bills; and asked that the Library carry the Financial Times. Comments Councilmember Hanks entered the meeting at 7:52 p.m. Hanka ent mtg Ms. Sandra Rentschler addressed Council congratulating the City on receiving the Compass S. Rentschler Blueprint Excellence Award for Visionary Planning and Livability,_from Southern California Comments Association of Governments (SCAG). The award recognizes the City for incorporating new standards of aesthetics and architecture and embodying the concept of smart growth. Ms. Christina S. Ferris addressed Council with concerns about the RV parking issue, noting that C. Ferris the Code Compliance Committee worked hard and did a good Job studying the issue and Comments expressed her opinion to uphold their decision and the vote Council took months ago. Mr. Jorge V. Rosales, Chairperson of the Code Compliance Committee, addressed the issue of J. Rosales the RV parking, and submitted a letter for the record outlining the issue of RV parking on private Comments property. He provided a brief history of the matter and hoped that they make the right decision. With regard to item regarding use of the Armory, he urged Council to keep the decision to determine its use. He expressed his disappointment with staff's decision to submit an incomplete application for the Romvary property which is now owned by the Chins. Ms. Frances Melanson addressed Council and read from the Council minutes of September 4, F.Melanson 2007, RV parking issue and action as follows; "moved by Councilmember Gonzales, seconded Comments by Councilmember Macias and carried to approve the setback as eight feet from the curb face. Mayor Pro-Tem Hanks and Councilman Carrillo dissenting. Staff will work with City Attorney to create the final ordinance on the proposed changes to the City of Azusa Development Code". She asked that the vote be honored. Mr. Joe Hernandez, Ralph Rodriguez, Zachary Padilla, Marina Rodriguez, and Kati O'Neal Various requested that a Boxing Program be considered as an option for the Armory use, next to Speakers Memorial Park. Comments REPORTS,UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Rpts/Updates Assistant City Manager Makshanoff provided an update on Street Sweeping and Signage and J;Maksharioff responded to question stating that staff would check signs on Pasadena and in that area as Comments they should all be the same and sweeping should be the day after trash day. He provided Information noting that in April a newsletter was sent out to 17,000 residents detailingthe street sweeping process which began on May 1"; no citations have been given out and they could start a warning citation system and begin issuing citations on July 1", he is working with Officer Brewer on the process. He responded to questions and concerns posed by Councilmembers and all agreed to issuing warning citations at this time. Mr. Art Morales made the following comments: in favor of boxing programs at the Armory; A.Morales noted no parking for street sweeping hours are too long; RV parking should have a zero kine Comments setback; canopies should be allowed in rear yard,and there should be free swim. 06/02/08 PAGE TWO City Manager Delach introduced new executive employees as follows: Mr. Kurt Christianson, City Mgr new Economic and Community Development Director and Mr. Tito Alberto Haes, new Director Intro New of Public Works/Assistant City Manager. He also announced that Azusa has attained the Exe Emp designation of Tree City USA Award for the fifth year. - Moved by Councilmember Gonzales, seconded by Mayor Pro-Tem Carrillo and unanimously Cert of Rec carried to approve a Certificate of Recognition to Helen Perkins for volunteering at Rainbow H. Perkins Christian School. Moved by Councilmember Gonzales, seconded by Mayor Pro-Tem Carrillo and unanimously Cert of Rec carried to approve Certificates of Recognition to graduates of the Christbridge Academy. Christbridge Mayor Pro-Tem Carrillo congratulated graduates from Azusa, Gladstone and Sierra high schools Carrillo and reminded all that kids will be out for the summer and to use caution when driving. Comments Councilmember Gonzales announced the following: AYP Barbeque on Saturday, June 7'h; call Gonzales (626) 812-5280) for more information, Kids Come First Golf Tournament on June 13' call(626) Comments 812-5195; and Casino Night, Friday,June 20' call him for Information at (626) 391-9672. Councilmember Macias congratulated and thanked kids of the Mariachi After School Program; Macias congratulated the American Legion and Eagles Officers installed over the weekend and the Comments Helping Hands for the benefit held. Councilmember Hanks asked that the meeting be adjourned in memory of Mr. Ed West, former Hanks city employee and volunteer at the Azusa and Glendora senior centers. He spoke about the Comments ICSC Conference (shopping center conference) which he stated is a great event held in Las Vegas. He then attended the SCAG meeting where he was pleased and honored to receive, on behalf of the City, the Compass Blueprint Excellence Award for Visionary Planning and Visibility; he congratulated Planning Staff and explained what the Compass Program is about. He congratulated Alex Connelly on attaining the rank of Eagle Scout and congratulated his parents for their support and parenting; he shared highlights of the event and endearing thoughts of Alex's grandfather, who was also a Scout. Mayor Rocha announced the Free Yard Sale on the upcoming weekend; announced that Los Rocha Angeles County Sanitation conducted a Household Hazardous Waste event over the weekend Comments and provided statistics of items collected; he asked that the memo from Director of Recreation and Family Services Jacobs regarding free swim be agendized for next meeting. City Manager Delach announced that there was a brush fire in the area of the old gun club and City Mgr Los Angeles County Fire responded quickly and contained it within 2-3 hours. Comments SCHEDULED ITEMS Sched Items PUBLIC HEARING — ON THE APPROVAL OF AN URGENCY ORDINANCE OF THE CITY Pub Hrg COUNCIL OF THE CITY OF AZUSA IN ACCORDANCE WITH GOVERNMENT CODE SECTION Mora Temp 65858 EXTENDING FOR A PERIOD OF TEN (10) MONTHS AND FIFTEEN (15) DAYS A Massage bus MORATORIUM TEMPORARILY PROHIBITING THE ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS. City Attorney Carvalho addressed the Hearing stating that this is a follow up on action taken on City Attorney April 2 1" adopting an urgency moratorium on massage businesses; the law allows to extend Comments the moratorium ten months and fifteen days after the Public Hearing and requires a report from staff showing actions that have been taken since April, i.e. plans to address the issues which , are regulatory (license) and where businesses can be located within the City. She stated that there are a couple of operators who are lawfully operating; two businesses were in the process and prior to their completion the City adopted the moratorium and because they paid money and were granted some permits by the City they would be grandfathered in at this time. The Mayor declared the Hearing open. The City Cleric read the affidavit of proof of publication Hrg open of said Hearing published in the San Gabriel Valley Tribune on May 21"2008. Mr. Jong Hwan Lee addressed the Hearing stating that he has owned and operated a massage J. Lee business in Azusa for several years as well as one in Pasadena; he now wishes to sell his Comments business and asked how the moratorium would impact the sale. City Attorney Carvalho stated City Attorney that the urgency ordinance will apply to new businesses and the approval of any permit for the Response businesses; the new operators will be subject to the regulatory laws. 06/02/08 PAGE THREE Mr. Art Morales addressed the Hearing Inquiring whether the City would be forced to accept A.Morales applications for these types of businesses once the moratorium is over. He asked the location Comments of the businesses and if they can be away from schools, churches, day cares, etc. He is in favor of the moratorium. City Attorney Carvalho provided addresses of existing massage businesses, two in the process City Attorney and one that will actually be covered by the moratorium; a subcommittee will be reviewing the Comments applications to see if they meet recommendations and the business transfer would be approved if it could meet regulatory laws; any one who was currently in the process of selling and had an actual negotiation with a buyer. Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously Hrg Clsd carried to close the Hearing. Mayor Pro-Tem Carrillo offered and Urgency Ordinance entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA IN ACCORDANCE Urs Ord No. WITH GOVERNMENT CODE SECTION 65858 EXTENDING FOR A PERIOD OF TEN (10) 08-04 MONTHS AND FIFTEEN (15) DAYS A MORATORIUM TEMPORARILY PROHIBITING THE Extending ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND ADOPTION OF Moratorium REGULATORY AND ZONING STANDARDS. Massage Bus Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Hanks to waive further reading and adopt. Urgency Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE - PROPOSED ORDINANCE AMENDING PORTIONS OF THE AZUSA DEVELOPMENT CODE Prop Ord CONCERNING VEHICLE PARKING AND STORAGE REGULATIONS, COMMERCIAL, OVERSIZED Veh Pkg, AND RECREATIONAL VEHICLE PARKING AND STORAGE REGULATIONS ON PRIVATE storage&temp PROPERTY AND TEMPORARY SIGN AND TENT REGULATIONS. signage City Manager Delach addressed the issue stating that the proposed ordinance language which City Mgr was previously approved by Council is presented and the Planning Commission had voted to Comments include new language which would allow for an 8 foot setback from the property line, but it was not incorporated into the ordinance. He provided background regarding the Code Compliance Committee who made recommendations to Council regarding RV parking, temporary structures and signs ordinances and the City attorney was directed to put into law. The ordinance is now before Council. Lengthy discussion was held between Councilmembers and staff regarding the issue of the Discussion setback for vehicles as well as portable structures In the rear yard. The ordinance was approved by Council as presented and the section of discussion was approved as follows: Section I (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". Councilmember Gonzales offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING I"Rdg Ord PORTIONS OF THE AZUSA DEVELOPMENT CODE CONCERNING VEHICLE PARKING AND Veh pkg,& STORAGE REGULATIONS, COMMERCIAL, OVERSIZED AND RECREATIONAL VEHICLE PARKING storage temp AND STORAGE REGULATIONS ON PRIVATE PROPERTY AND TEMPORARY SIGN AND TENT Signage REGULATIONS. Moved by Councilmember Gonzales, seconded by Councilmember Macias and carried by roll call to waive further reading and introduce the proposed ordinance. Mayor Pro-Tem Carrillo dissenting. RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION TO RENOVATE THE Armory Use FORMER NATIONAL GUARD ARMORY SITE AS A MULTI-USE FACILITY UNDER THE Recommend ADMINISTRATION OF THE CITY OF AZUSA RECREATION AND FAMILY SERVICES Pti,R Com DEPARTMENT. 06/02/08 PAGE FOUR Park and Recreation Commissioner Jose Torres addressed the issue detailing the background J.Torres regarding the National Guard Armory; he advised that the Commission is recommending to use Comments the Armory Building as a Multiuse Facility just like the recreation facility at Memorial Park with no permanent tenancy; an application; review process; and to mirror the successes of the Senior.Center and other recreation facilities. Question and answer session ensued between Councilmembers and staff regarding grant Question/ funding, youth boxing club, repair and upgrade of the facility, non-profit organizations, rental Answer for receptions/gatherings, renovation, use of rooms at Memorial Park, tutoring programs, ADA Session Compliance, teen center concept, etc. Commissioner Pam Mercado responded to question of a teen center noting that it has been researched, but the factor is funding. Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously Park&Rec carried to approve recommendation of the Parks and Recreation Commission that the former Recommend National Guard Armory at 340 N. Orange Place be renovated as a multi-use facility under the Approved administration of the City of Azusa Recreation and Family Services Department. RESOLUTION APPROVING ISSUANCE OF PENSION OBLIGATION BONDS. Administrative Resolution Services Director - Chief Financial Officer Kreimeier addressed the issue stating that the item Approving was presented at a previous meeting and the POB's would save the City $600,000 over six POB years. He responded to question posed. . Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, PROVIDING Res.08-C40 FOR THE ISSUANCE OF ONE OR MORE SERIFS OF CITY OF AZUSA TAXABLE PENSION Pension OBLIGATION BONDS,AND APPROVING THE FORMS OF AND AUTHORIZING THE EXECUTION Obligation AND DELIVERY OF AN INDENTURE RELATING THERETO, AND AUTHORIZING A VALIDATION Bonds ACTION AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. Moved by Councilmember Hanks, seconded by Mayor Pro-Tem Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES. CARRILLO,MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PROPOSED ORDINANCE DESIGNATING HIGH FIRE HAZARD SEVERITY ZONES IN WILD LAND Prop Ord URBAN INTERFACE AREAS. Building Official Keyes addressed the issue displaying a map of the Designating proposed designated area of the High Fire Hazard Severity Zones from CAL Fire, noting the HFHSZ target date is July I, 2008 and that it corresponds with Chapter 7 A of the 2007 California R. Keyes Building Code and it contains specific fire prevention construction requirements, i.e. ignition Building Official resistant construction, Class A roofing materials, roof and wall vents that reduce the intrusion of embers, sparks and Flames, protection of roof gutters, etc. He responded to questions posed by Councilmembers. He also presented two other maps regarding zones which are moderate and high fire zones that are not required. Mr. Jay Lopez and Mr. Brian Batice of the Fire Department - Forestry and Fire Protection and J. Lopez& Code and Mr. Brian Batice of the Los Angeles County Fire Department, Fire Prevention Codes B. Batice and Ordinances, responded to questions posed by Councilmembers and explained what makes Fire Depart. the areas high risk. - Mayor Pro-Tem Carrillo offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DESIGNATING I"Rdg Ord VERY HIGH FIRE HAZARD SEVERITY ZONES AND WILDLAND URBAN INTERFACE AREAS. HFHSZ Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to waive further reading and Introduce the proposed ordinance. FORMATION OF A COUNCIL SUB-COMMITTEE TO REVIEW QUALIFICATIONS OF LANDSCAPE Sub-Committee ARCHITECT/DESIGN SERVICES IN RELATION TO IMPROVING THE CONDITION OF FREEWAY Review Lndscp ON &OFF-RAMPS. Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Gonzales Architect and unanimously carried to appoint Councilmember Macias as one of the Councilmember to Design Svs be on the Sub-Committee. Moved by Councilmember Macias, seconded by Mayor Rocha and Macias & unanimously carried to appoint Mayor Pro-Tem Carrillo to be on the Sub-Committee. Carrillo 06/02/08 PAGE FIVE The CONSENT CALENDAR consisting of Items D-1 through D-14 was approved by motion of Consent Cal Councilmember Hanks, seconded by Councilmember Gonzales and unanimously carried with Approved the exception of item D-10, which was considered under the Special Call portion of the D-10 Spec Call Agenda. I. The minutes of the regular meeting of May 14, 2008,were approved as written. Min appvd 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or Regular Appointments: L Rogers, B. Parra, W.Johnson, H. Items Quintero, K. Pilmer, and T. Rasmussen. New Appointment: Manuel Golmes and Emanuel Cardosa,Water Distribution Worker I. Reclassification: Andrew Cawte, Revenue Supervisor effective 6/3/08. 3. The City Treasurer's Report as of April 30,2008 was received and filed. Treas Rpt 4. The purchase of eight (8) Code-3, 2100 Series emergency light bars to the lowest Purchase responsible bidder, Espino's Cop Shop Inc., 9851 Eighth Street, Suite M. Rancho Emergency Cucamonga, CA 91730, in the amount of$15,432.42,was approved. Light Bars 5. Staff was directed to conduct a mandatory review of the Conflict of Interest Codes for Biennial Rpt the City of Azusa and submit required Biennial Report. Conflict of Int 6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res.08-C41, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA CLEAN In support of . WATER, CLEAN AIR, SAFE NEIGHBORHOODS, AND COASTAL PROTECTION BOND ACT Subject Project 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 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res. 08-C42, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA CLEAN In Support of WATER, CLEAN AIR, SAFE NEIGHBORHOODS, AND COASTAL PROTECTION BOND ACT Subject Project 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 8. The new classification specification for the position of Principal Civil Engineer along with New Class recommended salary range, recommended by the Personnel Board pursuant to the City Principal Civil of Azusa Civil Service Rules Section 3.3,was adopted by the City Council. . Engineer 9. The reclassification of staff member Andy Cawte from Business Resource Officer to Reclass Revenue Supervisor and the new class specification along with the recommended salary Revenue range as recommended by the Personnel Board pursuant to City of Azusa Civil Service Supervisor Rules Section 3.3 and 3.9 was approved. 10. SPECIAL CALL ITEM. Spec Call 1 I. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, ESTABLISHING AN Res.08-C43 AMENDED APPROPRIATIONS LIMIT FOR THE F15CAL YEAR 2008-09 PURSUANT TO Appropriation ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION. (Appropriations Limit of Limit 08/09 $45,045,512 for the 2008/09 fiscal year.) 12. The draft resolutions for application of Rivers and Mountains Conservancy Grants related Draft Resos to open space, trails and greening opportunities in the City of Azusa, were reviewed and RMC appvd approved 13. The request from Office Specialist II, for a Leave of Absence without pay from April 6, LOA Office 2008 through July 23, 2008, in accordance with the City of Azusa Civil Service Rules, Specialist 11 Section 6.8,subsection 6.8.1 Authorization, was approved. 14. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res.08-C44, CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. 06/02/08 PAGE SIX SPECIAL CALL ITEMS Special Call Items Assistant City Manager Makshanoff responded to question regarding the.position of Public Assist City Mgr Works Inspector stating that the position would be under the chain of command of City Comments - Engineer and it would inspect public works projects such as streets, storm drains, traffic lights, curb.and gutters and driveways. Moved by Councilmember Hanks, seconded by Mayor Pro-Tem Carrillo and unanimously New Class carried to approve the new classification specification for the position of Public Works Pub Wrks Insp Inspector along with recommended salary range as recommended by the Personnel Board Approved pursuant to City of Azusa Civil Service Rules Section 3.3. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 10:39 CnCUCRA P.M.TO CONSIDER THE FOLLOWING: convene jntly JOINT PUBLIC HEARING - TO CONSIDER ADOPTION OF A REDEVELOPMENT PLAN Joint Pub Hrg AMENDMENT FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END Plan Amend REDEVELOPMENT PROJECT AND CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT. Director Hanks and Director Gonzales left the dais and abstained from participation in the Gonzales following item due to a conflict of interest. Both were selected by random ballot not to Hanks participate in the Plan Amendment. Abstained Director Carrillo offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA BOARD OF Res. 08-1122 DIRECTORS APPROVING THE REPORT TO THE CITY COUNCIL IN CONNECTION WITH THE Appvg rpt PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL To Cncl BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AND AUTHORIZING TRANSMITTAL OF THE REPORT TO THE CITY COUNCIL. Moved by Director Carrillo, seconded by Director Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Board Members: AYES: DIRECTORS: CARRILLO, MACIAS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE ABSTAIN: DIRECTORS: GONZALES, HANKS Mayor Pro-Tem Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING FROM THE Res. 08-C 45 REDEVELOPMENT AGENCY THE REPORT TO CITY COUNCIL IN CONNECTION WITH THE Accptng Rpt PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL From CRA BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA AND RELATED ENVIRONMENTAL IMPACT REPORT. Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: CARRILLO, MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: GONZALES, HANKS Mr. Mike Garcia Consultant of Tierra West Advisors addressed the Joint Public Hearing stating M. Garcia that three community information meetings have been conducted and many meetings with Tierra West county offices regarding the Redevelopment Plan Amendment and two objection letters have Consultants been received and pursuant to the Health and Safety Code there is a need to open the Joint public hearing, receive testimony and continue it to another meeting in order to acknowledge the objections submitted. - The Mayor/Chairman declared the Public Hearing open. The City Clerk/Secretary acknowledged Pub Hrg that she had proof of publication of notice of said Hearing published in the Azusa Herald on Open May I, 8, 15, and 22, 2008. Objection letters were received from Daybell Nursery and Thomas Kang. 06/02/08 PAGE SEVEN Ms. Carolyn Daybell, of Daybell Nursery, Porterville, California, addressed the Joint Public C. Daybell Hearing, objecting to the proposed amendment on the grounds of reverse discrimination, self- Comments aggrandizement, and the lack of respect for the history of the City of Azusa. She stated that small businesses will be displaced and lose revenues, while economic and location Incentives are being extended to big businesses. Mr.Art Morales agreed with Ms. Daybell and advised of businesses lost to redevelopment over A. Morales the years. Comments Mr. Mike Lee expressed his opposition to eminent domain stating that it is like a dictatorship, M. Lee forcing people to move. - Comments Moved by Mayor Pro-Tem/Director Carrillo, seconded by Councilmember/Director Macias and Hrg Closed and unanimously carried to close the Joint Public Hearing and continue it to the meeting of June 16, Continued to 2008. June 16`h. It was consensus of Council/Board Member to recess at 10:55 p.m. The City Council and Board Recess Members reconvened at 10:58 p.m. Reconvened THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONTINUED AT 10:58 P.M. CRA convene THE CITY COUNCIL RECONVENED AT 11:04 P.M. - Cncl rcnvd ORDINANCES/SPECIAL RESOLUTIONS Ord/Spec Resos Councilmember Hanks offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING Ord No.08-05 THE AZUSA MUNICIPAL CODE REGARDING NOISE SOURCE STANDARDS. Re: Noise 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 It was consensus of Councilmembers to adjourn In memory of Ed West. Adjourn in Memory E. West UPCOMING MEETINGS: 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 8, 2008, (Tuesday) City Council Meeting-6:30 p.m. (Auditorium) July 21, 2008, City Council Meeting-6:30 p.m. (Auditorium) . TIME OF ADJOURNMENT: 11:06 P.M. CITY CLERK NEXT RESOLUTION NO.2008-C46. NEXT ORDINANCE NO.2008-06. 06/02/08 PAGE EIGHT / �y'Ocr 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 tWvD DATE: JUNE 16, 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 June 10, 2008, the Personnel Board confirmed the following Department Head recommendation regarding the following Personnel Action requests. A MERIT INCREASE AND/OR REGULAR APPOINTMENT DEPARTMfN7NAIVE '- ` `CLASSIFICATION TACTJONtRANGE)STEP . ; PD Nick Covarrubias Police Officer Merit Inc. 6101/3 5-23-2008 $5,578.71 PD Sam Jauregui Jail, Fleet and Facilities Merit Inc. 9164/2 Coordinator 6-17-2008 $3,448.89 PD Mathew Hendricks Police Officer Reg. Appt. 6101/2 4-21-2008 $5310.75 PD Tamara Patlogar Community Service Officer- Reg. Appt. 9170/5 Field 12-03-2007 $4313.11 UTL Derek Baird Water Distribution Worker I Merit Inc 5167/2 5-28-2008 $3,805.83 B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to the Rules of The Civil Service System. DEPARTMENT NAME' CLASSIFiGATION A EFFECTIVEDA1rEj1RANGE/STEP p� _ pjsASE MOISALARY � ° PD Lauren Santamaria Police Dispatcher Pending Physical 9164/1 &Finger Prints $3,489.35 C. FLEXIBLE STAFFING PROMOTION: The following Flexible staffing promotional appointments have been requested by department.head(s) pursuant to the Rules of the Civil Service stem. ,DEPARTMENT, NAME LkVN yl- A'- "CLAWFPZA!16 NW'- ;ftW- 1FFECT1V,E 1 ANGE 6DATE' f3ASE LARY RFS Jennifer Retana From: Office Specialist 1 05/22/2008 4143/5 To: Office Specialist 11 $3,388.86 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. CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: VERA MENDOZA, CITY CLERK?%/� DATE: JUNE 16, 2008 SUBJECT: PURCHASE OF A NEW OPTO-MARK BALLOT COUNTER FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD MARCH 3, 2009. RECOMMENDATION It is recommended that the City Council, in accordance with Azusa Municipal Code Section 2-518 (b), approve the purchase of a new Opto-Mark Ballot Counter from. Martin & Chapman Company, Election Suppliers, and authorize the issuance of a purchase order in an amount of not to exceed $16,454. BACKGROUND The City Clerk's Office purchased the current Reader/Processor/Printer approximately twenty years ago and it has been used in many elections. Our election supplier is discontinuing the use of the metal suitcase unit for the ballot counting system. The unit is used exclusively with the punch-card ballots and these suitcase units have become antiquated and difficult to maintain and repair. We are not sure how long punch-card will be a certified voting system with the Secretary of State's office. The technology we will be changing to is the Opto-Mark, which is consistent with County Elections and a more user-friendly system containing newer technology as needed. FISCAL IMPACT The purchase has been budgeted in the 2008/09 City Clerk Outside Services and Repair Account No. 10-15-210-000-6493. Prepared by C. Toscano, Assistant City Clerk 1 3 +t� CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/CFO VIA: F. M. DELACH, CITY MANAGER 41 DATE: JUNE 16, 2008 SUBJECT: BLANKET PURCHASE ORDERS OVER $10,000 FY 2008/2009 RECOMMENDATION It is recommended that City Council approve the issuance of the blanket purchase orders detailed on the attached schedule under the provisions of Section 2-523 of the Azusa Municipal Code. BACKGROUND Each year at this time, City Council approves blanket purchase orders that are over the amount of $10,000, for the upcoming fiscal year. These purchase orders are good for I year, expiring on June 30, 2009. They are used to make repetitious purchases for goods and or services, or monthly, quarterly, or bi-annual payments for existing contractual agreements throughout the year. The amounts of these blanket purchase orders are estimates, and no monies are encumbered against them until a purchase is made. Therefore there is no immediate impact to the General Fund. Attached to this report is a listing of those blanket purchase orders. FISCAL IMPACT Monies for these blanket purchase orders have been budgeted in the proposed 08/09 Fiscal Year Operating Budget by their respective departments. CITY OF AZUSA BLANKET & CONTRACT PURCHASE ORDERS $10,000.00 AND M( FISCAL 2008/2009 ANNUAL EST.DIV/DEPT. RECOMMENDED VENDOR: $ 4,000,000.00 Light&Water APS (Arizona Public Service) $ 25,000.00 Light&Water AT&T $ 24,999.00 Police AT&T Mobility $ 20,000.00 Transportation Access Services Inc. $ 20,000.00 Recreation/Parks Acosta Growers $ 15,000.00 Public Works Advanced Infrastructure Tech. $ 70,000.00 Public Works Air-Ex Air Conditioning $ 20,000.00 Light &Water Altec Industries Inc. $ 13,000.00 Police American Mobile Wash $ 20,000.00 Light&Water AppleOne Employment Services $ 225,000.00 Public Works Athen's Disposal Co. $ 60,000.00 Information Services Avaya $ 20,000.00 Facilities B & K Electric Wholesale $ 3,000,000.00 Light &Water BP Energy $ 150,000.00 Light &Water Badger Meter Inc. $ 30,000.00 Library Baker& Taylor $ 50,000.00 Light &Water Barclays Bank PLC. $ 150,000.00 Light &Water Basic Chemical $ 18,576.00 Light&Water Bell Building Maintenance $ 104,820.00 Public Works Bell Building Maintenance $ 150,500.00 Citywide Best, Best & Krieger $ 20,000.00 Light&Water Birthinee Electric $ 74,000.00 Information Services Bi-Tech $ 62,000.00 Engineering Boghossian &Assoc., George $ 200,000.00 Light&Water Bonneville Power $ 300,000.00 Light&Water Burbank, City of $ 20,000.00 Light&Water Caine &Weiner $ 25,000.00 Information Services CDWG . $ 28,000.00 Engineering Calif. Dept. of Transportation $ 2,000,000.00 Light&Water Calif. Dept. Water Resources $ 2,800,000.00 Light&Water California Independent Systems Operator $ 50,000.00 Light&Water Calpine Energy $ 40,000.00 Public Works Cardlock Fuels $ 24,999.00 Police Cingular* $ 31,200.00 Information Services CivicPlus $ 90,000.00 Light&Water Civiltec Engineering $ 24,999.00 Light& Water Clinical Lab of San Bernardino $ 25,000.00 Information Services Cognos Corp. $ 200,000.00 Light& Water Colburn, Thomas $ 70,000.00 Public Works Comeland Maintenance $ 24,999.00 Police Communications Center $ 10,000.00 Public Works Community Auto Body $ 50,000.00 Light&Water Conoco Phillips $ 50,000.00 Light& Water Constellation Energy Commodies Group $ 3,000,000.00 Light&Water Coral Power LLC $ 25,000.00 Information Services Cognos Corp. $ 10,000.00 Public Works Covina Rents Inc. $ 31,800.00 Police DSD $ 11,000.00 Police Debilio Distribution $ 1.0,500.00 Garage Dick's Auto Supply $ 10,000.00 Public Works Dunn Edwards Corp. $ 87,000.00 Light&Water Dynergy Power Marketing Inc. $ 29,880.00 Light&Water E & L Landscape Services $ 100,000.00 Light &Water E & R Construction Inc. $ 78,000.00 Citywide Economy Auto Center $ 12,000.00 Light&Water Eisel Enterprises $ 37,500.00 Police EI Monte, City of $ 12,000.00 Light &Water E-Signal $ 140,000.00 Transportation Foothill Transit Authority $ 22,000.00 Light&Water Foster Corp., R. C. $ 10,000.00 Public Works Four SlTraffic Marking Supply $ 200,000.00 Light&Water General Pump Co., Inc. $ 12,000.00 Public Works Glenn's Refrigeration $ 12,000.00 Light&Water Haaker Equipment Co. $ 58,000.00 Information Services Hewlett Packard $ 20,000.00 Streets Hkway Safety $ 50,000.00 Public Works Holiday Rock $ 62,000.00 Citywide Home Depot $ 24,999.00 Public Works Hughes Utilities Ltd. $ 10,000.00 Public Works Hose Man $ 24,999.00 Light&Water Hunter Electric $ 15,000.00 Public Works Hydrex Pest Control $ 15,000.00 Recreation/Parks Hydro Connections $ 10,000.00 Public Works ICI Dulux Paint Center $ 15,000.00 Public Works Immediate Response $ 225,000.00 Light &Water Infosend $ 37,500.00 Light&Water Integrity $ 50,000.00 Light&Water International Flow Technologies Inc. $ 18,000.00 Citywide Iron Mountain Storage $ 17,000.00 Light&Water Itron Inc. $ 60,000.00 Recreation/Parks J &J Sports&Trophies $ 10,000.00 Public Works K V Blueprint $ 3,792,275.00 Police LACO Fire Dept.' $ 12,000.00 Police LACO Sheriffs Department $ 30,000.00 Engineering L.A. County Dept. of Public Works $ 75,000.00 Streets La Works/Human Svc. Consortium $ 50,000.00 Police L.A. County Superior Court $ 28,000.00 Public Works Labor Ready $ 47,200.00 Finance Lance, Sall, Lunghard $ 100,000.00 Light&Water Lehman Brothers $ 15,000.00 Public Works Lewis Saw& Lawnmower $ 40,000.00 Library Library &Associates $ 150,000.00 Light&Water Lightning Oil &Vacuum $ 150,000.00 Light&Water Los Angeles Dept. Water Power $ 22,000.00 Light&Water McAvoy & Markham $ 1,750,000.00 Light& Water Main S.G.V. Watermaster $ 15,000.00 Police Manning & Marder $ 10,000.00 Public Works Marx Bros. Fire Ext. $ 18,000.00 Information Services Matrix $ 15,000.00 Light& Water May Tool $ 16,380.00 Police McNeil Alarm Services* $ 25,000.00 Economic Dev. Melad &Associates $ 165,000.00 Transportation Metrolink $ 200,000.00 Light&Water Morgan Stanley Capital Corp. $ 99,000.00 Senior Programs Morrison's Food Services $ 20,752.00 Police Motorola* $ 35,000.00 Citywide Nextel $ 15,000.00 Public Works Nixon Egli $ 300,000.00 Light & Water Northern Calif. Power Agency $ 10,000.00 Light &Water One Source Distributors $ 13,000.00 Light &Water Ontario Refrigeration $ 11,000.00 Light&Water Open Access Technology International $ 20,000.00 Engineering P.A. &Associates $ 1,200,000.00 Light&Water Pacificorp $ 20,000.00 Public Works Pacific Mobile Services $ 100,000.00 Public Works Pacific Products & Svc. $ 180,000.00 Light&Water Pasadena, City of $ 15,000.00 Public Works Pat's Tire Service $ 20,000.00 Light&Water Performance Meter $ 15,000.00 Streets Pervo Paint $ 20,000.00 Light& Water Preventive Mobile $ 49,500.00 Light & Water Proforma Quality Printing $ 10,000.00 Public Works Pro Pipe $ 800,000.00 Light& Water Public Service Co. of New Mexico $ 420,000.00 Light&Water Radiant Energy Sources $ 300,000.00 Light&Water Riverside, City of $ 99,000.00 Engineering Republic Electric $ 10,000.00 Public Works Roadline Products $ 71,000.00 Light & Water SC Fuels $ 50,000.00 Public Works SC Fuels $ 520,000.00 Light&Water Sager, G.M. $ 1,500,000.00 Light&Water Salt River Project $ 211,805.00 Police San Gabriel , City of $ 150,000.00 Light &Water San Gabriel Basin Water Master $ 45,000.00 Light&Water San Gabriel River Water $ 10,000.00 Public Works Sase Company $ 300,000.00 Light & Water Sempra Energy Training $ 15,000.00 Public Works Simplex Grinnel $ 24,000.00 Information Services Sirsi $ 29,999.00 Light&Water Smith & Sons, R.E. $ 60,000.00 Facilities So. Cal Gas Company $ 70,000.00 Light&Water So. Calif. Edison Company $ 1,500,000.00 Light& Water So. Calif. Edison Company $ 980,000.00 Public Works So. Calif. Edison Company $ 10,000.00 Light &Water So. Calif. Joint Pole Committee $ 15,000,000.00 Light &Water So. Calif. Public Power Authority $ 200,000.00 Citywide So. Cal Uniform Rental $ 30,000.00 Public Works Southeast Concrete $ 10,000.00 Light&Water Southeast Power Hughes $ 980,000.0b Engineering Southern Calif. Edison $ 20,000.00 Streets Spragues Ready Mix $ 13,000.00 Information Services Sprint $ 10,000.00 Public Works Street Wize $ 50,000.00 Light&Water Structure Group, The $ 100,000.00 Light&Water Summitt Research Labs $ 24,900.00 Transportation Sureteck Inc. $ 124,000.00 Light&Water Systems & Software $ 25,000.00 Engineering TECS Enviornmental $ 18,000.00 Public Works Teletronic Alarm Service $ 20,000.00 Public Works TMS Restoration $ 10,000.00 Public Works Tool Team $ 10,000.00 Public Works Traffic Control $ 43,000.00 Light&Water TruGreen Lawncare $ 15,000.00 Public Works Tucker, J.G. &Son $ 15,000.00 Police Turbo Data $ 300,000.00 Light&Water UBS AG $ 29,000.00 Light &Water United Maintenance Systems $ 20,000.00 Light &Water United Pumping Service $ 20,000.00 Public Works United Traffic Service $ 1,000,000.00 Light&Water Upper S.G.V. Municipal Water District $ 18,000.00 Police Verizon Wireless $ 30,000.00 Information Services Verizon $ 10,000.00 Public Works Vista Paint $ 25,000.00 Public Works Voyager $ 20,000.00 Public Works Vulcan/Cal-Mat $ 50,000.00 Light&Water Vulcan/Cal-Mat $ 427,035.00 Police Wackenhut Corp. $ 133,000.00 Light&Water West Coast Arborists $ 350,000.00 Recreation/Parks West Coast Arborists $ 30,000.00 Light&Water Westerly Meter Service Co. $ 20,000.00 Light &Water Western Area Power Admin. $ 300,000.00 Light&Water Western Water Works $ 25,000.00 Economic Dev. Willdan &Associates $ 25,000.00 Citywide Y Tire Sales $ 10,000.00 Facilities Zumar Industries REDEVELOPMENT AGENCY BLANKETS $10,000 AND OVER $ 40,000.00 Redev. Best, Best& Krieger $ 350,000.00 Redev. Tierra West Advisors t r U x T CALENDAR TO: HONORABLE MAYOR AND MEMBERSC" ITY C CIL FROM: JAMES MAKSHANOFF, ASSISTANT ITY MAN ER VIA: F.M. DELACH, CITY MAN GER DATE: JUNE 16`h, 2008 SUBJECT: ESOL ION PPOSIT N TO THE PROPOSED TOLL LANES ON HE l- AN -2 FRE AYS. RECO DAT N It is re mmended that th City Council approve a resolution in opposition to the propose conversion of isting high occupancy vehicle (HOV) lanes to toll (HOT) lanes on h 1-210 and I 0 Freeways BACKGRO On April 24, 0 the Los Angeles County Metropolitan Transportation Authority (LACMTA) auth !zed its Chair and Chief Executive Office to execute a Memorandum of Understan 'ng with the United States Department of Transportation (USDOT) to convert high occupancy vehicle (HOV) lanes on Interstate 10 and Interstate 210 to high occup ncy toll (HOT) lanes. An incentive to the lane conversion project is an allocatio of $213.6 million in Federal funds to Los Angeles County by the USDOT. Althoug Federal funds cannot be used directly for the implementation of the HOT lanes, ere is flexibility to swap regional funds that could be used for the conversion. The City of Azusa is supportive of regional and statewide efforts to increase the use of public transportation, improve commuter mobility, and relieve congestion; staff believes the conversion of HOV lanes to HOT lanes will not necessarily relieve congestion. e Staff believes that the program will penalize HOV lane users that are actually helping our congestion and regional mobility needs. The proposed program would burden commuters that are part of the solution with the financial hardship resulting out of this proposal. The proposal would discourage carpooling, and force these carpooling commuters to join the already congested lanes. Staff is also concerned that taking carpooling vehicles off of HOV lanes would convert these commuters to be single passenger vehicles resulting in an increased number of vehicles in our already crowded freeways and resulting in worsening congestion. Lastly, the City of Azusa desires to protect our own community members from the unfair financial hardship and burden that his program would place on our community. FISCAL IMPACT None Attachments: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS OPPOSITION TO THE CONVESION OF EXISTING HIGH OCCUPANCY VEHICLE (HOV) LANES TO HIGH OCCUPANCY TOLL (HOT) LANES ON THE I-210 AN I-10 FREEEWAYS. WHEREAS, The City of Azusa is supportive of regional and statewide efforts to increase the use of public transportation, improve commuter mobility and relieve congestion; and WHEREAS, the City believes that converting high occupancy vehicle (HOV) lanes to high occupancy toll (HOT) lanes will not relieve congestion; and WHEREAS, the lane conversion program will penalize HOV lane users that are helping our congestion and regional mobility needs, and will burden commuters that are part of the solution; and WHEREAS, the City is concerned that the unintended consequences that this program will cause will make our regional congestion worse; and WHEREAS, the lane conversion program will discourage carpooling, and force these carpooling commuters to join already congested lanes; and WHEREAS, taking carpooling vehicles off of HOV lanes would convert these commuters to be single passenger vehicles resulting in an increased number of vehicles in our already congested freeways and resulting in worsening congestion; and WHEREAS, the City Council desires to protect its residents from the unfair financial hardship and responsibilities that this program will place on our community. NOW, THERE THE CITY COUNCIL OF THE CITY OF AZUSA HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the City Council of the City of Azusa hereby declares its opposition to the conversion of existing high occupancy (HOV) lanes to high occupancy toll (HOT) lanes on the I-210 and I-10 freeways. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy to the Los Angeles County Metropolitan Transit Authority and other agencies as directed by the City Council. Joseph R. Rocha Mayor 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof,. held on the 16'h day of June, 2008, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk �yoF.l U � CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER VIA: F. M. DELACH, CITY MANAGER AO DATE: JUNE 16th, 2008 SUBJECT: NOTICE OF COMPLETION — CITY-WIDE CONCRETE IMPROVEMENTS RECOMMENDATION: It is recommended that City Council approve the Notice of Completion for City-Wide Concrete Improvements as completed by Martinez Concrete, Inc., in the amount of $354,000.00 and authorize staff to file the Notice of Completion with the Los Angeles County Clerk. BACKGROUND: The project was approved by the City Council, as a part of the 2007-2008 Capital Improvement Project budget. The total project budget was $354,000. The project commenced on January 7th, 2008 and 99% of the work was completed by March 7th , 2008, In late April, remaining funds were utilized for concrete improvements on Citrus Ave., adjacent to the Foothill Crossings. FISCAL IMPACT: Project costs did not exceed the budgeted $354,000 amount. IOINT CIN/AGENCY AGENDA 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, JV? DATE: JUNE 16, 2008 SUBJECT: CONSIDERATION OF ADOPTION OF A REDEVELOPMENT PLAN AMENDMENT FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT, CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT, AND OTHER RELATED ACTIONS RECOMMENDATION It is recommended that: 1. The City Council accept copies of the objection letters and the responses prepared by the Redevelopment Agency, attached as Exhibit 1. 2. The City Council adopt the Resolution, attached as Exhibit 2, Approving and Adopting Written Responses and Findings to ' Written Objections to the Proposed Amendment to the Redevelopment Plan for the Project Area. 3. The Agency Board adopt the Resolution, attached as Exhibit 3, certifying the final Environmental Impact Report (EIR) for the Plan Amendment. 4. The City Council adopt the Resolution, attached as Exhibit 4, certifying the final Environmental Impact Report (EIR) for the Plan Amendment. 5. 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 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. 6. 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 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 5 June 16, 2008 Page 2 of 6 to the Project Area. 7. 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. 8. The Agency Board adopt the Resolution, attached as Exhibit 8, approving owner participation rules, and extending the rules and regulations for relocation and real property acquisition guidelines to the proposed Plan Amendment. 9. 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 "14`h 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 8`h 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 22, 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. 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 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 16, 2008 Page 3 of 6 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 Pian 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 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 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 16,2008 Page 4 of 6 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. 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 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 obligationsoften 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 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 16, 2008 Page 5 of 6 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 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. The Honorable Mayor And Council 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 16,2008 Page 6 of 6 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 for the June 2, 2008 Council/Agency meeting. 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. On June 2, 2008, the City Council opened the public hearing and received all oral and written evidence offered on the proposed. Plan Amendment. After receiving testimony and written objections, the public hearing was closed. Because written objections were received, the matter was continued to June 16, 2008, consistent with Health and Safety Code sections 33363 and 33364, to provide the Agency with time to prepare written responses. CRL requires that if written objections are filed with the City Clerk 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. On June 2, 2008, the City Council and Redevelopment Agency undertook the following actions: 1. The City Council and Redevelopment Agency adopted resolutions approving the Report to City Council. 2. Opened the Joint Public Hearing and verified the following with the City Cleric a. all notices as required by law have been given, and b. the City Council and Redevelopment Agency were given a complete file of exhibits,. correspondence and other documents. 3. Public Testimony and written communications on this matter were received. 4. Closed the joint Public Hearing and continued the item until the next regularly scheduled City Council and Redevelopment Agency meeting. The matter was continued to the June 16, 2008, City Council and Redevelopment Agency meeting. The resolutions and the Ordinance before the City Council and Agency Board are the final steps required to approve the proposed Plan Amendment. Agency staff requests that the Council and Agency consider the written responses prepared based upon the written objections received prior to and during the public hearing on June 2, and then proceed with consideration of the remaining actions necessary to complete the Plan Amendment process. FISCAL IMPACT There is no fiscal impact at this time pertaining to the Plan Amendment process. EXHIBIT 1 WRITTEN OBJECTION LETTERS AND WRITTEN RESPONSES 'J r UJAr% AV N URSERY J�_ A Your Garden Experts Since 1937 33498 Success Valley Dr., Porterville, CA 93257 559-359-2075 559-784-8283 fax June 2, 2008 Azusa City Council 213 E Foothill Blvd Azusa, CA 91702 RE: Merged Central Business District&West End Project Area Esteemed Councilmen: I object to the proposed amendment on the grounds of reverse discrimination, self-aggrandizement, and the lack of respect for the history of the City of Azusa. We here in the city of Porterville, CA are seeing the same things happen to our community. I wish to point out some things that have bothered the people of Porterville but were ignored by the city council,that are now happening to you. The City Council and Azusa Redevelopment Agency have repeatedly exhibited reverse discrimination against the city's small businesses. As with other redevelopment projects, small businesses were the only entities to be displaced. No other type of entity has been affected by permanent displacement. Fact is, economic and location incentives have been extended to big businesses. Residents are offered return to even better accommodations with no change in financial outlay. On the other hand, small businesses have had their businesses interrupted, lost revenue,AND have been removed to less desirable locations. Under the guise of redevelopment,the director of your redevelopment agency, who, by his own omission, sees this project as his personal career"swan song", is leading you,the council, to help push out the loyal small businesses and residents that contribute to Azusa's schools, causes, and youth. Through sad experience the community of Porterville has learned that big businesses only contribute a very small and limited percentage of their profits to such causes. Local small businesses and their owners contribute time, money and personal support.Target won't allow youth with a cause to put on a car wash on their premises, but a local small business will. No big business, nor developer,sponsors a ' youth soccer team. Big businesses do not contribute a sense of community, nor inspire loyalty, nor longevity of community.They contribute money in limited amounts, and money is not everything. When people return to their hometown they revisit people and places that have meant things to them. As the city of Azusa is "redeveloped"the people are displaced, landmarks are removed and the city is turning into a place that they no longer recognize. Not all history needs to be remembered but there needs to be places, landmarks and legacies for people to remember and revisit.Without our history we jeopardize our future. This redevelopment project and it's amendments need to be for the good of the people of Azusa.The out-of-town developers and the big businesses are not the people of Azusa.All residents who live, work, and play in Azusa are who should benefit now, during and ultimately. Sincerely, Caroolly ayb I V e , n t i - Y.a - The Canyon City—Gateway to the American Dream Economic and Community Development Phone Number (626) 812-5299 • Facsimile Number (626) 334-5464 E-Mail Address: rjara@ci.azusa.ca.us June 9, 2008 VIA CERTIFIED MAIL Ms. Carolyn Daybell 33498 Success Valley Dr. Porterville, CA 93257 SUBJECT: Objection Letter to the Proposed Plan Amendment Filed with the Redevelopment Agency of the City of Azusa on June 2, 2008 Dear Ms. Daybell: Thank you for expressing your views on Monday, June 2, 2008 regarding redevelopment. Your letter is concerned with any negative impacts that the Redevelopment Agency of the City of Azusa ("Agency") will have on its local businesses and in particular small businesses. The proposed amendment to the Redevelopment Plan ("Plan Amendment") for the Merged Central Business District and West End Project Area ("Merged Project Area") is being processed to positively impact businesses within the Merged Project Area and the 15.1 acres of territory that is proposed to be added ("Added Area") to the Merged Project Area. It is the Agency's goal to provide redevelopment assistance to property owners with exterior upgrades after the Added Area is included in the Merged Project Area. The Agency has implemented projects that would improve the aesthetics of business corridors for the benefit of small businesses. From 1997 to 1998, the Agency assisted with $1.9 million in streetscape improvements on Azusa Avenue, a major corridor with many small businesses within the Merged Project Area. These street improvements have greatly enhanced the business climate for small businesses in the Merged Project Area and as a result, businesses have expanded and upgraded their properties. The Agency has worked cooperatively with local businesses on projects including but not limited to the following: • Revitalization of Block 37 along Azusa Avenue; • Improvements to the historic Talley Building; • Creation of a decorative pedestrian breezeway benefiting existing buildings and small businesses along Azusa Avenue; • Business expansion of La Tolteca restaurant, a long-time local family-owned Mexican restaurant along Azusa Avenue, which developed a new larger restaurant along Azusa Avenue; • New construction of a dental building with long-time local property owner, Dr. Reyes, along 213 East Foothill Boulevard • Azusa, California 91702-1395 Page 2 of 2 June 9, 2008 Ms..Carolyn Daybell Re: Objection Letter to the Proposed Plan Amendment Filed with the Redevelopment Agency of the City of Azusa on June 2, 2008 Azusa Avenue; • Relocation and expansion of Max's Cuisine, a restaurant; • Tenant improvement assistance to Quality Material Handling, a small business in the Merged Project Area; and • Expansion/development of Morris National Inc. "Very Special Chocolates" facility a long-time business in the Merged Project Area. The Agency Board instructed staff to conduct an extensive outreach effort to the business community and residents to keep them informed throughout entire process for the Plan Amendment. The effort involved three community information meetings and extensive consultation with local school districts and public agencies. The Agency intends to continue working with small businesses within the Merged Project Area to improve their properties and increase their business operations, and to implement activities and projects that will benefit local businesses. Your concerns are noted and your objection letter will be retained on file with the Agency. Sincere James Makshano Assistant City Manager iM:lill/u W:\Plan Amendment 2007 Re-Initiation\Response OblectionLtr MsOaybell.doc - 5/7/2008 To Azusa Redevelopment Agency My name is Thomas kang and I am a owner of the property located at 303-321Azusa Ave I am wrting this letter to object to the added area redevelopment plans for this business area. My main objection and disagreement with your assessment that is your agency willing to address my area as a blighting condition. My building (strip center) is not in status of financially and physically blighted or blighting condition. If my property is in that condition, I believe all other Azusa area is in same condition. All of my tenants are doing good businesses and successful, some of those tenants are running good business over 25years at that location and my building property value is over 3 million dollar appraised. Including "In and Out" burger, church, all the businesses around this building are thriving. I don't know the reason you are trying to incorrectly label this area as a blighting. For the few private property developers working in conjunction with development agencies for their own benefits; to develop the kind of multi-use and high rise condos, which finally resulted in high cost of living for the people because of high rent of stores, apartments. Why punish the pioneers who have stood by and believed in this area for the past several decades and built their livelihood around business that they are proud of and that are finically abundant. I will appreciate you review my objection. Sincerely, i p cc9Ne25 �?�� T� c,-9, rcra-n) s E The Canyon City—Gateway to the American Dream Economic and Community Development Phone Number (626) 812-5299 • Facsimile Number (626) 334-5464 E-Mail Address: riarapci azusa.ca.us June 9, 2008 VIA CERTIFIED MAIL Mr. Thomas Kang .400 W. Ocean Blvd., #1203 Long Beach, CA 90802 Subject: Objection Letter to the Proposed Plan Amendment Filed with the Redevelopment Agency of the City of Azusa on May 7, 2008 Dear Mr. Kang: It was a pleasure to meet with you on Wednesday, May 7, 2008 and Monday, June 2, 2008, to discuss your concerns regarding the proposed Plan Amendment for the Merged Central Business District and West End Project Area ("Merged Project Area"). After the meeting on Wednesday, May 7, 2008, you delivered an objection letter to Agency staff. In your objection letter you do not agree with the Agency's determination that your property or the adjacent properties be included in the proposed Added Area for the Redevelopment Plan Amendment for the Merged Project Area. The following is a response to your objection. Your property and surrounding properties were identified as properties to be included in the proposed Added Area in the Plan Amendment for the Merged Project Area based on field surveys and blight research conducted for the Plan Amendment. Your property is necessary for effective redevelopment and there exists a prevalence of blighting conditions in the Added Area. The evidence of blight and blighting influences are detailed in the 'Report to the City Council dated June 2, 2008, on pages B-6, B-34 to B-47. Specifically, in the area surrounding your property there was evidence of deteriorated and dilapidated exterior building materials present on buildings in this portion of the Added Area. The portion of the Added Area in which your property is located is being included in the Added Area because of the Agency's desire to assist in the revitalization of properties along Azusa Avenue south of the 1-210 freeway. It is the Agency's goal to provide redevelopment assistance to property owners with exterior upgrades after the Added Area is included in the Merged Project Area; and to make public improvements to this gateway to downtown Azusa. Of particular note for the properties included in the southern portion of the Added Area where your property is located is a leaking underground fuel tank at the northwest corner of Paramount Street and Azusa Avenue. This property has been cited by the Environmental Protection Agency for a leaking underground fuel tank and the Agency is concerned about underground contamination that often spreads in a southerly direction to adjacent properties such as your property. If your property 213 East Foothill Boulevard • Azusa, California 91702-1395 Page 2 of 2 June 9, 2008 Mr. Thomas Kang Re: Objection Letter to the Proposed Plan Amendment Filed with the Redevelopment Agency of the City of Azusa on May 7, 2008 experiences any contamination from the gas station to the north, the inclusion of your property in the .Added Area would provide the Agency the financial tools to effectuate potential ground contamination cleanup. Sincerely, /ames Maks off Assistant Ci Manager MAij/a WSPien Amendment 2007 Re-Initl.fi.�Response_Objecd..Lb MrRang.d.c ` 1 / CNURCFSi FUR141TURE Y..-�"""`-'. ems.mhwmennnu<•ra m.res.nmuntma,srroz CRAFTSMANSHIP 114 SOLID LUMBER SINCE•1946 FACTORY PHONES: 626 334 5252 800 334 7611 FAX 626 334 8277 one word describes our Pam-SOLID MASTER CRAFTSMAN GREGORY S LAMBRECHT-VICE PRESIDENT-SALES - 626 533 3406 JOHN A IAM IRECHT-PRESIDENT GRISELDA NIETO ROGERS-MARKETING MANAGER-626 334 5225 ENRIOUE(RIC"ALBERTSALCISIDR ORPRREPRESENTATIVE PRES NMA ANOnhem GER 6265333nia OR6263347611 m 40B 239 449 Page 4884684945 CAROLJ LRMBRECHi-CFO o use the finest craftsmanship and materials to manvfactum Your Furniture 00(AA1 WE OFFER FREE -INTERIOR ESIGNNO,and our G ELATING PLAN-PROJECT CONSULTATION and COLOR COORDINATION c� a to Z in the USA G'1� SA ��y�rGd IRONWORKS means business-Evetythin9 from THE CITY OF AZUSA-CITY COUNCIL and REDEVELOPMENT AGENCY 7 DECEMBER 2007PEARL HARBOR DAY 213 E FOOTHILL BL-PO BOX 1395 AZUSA CA 91702 AZUSA CITY CLERK D 231 E FOOTHILL BLVD o r� AZUSA CA 91702 c We are in receipt of your RE DEVELOPMENT letters dated 76 NOV 7-received 20 NOV 7. cm In it you wam, objections may be limited to only those issues....raised at or prior to the meetingr. D n This is so filed. rrri During the WWII,Alex and Susan Lambrecht sent 3 sons into Military Service. Ln Their eldest son,Alex, a B-17 Flight Engineer was killed near Nuremberg in JUNE 1944. Their youngest son, Pete, a paratrooper,was killed near Gala Sicily on 10 JULY 1943.. Their middle son. John served in North Africa, Sicily, Italy and France. Upon the death of Alex in 1944,John was withdrawn from combat He was a"sole surviving son." He had been awarded 5 battle stars,a combat infantry badge with oak leaf cluster and the purple heart. Andrew and Magna Thorson sent two sons into Military Service. Raymond and Vemon Leroy(Joe).. Raymond when It a task group cin Southemlaptured the German vesselU-505 ntaly. Uncle Joe was on Catain leanr the Aircraft Azo es.alIt was the first nenal'mon 4 JUNE 1944 y ship boarded during war time since the war of 1812. The Lambrecht and Thorson families sent 5 boys into service, two retumed. John A Lambrecht Sr. and Vemon L (Joe)Thorson. After the war, these two young men came to California to begin their lives. They joined Mom's Uncle, Bemer Thorson,who had started Chapel Crafters in AZUSA in 1946. 1 think Sharon Lewis's husband worked there too.. Berner retired in the early 50's. In 1955, our family started Cardinal Church Fumiture in Azusa with next to nothing. We bought and developed this land (while it was still in an unincorporated portion of LA County),we built and ran the business-without any govemment help or subsidy. The City never had to bribe us to stay by giving us any tax or infrastructure concessions. In hard times-we went without in order to preserve and grow the business. When we started,we had few tools and no equipment We needed work benches. Dad noticed that a business neighbor had some palates stacked beside his building. Dad asked if he could have them. The man said"OK." So, Dad had me and my Brother, Greg, pull and straighten the nails. He took the lumber, sanded it down and crafted work benches from those old palates and salvaged nails. When Dad died in 1977, the govemment charged us"Inheritance Tax" on those Work Benches "Eminent domain" runs against the grain of my personal philosophy and that of most Americans. None of us would get on a bus, nor fly in an airplane if the Driver or Pilot were under the influence of Alcohol or Drugs(prescription or otherwise no matter what the reason for the RX). This recent epidemic of Eminent Domain is the result of a 5-4 decision of the Supreme Court led by a Chief Justice who was taking a known hallucinogen to offset the extreme pain he was having. If none of us would ride in a bus or aircraft he was piloting-why on earth would we allow him to lead in the making of a decision nullifying the private ownership of literally every property in the Country? He was wrong continuing on the bench under these circumstances-and -every one in and out of government is WRONG-using the tool he handed out under the influence of a RX chemical stupor_ During one of the recent workshops, Dad's former insurance man said to me,"what I hate is the business owners who come to this City-suck the money out and live someplace else." I took offense to that and told him so. I lived much of my life here. I went to grade school here. I spend more time here than most Residents. Our manufacturing facility brings more to this community than it ever takes from Azusa. We sell very little in Azusa, so we take nothing from the community. By State Board of Equalization ruling,our"point of sale"is the place we install the furniture. What we do bring here, and leave here, is a DECENT PAYROLL. We also bring a strong sense of"good corporate citizenship". We donate to community and civic groups. Disney has nothing on us. Our baseball team were the League Champs last year. In 1970, 1 became founding member of the work experience program in the Charter Oak School District Azusa had no such program. Soon, our idea from Charter Oak came to Azusa. When it did,we trained Gladstone and Azusa High's student pool as secretaries and workers. Over the years we have had many outstanding graduates come out of that ROP program. Kay Eyre went on to found his own cabinet manufacturing business in St.George Utah. Donny Houston works in Beverly Hills designing and installing exotic wood working for many stars,studios and notables. I'm especially proud of Nick Lanphier.. He founded'OAKWOOD INTERIORS'. Today, he has about 400 employees. If you have an Oak Bedroom Set,there's a fair chance Nikki made it Sylvia Franco started her own clothing manufacturing business. Many others who got started here went on to found their own businesses or contribute to society in other ways. Two young men are now Sheriffs Deputies. One young lady I'm especially proud of has her name at the top of this letter head. Griselda Nieto came to work here when she was 15 years old. She was born 1 OCT 72,two years after I came out of the service. She's now 33 years old -and is the HEART BEAT of this Company.. Another young man I am very proud of is Enrique (Ricky)Siordia. He came to work here in 1992_ He is 30. Ricky runs the-plant How serious are we about giving back to this community? Deadly serious_ This Company is in TRUST to these two precious young people, who began as ROP students, along with my daughter Katie. They wilt never have to buy it, nor pay us back. They will own and operate our Rental Properties and Cardinal Church Furniture-as long as you let them. One staff member said that part of the plan for the"West End"was to have business with more"synergy". confess, I had to look that up.. It turns out that we already have"synergy". We buy our lumber, polyurethane, stains, sealers and lacquers, our hardware, our insurance,office supplies,advertising, postal supplies,tools, machinery and equipment,tires,fuel,truck and auto parts, lunches and everything else we use in this and neighboring communities_ We were S Y N E R G I Z E D and we didn't even know it That staff member also stated that the community wanted hi-tech"out there-' High Tech? I know its hard for some people to believe that anything was done"BC"(before computers)-but- This manufacturing area's evolution was precipitated by the advent of Aero Jet It's founder was Theo Von Karman. He was instrumental in founding (among other things) NATO's aeronautical research arm AGARD. NASA's Jet Propulsion Lab and was head of the Caltech Aero Lab in Pasadena. Much of our area was based on the Aero Space industry. Those of us who were here at the time can never forget the static rocket motor tests which were performed here. Many buildings manufactured parts for the aero space industry-without fanfare. The work was and remains secret. Some remain to this day. Optical Radiation-Mag Parts-Coast Plastics-Valley Forge-Norac-Reichold-and many others continue to manufacture VERY HIGH TECH products and components. Much of this companies payroll stays and is invested in AZUSA, Six of our 20 or so employees own homes in Azusa. Nine others are residents_ Another staff member said the buildings along Irwindale were a"hodge podge" I didn't care for that comment any more that I did the previous accusation that our factory was a"blight"on this community. In these times of redevelopment for the sake of government and government employees(more retail-more taxes -out with the old [tax base]in with the new[tax base]it seems the"rules"we teamed as to how to run our businesses have been completely rewritten. California has become one of the most hostile business environments in the country. We rank 49P,only ahead of Mississippi in"poor business environment" While much of California's manufacturing base is evacuating and escaping this hostile environment created by bureaucrats, I persevere in staying here. I believe-if we ship all our manufacturing jobs out of State or off shore,this country will be the worse for it Our American life style will not be sustained if we lose our ingenuity,manufacturing and mechanical edge. What allows Americans their wonderful leisurely life style is THE INDUSTRIAL REVOLUTION. If not for that,we would all be tilling the soil, trying to feed ourselves. The Industrial Revolution modernized every aspect of American Life-beginning with Agriculture-on down to the mundane every day modem conveniences we all take for granted. Is manufacturing really important? I've seen estimates,as high as, 1 manufacturing job supporting 11 service jobs, no lower than 1 to 7. Believe me, it is tempting to move part or all of our processes off shore-or out of State. But, I feel strongly that we must stay and stand for what we believe in. Manufacturing floats the boat Manufacturing is the economic engine of this COUNTRY. We can't all sell insurance and flip burgers for one another-and-we can't all work for government In 1998,Azusa celebrated the 100'h anniversary of its incorporation. At that time, my family had been making Church Furniture in Azusa since 1945-54 of those 100 years. During that celebration year,for the third time,we were faced with the threat of Condemnation-EMINENT DOMAIN under REDEVELOPMENT. Weare now in our 59'"year, and facing Condemnation-EMINENT DOMAIN under REDEVELOPMENT for the fourth time. Condemnation-EMINENT DOMAIN under RE DEVELOPMENT, this evil thing, now-just as it did the last four times we've faced it-keeps me awake nights-makes me sick to my stomach and saddens me. The Re Development laws were supposed to have been written to help the EXISTING businesses and community. Sadly, that is not how they are used. All too often redevelopment is capriciously and arbitrarily used to toss out the old established businesses and bring in new businesses. Or, they are used to toss out older residences, questionably defined as"blighted",to acquire property which will be rezoned as commercial-to make way for shopping centers. This is particularly irritating to me_ If someone'sBhr' a is trualn bli eted",Cheesident alt should assist that resident to correct the blight by improving his or her property. 9 to put in a shopping center-is simply wrong. If improving a"residentar neighborhood is important,then why aren't"blighted" residenceimproved or replaced with new residences? The City breaks my heart, it seems the"City"is telling us;all we have done and all we will do-isn't good s enough not good enough for our own Ci . Business owners/operators and business land lords are no different from home owners. When you first bought your home,you wondered how you would make the first payment A few years later,you wish you had bought ten of them. At first,you struggle through the years to make the payments-after a while,the payment becomes more comfortable,even easy to make. Over time, the tax basis becomes relatively inexpensive. This relative lowering of buildings(or home)cost is the reward we should all be able to look forward to and expect for perseverance, long hard work,weathering all assaults of govemment and competition. We have EARNED and PAID FOR our businesses and business properties. We DESERVE to KEEP them. We DO NOT DESERVE to have our own City threaten to take our businesses or properties by EMINENT DOMAIN or any other means-for ANY REASON Staff, last time as well as this time promises to protect our property rights_ The letter we were sent this time, makes no mention of it, but last time, 1998 and July through September 2003,we were told, if we don't bring up certain issues during the public hearings,we automatically "waive our rights". We have seen verbal promises vaporize with the wind in the past. It grieves me to be in conflict or confrontation with my own City. However, because of Rob Steel's previous warning-and-for our own protection, I reluctantly, regretfully and respectfully submit the issues listed on the following pages. These are all I can think of at this time, so I must reserve the right to bring up anything else in the future"SEEN OR UNFORESEEN". I have to go now-to do that which I do-furnish and adom Churches. I leave it to you, my City Council, to do that which you do, represent the people. I ask sincerely that you represent the people who are here now. The people who elected you and placed their trust in you. Please don't represent-ahead of us who are here now-the interests of people and business who aren't even here yet and won't come unless you tear us down and"give" them our properties. Please protect us and preserve, for us now and our children in the future,that which we have worked so hard to create. None of us have time to do it over again. Please apply Re Development in the manner it was designed-to help existing businesses and existing residents. God bless each of you and your families_ May the Good Lord guide and be with you now and always.. Sincerely and respectfully, The Lambrecht Family and Employees of CARDINAL CHURCH FURNITURE JOHN ANTHONY LAMBRECHT JR PRESIDENT CARDINAL CHURCH FURNITURE ISSUES We were not advised in any of the recent correspondence we received-but we know from previous experience the following; "The failure to file objections to the proposed exemptions during the public review period or at the Public Hearing may constitute a waiver of rights to object to the environmental determination at a later date.. The Community Development Department's conclusion that"the project will not have a significant adverse effect on the environment and that no mitigation measures are needed:',seems to be a double standard on behalf of government. How can it be concluded that no mitigation measures will be needed,when the City staff says they don't know what the proiect will be? If the public changes so much as a door knob, it is required to file an E.I.R.the size of a phone book. I grant no such waiver and on behalf of myself and every other interested party hereby make the required OBJECTION. We have not currently been advised by the City,as required, but we know(from previous experience)that, "if you challenge any of these matters in court,you may be limited to raising only those issues that you,or someone else, raised at the Public Hearing or in a written correspondence delivered to the Redevelopment Agency at the above address at,or prior to,the Public Hearing." Because of the warning known, but not stated by the City,this time,we hereby "raise"the following"issues", reserving our future right to"challenge any of these matters in court'and reserve these rights for anyone else in this city effected by this-Condemnation under EMINENT DOMAIN. We live in a wonderful Country with a precious Constitution listing our rights. In reality,these rights are only granted and guaranteed, if the People, Tenant or Property Owner aggressively defends them and presses their interests with about half help of an n the USA extremelyvoracious the ACLU would be out of business.If I wON defended itself, wish it weren't so 1 We don't consider Legal defense from our own City to be a"normal cost of doing business", If Azusa puts our property under Condemnation of Re Development,we must have legal representation of our own choice,we require the City of Azusa legal nse incurred in educating me righ ,attomeys fees, court costs and any other expenses senenor unforeseen,whether we prevail or not bout my t 2. Our Church Furniture business has,continuously, a 6 to B month lead time. We plan and work some jobs as much as 3 to 5 years ahead of construction. Church buildings are designed around the seating area, not the other way around. We can't have any down time. As I told Mr. Roy Bruckner at one of these two work shops, as well as the 1998 workshop, we'll expect to put the key in our door, close down and lock up, on Friday night(during our busy season, thatll be a Saturday night), then, put the key in the door where you move us,then open up, on the following Monday moming,with everything in place-good to go. 3. If you can't move our machinery in that time frame,you will have to set up an entire plant, provide new or like machinery capable of performing the same tasks in the same labor/time mode, and purchase the un moved machinery, Or,workout some other equitable method by which we can continue in operation. 4. If we are moved to another City, since we don't have the negotiating skills or skills of liaison which our Azusa Staff possesses,Azusa will have to perform and/or pay for all required liaison with that City's or any other Govemment's, or department of Governments various agencies. Included but not limited to, in this,will be any and all licenses, permit,AQMD permit,all to be"grand fathered". If our licenses,permits,fees,AQMD permits, etc. are required to be upgraded to current standards,the City of Azusa will have to complete and pay for the required applications and pay costs in excess of current cost including increased annual cost(with any"cola's"). 5. Azusa will need to move and insure all work in progress,completed work,inventory, machinery and equipment -right down to the last paper clip 6. If we are not"good to go",we'll need liquidated damages for every day we are down in order to offset our costs. 7. The City will have to pay our ongoing overhead, expenses and employees during any down time_ 8. Our employees have a reasonable expectation of future employment and may be entitled to consideration. We reserve any and all rights stated herein or other rights which they may be entitled to under law,statute or prescient,on their behalf. 9. The City will also need to, indemnity, pay for any damage due our client which any such delay may cause to them 1 D. All loss of revenue during down time, because we are not able to bid or perform jobs during any down time will be the City's responsibility to compensate us for. 11. Other things which require full reimbursement are,replacement of all our advertising brochures,letter head, funds to notify the approximately 45,00D client in our distribution area thatwe have moved, consideration for the fact that we have done extensive advertising in the past and that brochures and documentation now in the hands of client will be obsolete(when they refer to previous correspondence now in their possession to contact us, how will they know we've been condemned and moved?) 12. If our phone numbers change the City will have to pay for a"foreign exchange"for those long-standing numbers in order to prevent loss of revenue from loss of contact 13. We must have the same manufacturing square footage-same property rights, manufacturing right, painting rights, noise,and any other seen or unforeseen right and privileges-same tax basis-same rent,same equity and MOST IMPORTANT of these,the same EXCELLENT LOCATION we have now. 14. Our long-standing excellent LOCATION can't be overemphasized. We've been in Azusa since 1946.. We've been in this building since 1956. Just like walking through your own home in the dark, because we've been where we are for so long, many people can find their way to us by kinetic memory. The value of this irreplaceable asset must be determined and compensated for. 15_ We'll expect additional consideration for the stress the City is placing on myself-my family and staff,the sleepless nights, the sentimental value of the property my family bought, developed and built buildings on, as well as any infliction of emotional distress,intentional and negligent or not These are Buildings I helped to build,grew up in and learned my trade in. Buildings I earned and am entitled to and expect to leave to my issue and trustees. I reserve the right to have everything made whole whether those considerations are seen or unforeseen. 16. Our enterprise in AZUSA consists of two facets. The business and the income property. My retirement is indemnified by both the business and the income property. I have a reasonable expectation of retaining and continuing the income there from -and-my legal heirs and trustees have a reasonable expectation of acquiring this business and business property-as well as a reasonable expectation of continuation of the income and projected income there from, they may have the right to seek damages on their own behalf separately-we encourage them to explore that avenue. 17. There will be no exclusions,exceptions or catch 22's of any kind. If the City defaults on any promise it or any of its agents give, no matter if rescinded at a later date,we will seek compensative as well as punitive damages. 18. If I-or any of our staff-are to be consulted for experience and or advice with regard to the move,or employed to help make the move, and/or give technical advice regarding plant set up and/or any and all other questions, i/we expect to be paid at a rate commensurate with that which the City would pay a like experienced consultant, including but not limited to time invested by any of my staff or others, [including but not limited to attorneys, accountants, architects,designers, builders,electricians,wood shop mechanical specialists, blower system specialists,AQMD(or any other)consultants], for such work. 19. This facility constitutes two separate businesses. Both are licensed by the City of Azusa. The first is Cardinal Church Furniture Inc_, the second is Lambrecht Brothers who own the properties and leases them to Cardinal Church Furniture. The lease to Cardinal Church Furniture Incorporated is a long term agreement Cardinal Church Furniture Inc. has a reasonable expectation of continuing occupancy-and-The Lambrecht Family has a reasonable expectation of continued long term income from the properties. The values of these agreements are paramount and are to be considered in any settlement. 20. Unless and until all issues are satisfied, rights and privileges(including but not limited to permitting and licensing)are in place and the physical move is satisfactorily complete,Azusa's responsibility will considered to be incomplete. 21, We reserve the right to bring up anything else"SEEN OR UNFORESEEN"which impacts our lives, livelihood, business, business property and our future. 22. This paragraph added 26 AUG 03-presented to the City Council-Re Development Agency of Azusa 2 SEP 03, My Family has been manufacturing Church Furniture in AZUSA since 1946. We have occupied our property @ 243-245 S Irwindale (our first plant) 1955 and 1956 and our present plant @ 401-403-411 S Irwindale and 400- 402-410 S Motor since 1956. 1 grew up in these buildings. I have spent more time here than in any home I've had. These properties are in an excellent, irreplaceable location-they are maintained in good to excellent condition-and -they have a great deal of sentimental value to myself and my family, the value of which must be determined and compensated for in the event they are CONDEMNED by the City Government of Azusa. Pardon my PASSION e but e EMINENT DOMAIN JUST RAISED ITS UGLY HEA® ON AZUSA FOR THE F- FIFTH TIME The FIRST TIME-CAL-TRANS WIDENED IRWINDALE AVENUE Without an EIR or even the thought of asking the business community along Irwindale Ave., Cal-Trans widened Irwindale Avenue, taking away the tree lined boulevard and grass space in front of our buildings_ Ever since, I've had to explain to every City Council member and every Planning Commissioner from Azusa that WE DID NOT"build our buildings close to the street", there was a LANDSCAPED (with trees) set back which the State simply TOOK. The SECOND TIME-"THE RAIDERS ARE(WERE-BUT DIDN-0 COMING" AZUSA CENTENNIAL YEAR 1887-1987 In about 1986 - 1987, Xavier Hermosillo, the "PR" spokesman for Miller Brewing Co. was involved in a charity Golf Tournament, he was paired with an employee of the LA Raiders organization. Xavier had worked in concert with a consultant named Fred Light who had previously done work in Azusa-and was then working for Irwindale. The City Manager of Irwindale, Charley Martin, had previously worked for Azusa as well. At that time, it was common knowledge that Al Davis wanted to move his Raiders out of LA-possibly back to Oakland. During the golf tournament, Xavier presented an idea to the Raiders Employee to have the Raiders move to Irwindale. Subsequently, Mr. Martin and/or Mr. Light contacted the Azusa City Council. Azusa Council members and City Officials had meetings with officials from the City of Irwindale without public notice. It seems these meetings violated every Democratic principle, surely,the Brown Act was violated. IRWINDALE'S $10,000,000 NEGOTIATIONS WITH THE RAIDERS ARE NOW LEGENDARY. During those meetings, a plan developed. The gist of the plan was this: 1. Azusa's redevelopment department had no money. :r 2. According to Irwindale, The INDUSTRIAL block along Irwindale, between 1 and Gladstone was "The gateway to Irwindale" -and - "was a blight on the City of Irwindale." 3. To correct this "blight", AZUSA(having no money)would, using Eminent Domain -in concert with Irwindale's redevelopment agency, condemn all the industrial properties in Azusa along Irwindale Ave., "purchase"them at"fair market value"then"redevelop"the area. Anyone involved in Eminent Domain Proceedings knows that every Cities idea of"purchase @ fair market value" is a contradiction in terms. 4. What wasn't initially made public was the underlying plan. The joint AZUSA-IRWINDALE agency would condemn the properties, take possession -then- after they had the property, they would tannounce-'THE he value of he property they gOMle by several fold condemned and c mfiscated using EMINENT DOMAIN. The industrial area between First and Gladstone, along Irwindale Ave.was to become a "restaurant row" which would compliment the NEW RAIDERS STADIUM. 5. The only way for this plan to work was to keep the Raiders possible move to Irwindale quiet. FORTUNATELY, one of the council leaked the information. The cat was out of the bag. This manufacturing community was stunned. Irwindale labeled the area BLIGHTED, despite the fact that the business community along Irwindale Avenue in Azusa was 100%occupied and is among the most productive manufacturing centers in California. Everything from Rockets and Armored Vehicle Parts, Aircraft Parts, Forges, Foundries, Transmissions, Chemicals, Chemical Waste Treatment, Steel Building Construction, Welding and Fabrication, Highly Technical Machining and Manufacturing and Extremely Technical Scientific Optics-even - Church Pews are manufactured there- in aged- but- well maintained buildings_ Some buildings were new in the late '40's and 50's, others were build in the '60's, '70's and '80's. One was build in '00. In the'40's-'50's,the area was not in Azusa, it was in an unincorporated area of LA CO, it only had an Azusa address. Business and Building Owners FOUGHT THE CITY over Eminent Domain under Re Development. It is a good thing they did. What no one knew was the Raiders NEVER INTENDED to come to Irwindale. If the Business Community, in concert with the Residents of Azusa, had not brought this idea to a stand still, the properties along Irwindale Ave.would now be empty pads with weeds growing on them- still waiting for the Raiders to come-so the joint redevelopment agency of IRWINDALE -AZUSA could sell the property as Restaurant pads. This fight lasted from 1987 through 1990. It was painfully destructive and disruptive as well as demoralizing to the Business Community. At the time of this event in 1987 the City Council consisted of the following Members. COOK LATTA Mayor MOSES CRUZ CAMERENA The Business Community took it's plight to the Residents and Voters of the City of Azusa. There was an election soon after this information was made public. Two Council Members and the Mayor came up for reelection. The Mayor had alerted the Community to `the plan.' He was reelected. The two Council Members were ousted. Two years later,when the other two came up for reelection,they went too_ The Mayor kept his seat for two more terms_ All the while, Businesses and Residents continued to fight this threat of CONDEMNATION under EMINENT DOMAIN, When Mr. Moses left office, Steven Alexander was elected Mayor. Under his guidance, with the help of Council Members; Dianne Chignon, Dave Hardison, Tony Naranio and Christina Madrid-the power of"eminent domain" under the Azusa redevelopment agency was deliberately and purposefully allowed to lapse. This FINALLY took the pressure off the business community. Later, as stated above, it was discovered that THE RAIDERS HAD NO INTENTION of EVER coming to Irwindale - despite the $10 million Irwindale paid to Al Davis_ In 1995, the City of Azusa rehired Rob Steel-the redevelopment director who was at the helm back in '87, he along with another City employee named Margaret Hall, brought EMINENT DOMAIN to the table again. FOR THE SECOND TIME, the Residents and Voters in concert with The Business Community of the City of Azusa rejected the idea by letting their feelings be known to this Council. In the end, Council Member Dave Hardison made a motion to let the issue lapse, it was seconded and passed unanimously. The threat of Eminent Domain died in Azusa for the second time. Azusa's Re Development Agency (The City Council Members)does not now have the power of Eminent Domain- and should not have ft. It is not this Council which is to be feared. Eminent Domain-if enacted-will live 12 years, possibly beyond the political life of these trusted Council Members. It could be used arbitrarily, capriciously and recklessly as it has in the past-to the detriment of the community. On 30 APRIL 2003-THE AZUSA BUSINESS COMMUNITY was noted by the City of Azusa that it is, FOR THE T HIRD TIME, facing the threat of CONDEMNATION and CONFISCATION under EMINENT DOMAIN. In '95 the Residents and Voters of the City of Azusa joined with the Business Community to fight off the threat of EMINENT DOMAIN - because the CITY had NOTIFIED ALL PROPERTY OWNERS, residential as well as commercial and industrial. In, 2003, the City has expertly avoided having to notify the Residents and Voters by"exempting" residential properties. This tactic leaves the Business Community on it's own to stop the reinstitution of Eminent Domain. This"exemption" of inclusion under"eminent domain" of"residential" properties is ambiguous. The Residents and Voters of Azusa should be WARNED. This"residential property exemption" DOES NOT unconditionally exclude their property. The"AZUSA Redevelopment Agency" and the"AZUSA City Council" are the same 5 people. If a potential developer wanted a large tract of freeway close property- all they need to do is approach the City Council/ Re Development Agency. — THEN — If the"Redevelopment Agency"wants your "exempted residential property"for any reason, they could very well take it under EMINENT DOMAIN. All they need to do is convene as the"City Council" make a."determination"that there"is a need" -then -"RE ZONE" your"Residential Property" to "Commercial." It IS just that simple. A perfect EXAMPLE of changing"residential"zoning to'commercial"is ongoing,at the present time,in west Covina. They are having volatile and hostile meetings with residential citizens who live between the 10 Freeway on the South,Workman on the North and Sunset on the West and Barranca on the East. West Covina intends to"rezone"the area as"commercial"- then condemn all this"residential"property and build a"shopping center'-because the City Council has made the determination that"there is a need! They will then convene as the"redevelopment agency'and threaten the residents with eminent domain proceedings. AZUSA should be grateful to it's business community for all it does in support of the City. One illustration of business support is the recent Proposition L-Utility Tax issue in Azusa. The Utility Tax in Azusa had been enacted by the City Council several years ago. The State Supreme Court made a determination that Taxes so imposed (by City Councils without a Vote by the Electorate) may be unconstitutional-'tf it were challenged, the tax could have been thrown out. Therefore Azusa needed the authorization of the Voters to continue the tax. What the City proposed to the Residents and Voters was not only an endorsement of the tax but a change in the tax rates. The Utility Tax was a uniform 5%for both residents and businesses. The Residents and Voters were told, "If you Vote YES on Prop. L.,we will lower your rate 20%, from 5% to 4% - and we will raise the Business Utility Tax 160%to from 5%to 6%. If you vote NO, it was implied, the rates would stay @ %5. What was NOT clearly stated is this; A NO VOTE meant the Utility Tax might, if challenged, have CEASED TO EXIST. The Business Community knew this but elected to stay mute and allow it to pass-shouldering the increased tax. Azusa Council Member Joe Rocha said"every one should pay their fair share". Joe, l respectfully submit-the Azusa Business Community is paying more than it's fare share_ California has one of the most hostile business environments in the Nation. Manufacturers are moving out of California in record numbers. Some move out of State, many move part or all of their operations off shore. When they leave,they take irreplaceable jobs and California's real tax base with them. California's hostile posture toward business is bad enough, but it is even more CRUEL when one's own City forces it's Residents and Voters and Businesses to live under the capricious and arbitrary (and potentially reckless) threat of Eminent Domain. The point persons, for the redevelopment department, Mike Hennessy, Jose Amador and Lisa Brownfield were saying; "We don't intend to use EMINENT DOMAIN." in that case, why do they want and need it "EMINENT DOMAIN is just a Tool." A toot to violate private property rights. "EMINENT DOMAIN is a "last resort." " Nonsense. It is the first and last thing they threaten during every negotiation meeting. "EMINENT DOMAIN takes a "LONG TIME" - "as much as a year.,,,, Nonsense again, in business a year is the tick of a clock. Giving the redevelopment department EMINENT DOMAIN, is akin to handing a loaded gun to an unarmed robber who enters your home or place of business. The Residents (Voters) of the City of Azusa should once again avoid PLACING their AZUSA BUSINESS COMMUNITY-as well as (potentially)THEIR OWN PROPERTY- UNDER THE THREAT OF CONDEMNATION and CONFISCATION-through the power of EMINENT DOMAIN by the redevelopment agency, Therp operty and property rights you protect may be your own. The business you save may be your own. The Job you save -may be your own. In.2003, AZUSA's redevelopment agency DID NOT have the power of EMINENT DOMAIN. Three of our PRESENT Council Members voted to KILL it twice in the past- for good reason-it is often abused - and it is impossible to stop.. It took the incredible efforts of many people to achieve the goal of putting an end to Eminent Domain in Azusa. EMINENT DOMAIN was DEAD in AZUSA-and should have remain DEAD. I warned of this then. JOHN A LAMBRECHT JR PO BOX 789 AZUSA CA 91702 k� 1 . . The Canyon City—Gateway to the American Dream Economic and Community Development Phone Number (626) 812-5299 • Facsimile Number (626) 334-5464 E-Mail Address: rjara@ cd.azusa.ca.us June 9, 2008 VIA CERTIFIED MAIL Mr. John A. Lambrecht, Jr. P.O. Box 789 Azusa, CA 91702 Subject: Objection Letter to the Proposed Plan Amendment Received by the Redevelopment Agency of the City of Azusa on December 10, 2007 Dear Mr. Lambrecht, Jr.: Thank you for expressing your views on Monday, June 2, 2008 regarding redevelopment. In your letter you express your concern with the Redevelopment Agency of the City of Azusa ("Agency") acquiring your property through the use of eminent domain. Your property has been located within the West End portion of the Merged Central Business District and West End Project Area ("Merged Project Area") since November 28, 1983. Your property does not have eminent authority and the Agency cannot acquire your property through the use of eminent domain. The proposed redevelopment plan amendment ("Plan Amendment") for the Merged Project Area does not include re-instating eminent domain authority on your property. At this time, the Agency has no plans to acquire your property or implement any redevelopment activities that would affect your business. Your concerns are noted and your objection letter will be retained on file with the Agency. Sincerely, James Mallhanoff Assistant City Manager W. W:\Plan Amendment 2007 Re-Initlatlon\Response_ObjealonLv_CarAlnalFurnimre.tloc 213 East Foothill Boulevard a Azusa, california 91702-1395 Exhibit 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AND ADOPTING WRITTEN RESPONSES AND FINDINGS TO WRITTEN OBJECTIONS TO THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") has undertaken the required steps for 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 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 WHEREAS, two (2) objections to the Plan Amendment were received prior to the joint public hearing of the City Council of the City of Azusa ("City Council") and the Agency for consideration of the Plan Amendment, and one (1) objection was presented during the joint public hearing; and WHEREAS, pursuant to Section 33364 of the CRL the City Council can only adopt the Plan Amendment after consideration of the objections, and adoption of written findings in response thereto; and WHEREAS, pursuant to Section 33363 of the CRL, the City Council has responded in writing to the written objections with a good-faith, reasoned analysis that describes the disposition of the issues raised, addressed the written objections in detail, and gave reasons for not accepting specified objections and suggestions ; and WHEREAS, the responses to the written objections are on file in the Office of the City Cleric, and WHEREAS, pursuant to Section 33364 of the CRL, the City Council and the Agency are conducting a subsequent meeting one week'or more after the originally scheduled first joint public hearing was commenced and objections heard, to consider adoption of the Plan Amendment and certification of the related EIR. 1 ORANGEEHULU42059.2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT: Section 1 . The objection letters received regarding the Plan Amendment have been reviewed and considered by the City Council and written responses have been prepared in accordance with Section 33363 of the CRL. Section 2. The City Council of the City of Azusa hereby accepts the responses prepared by the Redevelopment Agency in connection with the Redevelopment Plan Amendment for the Merged Central Business District and West End Redevelopment Project Area. PASSED, APPROVED AND ADOPTED this 16`" 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 ORANGE\E HU LL\42059.2 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 1 ORANGE\EH ULLk12089.2 0RANGE\EHULL\42090.1 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 ORANGE\EHULL442089.2 ORANGE\EHULL\42090.1 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 ORANGE%EHU LL412089.2 ORANG&EHULU42090.1 - 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 CIN 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 G. 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 ORANGEIEHULL\42089.2 ORANGE\EHULLk42090.1 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 day of June, 2008 by the Redevelopment Agency of the City of Azusa. Chairman 1 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\EHULLW2089.2 ORANGETHULL42090.1 EXHIBIT A Redevelopment Agency of the City of Azusa 2008 Plan Amendment to the Merged Central Business District and West End Redevelopment Project Area SCH # 2008021111 Findings of Fact and Statement of Overriding Considerations Introduction This Findings of Fact and Statement of Overriding Consideration, prepared pursuant to Section 15091 and 15093 of the California Environmental Quality Act Guidelines (Government Code Section 15000 et seq.), referred to herein as CEQA, addresses the environmental effects associated with the adoption and implementation of the 2008 Plan Amendment to the Merged Central Business District and West End Redevelopment Project Area ("2008 Plan Amendment" or "Project"). The environmental impacts, including potentially significant impacts which would result from the adoption and implementation of the 2008 Plan Amendment, were identified in the program Environmental Impact Report(EIR). Project Description The proposed 2008 Plan Amendment adds 15.1 acres of developed land to the existing Merged Central Business District and West End Redevelopment Project Area, as amended, increases the tax increment limit of the existing Merged Project Area and re-instates eminent domain authority on two commercial properties in the West End Project Area. The purpose of the 2008 Plan Amendment is to eliminate the conditions of physical and economic blight that exist in the Project Area through development of residential uses and the revitalization and reuse of commercial and industrial properties. This involves the creation of programs to eliminate economic and physical blight, fund infrastructure improvements, and provide economic incentives that will stimulate economic revitalization of the Project Area. These programs will be included in the Implementation Plan for the 2008 Redevelopment Plan Amendment. In addition, the Project will increase the tax increment limit of the Merged Project Area. The revision in the tax increment limit by the Redevelopment Agency of the City of Azusa ("Agency") will not change the existing physical environment,but it will provide additional funds in the future to implement the policies and activities initiated in the existing Redevelopment Plan for the Merged Project Area and the General Plan. Environmental Impact Report As a preliminary step in the CEQA review process, the Agency prepared an Initial Study to determine whether the Project would have a significant impact on the environment. Based on the conclusions of the Initial Study, the Agency determined that an EIR would be required to address one or more of the Project's potentially significant environmental impacts. The Agency sent a Notice of Preparation (NOP) of an EIR to all responsible and trustee agencies and involved federal agencies to assist the Agency in determining the scope of the environmental impacts analysis of the EIR. A Draft EIR was prepared which assessed the environmental impacts associated with the implementation of the Project. It focused the evaluation of the Draft EIR on the following environmental issues of the Project Area: • Cultural Resources • Geology • Transportation and Circulation • Air Quality • Noise • Hazards • Public Services • Public Utilities Mitigation measures were identified for impacts considered significant. The Notice of Completion (NOC) and Availability (NOA) were filed with the State Clearinghouse on April 8, 2008 which initiated the 45-day public review period. During the public review period on the Draft EIR, five comment letters were received by the Agency. Responses to comments were incorporated into the Final EIR, along with the Mitigation Monitoring Program. Findings on Significant Impacts Identified in the Final EIR Pursuant to and in accordance with Section 21081 of the Public Resources Code, the Final EIR identified the following significant adverse environmental impacts related to the implementation of the 2008 Plan Amendment. 1. Cultural Resources — Native American Cultural Resources Impact: There are no known Native American sacred lands within the Project Area; however, the City of Azusa is a sensitive area within the Gabrielino Tongva Tribal land, This is considered a significant impact. Finding: Identified mitigation measures in the Final EIR have been incorporated into the Project and represent the fullest extent to which the project-related impacts can be reasonably avoided and/or substantially lessened. Facts in Support of Findings: The local Gabrielino Tongva Tribe indicated that the City of Azusa is a sensitive area within the tribal land and that the City should protect and preserve Native American cultural resources. It was recommended by the Tribal Council, that if Native American cultural resources (other than isolates) are found in the Project Area that: 1) a cultural resources survey and archaeological site monitoring be performed, preferably utilizing Native American monitors; and, 2) work in the immediate vicinity of the find shall cease and an archaeologist meeting Secretary of Interior standards shall be retained to assess the find. Any treatment plan or action by an archaeologist should include consultations with the Gabrielino Tongva Indian Tribal Council. 2. Cultural Resources —Archaeological and Historic Resources Impact: The potential exists for the presence of archaeological and historic resources within the Pro)ect Area. This is considered a potentially significant impact. Finding: Identified mitigation measures in the Final EIR have been incorporated into the Project and represent the fullest extent to which the project-related impacts can be reasonably avoided and/or substantially lessened. Facts in Support of Findings: The City's Cultural and Historical Preservation Commission identified 17 potential cultural and historic landmarks in the Project Area and the California Historic Resources Inventory (2006) lists 37 properties that have been evaluated for historical significance within a half-mile radius of the Added Area. Additionally, a record search of past cultural resource surveys, performed by the South Central Coastal Information Center of California State University Fullerton, identified six sites included on the National Register of Historic Places and the California Register of Historical Places. All six sites are within a half- mile radius of the Added Area. In order to address impacts to archaeological and historic resources, an archaeologist should be retained to monitor all ground-disturbing activities in the Project Area. Additionally, if any structures 45 years or older will be demolished or otherwise affected, such structures shall be assessed and evaluated for potential historic significance prior to project plan approval. In the event that a site is determined to possess archaeological and historic resources, a qualified archaeologist shall provide consultation regarding proper courses of action. 3. Hazards -- Hazardous Sites Impact: Five sites within the City are listed as potential hazardous sites. These potentially hazardous sites pose potentially significant impacts within the Project Area. Finding: Identified mitigation measures in the Final EIR have been incorporated into the Project and represent the fullest extent to which the project-related impacts can be reasonably avoided and/or substantially lessened. Facts in Support of Findings: The National Priorities List, the CERCLIS list, Calsites, the Cortese List and the Leaking Underground Fuel Tanks database together identify five potentially hazardous sites. The Final EIR includes the following mitigation measures: • Prior to the sale or development of a property where the City/Agency is involved with the financing or acquisition of the property, the City shall require a full . Phase I Environmental Assessment of the site. In addition, an environmental consultant, familiar with the handling of hazardous wastes, should be either on-site or on call to properly remove and dispose of any hazardous wastes encountered during the excavation and/or grading of the site. Prior to receiving a use permit, all development and businesses operating within the Project Area shall obtain all relevant licenses and permits from the appropriate agencies charged with regulation of hazardous materials. Prior to the development of properties once used for railroad activity, appropriate soil sampling and analysis will be required. If soil sampling indicates the presence of a hazardous substance,the applicant shall remediate or dispose of the substance. • For construction requiring soil excavation and soil filling in areas of known commercial and industrial uses, proper sampling shall be required prior to the disposal of the excavated soil. • If the presence of lead-based paints or ACMs is suspected in buildings planned for demolition or renovation, proper investigations and precautions should be taken before and during demolition or renovation activities. The removal of ACMs shall be in accordance with the SCAQMD Rule 1403. 4. Hazards — Rail Crossings Impact: The Project Area includes several rail crossings along the Union Pacific/Metro line. Increased traffic levels due to the Project may affect public safety at these crossings. This is considered a potentially significant impact Finding: Identified mitigation measures in the Final EIR have been incorporated into the Project and represent the fullest extent to which the project-related impacts can be reasonably avoided and/or substantially lessened. Facts in Support of Findings: The California Public Utilities Commission has expressed concern about the potential impacts of additional Project-generated traffic at the Azusa Avenue and San Gabriel Avenue crossings along the future extension of the Metro Gold Line and recommended the following mitigation measures: Appropriate fencing to limit the access of trespassers to railroad right-of-way. • Examine alternative pedestrian and traffic circulation patterns. • All at-grade rail/traffic crossings shall include appropriate warning and safety improvements to minimize conflicts of vehicles with trains. • City shall coordinate with the Commission's Rail Crossing Engineering Section and the Metropolitan Transportation Authority regarding rail crossing safety issues. • If funding is available, grade separated crossing shall be considered at the major crossings such as Azusa Avenue and San Gabriel Avenue. 5. Public Utilities—Solid Waste Disposal Impact: The Project will generate an additional 1,665 pounds per day, which represents approximately 0.08 percent of the remaining permitted daily tonnage of waste into the Puente Hills Landfill. The Puente Hills Landfill will close after 2013, and therefore, any additional solid waste is considered a significant impact. Finding: Specific economic, legal, social, technological, or other considerations make infeasible any additional mitigation measures. Facts in Support of Findings: Puente Hills Landfill No. 6, which is the primary landfill for disposal of Azusa's solid waste, is located approximately ten miles southwest of the City. The Puente Hills Landfill will close after 2013. The Sanitation District is in the process of obtaining a permit to construct an intermodal facility in the vicinity of the landfill. Once completed, the intermodal facility will receive separated waste in sealed containers that have been processed through the MRF. By the year 2012, the waste containers will be transferred onto railcars and transported to the Mesquite Landfill in Imperial County, which is currently being developed. Although new development in the Project Area will be required to implement existing and future waste reduction programs in conformance with the City's SRRE, they will not eliminate all solid waste generated in the Project Area, and therefore, if the proposed intermodal facility and alternative landfill are not approved as a result of economic, legal, social, technological, or other consideration, the additional solid waste cannot be adequately accommodated. Since the City is unable to completely eliminate disposal at landfills and future landfill sites are uncertain, long- term unavoidable significant adverse impact may result. Findings on Project Alternatives Considered in the Final EIR The Alternatives section of the FIR was prepared in accordance with CEQA Guidelines 15126(d), which requires the analysis of a reasonable range of alternatives capable of eliminating or reducing significant environmental effects of the Project. Three potential alternatives to the Project are analyzed. 1. No Project Alternative The "No Project" Alternative consists of a scenario under which the Project, as proposed, would not proceed. While development in accordance with the established General Plan is allowed, it is anticipated that without the Project to serve as a stimulus and incentive for change, physical and economic conditions of blight would continue. Development that might occur during the next few years may generate impacts similar to those described for the Project; however, without redevelopment funding, some impacts could not be readily mitigated. Without these improvements it is unlikely that development will or can occur at the densities planned in the Azusa General Plan or that existing blighted properties will be improved in accordance with the General Plan. Finding: Specific economic, legal, social, technological, or other considerations make this alternative infeasible. 2. Reduced Project Area Alternative This alternative modifies the boundaries of the Project Area by reducing the total size of the area. This alternative only includes Subareas A and B in the Added Area. Subareas A and B are located in the vicinity of the downtown business district and the City's key public facilities such as the CityHall. Subarea C, which is located south of the I-210 Freeway, would not be included as part of this alternative. The Reduced Project Area Alternative totals 6.9 acres or 45.7 percent of the total Added Area. Under this alternative, Subarea C would not benefit from redevelopment and continue to experience economic and physical blight. Redevelopment will eventually occur within Subarea C in accordance with the General Plan regardless of its exclusion from the Project Area; however, it would occur over a longer time frame and thus impacts may be similar to the Project. From an economic perspective, this Alternative would reduce, to a slight extent, the potential tax increment funds available for application to infrastructure and community improvements, and therefore, reduce the benefits associated with redevelopment funds. Finding: Specific economic, legal, social, technological, or other considerations make this alternative infeasible. 3. Alternate Site(s) Locations In order for an area to be considered a "Project Area", it must first meet several conditions established by the California Community Redevelopment Law (CRL). The CRL requires an extensive legal process involving the preparation of several documents, and the formal actions of the City Council, Agency and Planning Commission. The exact location and extent of a redevelopment plan for an alternate location would have to comply with the criteria regarding blight contained in the CRL. A survey was conducted in the City to determine the existing conditions of physical and economic blight. It was determined that the Project Area met the CRL definition of blight. For this reason, no other locations or "alternate sites" for the Project were considered feasible to achieve the identified redevelopment goals. Finding: Specific economic, legal, social, technological, or other considerations make this alternative infeasible. Statement of Overriding Consideration The Draft EIR prepared for the 2008 Plan Amendment identified one unavoidable significant project impact relating to solid waste disposal. Pursuant to the California State Public Resources Code Section 21081 (b) and the CEQA Guidelines Section 15091 and 15093, the City of Azusa Redevelopment Agency has balanced the benefits of the proposed 2008 Plan Amendment and has adopted all feasible mitigation measures with respect to the significant impacts. The Agency's statement is referred to as a"Statement of Overriding Consideration." Significant, Unavoidable Impacts Solid Waste Disposal. The 2008 Plan Amendment will generate an additional 1,665 pounds per day, which represents approximately 0.08 percent of the remaining permitted daily tonnage of waste into the Puente Hills Landfill. The Puente Hills Landfill will close after 2013, and therefore, any additional solid waste is considered a significant and unavoidable impact. Findings The Agency finds that specific economic, legal, social, technological, or other benefits of the proposed 2008 Plan Amendment outweigh the unavoidable adverse environmental effects of the project, and the adverse environmental effects are considered acceptable when the following project benefits are considered: 1. Attractive and Safe Community. Adoption and implementation of the 2008 Plan Amendment will improve the appearance of the community by eliminating physical and economic blight in the Merged Project Area and Added Area. As stated in the Preliminary Report, physical deterioration and dilapidation remains in the residential properties of the Merged Project, and some of the older commercial properties continue to exhibit blighting conditions. There appears to be a lack of investment by property owners to address maintenance issues. According to the blight assessment conducted for the project, the majority of the residential properties in the Merged Project Area exhibit signs of deferred maintenance and moderate rehabilitation. Blighting conditions such as exposed wiring, broken/deteriorated roof materials, deteriorated eaves/overhangs, damaged/deteriorated building materials, sagging roofs, inadequate on-site parking, faulty additions, minor non-structural damage and other blighting conditions were evident in the Project Area. Many of the commercial properties were characterized by age and obsolescence, which had. led to deferred maintenance, and deterioration and dilapidation of structures that was so severe that these buildings presented unsafe and unhealthy conditions to occupants. The purpose of the 2008 Plan Amendment is to eliminate the conditions of physical and economic blight that exist in the Project Area through development of residential uses and the revitalization and reuse of commercial and industrial properties. This involves the creation of programs to eliminate economic and physical blight, fund infrastructure improvements, and funds to assist in the rehabilitation of the existing housing stock. 2. Economic Revitalization. Adoption and implementation of the 2008 Plan Amendment will revitalize the commercial and industrial areas of the city. Redevelopment is a tool to encourage new development and/or the rehabilitation and adaptive reuse of existing structures within the boundaries of the Project Area. Through redevelopment, a project area will receive financial investment to reverse deteriorating trends, create jobs, and attract and retain businesses and revitalize existing commercial and industrial establishments. Redevelopment will provide additional financial resources (tax increment revenues and sales tax revenues) to the Agency and City, which will help support various local public programs and services within the city. 3. Housing Opportunities. With the adoption of the Redevelopment Plan, the Agency to set aside, in a separate low- and moderate-income housing fund, not less than 20 percent of all taxes which are allocated to the Agency through tax increment revenues. These housing funds increase, improve and preserve the community's supply of housing for very-low, low-and moderate-income households throughout the city. Conclusion For the foregoing reasons, the Redevelopment Agency of the City of Azusa, serving as the Lead Agency, concludes that the adoption of the 2008 Plan Amendment will act as a tool to assist the Agency in achieving its goals: To eliminate blighting conditions and to prevent the acceleration of blight in and about the Project Area. • To provide for a broad range of land uses consistent with the General Plan and the Development Code. • To strengthen retail and other commercial functions to increase employment and revenues. • To encourage the better utilization of real property, and a more efficient and effective circulation system. To provide for adequate parcels and required public improvements and infrastructure to encourage new construction by private enterprise. To increase and improve the City's supply of very low-, low- and moderate-income residential uses. • To improve,rehabilitate and increase the existing housing stock within the Project Area. The aforementioned benefits outweigh the unavoidable environmental impacts; therefore, the City and the Agency have adopted this Findings of Fact and Statement of Overriding Consideration. 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`h 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[x], 15103 and 15375; and 1 ORANWEHULL\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 ORANGMEHULU42089.2 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\EHULL\42089.2 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 ORANGEEHULB42089.2 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 day of June, 2008 by the City Council of the City of Azusa. Mayor 1 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\EHULL\42089.2 EXHIBIT A Redevelopment Agency of the City of Azusa 2008 Plan Amendment to the Merged Central Business District and West End Redevelopment Project Area SCH # 2008021111 Findings of Fact and Statement of Overriding Considerations Introduction This Findings of Fact and Statement of Overriding Consideration, prepared pursuant to Section 15091 and 15093 of the California Environmental Quality Act Guidelines (Government Code Section 15000 et seq.), referred to herein as CEQA, addresses the environmental effects associated with the adoption and implementation of the 2008 Plan Amendment to the Merged Central Business District and West End Redevelopment Project Area ("2008 Plan Amendment" or "Project"). The environmental impacts, including potentially significant impacts which would result from the adoption and implementation of the 2008 Plan Amendment, were identified in the program Environmental Impact Report(EIR). Project Description The proposed 2008 Plan Amendment adds 15.1 acres of developed land to the existing Merged Central Business District and West End Redevelopment Project Area, as amended, increases the tax increment limit of the existing Merged Project Area and re-instates eminent domain authority on two commercial properties in the West End Project Area. The purpose of the 2008 Plan Amendment is to eliminate the conditions of physical and economic blight that exist in the Project Area through development of residential uses and the revitalization and reuse of commercial and industrial properties. This involves the creation of programs to eliminate economic and physical blight, fund infrastructure improvements, and provide economic incentives that will stimulate economic revitalization of the Project Area. These programs will be included in the Implementation Plan for the 2008 Redevelopment Plan Amendment. In addition, the Project will increase the tax increment limit of the Merged Project Area. The revision in the tax increment limit by the Redevelopment Agency of the City of Azusa ("Agency")will not change the existing physical environment, but it will provide additional funds in the future to implement the policies and activities initiated in the existing Redevelopment Plan for the Merged Project Area and the General Plan. Environmental Impact Report As a preliminary step in the CEQA review process, the Agency prepared an Initial Study to determine whether the Project would have a significant impact on the environment. Based on the conclusions of the Initial Study, the Agency determined that an EIR would be required to address one or more of the Project's potentially significant environmental impacts. The Agency sent a Notice of Preparation (NOP) of an EIR to all responsible and trustee agencies and involved federal agencies to assist the Agency in determining the scope of the environmental impacts analysis of the EIR. A Draft ETR was prepared which assessed the environmental impacts associated with the implementation of the Project. It focused the evaluation of the Draft EIR on the following environmental issues of the Project Area: Cultural Resources • Geology Transportation and Circulation Air Quality • Noise. • Hazards Public Services • Public Utilities Mitigation measures were identified for impacts considered significant. The Notice of Completion (NOC) and Availability (NOA) were filed with the State Clearinghouse on April 8, 2008 which initiated the 45-day public review period. During the public review period on the Draft EIR, five comment letters were received by the Agency. Responses to comments were incorporated into the Final EIR, along with the Mitigation Monitoring Program. Findings on Significant Impacts Identified in the Final EIR Pursuant to and in accordance with Section 21081 of the Public Resources Code, the Final EIR identified the following significant adverse environmental impacts related to the implementation of the 2008 Plan Amendment. 1. Cultural Resources — Native American Cultural Resources Impact: There are no ]mown Native American sacred lands within the Project Area; however, the City of Azusa is a sensitive area within the Gabrielino Tongba Tribal land. This is considered a significant impact. Finding: Identified mitigation measures in the Final EIR have been incorporated into the Project and represent the fullest extent to which the project-related impacts can be reasonably avoided and/or substantially lessened. Facts in Support of Findings: The local Gabrielino Tongva Tribe indicated that the City of Azusa is a sensitive area within the tribal land and that the City should protect and preserve Native American cultural resources. It was recommended by the Tribal Council, that if Native American cultural resources (other than isolates) are found in the Project Area that: 1) a cultural resources survey and archaeological site monitoring be performed, preferably utilizing Native American monitors; and, 2) work in the immediate vicinity of the find shall cease and an archaeologist meeting Secretary of Interior standards shall be retained to assess the find. Any treatment plan or action by an archaeologist should include consultations with the Gabrielino Tongva Indian Tribal Council. 2. Cultural Resources—Archaeological and Historic Resources Impact: The potential exists for the presence of archaeological and historic resources within the Project Area. This is considered a potentially significant impact. Finding: Identified mitigation measures in the Final EIR have been incorporated into the Project and represent the fullest extent to which the project-related impacts can be reasonably avoided and/or substantially lessened. Facts in Support of Findings: The City's Cultural and Historical Preservation Commission identified 17 potential cultural and historic landmarks in the Project Area and the California Historic Resources Inventory (2006) lists 37 properties that have been evaluated for historical significance within a half-mile radius of the Added Area. Additionally, a record search of past cultural resource surveys, performed by the South Central Coastal Information Center of California State University Fullerton, identified six sites included on the National Register of Historic Places and the California Register of Historical Places. All six sites are within a half- mile radius of the Added Area. In order to address impacts to archaeological and historic resources, an archaeologist should be retained to monitor all ground-disturbing activities in the Project Area. Additionally, if any structures 45 years or older will be demolished or otherwise affected, such structures shall be assessed and evaluated for potential historic significance prior to project plan approval. In the event that a site is determined to possess archaeological and historic resources, a qualified archaeologist shall provide consultation regarding proper courses of action. 3. Hazards -- Hazardous Sites Impact: Five sites within the City are listed as potential hazardous sites. These potentially hazardous sites pose potentially significant impacts within the Project Area. Finding: Identified mitigation measures in the Final EIR have been incorporated into the Project and represent the fullest extent to which the project-related impacts can be reasonably avoided and/or substantially lessened. Facts in Support of Findings: The National Priorities List, the CERCLIS list, Calsites, the Cortese List and the Leaking Underground Fuel Tanks database together identify five potentially hazardous sites. The Final EIR includes the following mitigation measures: • Prior to the sale or development of a property where the City/Agency is involved with the financing or acquisition of the property, the City shall require a full Phase I Environmental Assessment of the site. In addition, an environmental consultant, familiar with the handling of hazardous wastes, should be either on-site or on call to properly remove and dispose of any hazardous wastes encountered during the excavation and/or grading of the site. Prior to receiving a use permit, all development and businesses operating within the Project Area shall obtain all relevant licenses and permits from the appropriate agencies charged with regulation of hazardous materials. Prior to the development of properties once used for railroad activity, appropriate soil sampling and analysis will be required. If soil sampling indicates the presence of a hazardous substance, the applicant shall remediate or dispose of the substance. • .For construction requiring soil excavation and soil filling in areas of known commercial and industrial uses, proper sampling shall be required prior to the disposal of the excavated soil. • If the presence of lead-based paints or ACMs is suspected in buildings planned for demolition or renovation, proper investigations and precautions should be taken before and during demolition or renovation activities. The removal of ACMs shall be in accordance with the SCAQMD Rule 1403. 4. Hazards— Rail Crossings Impact: The Project Area includes several rail crossings along the Union Pacific/Metro line. Increased traffic levels due to the Project may affect public safety at these crossings. This is considered a potentially significant impact Finding: Identified mitigation measures in the Final EIR have been incorporated into the Project and represent the fullest extent to which the project-related impacts can be reasonably avoided and/or substantially lessened. Facts in Support of Findings: The California Public Utilities Commission has expressed concern about the potential impacts of additional Project-generated traffic at the Azusa Avenue and San Gabriel Avenue crossings along the future extension of the Metro Gold Line and recommended the following mitigation measures: • Appropriate fencing to limit the access of trespassers to railroad right-of-way. • Examine alternative pedestrian and traffic circulation patterns. All at-grade rail/traffic crossings shall . include appropriate warning and safety improvements to minimize conflicts of vehicles with trains. City shall coordinate with the Commission's Rail Crossing Engineering Section and the Metropolitan Transportation Authority regarding rail crossing safety issues. • If funding is available, grade separated crossing shall be considered at the major crossings such as Azusa Avenue and San Gabriel Avenue. 5. Public Utilities— Solid Waste Disposal Impact: The Project will generate an additional 1,665 pounds per day, which represents approximately 0.08 percent of the remaining permitted daily tonnage of waste into the Puente Hills Landfill. The Puente Hills Landfill will close after 2013, and therefore, any additional solid waste is considered a significant impact. Finding: Specific economic, legal, social, technological, or other considerations make infeasible any additional mitigation measures. Facts in Support of Findings: Puente Hills Landfill No. 6, which is the primary landfill for disposal of Azusa's solid waste, is located approximately ten miles southwest of the City. The Puente Hills Landfill will close after 2013. The Sanitation District is in the process of obtaining a permit to construct an intermodal facility in the vicinity of the.landfill. Once completed, the intermodal facility will receive separated waste in sealed containers that have been processed through the MRF. By the year 2012, the waste containers will be transferred onto railcars and transported to the Mesquite Landfill in Imperial County, which is currently being developed. Although new development in the Project Area will be required to implement existing and future waste reduction programs in conformance with the City's SRRE, they will not eliminate all solid waste generated in the Project Area, and therefore, if the proposed intermodal facility and alternative landfill are not approved as a result of economic, legal, social, technological, or other consideration, the additional solid waste cannot be adequately accommodated. Since the City is unable to completely eliminate disposal at landfills and future landfill sites are uncertain, long- term unavoidable significant adverse impact may result. Findings on Project Alternatives Considered in the Final EIR The Alternatives section of the EIR was prepared in accordance with CEQA Guidelines 15126(d), which requires the analysis of a reasonable range of alternatives capable of eliminating or reducing significant environmental effects of the Project. Three potential alternatives to the Project are analyzed. 1. No Project Alternative The "No Project" Alternative consists of a scenario under which the Project, as proposed, would not proceed. While development in accordance with the established General Plan is allowed, it is anticipated that without the Project to serve as a stimulus and incentive for change, physical and economic conditions of blight would continue. Development that might occur during the next few years may generate impacts similar to those described for the Project; however, without redevelopment funding, some impacts could not be readily mitigated. Without these improvements it is unlikely that development will or can occur at the densities planned in the Azusa General Plan or that existing blighted properties will be improved in accordance with the General Plan. Finding: Specific economic, legal, social, technological, or other considerations make this alternative infeasible. 2. Reduced Project Area Alternative This alternative modifies the boundaries of the Project Area by reducing the total size of the area. This alternative only includes Subareas A and B in the Added Area. Subareas A and B are located in the vicinity of the downtown business district and the City's key public facilities such as the CityHall. Subarea C, which is located south of the I-210 Freeway, would not be included as part of this alternative. The Reduced Project Area Alternative totals 6.9 acres or 45.7 percent of the total Added Area. Under this alternative, Subarea C would not benefit from redevelopment and continue to experience economic and physical blight. Redevelopment will eventually occur within Subarea C in accordance with the General Plan regardless of its exclusion from the Project Area; however, it would occur over a longer time frame and thus impacts may be similar to the Project. From an economic perspective, this Alternative would reduce, to a slight extent, the potential tax increment funds available for application to infrastructure and community improvements, and therefore, reduce the benefits associated with redevelopment funds. Finding: Specific economic, legal, social, technological, or other considerations make this alternative infeasible. 3. Alternate Site(s) Locations In order for an area to be considered a "Project Area", it must first meet several conditions established by the California Community Redevelopment Law (CRL). The CRL requires an extensive legal process involving the preparation of several documents, and the formal actions of the City Council, Agency and Planning Commission. The exact location and extent of a redevelopment plan for an alternate location would have to comply with the criteria regarding blight contained in the CRL. A survey was conducted in the City to determine the existing conditions of physical and economic blight. It was determined that the Project Area met the CRL definition of blight. For this reason, no other locations or "alternate sites" for the Project were considered feasible to achieve the identified redevelopment goals. Finding: Specific economic, legal, social, technological, or other considerations make this alternative infeasible. Statement of Overriding Consideration The Draft EIR prepared for the 2008 Plan Amendment identified one unavoidable significant project impact relating to solid waste disposal. Pursuant to the California State Public Resources Code Section 21081 (b) and the CEQA Guidelines Section 15091 and 15093, the City of Azusa Redevelopment Agency has balanced the benefits of the proposed 2008 Plan Amendment and has adopted all feasible mitigation measures with respect to the significant impacts. The Agency's statement is referred to as a "Statement of Overriding Consideration." Significant, Unavoidable Impacts Solid Waste Disposal. The 2008 Plan Amendment will generate an additional 1,665 pounds per day, which represents approximately 0.08 percent of the remaining permitted daily tonnage of waste into the Puente Hills Landfill. The Puente Hills Landfill will close after 2013, and therefore, any additional solid waste is considered a significant and unavoidable impact. Findings The Agency finds that specific economic, legal, social, technological, or other benefits of the proposed 2008 Plan Amendment outweigh the unavoidable adverse environmental effects of the project, and the adverse environmental effects are considered acceptable when the following project benefits are considered: 1. Attractive and Safe Community. Adoption and implementation of the 2008 Plan Amendment will improve the appearance of the community by eliminating physical and economic blight in the Merged Project Area and Added Area. As stated in the Preliminary Report, physical deterioration and dilapidation remains in the residential properties of the Merged Project, and some of the older commercial properties continue to exhibit blighting conditions. There appears to be a lack of investment by property owners to address maintenance issues. According to the blight assessment conducted for the project, the majority of the residential properties in the Merged Project Area exhibit signs of deferred maintenance and moderate rehabilitation. Blighting conditions such as exposed wiring, broken/deteriorated roof materials, deteriorated eaves/overhangs, damaged/deteriorated building materials, sagging roofs, inadequate on-site parking, faulty additions, minor non-structural damage and other blighting conditions were evident in the Project Area. Many of the commercial properties were characterized by age and obsolescence, which had led to deferred maintenance, and deterioration and dilapidation of structures that was so severe that these buildings presented unsafe and unhealthy conditions to occupants. The purpose of the 2008 Plan Amendment is to eliminate the conditions of physical and economic blight that exist in the Project Area through development of residential uses and the revitalization and reuse of commercial and industrial properties. This involves the creation of programs to eliminate economic and physical blight, fund infrastructure improvements, and funds to assist in the rehabilitation of the existing housing stock. 2. Economic Revitalization. Adoption and implementation of the 2008 Plan Amendment P P will revitalize the commercial and industrial areas of the city. Redevelopment is a tool to encourage new development and/or the rehabilitation and adaptive reuse of existing structures within the boundaries of the Project Area. Through redevelopment, a project area will receive financial investment to reverse deteriorating trends, create jobs, and attract and retain businesses and revitalize existing commercial and industrial establishments. Redevelopment will provide additional financial resources (tax increment revenues and sales tax revenues) to the Agency and City, which will help support various local public programs and services within the city. 3. Housing Opportunities. With the adoption of the Redevelopment Plan, the Agency to set aside, in a separate low- and moderate-income housing fund, not less than 20 percent of all taxes which are allocated to the Agency through tax increment revenues. These housing funds increase, improve and preserve the community's supply of housing for very-low, low-and moderate-income households throughout the city. Conclusion For the foregoing reasons, the Redevelopment Agency of the City of Azusa, serving as the Lead Agency, concludes that the adoption of the 2008 Plan Amendment will act as a tool to assist the Agency in achieving its goals: To eliminate blighting conditions and to prevent the acceleration of blight in and about the Project Area. • To provide for a broad range of land uses consistent with the General Plan and the Development Code. • To strengthen retail and other commercial functions to increase employment and revenues. To encourage the better utilization of real property, and a more efficient and effective circulation system. • To provide for adequate parcels and required public improvements and infrastructure to encourage new construction by private enterprise. To increase and improve the City's supply of very low-, low- and moderate-income residential uses. • To improve,rehabilitate and increase the existing housing stock within the Project Area. The aforementioned benefits outweigh the unavoidable environmental impacts; therefore, the City and the Agency have adopted this Findings of Fact and Statement of Overriding Consideration. Exhibit 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ELECTING TO RECEIVE ALL OR A PORTION OF THE TAX REVENUES PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33676 AND 33607.5 FROM THE AGENCY FOR THE ADDED AREA OF THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA WHEREAS, the City Council of the City of Azusa ("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 Merged Central Business District and West End Redevelopment Project ("Project Area"), which is the proposed 14th Amendment to Central Business District and 9th Amendment to the West End Redevelopment Projects; and WHEREAS, the Agency adopted a resolution on January 7, 2008 establishing a survey area for the study of areas to be added to the Project Area; and WHEREAS, the Planning Commission adopted the Preliminary Plan by resolution on January 30, 2008, which selected the 15.1 acres of territory to be included in the Central Business District portion of the Project Area ("Added Area"), the re-instatement of eminent domain authority on two (2) commercial properties, and the proposed amendment to the tax increment limit for the Project Area; and WHEREAS, the Plan Amendment has been prepared in accordance with the provisions of California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL") and proposes to include the Added Area in the Redevelopment Plan for the Project Area, re-instate eminent domain authority on two (2) commercial properties along Foothill Boulevard in the West End Project, and increase the tax increment limit for the Project Area (excluding the areas added by the 8`h Amendment to the Central Business District and the current Plan Amendment Added Area) from $114.9 million to $300 million; and WHEREAS, Section 33676 of the CRL provides that prior to the adoption of a redevelopment project or adoption of an amendment to add territory, an affected taxing agency may elect to receive, in addition to the portion of taxes allocated to the affected taxing agency pursuant to Section 33670(a) of the CRL, all or any portion of the tax revenues allocated to the Agency pursuant to Section 33670(b) of the CRL, which are attributable to the tax rate increases imposed for the benefit of the taxing agency after the tax year in which the ordinance adopting the redevelopment plan becomes effective ("Increases"); and WHEREAS; for redevelopment plans adopted or amended to add territory on or after January 1 , 1994, Section 33607.5 of the CRL provides that in any fiscal year in which a 1 redevelopment agency receives tax increment revenues, the community that has adopted the redevelopment project area or amendment area may elect to receive, and the agency shall pay it, an amount equal to twenty-five percent (25%) of its proportionate share of the tax increments received by the Agency after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted ("City Election"). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT: Section 1 . The City elects to receive all Increases and the City Election as defined herein with respect to property taxes paid from the Added Area. Section 2. The City Council directs staff to transmit a copy of this Resolution to the Executive Director of the Agency and the Los Angeles County Auditor Controller. PASSED, APPROVED AND ADOPTED this 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 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 1 oxAN CE\Exu LL%42os 2.1 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 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\EHULL42052.1 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 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 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 1 ORANGE�EHULL4205 11 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 CIN 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 day of June, 2008 by the City Council of the City of Azusa. Mayor 1 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 ORANGETHULL42051.2 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 PROJECT 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 14`h 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 day of June, 2008. r Chairperson - 2 - 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 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 EXHIBIT A OWNER PARTICIPATION RULES Owner Participation Rules Rules Governing Participation and Preferences for Owners, Operators of Business and Tenants Azusa Redevelopment Agency R V PURSPM01411 Rules Governing Participation and Preferences for Owners, Operators of Businesses and Tenants Table of Contents 1. 0 PURPOSE AND INTENT 1I 2 . 0 DEFINITIONS 1 3 . 0 GENERAL PROCEDURES 2 3 . 1 Priorities and Preferences Among Participants 4 3 . 2 Criteria for Evaluation Proposals Submitted by Participants 5 3 . 3 Time Periods for Participation and Procedures for Evaluation of Submittals 7 4 . 0 PARTICIPATION BY OWNERS 9 4 . 1 Participation in the Same Location 9 4 .2 Participation in a Different Location 9 5 . 0 PARTICIPATION BY BUSINESSES AND TENANTS 10 6 . 0 PARTICIPATION AGREEMENTS 10 6 . 1 Completion of a Participation Agreement 10 7 . 0 LIMITATIONS ON ACQUISITION OF PROPERTY BY THE AGENCY 11 8 . 0 PROCEDURE FOR AMENDING PARTICIPATION RULES 11 RVPUMPDW3411 1. 0 PURPOSE AND INTENT The Agency desires to put into effect rules for owner participation, which shall be to the Redevelopment Area Project 2 . These "Rules Governing Participation' and Preferences for Owners, Operators of Businesses and Tenants" for the Project Area (the "Owner Participation Rules") are promulgated to implement the provisions of the CRL, and the foregoing Redevelopment Plans regarding participation by owners, operators of businesses and tenants in the Project Area, and are required pursuant to CRL Section 33345. - It is the intention of the Agency to encourage and permit .participation in the redevelopment of the Project Area by owners, operators of businesses, and tenants residing within the boundaries of the Project Area, to the extent feasible and consistent with the Redevelopment Project Area 2 Plans. Participation by individual persons and firms or combinations of persons and firms are permitted and encouraged. 2 . 0 DEFINITIONS Agency - means the Azusa Redevelopment Agency. Business - means any person, persons, corporation, association, partnership, or other entity engaged in business within the Project Area on the date of, or subsequent to, adoption of the Redevelopment Plans by the Agency. City - means the City of Azusa. County - means the County of San Bernardino, California. CRL - means Sections 33000, et seq. , of the California Health and Safety Code . Executive Director - means the Executive Director of the Agency, or his/her designee. Owner - means any person, persons, corporation, association, partnership, or other entity holding title of record to real RVPUMPDM3/11 z property in the Project Area on the date of, or subsequent to adoption of the respective Redevelopment Plans by the Agency. Owner Participation Rules - means these Rules Governing Participation and Preferences for Owners, Operators of Businesses and Tenants. Participation Agreement - means an agreement entered into between the Agency and an Owner, Business or Tenant living or operating within the Project Area in accordance with the provisions of the Redevelopment Plan and the rules as designated herein. Project Area or Areas - means the Redevelopment Project Area 2, as described in the Redevelopment Plan. Redevelopment Plan or Plans - means the Redevelopment Project Area 2 , as amended. Statement of Interest, and Statement of Interest to Participant - means Exhibit "A" hereto, which is incorporated herein by reference. Tenant - means any person, persons, corporation, association, partnership or other entity that rents or leases real property on the date of, or subsequent to, adoption of the Redevelopment Plan by the Agency. 3 . 0 GENERAL PROCEDURES These Owner Participation Rules have been adopted by the Agency specifically .to implement the provisions of the Redevelopment Plans for the Project Area regarding participation and the exercise of re-entry preferences for owners, businesses and tenants within the Project Area [Section 3061 of the Redevelopment Plan) . Owners, operators of businesses, and. tenants who are desirous of exercising their participation rights and preferences shall abide by these Owner Participation Rules in exercising their preferences and participation opportunities. RVPUMPDU041 I 3 The Agency desires and encourages participation in the redevelopment of the Project Area by existing owners, operators of businesses, and tenants to the extent feasible in best achieving the objectives of the Redevelopment Plans . In view of the pattern of land use and development envisioned by the Redevelopment Plan, owners, operators of businesses, and tenants in the Project Area, will be encouraged, when feasible, to take advantage of their participation, re-entry and preference opportunities as described herein. Participation opportunities are, however, necessarily subject to and limited by factors such as the following: ? Removal, relocation and/or installation of public utilities and public facilities. ? The construction, realignment, abandonment, widening, opening or other alteration or elimination of public rights-of-way. ? The elimination and/or modification of some existing uses. ? The qualifications and the ability of participants to finance and complete proposed redevelopment within a reasonable time pursuant to a schedule for performance, with uses and improvements consistent with and in furtherance of the Redevelopment Plan. ? Any aggregation or reparcelization of parcels in the Project Area. ? Any change in orientation or character of the Project Area. ? The requirements of the Redevelopment Plan and rules, regulations, and ordinances of the City. ? Any design guidelines adopted by the Agency pursuant to the Redevelopment Plan. ? The assembly and development of areas for public and/or private development in accordance with the RVPUH PDV03411 4 Redevelopment Plan, and the necessity to assemble areas for such development. ? The feasibility of the potential participant ' s proposal. ? The capability and/or experience necessary to implement proposed development, as determined in good faith by the Agency. ? The construction and expansion of public facilities . 3.1 Priorities and Preferences Among Participants If conflicts develop between the desires of participants and developers for particular sites or land uses, the Agency is, with consideration of the factors above, authorized to establish reasonable priorities and . preferences among the potential participants and developers and to determine a solution by consideration of factors including but not limited to: 1 . Length of time in the area. 2 . The needs of and desires for the area. 3 . Accommodation of as many potential participants as possible. 4 . Ability to perform. 5 . similar land uses. 6 . Conformity with intent and purpose of the Redevelopment Plan. Participation, to the extent feasible, shall be available for two or more persons, firms or institutions to join together in partnerships, corporations, or other joint entities . If a conflict develops, the Agency shall review the factors and shall make a determination as to which of the competing proposals best meets the objectives of the CRL, the Redevelopment Plan and these Owner Participation Rules . The RVPUH PDD 03411 5 Agency is authorized to make that determination in its subjective judgment 3.2 Criteria for Evaluation Proposals Submitted by Participants The Agency may, in its discretion, decline any offer of owner participation, resolve conflicting proposals between Owners or resolve conflicting proposals between Owners and others interested in developing their property. Proposals submitted for particular sites or land uses will be appraised by the Agency after consideration of the following factors : 1. Conformity of the proposal, including with respect to uses, with the Redevelopment Plan and other enactments . 2 . Conformity of the proposal with the intent and objectives of the Redevelopment Plan. 3 . The degree to which the proposal best furthers the objectives of the Redevelopment Plan. 4 . The employment opportunities and economic benefits to the Agency and to the community that can be reasonably expected to result from the implementation of the proposals . 5 . Development team qualifications, including experience and financial capacity to undertake the project, the ability of the person(s) desiring to redevelop the property to implement the proposed project, taking into consideration the proponent ' s financial capability, prior experience with similar development, degree of site control, ability to obtain financing, ability to abide by Agency design standards and , development controls, and readiness to proceed. 6 . Estimated cost, if any, of City or Agency involvement, including the provision of City or Agency services, to be required if the proposal is accepted. RVPUMPDW34I1 6 7 . Removal of blighting conditions within the Project Area and the upgrading of uses . 8 . Economic benefits to the Agency and the community, as determined by a cost/benefit analysis, if the proposal is approved and the proposed development implemented. 9 . The likelihood of successful implementation. 10 . Time schedule for completion of the proposed project. 11 . Involvement of other Project Area tenants or owners . 12 . Completeness of the proposal, including land uses, site control, financing proposal, densities, tenants and, if applicable, manufacturer or franchise approval . 13 . Environmental benefits (or lesser degree of detrimental impact) . 14 . Quality of design, project concept and architectural design features . Satisfaction of the above listed criteria can be effected by the submitted party itself, or by a partner or joint venturer. Any such partner or joint venturer must be identified at the time of submittal, and must be authorized to make representations to the Agency on behalf of the partnership or joint venturer. In the event conflicting submittals are received that satisfy the criteria set forth in the above, the following criteria shall be applied to resolve such conflict : 1 . Best satisfaction of the criteria set forth above. 2 . Greatest public benefit. The Agency may receive and consider proposals from persons other than owners or tenants concurrent with the receipt and consideration of proposals by owners and tenants . The Agency will evaluate all such proposals based upon the criteria set RVVUe PDM3411 7 forth in the above section. The Agency shall give preference to proposal by owners and tenants in the event an owner or tenant submits a proposal that fulfills the criteria set forth in the above section to substantially the same extent as that achieved by a proposal by a person other than an owner or tenant. 3 .3 Time Periods for Participation and Procedures for Evaluation of Submittals At any time prior to entering into an agreement with a developer who is not an Owner or a Tenant in the Project Area for the assemblage of a particular site, the Agency, will notify all directly affected Owners and Tenants from within the particular site of the Owner Participation Rules . Owners and tenants so notified will be given an appropriate period of time to respond of not less than fourteen (14) calendar days. Any Owner or Tenant interested in participating in the redevelopment of the particular site must submit a "Statement of Interest" . Any Statement of Interest must be in writing, and in substantially the form of the . Statement of Interest which is attached hereto as Exhibit "A" or in such other form as required by the Agency. A blank Statement of Interest form shall be attached to the Agency' s notification. The Agency shall, within ten (10) . calendar days after receipt of a Statement of Interest, acknowledge receipt of the Statement of Interest by a confirming letter to the prospective participant. Such written acknowledgment shall not obligate the Agency to ultimately reach agreement with the applicant or to reject other proposals. within an appropriate period of time, as determined by the Executive Director, based upon the complexity of the project, following the submittal of the Statement of Interest, any owner or tenant desiring to be considered as a developer must submit a ' detailed proposal for the project, which shall include such items as required by the Executive Director including but not limited to a development proforma, a business plan, a financing plan, and a site plan for the proposed development. An Owner or Tenant desiring to participate in the proposed development as a tenant shall describe generally its business, and shall provide such additional information as may be requested by the Executive Director. The Agency's staff will be available throughout the submittal period to discuss proposals and to assist Owner and nvruaisrovax ii 8 Tenant participants. The participant shall be fully responsible for the content of any proposal . The Agency will make reasonable efforts to accommodate the interested Owners, Businesses, and Tenants desiring to participate in the project. Upon receipt of requests for consideration by owners or Tenants from within the Project Area with respect to owner participation or re-entry of business within the Project Area, the Agency through its staff, will review such submittals, as set forth below. Upon receipt of submittals, initial evaluation shall be conducted by the Executive Director. Each party making a submittal is responsible for the completeness and accuracy of its submittals in accordance with the Executive Director' s written requirements. Proposals to participate as tenants shall include a description of the subject business, a business plan, and such other information as the proponent may deem appropriate or as may be requested by the Executive Director. In the event that incomplete proposals are submitted which do not comply with the Executive Director' s . written requirements such failure to provide the required information may terminate consideration of any such submittal at the Executive Director' s discretion. Upon receipt of one or more submittals, and additional information as applicable, the Executive Director will evaluate the submittal and make a determination with respect to whether the submittal conforms to the criteria set forth in this Section 3 . 0 . Where the Executive Director deems appropriate, the Executive Director or a staff member will meet with the applicant and discuss the proposal prior to making a determination concerning the proposal . A determination shall be made by the Executive Director within a reasonable period after the receipt of the proposal and the Executive Director shall make its recommendation to the Agency Board. The Agency Board, in its consideration of the Executive Director' s recommendation, may consider written information submitted by an applicant not in RVPUWPDZU3411 9 agreement with the Executive Director. The Agency Board' s decision shall be final . 4 . 0 PARTICIPATION BY OWNERS 4.1 Participation in the Same Location In appropriate circumstances where such action would foster the unified development contemplated by the Redevelopment Plan, an Owner may participate in substantially the same location either by retaining all or portions of his property, or by retaining all or portions of his property and purchasing adjacent property if needed and available for development in accordance with the Redevelopment Plan. An owner who participates in the same ,location may be required to rehabilitate or demolish all or part of his existing buildings or the Agency may acquire only the buildings and remove or demolish such buildings . Where a proposal to participate in the same location involves a property in good condition, but with an existing use which does not conform to the provisions of the Redevelopment Plan, the Agency may allow such use to continue provided that such use is generally compatible with the permitted uses in the area. In order to remain in the Project Area with a nonconforming use, the owner must agree to the imposition of such reasonable restrictions as are necessary to protect the permitted uses in the remainder of the Project Area. The final decision concerning acquisition of real .property by the Agency will be based upon the conditions existing at the time the Agency purchases property or enters into Participation Agreements. 4 . 2 Participation in a Different Location When necessary to accomplish the objectives of the Redevelopment Plan, the Agency may purchase property from existing Owners within the Project Area. The Agency may thereafter offer for sale or lease such properties and/or consider using the property for public use. The Agency may receive and consider proposals from persons other than Owners or Tenants concurrent with the receipt and consideration of RVPUMPDVD3411 10 proposals by Owners and Tenants. The Agency will evaluate all such proposals based upon the criteria set forth in Section 3 .2 . 5. 0 PARTICIPATION BY BUSINESSES AND TENANTS Pursuant to these Owner Participation Rules, Businesses or Tenants in the Project Area will be given a reasonable opportunity to remain or preferences to re-enter, within the Project Area, if they otherwise meet the requirements prescribed by the Redevelopment Plan and these Owner Participation Rules. In the case of re-entry, preferences will be given if suitable facilities become available with implementation of the Redevelopment Plan. The viability of the involvement of a business or tenant in re-entry will depend, in part, upon the ability of the person to participate on the basis proposed, including such factors as the ability to pay the requisite rent, the suitability of the proposed tenancy for the development under consideration, readiness to proceed, and those other factors as generally set forth in Section 3 .2 . 6 . 0 PARTICIPATION AGREEMENTS 6.1 Completion of a Participation Agreement Each Owner, Business, or Tenant who has submitted a proposal for participation which is accepted by the Agency Board pursuant to the requirements of these Owner Participation Rules shall enter into a Participation Agreement with the Agency. Each Participation Agreement will contain provisions necessary to ensure that the participation proposal will be carried out, and that the subject property will be developed and/or rehabilitated and used in accordance with the conditions, restrictions, rules and regulations of the Redevelopment Plan and the subject Participation Agreement. Each Participation Agreement will require the participant to join in the recordation of such documents as the Agency may require in order to ensure conformance with applicable laws, conditions, restrictions, rules and regulations. A Participation Agreement may provide that if the Owner, Business, or Tenant does not comply with the terms of the Participation Agreement, the Agency, in addition to other RVPUMPM3041I n remedies, may acquire their property or any interest therein by any lawful means, and the Agency may thereafter dispose of the property or interest so acquired in accordance with the Redevelopment Plan. All Participation Agreements will become effective only when approved by the Agency Board. 7 .0 LIMITATIONS ON ACQUISITION OF PROPERTY BY THE AGENCY The Agency shall not acquire real property to be retained by a participant pursuant to a Participation Agreement if the participant fully performs under the Participation Agreement . The Agency shall not acquire real property on which an existing building is to be continued at its present site and in its present form and use without the consent of the owner or occupant unless: ? Such building is required, under applicable housing, building, electrical, plumbing or other codes or standards to be improved, modernized cr rehabilitated to assure that such structures are decent, safe and sanitary for people and businesses to occupy. ? The site or lot on which the building is situated requires modification in size, configuration or use. ? It is necessary to impose upon such property any of the standards, restrictions and controls of the Redevelopment Plan, and the owner fails or refuses to participate in the Redevelopment Plan by executing a Participation Agreement. 8 . 0 PROCEDURE FOR AMENDING PARTICIPATION RULES These Owner Participation Rules shall be subject to review and amendment by the Agency from time to time upon adoption of a resolution so providing. RVrUMPWUo ii 12 EXIiXBXT "A" Statement of Interest in Participation RVPUH PDU0411 13 Central Business District and West End Redevelopment Project Area Statement of Interest in Participation I hereby express my interest in participating in the Redevelopment Project Area (the "Project Area") and submit the following information: 1. Name: Telephone 2 . Home Address : 3 . Name of Business: 4 . Address of Business: 5. My present involvement in the Project Area is (please check where applicable) : I now own ( ) ; am a Tenant ( ) ; and wish to rehabilitate ( ) ; build (—TTsell ( ) my present property. If Tenant, indicate : month-to-month (_) ; lease (_) ; term of lease: expiration date of lease: Options extend lease to If lease, is there an option to purchase? Yes (_) ; No (_) Comments : NVPUMPDW3411 ]4 6. I am interested in participating: As a Property Owner (_) ; As a Tenant (_) ; Other (please describe) : 7 . My present type of business is : B . If I participate: I would like to continue at the same location ( ) I would like to change my present location ( } I would like to acquire real property for expansion (indicate approximate location requirements) 9 . Background, experience, and information concerning your proposal (you may include further information on this page or attach additional sheets if you desire to do so) : (a) Generally describe background and experience: RVPUnPDU01411 15 (b) Describe the activities you propose and indicate your experience relevant to your proposal: (c) If you enclose a business plan or construction and operating proforma relative to your proposed activity, these will be considered with your Statement of Interest. ADDITIONAL REMARKS: xvruasr D�03411 16 10 . I understand that submission of this Statement of Interest does not in any way obligate me to participate in the Project . Signed: Print Name: Title (if applicable) : Dated: RETURN WITHIN 30 DAYS TO: Statement of Interest Azusa Redevelopment Agency 213 East Foothill Blvd. P O. Box 1395 Azusa, CA 91702-1395 R V PUnPDVOJA 11 17 EXHIBIT"B" METHOD OF RELOCATION FOR THE MERGED, CENTRAL BUSINESS DISTRICT PROJECT AREA WEST END AND THE RANCE CENTER REDEVELOPMENT PROJECT AREAS Pursuant to Section 33411 of the Community Redevelopment Law, California Health and Safety Code Sections 33000, at seq. ("CRL"), a method or plan must be prepared for the relocation of. (i) families and persons to be temporarily or permanently displaced from housing facilities in a redevelopment project area (the "Project Area"); and (ii) nonprofit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the Project Area. CRL Section 33411.1 requires that the method or plan of the Azusa Redevelopment Agency (the "Agency")provide that no persons or families of low or moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwelling. This Relocation Method is intended to demonstrate the clear intentions of the Agency to provide elocation assistance as required by law to persons who may be displaced from the Project Area, as amended. Such assistance as provided for herein, together with compliance with any and all applicable legal requirements regarding relocation, are purposefully intended- to minimize_the inconvenience caused by displacement and the need.to relocate. The Redevelopment Plans for the Merged Central Business District(West End Redevelopment and Ranch Center Project Areas and the Ranch Center Redevelopment Project Area are not a specific plan for the redevelopment of the Project Areas. The Redevelopment Plans do not, for example, specify parcels that the Agency intends to acquire, nor do the Redevelopment Plans indicate who may be displaced by Agency activities. The Agency does not anticipate that implementation of the Redevelopment Plans will dislocate businesses, residents or local community institutions; however, it may be necessary for the Agency to undertake relocation actions at some time during project implementation. As such, specific businesses, residents, or local community institutions to be relocated cannot be identified at this time. If relocation activities are undertaken, the Agency will handle those relocation cases which result from project activities on a case by case basis. As an agency formed under the provisions of State law, the Agency is required to adhere to the California Relocation Assistance Act, Government Code Sections 7260, at sea. (the "Act") and the Relocation Assistance and Real Property Acquisition Guidelines, 25 California Code of Regulation Sections 6000, at sea. the "Guidelines"). Therefore, in conformance with Sections 33352(f) and 33411 of the CRL, the Agency adopts as its "Method of Relocation" the Act and the Guidelines as they row exist and as they may be Rvrut3SPDM341 1 �g I amended from time to time. A copy of the currently applicable version of the Act and the Guidelines is on file in the offices of the City Clerk/Agency Secretary and is incorporated herein by reference. Any revisions to the Act and/or the Guidelines shall be automatically incorporated within this Method of Relocation without further action by the Agency. Prior to commencement of any acquisition activity, which will cause substantial displacement of residents, the Agency will adopt a specific relocation plan in conformance with the Guidelines. To the extent appropriate, the Agency may supplement those provisions provided in the Guidelines to meet the particular relocation needs of a specific project. Such supplemental policies will not involve reduction, but instead enhancement, of the relocation benefits required by the Act and the Guidelines. RVPUMSPDINM3 2 RVPU6 PDU03011 EXHIBIT B RELOCATON ASSISTANCE LAW AND REAL PROPERTY ACQUISITION GUIDELINES Page 1 1 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 1. GENERAL 15 CCR 6000(2006) §6000. Order of Adoption This subchapter(hereinafter referred to as the"Guidelines")is adopted pursuant to the provisions of Section 41135, Health and Safety Code,in order to implement,interpret and to make specific provisions of Division 7,commencing with Section 7260 of the Government Code(hereinafter referred to as the"Act"),relating to relocation assistance,last resort housing and real property acquisition. AUTHORITY: Note: Authority cited for Chapter 6: Sections 41134,41135, and 41226, Health and Safety Code. Reference: Section 7260 el seq., Government Code;41134,41135,and 41226,Health and Safety Code. HISTORY: 1.Amendment filed 11-5-76 as an emergency;designated effective 11-27-76(Register 76,No. 44).For prior history,see Register 76,No.44. 2.Redesignation of Chapter 6(Sections 6000-6198,not consecutive)to Chapter 6,Subchapter 1 (Sections 6000-6198, . not consecutive)filed 1-28-77 as procedural and organizational;effective upon filing(Register 77 No.5). 3.Amendment filed 1-28-77 as procedural and organizational;effective upon filing(Register 77,No. 5). 4.Certificate of Compliance as to filing of 11-5-76 filed 2-16-77(Register 77,No.8). Page 2 2 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright C 2006 by Barclays Law Publishers All rights reserved •THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006" TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DMSION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 1. GENERAL 25 CCR 6002(2006) §6002. Statement of Purpose and Policy (a) The purpose of the Guidelines is to assist public entities in the development of regulations and procedures implementing the Act. (b)The Guidelines are designed to cavy out the following policies of the Act: (1)To ensure that uniform,fair and equitable treatment is afforded persons displaced from their homes,businesses or farms as a result of the actions of a public entity in order that such persons shall not suffer disproportionate injury as a result of action taken for the benefit of the public as a whole;and (2)In the acquisition of real property by a public entity,to ensure consistent and fair treatment for owners of real property to be acquired,to encourage and expedite acquisition by agreement with owners of such property in order to avoid litigation and relieve congestion in courts,and to promote confidence in public land acquisition. (c)A public entity shall not participate in or undertake a project that will displace individuals from thew homes unless comparable replacement dwellings(see subsection 6008(c))will be available within a reasonable period of time prior to displacement. (d)The Guidelines are intended to establish only minimum requirements for relocation assistance and payments. They shall not be construed to limit any other authority or obligation which a public entity may have to provide additional assistance and payments. (e)The Act and the Guidelines are intended for the benefit of displaced persons,to ensure that such persons receive fair and equitable treatment and do not suffer disproportionate injuries as the result of programs designed for the benefit of the public as a whole.The Act,Guidelines and all applicable regulations on which determinations are based shall be construed to effect this intent. Page 3 3 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved 'THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 1. GENERAL 15 CCR 6004(2006) §6004. Applicability and Supersedure (a)Except as otherwise noted in this section,the Guidelines are applicable to all displacement and acquisition occurring on or after their effective date,January 1, 1977. (b) These Guidelines supersede those adopted by the Commission of Housing and Community Development on October 17, 1973. The guidelines so superseded shall not apply to any displacement or acquisition occurring on or after the effective date of these Guidelines.Any such displacement or acquisition shall be governed solely by these Guidelines and the California Relocation Act,found at Government Code section 7260 et seq. The provisions of these Guidelines,however,shall not be constmed retroactively to apply to action(s)undertaken by a public entity prior to their effective date where the purpose of the action was to fulfill obligations imposed by the Act and the action is in compliance with the requirements of the Act and the existing Guidelines.For the purpose of this section the term"action" shall include but is not limited to: the provision of information,notice,other assistance,comparable replacement housing,payments and other benefits;the preparation of relocation and last resort housing plans, including the survey and analysis of needs and resources; the processing of grievances; and the various steps taken in connection with the acquisition of property for public use. These guidelines shall apply to relocation plans and notices to displacees subsequent to the effective date of any regulatory provision.The right of displacees shall not be reduced in reliance on any amendment to these guidelines where it may be demonstrated that the displacee has acted in reliance on a notice given to that household prior to the effective date of any guideline. (c)To the extent that these Guidelines are from time to time amended,the amendments shall be effective prospectively from the date that they become effective. AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Article 4,Section 8, California Constitution. HISTORY. 1.Amendment of subsection(b)filed 11-5-76 as an emergency;designated effective 11-27-76(Register 76,No.44). 2.Certificate of Compliance filed 2-16-77(Register 77,No.8). 3.Amendment of section and new Note filed 8-12-97;operative 9-11-97(Register 97,No. 33). Page 4 4 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006* - TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 1. GENERAL 25 CCR 6006(2006) §6006. Regulations (a)Each public entity before undertaking or participating in activity which will result in the displacement of persons shall adopt rules and regulations that implement the requirements of the Act,me in accordance with the provisions of the Guidelines,and prescribe additional procedures and requirements that are appropriate to the particular activities of the public entity and not inconsistent with the Act or Guidelines. (b) Rules and regulations issued under this section shall be promptly revised as necessary, to conform to any amendment of the Act or Guidelines. 5 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 -- TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION I. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES -ARTICLE 1. GENERAL - 15 CCR 6008(2006) §6008. Definitions The following terms shall mean: (a)Acquisition. Obtaining ownership or possession of property by lawful means. (b)Business. Page 5 25 CCR 6008 Any lawful activity,except a farm operation provided such lawful activity is not in an unlawful occupancy as defined in subsection(v),conducted primarily: (1) For the purchase, sale, lease, or rental of personal and real property, and for the manufacture, processing, or marketing of products,commodities,or any other personal property; (2)For the sale of services to the public; (3)By a nonprofit organization;or (4)Solely for the purpose of a moving expense payment(see section 6090),for assisting in the purchase,sale,resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display,whether ornot such display is located on the premises on which any of the above activities are conducted. (c)Comparable Replacement Dwelling. A dwelling which satisfies each of the following standards: , (1)Decent,safe and sanitary(as defined in subsection 6008(d)),and comparable to the acquired dwelling with respect to number of rooms,habitable living space and type and quality of construction,but not lesser in rooms or living space than necessary to accommodate the displaced person. (2)In an area not subjected to unreasonable adverse environmental conditions from either natural or manmade sources, and not generally less desirable than the acquired dwelling with respect to public utilities,public and commercial facilities and neighborhood conditions, including schools and municipal services, and reasonably accessible to the displaced person's present or potential place of employment;provided that a potential place of employment may not be used to satisfy the accessibility requirement if the displaced person objects. The Act and Guidelines do not require that the replacement dwelling be generally as desirable as the acquired dwelling with respect to environmental characteristics.Though a displaced person does not have to accept a dwelling subject to unreasonable adverse environmental conditions,neitheris a public entity required to duplicate environmental characteristics,such as scenic vistas or proximity to the ocean,lakes,rivers,forests or other natural phenomena. If the displaced person so wishes,every reasonable effort shall be made to relocate such person within or near to his existing neighborhood. Whenever practicable the replacement dwelling shall be reasonably close to relatives, friends, services or organizations with whom there is an existing dependency relationship. (3)Available on the private market to the displaced person and available to all persons regardless of race,color, sex, marital status,religion,or national origin in a manner consistent with Title VIII of the Civil Rights Act of 1968 or any other applicable state or federal anti-discrimination law. (4)To the extent practicable and where consistent with paragraph(c)(1)of this section, functionally equivalent and substantially the same as the acquired dwelling,but not excluding newly constructed housing. (5)(A) Within the financial means of the displaced person. A replacement dwelling is within the financial means of a displaced person if the monthly rental cost(including utilities and other reasonable recurring expenses)minus any replacement housing payment available to the person(as provided in section 6104)does not exceed thirty percent(30%)1 - of the person's average monthly income(as defined in subsection 6008(1)). (B) For homeowners; a replacement dwelling is within the financial means of a displaced person if the purchase price of the dwelling including related increased interest costs and other reasonable expenses including closing costs (as described in section 6102)does not exceed the total of the amount of just compensation provided for the dwelling acquired and the replacement housing payment available to the person(as provided in section 6102). If a dwelling which satisfies these standards is not available the public entity may consider a dwelling which exceeds them. (d)Decent,Safe and Sanitary. (1)Housing in sound,clean and weather tight condition,in good repair and adequately maintained,in conformance with the applicable state and local building,plumbing,electrical,housing and occupancy codes or similar ordinances or Page 6 25 CCR 6008 regulations and which meets the following minimum standards: (A) Each housekeeping unit shall include a kitchen with a fully usable sink, a stove or connection for a stove, a separate and complete bathroom,hot and cold running water in both bathroom and kitchen,an adequate and safe wiring system for lighting and other electrical services and heating as required by climatic conditions and local codes. (B) Each nonhousekeeping unit shall be in conformance with state and local code standards for boarding houses, hotels and other dwellings for congregate living. (2)When the term decent,safe and sanitary is interpreted,under local,state or federal law,as establishing a higher standard, the elements of that higher standard, which exceed the provision of paragraph (1) of this subsection, are incorporated herein.A unit which is occupied by no more than the maximum number of people allowed under the State _ Building Code shall be considered to be in compliance with the occupancy provisions of this subsection. (e)Department.Department of Housing and Community Development. (f)Displaced Person. Any person who moves from real property, or who moves his personal property from real property,either: (1)As a result of a written notice of intent to acquire by a public entity or as a result of the acquisition of such real property,in whole or in part,by a public entity or by any person having an agreement with or acting on behalf of a public entity,or as the result of a written order from a public entity to vacate the real property,for public use;or (2)As a result of the rehabilitation,demolition or other displacing activity undertaken by a public entity or by any person having an agreement with or acting on behalf of a public entity of real property on which the person is in lawful occupancy or conducts a business,and the displacement except as provided in Government Code section 7262.5, lasts longer than 90 days. This definition shall be construed so that persons displaced as a result of public action receive relocation benefits in cases where they are displaced as a result of an owner participation agreement or an acquisition carried out by a private person for or in connection with a public use where the public entity is otherwise empowered to acquire the property to carry out the public use. (3)Except persons or families of low and moderate income, as defined in Section 50093 of the Health and Safety Code,who are occupants of housing which was made available to them on a permanent basis by a public agency and who are required to move from that housing,a displaced person shall not include any of the following: (A)Any person who has been determined to be in unlawful occupancy of the displacement property as defined in subsection 6008(v). (B)Any person who is a post-acquisition occupant of the displacement dwelling,as provided in section 6034(b); (C)Any person who occupied the property for the purpose of obtaining relocation benefits and assistance: (D)Any person who is an occupant of a"Qualified affordable housing preservation project"and all requirements of Government Code section 7262.5 are met;or (E)Any person occupying private property(not otherwise entitled to relocation benefits as a result of an acquisition, rehabilitation or demolition program)who is required to move as a result of the displacing agency's routine enforcement of building,housing or health codes unless the code enforcement is undertaken for the purpose of causing displacement in coordination with an identified rehabilitation,construction,or demolition program or project (F) A person who is not required to move permanently or temporarily as a result of the project as long as they are notified they are not required to move and the project does not impose an unreasonable change in the character or use of the property. (G)An owner-occupant who moves as a result of an acquisition meeting the requirements of Government Code section 7277. (g)Dwelling.The place of permanent or customary and usual abode of a person,including a single-family dwelling, a single-family unit in a two-family dwelling, multi-family or multipurpose dwelling, a unit of a condominium or cooperative housing project,a nombousekeeping unit,a mobilebome, a recreational vehicle as described in Health and Page 7 25 CCR 6008 Safety Code Section 18010, or any other residential unit which either is considered to be real property under State law or cannot be moved without substantial damage or unreasonable cost.A residence need not be decent, safe and sanitary to be a dwelling. A second home shall be considered to be a dwelling only for the purpose of establishing eligibility for payment for moving and related expenses(as provided in section 6090). (b) Economic Rent. The amount of rent a tenant or homeowner would have to pay for a dwelling similar to the acquired dwelling in a comparable area. (i)Elderly Household.A household in which the head of household or spouse is 62 years or older. 0)Family. Two or more individuals who by blood,marriage,adoption,or mutual consent live together as a family unit. (k)Farm Operation.Any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. (1)Gross Income.Gross income means the total annual income of an individual,or where a family is displaced total annual income of the parents or adult heads of household,less the following: (1)A deduction of$500 for each dependent in excess of three. - (2)A deduction of ten percent(10%)of total income for an elderly or handicapped household. (3)A deduction for recurring, extraordinary medical expenses, defined for this purpose to mean medical expenses in excess of three percent of total income,where not compensated for or covered by insurance or other sources,such as public assistance or tort recovery. (4)A deduction of reasonable amounts paid for the care of children or sick or incapacitated family members when determined to be necessary to employment of the head or spouse,except that the amount deducted shall not exceed the amount of income received by the person thus released. Gross income is divided by twelve to ascertain the average monthly income.Relocation and property acquisition payments are not to be considered as income for the determination of financial means. (m)Handicapped Household.A household in which any member is handicapped or disabled. (n)Initiation of Negotiations.The initial written offer made by the acquiring entity to the owner of real property to be purchased,or the owner's representative. (o)Manufactured Home or Mobilehome.A structure described in Health and Safety Code sections 18007 and 18008. (p)Mortgage. Such classes of liens as are commonly given to secure advances on,or the unpaid purchase price of, real property,together with the credit instruments,if any,secured thereby. (q)Ownership. Holding any of the following interests in a dwelling, or a contract to purchase one of the first six interests: (1)A fee title. (2)A life estate. (3)A 50-year lease. (4)A lease with at least 20 years to run from the date of acquisition of the property. (5)A proprietary interest in a cooperative housing project which includes the right to occupy a dwelling. (6)A proprietary interest in a mobilehome. (7)A leasehold interest with an option to purchase. In the case of one who has succeeded to any of the foregoing interests by devise,bequest,inheritance or operation of law,the tenure of ownership,but not occupancy,of the succeeding owner shall include the tenure of the preceding owner. Page 8 25 CCR 6008 (r)Person.Any individual,family,partnership,corporation,limited liability corporation or association. (s)Public Entity.Includes the state,the Regents of the University of California,a county,city,city and county,district, public authority,public agency,and any other political subdivision or public corporation in the state when acquiring real property,or any interest therein,or ordering that acquired property be vacated,in any city or county for public use. (t)Public Use.A use for which property may be acquired by eminent domain. (u)Tenant.A person who rents or is otherwise in lawful possession of a dwelling,including a sleeping roam,which is owned by another. (v)Unlawful Occupancy.A person is considered to be in unlawful occupancy if the person has been ordered to move by a court of competent jurisdiction or if the person's tenancy has been lawfully terminated by the owner for cause,the tenant has vacated the premises,and the termination was not undertaken for the purpose of evading relocation assistance obligations. 1For those who,pursuant to the criteria set forth in Government Code section 7260(i)(3)(A)through(J),would have qualified as a"displaced person"prior to January 1,1998,the applicable figure shall be twenty-five percent(25%)of the person's average monthly income. AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Sections 7260(b),(c)(2)(A),(1)(1)and 7277, Government Code;Section 17000, Corporations Code,and Sections 18007, 18008, 18010 and 50093,Health and Safety Code. HISTORY: 1.Amendment of section and new Note filed 8-12-97;operative 9-11-97(Register 97,No. 33). 2.Redesignation and amendment of former subsection(c)(5)as subsections(c)(5)(A)-(B)and amendment of subsections (f)(2)and(f)(3)(D)filed 10-7-99;operative 11-6-99(Register 99,No.41). 6 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT _ DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 1. GENERAL 15 CCR 6010(2006) § 6010. Prior Determinations Page 9 25 CCR 6010 (a)Displacement.No public entity may proceed with any phase of a project or other activity which will result in the displacement of any person,business or farm until it makes the following determinations: (1) Fair and reasonable relocation payments will be provided to eligible persons as required by Article 3 of the �I Guidelines. (2)A relocation assistance program offering the services described in Article 2 of the Guidelines will be established. til (3) Eligible persons will be adequately informed of the assistance, benefits, policies, practices and procedures, including grievance procedures,provided for in these Guidelines. (4)Based upon recent survey and analysis of both the housing needs of persons who will be displaced and available replacement housing and considering competing demands for that housing, comparable replacement dwellings will be available,or provided,if necessary,within a reasonable period of time prior to displacement sufficient in number,size and cost for the eligible persons who require them. (5)Adequate provisions have been made to provide orderly,timely, and efficient relocation of eligible persons to comparable replacement housing available without regard to race,color, religion,sex,marital status, or national origin with minimum hardship to those affected. (6)A relocation plan meeting the requirements of section 6038 has been prepared. (b)Acquisition.No public entity may proceed with any phase of a project or any other activity which will result in the acquisition of real property until it determines that with respect to such acquisition and to the greatest extent practicable, - (1)Adequate provisions have been made to be guided by the provisions of Article 6 of the Guidelines,and (2)Eligible persons will be informed of the pertinent benefits,policies and requirements of the Guidelines. HISTORY: 1.Amendment of subsection(b)filed 11-5-76 as an emergency;designated effective 11-27-76(Register 76,No.44). 2.Certificate of Compliance filed 2-16-77(Register 77,No.8). 7 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved `THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006` TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 1. GENERAL 25 CCR 6012(2006) §6012. Citizen Participation Page 10 25 CCR 6012 (a)All persons who will be displaced,neighborhood groups and any relocation committee shall be given an opportunity and should be encouraged fully and meaningfully to participate in reviewing the relocation plan and monitoring the relocation assistance program. (b)When a substantial number of persons will be displaced from their dwellings the public entity shall encourage the residents and community organizations in the displacement area to form a relocation committee.The committee shall include, when applicable, residential owner occupants, residential tenants, business people, and members of existing organizations within the area. In lieu of initiating a new process of citizen participation, public entities which have conducted or are conducting a citizen participation process as part of an existing development program may substitute such process if it satisfies the requirements of this section. If a substantial number of persons will not be displaced from their dwellings,the public entity shall at least consult with and obtain the advice of residents and community organizations and make the relocation plan available to such persons and organizations prior to submitting it to the legislative body for approval.(See section 6038.) (c)At a minimum the displacing entity shall guarantee the following: (1)Timely and full access to all documents relevant to the relocation program.A public entity may reasonably restrict access to material where its confidentiality is protected by law or its disclosure is prohibited by law. The displacing entity shall ensure that the information in documents the provision of which would result in disclosure of the identity of eligible persons is provided in a manner designed to avoid such disclosure. This obligation to avoid improper disclosure shall not affect the right of the person to which theinformation relates(or any other person authorized in writing by such person)to inspect such documents. (2)The provision of technical assistance necessary to interpret elements of the relocation plan and other pertinent materials. (3)The right to submit written or oral comments and objections,including the right to submit written comments on the relocation plan and to have these comments attached to the plan when it is forwarded to the local legislative body or the head of the state agency for approval. (4)Prompt,written response to any written objections or criticisms. - 8 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved 'THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 1. GENERAL 25 CCR 6014(2006) §6014. Prerequisite to Displacement No person shall be displaced until the public entity has fulfilled the obligations imposed by the Act and Guidelines. Page 11 9 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 1. GENERAL 25 CCR 6016(2006) §6016. Remedies (a) If the public entity has not fulfilled or is not substantially fulfilling its relocation responsibilities, it shall cease I, displacement until such time as its responsibilities are fulfilled. When appropriate project implementation shall be suspended or terminated. (b)Eligible persons who move without offers of assistance and benefits,after the public entity was required to offer assistance or benefits,shall be provided such assistance and payments and,when appropriate,compensation for additional costs incurred.The displacing entity shall make every effort to identify and locate such persons. (c)A public entity may pay a complainant's attorney's fees and costs and is encouraged to consider doing so when a complainant institutes a successful administrative appeal or judicial action. (d)The enumeration of remedies in this section is not intended to discourage or preclude the use of other remedies consistent with the intent of the Act and Guidelines.Rather a public entity is encouraged to consider and adopt other remedies. 10 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved j *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 1. GENERAL 25 CCR 6018(2006) §6018. Priority of Federal Law Page 12 25 CCR 6018 If a public entity undertakes a project with federal financial assistance and consequently must provide relocation assistance and benefits as required by federal law, the provisions of the Act and Guidelines shall not apply; but if an obligation to provide relocation assistance and benefits is not imposed by federal law the provisions of the Act and Guidelines shall apply. - I1 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 1. GENERAL 25 CCR 6020(2006) §6020. Severability - If any provision of the Guidelines or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of the Guidelines which can be given effect without the invalid provision or application,and to this end the provisions of the Guidelines are severable. 12 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright C 2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT - DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING 25 CCR 6030(2006) Page 13 25 CCR 6030 § 6030. Purpose The purpose of this part is to set forth requirements with respect to the development and implementation of a relocation assistance advisory program for the provision of specified services and to prescribe the obligation of a public entity not to displace or cause the displacement of any person from his dwelling without adequate notice and unless comparable replacement housing is available. 13 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved 'THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING 25 CCR 6032(2006) - §6032. Relocation Assistance Advisory Program Public entities shall develop and implement a relocation assistance advisory program which satisfies the requirements of this article and of Title VI of the Civil Rights Act of 1964,Title VIII of the Civil Rights Act of 1968,the Unruh Civil Rights Act,the Rumford Act and applicable state and federal anti-discrimination laws.Such program shall be administered so as to provide advisory services which offer maximum assistance to minimize the hardship of displacement and to ensure that (a)all persons displaced from their dwellings are relocated into housing meeting the criteria for comparable replacement housing,and(b)all persons displaced from their places of business or farm operations are assisted in reestablishing with a minimum of delay and loss of earnings. AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Section 7261, Government Code. HISTORY: 1.Amendment of section and new Note filed 8-12-97;operative 9-11-97(Register 97,No.33). Page 14 14 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved • THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006'r TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING 15 CCR 6034(2006) § 6034. Eligibility (a)Relocation assistance and benefits shall be available to: (1)Any person who occupies property from which he will be displaced. (2)Any person who will move from real property or will move his personal property from real property,because he will be displaced from other real property on which he conducts a business or farm operation. (3)Any person who moves from real property as a result of its acquisition by a public entity whether the move is voluntary or involuntary. (4)Any person who, following the initiation of negotiations by a public entity,moves as the result of the pending acquisition. (5)Any person who moves as the result of pending acquisition,rehabilitation or demolition by a public entity either following receipt of a Notice of Intent to Displace(see section 6086)or as a result of inducement or encouragement by the public entity. (b)(1) Post-acquisition tenants,those who lawfully occupy property only after a publicentityacquires it, or who lawfully occupy property after the private acquisition of property by a person with a written agreement with a public entity for the purpose of financing the purchase or development of the property,are not eligible for assistance and benefits other than advisory assistance to the extent determined by the displacing agency. A public entity shall inform post-acquisition tenants regarding the projected date of displacement and,periodically, should inform post-acquisition tenants of any changes in this projection. (2)When the displacement of a post-acquisition tenant causes a hardship for that person because of a critical housing shortage, age, handicap, infirmity, lack of financial means or other circumstance, the displacing entity shall provide relocation advisory assistance and, may in its discretion,provide other financial relocation benefits. In such hardship situations a public entity is encouraged to provide advisory assistance and payment for moving expenses. (3)Where a public entity,or property it owns,is making housing available on a permanent basis,a post-acquisition tenant who moves as the result of a written order from the public entity to vacate is eligible for relocation assistance and benefits if the order to vacate is related to a plan to demolish,rehabilitate or change the use of such units. AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Section 7260(c), Government Code. HISTORY: Page 15 25 CCR 6034 1.Amendment of section and new Note filed 8-12-97;operative 9-I1-97(Register 97,No.33). 15 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved •THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION I. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING 25 CCR 6036(2006) §6036. Rehabilitation and Demolition If a public entity undertakes a rehabilitation or demolition program and as a result a person or business is displaced from privately owned property,the public entity shall provide assistance and benefits.If a person or business is displaced by such an undertaking from property acquired by a public entity,the public entity shall provide assistance and benefits. AUTHORITY: , Note: Authority cited: Section 50460,Health and Safety Code.Reference: Section 7260(c), Government Code. HISTORY: 1.Amendment of section heading and section and new Note filed 8-12-97;operative 9-11-97(Register 97,No.33). Page 16 16 of 81 DOCUMENTS BARCLAYS.OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright C 2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING 25 CCR 6038(2006) §6038. Relocation Plan (a)As soon as possible following the initiation of negotiations and prior to proceeding with any phase of a project or other activity that will result in displacement a public entity shall prepare a Relocation Plan and submit it for approval to the local legislative body,or in the case of a state agency,the head of the agency.When the public entity's action will only result in an insignificant amount of non-residential displacement a displacing entity shall provide benefits as required by projects of 15 or less Guidelines and state Relocation Law without compliance with this section.For residential p � these G p households, the full and accurate completion of the Model Relocation Plan HCD-832(new),which is incorporated by reference as if set forth in full, shall be presumed to be in compliance with the planning requirements of this section. Copies of the Model Relocation Plan HCD-832(6/8/99)as well as the Informational Notice HCD-833(6/8/99), which is incorporated by reference as if set forth in full, may be downloaded from the Department's internet web site at www.bcd.ca.gov.This form can be obtained from the Department by telephoning 916-323-7288. (b)A Relocation Plan shall include the following: (1)A diagrammatic sketch of the project area. (2)Projected dates of displacement. (3)A written analysis of the aggregate relocation needs of all persons to be displaced(as required by section 6048) and a detailed explanation as to how these needs are to be met. (4)A written analysis of relocation housing resources(as required by section 6052). (5)A detailed description of the relocation advisory services program,including specific procedures for locating and referring eligible persons to comparable replacement housing. (6)A description of the relocation payments to be made(pursuant to Article 3)and a plan for disbursement. (7)A cost estimate for carrying out the plan and identification of the source of the necessary funds. (8)A detailed plan by which any last resort housing(as described in section 6054 and Article 4)is to be built and financed. (9) A standard information statement to be sent to all renters who will be permanently displaced(as required by section 6046). - (10)Temporary relocation plans,if any. (11)A description of relocation office operation procedures. (12)Plans for citizen participation. (13)An enumeration of the coordination activities undertaken(pursuant to section 6052). Page 17 25 CCR 6038 (14)The comments of the relocation committee,if any(pursuant to section 6012). (15)A written determination by the public entity that the necessary resources will be available as required. (c)A Plan prepared by a local public entity shall be consisteat with the local housing element. (d)In the event of delay of more than one year in the implementation of the relocation program, the plan shall be updated prior to implementation of that program. (e)(1)Copies of the plan shall be submitted for review to the relocation committee 30 days prior to submission to the local legislative body or head of state agency for approval.Copies shall be available to the public upon request.A copy of the final relocation plan shall be forwarded to the department which shall act as a central repository. (2)General notice of the plan shall be provided.Notice shall be designed to reach the occupants of the property; it shall be in accordance with the provisions of paragraph 6046(a)(3)and subsection 6046(b);and it shall be provided 30 days prior to submission to the local legislative body or head of state agency for approval. (f)Any displaced person or interested organization may petition the department to review the relocation plan required to be submitted by the displacing agency.The department shall review the plan in accordance with the time constraints and the procedures established in Article 5. AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Sections 7260.5 and 7261, Government Code. HISTORY: 1.Amendment of subsection(c)filed 1-28-77 as procedural and organizational;effective upon filing(Register 77,No.5). 2. Amendment of subsections(a) and (c)-(e)(1), new subsection(f)and new Note filed 8-12-97; operative 9-11-97 (Register 97,No.33). - 3.Amendment of subsections(a),(b)(9)and(e)(1)filed 10-7-99;operative 11-6-99(Register 99,No.41). 17 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO, 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING 25 CCR 6040(2006) §6040. Minimum Requirements of Relocation Assistance Advisory Program Page 18 25 CCR 6040 (a)Each relocation assistance advisory program undertaken pursuant to this Article shall include,at a minimum,such measures,facilities or services as may be necessary or appropriate in order to: (1)Fully inform eligible persons under this Article within 60 days following the initiation of negotiations but not later than the close of escrow on the property,for a parcel as to the availability of relocation benefits and assistance and the eligibility requirements therefor,as well as the procedures for obtaining such benefits and assistance,in accordance with the requirements of section 6046.For projects by private parties with an agreement with a public entity,the"initiation of negotiations" shall be the later of the date of acquisition or the date of the written agreement between the private entity and the public entity for purposes of acquiring or developing the property for the project. (2)Determine the extent of the need of each such eligible person for relocation assistance in accordance with the - requirements of section 6048. (3)Assure eligible persons that within a reasonable period of time prior to displacement there will be available comparable replacement housing,meeting the criteria described in section 6008(c),sufficient in number and kind for and available to such eligible persons. (4)Provide current and continuing information on the availability,prices,and rentals of comparable sales and rental housing,and of comparable commercial properties and locations,and as to security deposits,closing costs,typical down payments,interest rates,and terms for residential property in the area. (5)Assist each eligible person to complete applications for payments and benefits. (6)Assist each eligible,displaced person to obtain and move to a comparable replacement dwelling. Only adequate inspection will insure that a particular unit meets this standard.If a displaced person occupies a unit to which he is referred by the public entity and the unit does not satisfy the comparable replacement dwelling standard,the public entity has not fulfilled its obligation to assist the displaced person to obtain such a dwelling. Whenever this occurs the public entity shall offer to locate such a dwelling for the displaced person and to pay again all moving and related expenses.If the displaced person chooses not to move from the unit that he occupied following referral,the public entity shall not assert that be is ineligible to receive relocation assistance and benefits on the basis of that unit's failure to satisfy the comparable replacement dwelling standard. (7)Assist each eligible person displaced from his business or farm operation in obtaining and becoming established in a suitable replacement location. (8)Provide any services required to insure that the relocation process does not result in different or separate treatment on account of race,color,religion,national origin, sex,marital status,familial status,or any basis protected by state or federal anti-discrimination laws,or any other arbitrary circumstances. (9)Supply to such eligible persons information conceming federal and state housing programs,disaster loan and other programs administered by the Small Business Administration,and other federal or state programs, offering assistance to displaced persons. (10)Provide other advisory assistance to eligible persons in order to minimize their hardships.It is recommended that,as needed,such assistance include counseling and referrals with regard to housing,financing,employment,training, health and welfare,as well as other assistance. (11)Inform all persons who are expected to be displaced about the eviction policies to be pursued in carrying out the project,which policies shall be in accordance with the provisions of section 5058. (b)Relocation Office. When a substantial number of persons will be displaced and the relocation staffs office is not easily accessible to those persons,a displacing entity is encouraged to establish at least one appropriately equipped site office which is accessible to all the area residents who may be displaced and is staffed with trained or experienced relocation personnel.Office hours should be scheduled to accommodate persons unable to visit the office during normal business hours. (c)Each displacing entity shall establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of the entity's determinations.The procedure shall be in accordance with the requirements of Article 5. Page 19 25 CCR 6040 AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Sections 7260.5 and 7261, Government Code. HISTORY: 1.Amendment of subsections(a)(1)and(a)(8)and new Note filed 8-12-97;operative 9-11-97(Register 97,No.33). 18 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright C 2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER I. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING 25 CCR 6042(2006) § 6042. Replacement Housing Prior to Displacement;Notices to Displaced Persons (a)No eligible person shall be required to move from his dwelling unless within a reasonable period of time prior to displacement comparable replacement dwellings(as defined in subsection 6008(c))or,in the case of a temporary move (as defined in section 6044),adequate replacement dwellings(as defined in subsection(b)below)are available to such person. (b)The criteria for adequate replacement dwellings are in all respects identical to those for comparable replacement dwellings,except that an adequate replacement dwelling,with respect to the number of rooms,habitable living space and type of construction,need be only adequate not comparable. (c)Reasonable Offer of Replacement Housing. The requirements of this section shall be deemed to have been satisfied if a person is offered and refuses without justification reasonable choices of specifically identified comparable replacement dwellings which fully satisfy the criteria set forth in the Guidelines.The offers shall be in writing,in a language understood by the displaced person.The number of offers determined to be reasonable should be not less than three. (d)Notice. No eligible person occupying property shall be required to move from a dwelling or to move a business or farm operation,without at least 90 days written notice from the public entity requiring the displacements.Public entities shall notify each individual tenant to be displaced as well as each owner-occupant.(These requirements are in addition to those contained in sections 6040 and 6046.) (e)Waiver. Page 20 25 CCR 6042 The requirement in subsection(a)above may be waived only when immediate possession of real property is of crucial importance and by one of the following circumstances: (1)When displacement is necessitated by a major disaster as defined in Section 102(2)of the Hazard Mitigation and Relocation Assistance Act of 1993 (41 U.S.C. 5121)and/or the California Natural Disaster Assistance Act. (2)During periods of declared national or state emergency. AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Sections 7160.5, 7261 and 7264.5, Government Code. HISTORY: 1.Amendment of subsections(a)and(e)(1)and new Note filed 8-12-97;operative 9-11-97(Register 97,No.33). 19 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®-2006 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER I. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING 25 CCR 6044(2006) §6044. Temporary Move (a)General. (1)A public entity shall be required to minimize to the greatest extent feasible the use of temporary relocation resources (as defined in section 6042)but, when a project plan anticipates moves back into completed project accommodations, temporary relocation resources may be used,at the displaced person's election for a limited period of time. (2) Temporary relocation does not diminish the responsibility of the pubic entity to provide relocation assistance, services and benefits designed to achieve permanent relocation of displaced persons into comparable replacement dwellings. (b)Requirements_ (1)Temporary replacement housing may not be relied upon if comparable replacement housing will not be available to the displaced person within 12 months of the date of the temporary move. (2)Prior to the move,the public entity shall have determined and have provided written assurance to each displaced Page 21 25 CCR 6044 person that: (A)Comparable replacement housing will be made available at the earliest possible time but in any event no later than 12 months from the date of the move to temporary housing.Temporarily housed persons may agree to extend the 12 month limitation but, if they do not, the public entity shall ensure that comparable replacement dwellings are available within the 12 month period. (B)Comparable replacement housing will be made available,on a priority basis,to the individual or family who has been temporarily rehoused. (C)The move to temporary housing will not affect a claimant's eligibility for a replacement housing payment nor deprive him of the same choice of replacement housing units that would have been made available had the temporary move not been made and the costs of a temporary move will not be considered as all or a part of the relocation payments to which a displaced person is entitled. (D)If a project plan anticipates moves back into replacement housing accommodations in the project or program area, the person who has been temporarily displaced will be given priority opportunity to obtain such housing accommodations. (E)The public entity will pay all costs in connection with the move to temporary housing,including increased housing costs. 20 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved • THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006" TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING 15 CCR 6046(2006) § 6046. Informational Program (a)Basic Requirements. . The displacing entity shall establish and maintain an information program that provides for the following: (1)Preparation and distribution of informational material as early as practicable,to each occupant of the property. This material shall be distributed within 60 days following the initiation of negotiations(see paragraph 6040(a)(1))and not less than 90 days in advance of displacement except for those situations described in subsection 6042(e). Where appropriate,separate informational statements shall be prepared for residential and for non-residential occupants. (2)Conducting personal interviews and maintaining personal contacts with occupants of the property to the maximum extent practicable. (3)Utilizing meetings,newsletters,and other mechanisms,including local media available to all persons,for keeping Page 22 25 CCR 6046 occupants of the property informed on a continuing basis.The criterion for selecting among various alternatives shall be the likelihood of actually communicating information to such persons.Legal publications,legal ads in local newspapers of general circulation and similar means which may go unnoticed are deemed to be inadequate. (b)Language.Informational material should be prepared in the language(s)most easily understood by the recipients. In displacement areas where there are significant concentrations of persons who do not read,write,or understand English fluently,the native language of the people should be used and all informational material should be provided in the native language(s)and English. (c)Method of Delivery.To assure receipt of the informational material,the local agency should arrange to have the material either hand-delivered to each occupant of the property with a request for a written receipt, or sent by certified mail,return receipt requested. (d)General and Specific Information. In addition to disseminating general information of the type described in this section,the displacing entity shall also provide each person with individual,written notification as soon as his eligibility status has been established. (e)Content of Informational Statement.Attachment A identifies the kinds of information required to be included in statements distributed to occupants of the property.The figure lists minimum requirements.The displacing entity should include any additional information that it believes would be helpful.(See Attachment A.) AUTHORITY: Note: Authority cited: Section 50460, Health and Safery Code.Reference: Sections 7160, 7160.5 and 7161, Government Code. HISTORY: 1.Amendment of subsection(a)(1)filed 11-5-76 as an emergency;designated effective 11-27-76(Register 76,No.44). 2.Certificate of Compliance filed 2-16-77(Register 77,No.8). 3.Amendment of subsection(a)(1)and new Note filed 8-12-97;operative 9-I1-97(Register 97,No.33). 21 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publisbers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DMSION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING 25 CCR 6048(2006) Page 23 25 CCR 6048 § 6048. Survey and Analysis of Relocation Needs (a) (1)Requirement. Immediately following the initiation of negotiations interview all eligible persons, business concerns, including nonprofit organizations, and farm operations to obtain information upon which to plan for housing and other accommodations,as well as counseling and assistance needs. (2)Coordination with Other Agencies.Other agencies may also be conducting surveys in the area at the same time. Coordination will be necessary to avoid duplication and to ensure that necessary information is available at the appropriate time. Surveys utilized to gather data for social service referrals should be planned in cooperation with social service agencies and a referral system should be established (3)Information to Persons to Be Displaced.The local agency shall carefully explain and discuss fully with each person interviewed the purpose of the survey and the nature and extent of relocation payments and assistance that will be made available.All persons shall be advised and encouraged to visit the relocation office for information and assistance. (4)Relocation Records.Based on information obtained during the survey and other sources as applicable, the local agency shall prepare and maintain an accurate relocation record for each person to be displaced.The record shall contain a description of the pertinent characteristics of the persons to be displaced and the assistance deemed to be necessary. (b)The survey shall be by direct,personal interview,except where repeated efforts indicate that is not possible.When a person cannot be interviewed or the interview does not produce the information to be obtained reasonable efforts shall be made to obtain the information by other means.Eligible persons should be encouraged to bring any change in their needs to the attention of relocation officials.The survey shall be updated at least annually. (c)A public entity shall endeavor to obtain the following information: income; whether a person is elderly or handicapped;size of family;age of children;location ofjob and factors limiting accessibility;area of preferred relocation; type of unit preferred; ownership or tenant preference;need for social and public services, special schools and other services;eligibility for publicly assisted housing;and with reference to the present dwelling,the rent,the type and quality of construction,the number of rooms and bedrooms,the amount of habitable living space,and locational factors including among others public utilities,public and commercial facilities(including transportation and schools)and neighborhood conditions(including municipal services). Other matters that concern a household as its members contemplate relocation should also be included. (d) A written analysis of relocation housing needs shall be prepared. It shall be prepared in sufficient detail to enable determination of the availability for all potential displaces of housing which meets the standards set forth in the definition of comparable replacement housing. The information concerning home ownership and rental units shall be provided separately.The number of units needed shall be identified by cost for each size category.The needs of elderly and handicapped households shall be shown separately and shall include information on the number of such households requiring special facilities and the nature of such facilities. The statement of relocation housing needs shall include a description of the locational characteristics of the displacement area neighborhoods corresponding to the requirements of comparable replacement housing. Information shall be provided concerning proximity to present employment sources, medical and recreational facilities, parks, community centers, shopping,transportation and schools.Information concerning proximity to other relevant needs and amenities is essential to ensuring that no residents are incapacitated by the relocation and such information also should be provided. Page 24 22 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved 'THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006" TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING 25 CCR 6050(2006) §6050. Failure to Conduct Timely and Effective Survey When a survey is not conducted in a timely and effective manner,the public entity shall be obligated to make every effort to locate all eligible persons who have moved so that their needs can be included in the survey and the impact on the housing stock in the community can be more accurately detemrined.The public entity shall offer such persons all relocation assistance and benefits for which they otherwise qualify and,in addition,shall compensate such persons for all costs occasioned by the entity's failure to provide timely notice and offers of relocation assistance and benefits. 23 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright©2006 by Barclays Law Publishers All rights reserved 'THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006" TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS. SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING 25 CCR 6052(2006) § 6052. Survey and Analysis of Available Relocation Resources (a)(1)To enable a public entity reasonably to determine that the requisite comparable replacement dwellings will be available,the public entity,within 60 days following the initiation of negotiations,shall initiate a survey and analysis of available comparable relocation resources. If recent survey that provides the information identified in this section is not available,the public entity shall conduct Page 25 25 CCR 6052 a survey and analysis of the housing market If a recent survey is available,but it does not reflect more recent,significant changes in housing market conditions,the survey shall be updated or it shall not be relied upon. (2)When more than 15 households will be displaced,survey results shall be submitted for review to local housing, development and planning agencies and shall be compared to other existing information on housing availability. (3)The survey shall be updated at least annually. (b) The survey area shall be reasonably related to the displacement area and to the needs and preferences of the persons to be displaced,as indicated in the written analysis prepared pursuant to section 6048.The survey area shall have relevant characteristics(see subsection 6008(c))which equal or exceed those of the neighborhood from which persons are to be displaced. (c)A written analysis of relocation housing resources shall be prepared in sufficient detail to enable determination of the availability for all potential displacees of housing which meets the standards set forth in the definition of comparable replacement housing. The information concerning bomeownership and rental units shall be provided separately. The number of units available shall be identified by cost for each size category.Resources available to meet the needs of elderly and handicapped households shall be shown separately and shall include information on the number of units with special facilities and the nature of such facilities. The analysis of resources shall include a description of the locational characteristics of the survey area neighborhoods corresponding to the requirements of comparable replacement housing. Information shall be provided concerning proximity to present employment sources (with the consent of the displaced person a potential employer may be substituted), medical and recreational facilities, parks, community centers, shopping, transportation and schools. Information concerning proximity to other relevant needs and amenities is essential to ensuring that residents are not incapacitated by the relocation and such information should also be provided. (d)(1)Units which do not satisfy the standards of comparable replacement housing,including the locational criteria, shall not be counted as a relocation resource. (2)Uncompleted new construction or rehabilitation shall not be included in the gross figure unless there is a substantial likelihood that the units will be available when needed and at housing or rental costs within the financial means of the prospective occupants. (3)In addition to the other requirements of this section, the gross figure representing the number of units available shall be discounted to reflect both concurrent displacement and the extent to which turnover is represented. Concurrent displacement by the federal government and its agencies,including federally-assisted projects, as well as displacement by other public entities shall be taken into account.Turnover is the dynamic operation by which occupancy changes occur within a standing inventory over a period of time and theoretically could occur in the complete absence of vacancies on a person to person basis.The use of turnover for relocation is not permissible. The displacing entity shall assume that four percent of the rental and one percent of the ownership units which meet the standards of comparable replacement dwellings(see section 6008(c))represents turnover.The displacing entity shall use a higher percentage figure if such figure is more accurate. The displacing entity may use a lower figure if it establishes that thelowerfigure is a more accurate.assumption. (4)Publicly subsidized housing,including public housing,shall not be counted as a resource unless it reasonably can be established that: (A)The units will be available when needed; (B) The governmental body providing the subsidy has made, in writing, a reasonably binding commitment of assistance;and (C)The units have been inspected and determined to be decent,safe and sanitary and the income ceilings,rent ranges and age restrictions,if any,have been considered. (D)The number of units available in the community exceeds the number of households in need of the units. This requirement may be waived by the department if the public entity can establish that such units will be replaced by last resort housing within two years.To establish that last resort housing will be developed as required the public entity must have site control with permissive zoning,preliminary plans and conditional commitments for subsidy and financing or the Page 26 25 CCR 6052 equivalent.The public entity also must identify ownership. (e)Uncompleted new construction or rehabilitation which is subsidized by public funds shall not be counted as a relocation resource unless the units are being subsidized to provide relocation resources. AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Sections 7260.5 and 7267, Government Code. HISTORY: 1.Amendment of subsections(a)(1) and(a)(2). correction of subsection (e) designator, and new Note filed 8-12-97; operative 9-I1-97(Register 97,No. 33). 24 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright C 2006 by Barclays Law Publishers All rights reserved _ "THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING 25 CCR 6054(2006) § 6054. Last Resort Housing (a)No eligible person shall be required to move from his dwelling because of the action of a public entity unless comparable replacement housing is available to him. (b)If on the basis of its survey and analysis of relocation needs and resources a public entity cannot determine that comparable replacement housing will be available as required, the public entity may not proceed with any phase of a project or other activity which will result in displacement unless it provides such housing.(See Article 4.) (c)If the action of a public entity has resulted or is resulting in displacement and comparable replacement housing is not available as needed,the public entity shall use its funds,or funds authorized for the project to provide such housing (see Article 4), or shall terminate or suspend further implementation of the project activity in accordance with the provisions of section 6018. (d) Temporary relocation resources may be relied upon in the interim only if the provisions of section 6004 ire satisfied. Page 27 25 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved `THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING 25 CCR 6056(2006) §6056. Termination of Relocation Assistance A public entity's relocation obligations cease under the following circumstances: (a) A displaced person moves to a comparable replacement dwelling and receives all assistance and payments to which he is entitled. (b)The displaced person moves to substandard housing,refuses reasonable offers of additional assistance in moving to a decent,safe and sanitary replacement dwelling and receives all payments to which he is entitled. (c)All reasonable efforts to trace a person have failed To ensure that the action of a public entity does not reduce the housing supply in critical categories or locations,unsuccessful efforts to trace a particular displaced person shall not lessen the obligation to provide last resort housing.(See Article 4.) (d)The business concern or farm operation has received all assistance and payments to which it is entitled and has been successfully relocated or has ceased operations. (e) A person displaced from his dwelling, business or farm refuses reasonable offers of assistance,payments and comparable replacement housing. 26 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright C 2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS _ SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING Page 28 25 CCR 6058 15 CCR 6058(2006) § 6058. Eviction (a) Eviction is permissible only as a last resort.It in no way affects the eligibility of evicted displaced persons for relocation payments. Relocation records must be documented to reflect the specific circumstances surrounding the eviction. - (b)Eviction shall be undertaken only for one or more of the following reasons: (1)Failure to pay rent,except in those cases where the failure to pay is due to the lessor's failure to keep the premises in habitable condition, is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services. (2)Performance of a dangerous,illegal act in the unit. (3)Material breach of the rental agreement and failure to correct breach within 30 days of notice. (4)Maintenance of a nuisance and failure to abate within a reasonable time following notice. (5)Refusal to accept one of a reasonable number of offers of replacement dwellings. (6)The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of the public entity. 27 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING 25 CCR 6060(2006) § 6060. Evaluation of Relocation (a) A public entity is encouraged to evaluate its relocation program, assessing the quality and quantity of services provided as well as displacee satisfaction,to determine the adequacy of program planning and to ascertain whether any persons have been denied the full benefits and services to which they are entitled.The evaluation should be based upon an annual or continual inspection of files and records,case interviews,and inspection of replacement housing and business and fawn replacement locations and discussions with local individuals or organizations familiar with relocation issues.A written evaluation should be prepared at least annually. (b)The files and records of displaced persons and property owners should be selected at random.The review should include any cases that were identified by previous monitoring as requiring corrective action and should assess the public Page 29 25 CCR 6060 entity's progress in taking corrective action.Both relocation and acquisition activities should be covered by the review. (1)The relocation sample should include cases in which all payments have been completed and cases in which the person has been displaced but all payments have not yet been made. The sample should provide a basis for the reviewer to determine not only whether payments were computed properly and made promptly,but also whether displaced persons received proper notice of the full range of relocation assistance and services to which they are entitled.Priority attention should be given to cases in which a grievance has been filed or the agency has determined that a person is ineligible for relocation benefits. (2)The acquisition sample should be based on cases in which settlement has been completed.However,if necessary to provide a representative sample of acquisition activities,the reviewer should include incomplete transactions in which negotiations have been initiated. (c)After the records and files have been reviewed,the reviewer should select cases for further evaluation through personal interviews with displaced persons and/or owners and the inspection of housing to which persons have moved. The interviews and housing inspections should serve both to spot check the accuracy of the information obtained in the examination of the records and files and give the reviewer a better perspective on the agency's performance. The number and type of cases for which interviews and housing inspections are to be carried out should reflect the reviewer's judgment based on the information he has just reviewed. Generally, an interview and inspection should be carried out for at least one of every five cases for which the files and records have been reviewed.Only where the number of persons displaced is less than 25 should the number of interviews and inspections be less than 10.In no case should the number of interviews and inspections be lower than the lesser of five and the number of persons displaced.To the extent possible, the interviews should cover a representative cross section of the types of cases in the agency's workload: e.g., relocation cases involving families of various sizes as well as individuals and business concerns(including both owners and tenants),and acquisition transactions involving residential,commercial and industrial properties. (d)In addition to the above,the following factors are among those which should be considered: (1)The effectiveness of efforts to provide relocation services to displaced persons,including timeliness of notice and correctness of eligibility determinations. (2)The satisfaction of relocated families,individuals and business concerns in their new locations. (3)The extent to which self-moves to substandard housing have been minimized. (4)The effectiveness of efforts to provide relocation services to business concerns,including counseling services and SBA loans to aid in their reestablishment. (5)The promptness of processing claims and the making of payments,including the amounts,delivery,and use of relocation payments. (6)The number and magnitude of rent increases following acquisition and displacement. (7)The effectiveness of methods used to resolve difficulties experienced by site occupants. (8)The effectiveness of the public entity's grievance procedures. (9)The extent of resident involvement in planning the relocation program. (10)The effectiveness in assuring equal opportunity for displaced persons and in reducing patterns of minority-group concentration. (11) The effectiveness of relocation in upgrading the housing and overall environmental conditions of persons displaced. (12) The effectiveness of the social service program,including counseling services, in helping residents adjust to relocation and in helping solve individual and family problems. (13)The impact on those segments of the housing market serving the income groups displaced. Page 30 28 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved -*THIS DOCUMENT IS-CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 25 CCR 6080(2006) §6080. Purpose - The purpose of this Article is to set forth the types of,and specific eligibility criteria for, relocation payments to displaced persons. Basic eligibility conditions are set forth in section 6084. Specific conditions relating to particular payments are described in later sections. 29 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright©2006 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSINGAND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER L RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 25 CCR 6082(2006) § 6082. Relocation Payments by Public Entity A public entity shall make relocation payments to or on behalf of eligible displaced persons in accordance with and to the full extent permitted by this Article. The obligations described in this Article are in addition to those in Article 6. Page 31 30 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright©2006 by Barclays Law Publishers All rights reserved •THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DMSION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 25 CCR 6084(2006) § 6084. Basic Eligibility Conditions A person establishes basic eligibility for relocation payments if he satisfies the conditions described in section 6034.A person who moves from real property or who moves his personal property from real property because he will be displaced from other real property on which he conducts a business or farm operation, establishes eligibility on the basis of the move from such other property only for payments made pursuant to section 6090. 31 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved `THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 25 CCR 6086(2006) § 6086. Notice of Intent to Displace A public entity may issue a written Notice of Intent to Displace at any time after forming a reasonable expectation of acquiring real property.Such a notice,by establishing eligibility priorto acquisition,will enable a public entity to respond to hardship and other situations. Page 32 32 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 25 CCR 6088(2006) § 6088. Filing of Claims;Submission of Tax Returns All claims filed with the public entity shall be submitted within eighteen months of the date on which the claimant receives final payment for the property or the date on which he moves, whichever is later. The displacing entity may extend this period upon a proper showing of good cause. Except where specifically provided otherwise a claimant shall not be required to submit a copy of his tax returns in support of a claim for relocation payments. 33 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright C 2006 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO.,1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 25 CCR 6090(2006) § 6090. Actual Reasonable Moving Expenses (a) General. A public entity shall make a payment to a displaced person who satisfies the pertinent eligibility requirements of section 6084 and the requirements of this section,for actual reasonable expenses specified below and subject to the limitations set forth in subsection(c)of this section for moving himself,his family,business,farm operation or other personal property.In all cases the amount of a payment shall not exceed the reasonable cost of accomplishing the activity in connection with which a claim has been filed. The moving and related expenses for which claims may be filed shall include: Page 33 25 CCR 6090 _ (1)Transportation of persons and property not to exceed a distance of 50 miles from the site from which displaced, except where relocation beyond such distance of 50 miles is justified; (2)Packing,crating,unpacking and uncrating personal property; (3) Such storage of personal property,for a period generally not to exceed 12 months,as determined by the public entity to be necessary in connection with relocation; (4)Insurance of personal property while in storage or transit;and (5)The reasonable replacement value of property lost,stolen or damaged(not through the fault or negligence of the displaced person,his agent,or employee)in the process of moving,where insurance covering such loss,theft or damage is not reasonably available. (6) The cost of disconnecting, dismantling, removing, reassembling, reconnecting and reinstalling machinery, equipment or other personal property (including goods and inventory kept for sale)not acquired by the public entity, including connection charges imposed by public utilities for starting utility service. (b)Actual Reasonable Moving Expenses—Displaced Business Concerns and Farm Operations. - In addition to those compensable expenses set forth in subsection(a)of this section,a displaced business concern or farm operation may file a claim for the following moving and related expenses: (1)The cost, directly related to displacement of modifying the machinery,equipment,or other personal property to adapt it to the replacement location or to utilities available at the replacement location or modifying the power supply. (2)Claims for payment under this subsection shall be subject to the following limitations: (A)Reimbursable costs shall be reasonable in amount. (B)The cost could not be avoided or substantially reduced at an alternate available and suitable site to which the business was referred. (3)The cost of any license,permit or certification required by a displaced business concern to the extent such cost is necessary to the reestablishment of its operation at a new location. (4)The reasonable cost of any professional services(including but not limited to,architects',attorneys'or engineers' fees, or consultants' charges)necessary for planning the move of personal property, moving the personal property, or installation of relocated personal property at the replacement site. (5)Where an item of personal property which is used in connection with any business or farm operation is not moved but is replaced with a comparable item,reimbursement in an amount not to exceed(1)the replacement cost,minus any net proceeds received from its sale,or(2)the estimated cost of moving,whichever is less. (c)Advance Payments.A displaced person may be paid for his anticipated moving expenses in advance of the actual move.A public entity shall provide advance payment whenever later payment would result in financial hardship.Particular consideration shall be given to the financial limitations and difficulties experienced by low and moderate income persons and small farm and business operations. (d)The specific provisions contained in this section are not intended to preclude a public entity's reliance upon other reasonable means of effecting a move, including contracting moves and arranging for assignment of moving expense payments by displaced persons. (e) Self-moves. Without documentation of moving expenses actually.incurred, a displaced person electing to self- move may submit a claim for his moving expenses to the public entity in an amount not to exceed an acceptable low bid or an amount acceptable to the displacing entity. (f)Personal Property of Low Value and High Bulk—Business or Farm Operation.Where,in thejudgment of the public entity,the cost of moving any item of personal property of low value and high bulk which is used in connection with any business or farm operation would be disproportionate in relation to its value,the allowable reimbursement for the expense of moving such property shall not exceed the difference between the cost of replacing the same with a comparable item available on the market and the amount which would have been received for such property on liquidation.This provision may in appropriate situations be applied to claims involving the moving of junkyards,stockpiles,sand,gravel,minerals, Page 34 25 CCR 6090 metals and similar property. - (g)Documentation in Support of a Claim. (1)General. Except in the case of a displaced person conducting aself--move as provided m subsection(e)above, a claim for a payment under this section shall be supported by a bill or other evidence of expenses incurred. By prearrangement between the public entity,the site occupant, and the mover, evidenced in writing,the claimant or the mover may present an unpaid moving bill to the public entity,and the public entity may pay the mover directly. (2)Business and Farm Operations.Each claim in excess of$1,000 for the costs incurred by a displaced person for moving his business or farm operation shall be supported by competitive bids in such number as are practical.If the public entity determines that compliance with the bid requirement is impractical or if estimates in an amount of less than$1,000 are obtained,a claim may be supported by estimates in lieu of bids. (h)Whenever a public entity must pay the actual cost of moving a displaced person the costs of such move shall be exempt from regulation by the Public Utilities Commission as provided by section 7262(e)of the Act. The public entity may solicit competitive bids from qualified bidders for performance of the work.Bids submitted in response to such solicitations shall be exempt from regulation by the Public Utilities Commission. (i)(1)Reestablishment Expenses. In addition to moving expense payments, a farm, nonprofit organization or small business of not more than 500 employees, shall be entitled to actual and reasonable reestablishment expenses, not to exceed$10,000.00.Reestablishment expenses shall be only those expenses that are reasonable and necessary and include, but are not limited to: (A)Repairs or improvements to the replacement property as required by Federal,State or local law,code or ordinance. (B)Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business. (C)Construction and installation costs for exterior signing to advertise the business. (D)Provision of utilities from right-of-way to improvements on the replacement site. (E) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, panelling or carpeting. (F)Licenses,fees and permits when not paid as part of moving expenses. (G)Feasibility surveys,soil testing and marketing studies. (FI)Advertisement of replacement location. (I)Professional services in connection with the purchase or lease of a replacement site. (J)Estimated increased costs of operation during the first 2 years at the replacement site for such items as: 1.Lease or rental charges, 2.Personal or real property taxes, 3.Insurance premiums,and 4.Utility charges,excluding impact fees. (K)Impact fees or one-time assessments for anticipated heavy usage. (L)Other items essential to the reestablishment of the business. (M)For purposes of this subsection the term "small business" shall mean a business having not more than 500 employees working at the site being acquired or displaced by a program or project,which site is the location of economic activity. Sites occupied solely by outdoor advertising signs,displays, or devices do not qualify as a small business for purposes of this subsection. (2)Ineligible expenses.The following is a nonexclusive listing of reestablishment expenditures not considered to be reasonable,necessary,or otherwise eligible: 7 Page 35 25 CCR 6090 (A)Purchase of capital assets,such as,office furniture,filing cabinets,machinery,or trade fixtures. (B)Purchase of manufacturing materials, production supplies,product inventory, or other items used in the normal course of the business operation. (C)Interior or exterior refurbishments at the replacement site which are for aesthetic purposes,except as provided in paragraph(i)(I)(E)of this section. (D)Interest on money borrowed to make the move or purchase the replacement property. (E)Payment to a part-time business in the home which does not contribute materially to the household income. AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Section 7262(a)(4), Government Cade. HISTORY: 1.Amendment of section and new Note filed 8-12-91;operative 9-I1-97(Register 97,No. 33). 34 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved °THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 15 CCR 6092(2006) §6092. Actual Direct Losses of Tangible Personal Property (a)General. A public entity shall make a payment to a displaced person who satisfies the eligibility requirements of section 6090 and this section,for actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation,in an amount determined by the public entity to be in accordance with the provisions of this section. (b)Determining Actual Direct Loss of Property.Actual direct loss of property shall be determined on the basis of the lesser of the following: (1)The fair market value of the property for continued use at its location prior to displacement. (2)The estimated reasonable costs of relocating the property. The public entity may require that the owner first make a bona fide effort to sell the property or it may permit the owner not to do so.The proceeds realized from any sale of all or part of the property shall be deducted from the determination of loss.In calculating payment under this section the reasonable cost of an effort to sell shall be added to the determination Page 36 25 CCR 6092 of loss. (c)Documentation to Support Claim.A claim for payment hereunder shall be supported by written evidence of loss which may include appraisals,certified prices.bills of sale,receipts,cancelled checks,copies of advertisements,offers to sell,auction records,and other records appropriate to support the claim or the public entity may agree as to the value of the property left in place. 35 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved . *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,N0. I,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 25 CCR 6094(2006) §6094. Actual Reasonable Expenses in Searching for a Replacement Business or Fart A displaced person who satisfies the pertinent eligibility requirements of section 6090 with respect to actual reasonable moving expenses, shall be eligible for a payment in an amount not to exceed$1,000, in searching for a replacement business or farm,including expenses incurred for. (a)Transportation; (b)Meals and lodging away from home; (c) Time spent in searching, based on the houly wage rate of the salary or earnings of the displaced person or his representative;and (d)Fees paid to a real estate agent or broker to locate a replacement business or farm. AUTHORITY: Note: Authority cited: Section 50460,Heath and Safety Code.Reference: Section 7262(a)(3), Government Cade. HISTORY: 1.Amendment of first paragraph and subsection(c)and new Note filed 8-12-97;operative 9-11-97(Register 97,No.33). Page 37 36 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 25 CCR 6096(2006) §6096. Moving Expenses—Outdoor Advertising Businesses A displaced person who conducts a lawful activity primarily for assisting in the purchase, sale,resale,manufacture, processing, or marketing of products, commodities,personal property, or services by the erection and maintenance of outdoor advertising displays is entitled to payment for the reasonable cost of moving such displays or their in-place value, whichever is lesser. 37 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 25 CCR 6098(2006) § 6098. Alternate Payments—Individuals and Families A person or family, who is displaced from a dwelling and is eligible for a payment for actual reasonable moving expenses under section 6090, may elect to receive and shall be paid,in lieu of such payment a moving expense and dislocation allowance determined in accordance with established Federal Highway Administration schedules maintained by the California Department of Transportation. AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Section 7262(6), Govemment Code. Page 38 25 CCR 6098 HISTORY: 1.Amendment of subsection(a)filed 11-5-76 as an emergency;designated effective 11-27-76(Register 76,No.44). 2.Certificate of Compliance filed 2-16-77(Register 77;No.8). 3.Amendment of section and new Note filed 8-12-97;operative 9-11-97(Register 97,No. 33). 38 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright C 2006 by Barclays Law Publishers All rights reserved •THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 15 CCR 6100(2006) §6100. Alternate Payments—Businesses and Farm Operations (a)General. (1)A person who is displaced from his place of business or farm opemtion.and is eligible for payments under sections 6090, 6092, 6094, or 6096, and complies with the requirements of this section,may elect to receive and shall be paid, in lieu of such payments,a payment equal to the average annual net earnings of the business or fawn operation(but not including a business as described in section 6096)as determined in accordance with subsection(b)below,except that such payment shall be not less than$1,000 nor more than$20,000.For purposes of this section,the dollar limitation specified in the preceding sentence shall apply to a single business,regardless of whether it is carried on under one or more legal entities. (2)Loss of Goodwill.When payment under this section will precede settlement of a claim for compensation for loss . ,of goodwill under the Eminent Domain Law,the public entity before tendering payment shall state in writing what portion of the payment,if any,is considered to be compensation for loss of goodwill and shall explain in writing that any payment made pursuant to Code of Civil Procedure, Sections 1163.510 et seq. (the Eminent Domain Law,Chapter 9,Article 6— "Compensation for Loss of Goodwill")will be reduced in the same amount.The portion considered to be compensation for loss of goodwill shall not exceed the difference between the payment made under this section and an amount which reasonably approximates the payments for which the displaced person otherwise would be eligible under Sections 6090, 6092, 6094, and 6096.Failure to provide such written statement and explanation shall constitute a conclusive indication that no portion of the payment is considered to be compensation for loss of goodwill for the purposes of that portion of the Code of Civil Procedure referenced above. (b)Requirements—Businesses.Payment shall not be made under this section unless the public entity determines that: (1)The business is not operated solely for rental purposes and cannot be relocated without a substantial loss of its existing patronage,based on a consideration of all pertinent circumstances including such factors as the type of business Page 39 25 CCR 6100 conducted, the nature of the clientele, the relative importance to the displaced business of its present and proposed location,and the availability of a suitable relocation site; (2)The business is not part of a commercial enterprise having no more than three(3) other establishments which are not being acquired for a project and which is engaged in the same or similar business.Whenever the sole remaining facility of a business which has been displaced from its principal location: (A)Has been in operation for less than two years; (B)Has had avenge annual gross receipts of less than$2,000 during the two taxable years prior to displacement of the major component of the business;or (C)Has had average annual net earnings of less than$1,000 during the two taxable years prior to the displacement of the major component of the business,the remaining facility will not be considered another"establishment"for purposes of this section;and (3)The displaced business: (A)Had average annual gross receipts of at least$5,000 during the two taxable years prior to displacement;or (B)The displaced business had average annual net earnings of at least$1,000 during the two taxable years prior to displacement;or (C)The displaced business contributed at least 33 1/3 percent of the total gross income of the owner(s)during each of the two taxable years prior to displacement.If in any case the public entity determines that the two year period prior to displacement is not representative of avenge receipts,earnings or income,it may make use of a more representative period. (D)If the application of the above criteria creates an inequity of hardship,the displacing agency may use other criteria as permitted in 49 CFR 24.306. (c)Determination of Number of Businesses. In determining whether one or more legal entities,all of which have been acquired,constitute a single business,the following factors among others shall be considered: (1)The extent to which the same premises and equipment are shared. (2)The extent to which substantially identical or intimately interrelated business functions are pursued and business and financial affairs are commingled. (3)The extent to which such entities are held out to the public,and to those customarily dealing with such entities,as one business. (4)The extent to which the same person or closely related persons own,control or manage the affairs of the entities. (d)Requirements—Farms. In the case of a farm operation,no payment shall be made under this section unless the public entity determines that the farm met the definition of a farm operation prior to its acquisition.If the displacement is limited to only part of the farm operation,the operator will be considered to have been displaced from a farm operation if: the part taken met the definition of a farm operation prior to the taking and the taking caused such a substantial change in the nature of the existing farm operation as to constitute a displacement. (e)Requirements—Nonprofit Organizations.In the case of a nonprofit organization,no payment shall be made under this section unless the public entity determines that: (1) The nonprofit organization cannot be relocated without a substantial loss of its existing patronage (the term "existing patronage"as used in connection with a nonprofit organization includes the membership,persons,community, or clientele served or affected by the activities of the nonprofit organization);and (2)The nonprofit organization is not a part of an enterprise having more than three(3)other establishments not being acquired which is engaged in the same or similar activity. (f)Net Earnings. The term"avenge annual net earnings"as used in this section means one—half of any net earnings of the business or farm operation,before federal and state income taxes, during the two(2)taxable years immediately Page 40 25 CCR 6100 preceding the taxable year in which the business or farm operation moves from the real property acquired for such project, or during such other period as the bead of the public entity determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner,his spouse or his dependents during such period.The term'owner" as used in this section includes the sole proprietor in a sole proprietorship,the principal partners in a partnership,and the principal stockholders of a corporation,as determined by the public entity.For purposes of determining a principal stockholder,stock held by a husband,his wife and their dependent children shall be treated as one unit. (g) If a displaced person who conducts a business or farm operation elects to receive a fixed payment under this section,he shall provide proof of his earnings from the business or farm operation to the agency concemed. Proof of earnings may be established by income tax returns, financial statements and accounting records or similar evidence acceptable to the public entity. AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Section 7262(c), Government Code. HISTORY: 1. Amendment of subsection(e)(2)filed 11-5-76 as an emergency;designated effective I1-27-76(Register 76,No.44). 2.Certificate of Compliance filed 2-16-77(Register 77,No.8). 3.Amendment of subsections (a)(1)-(b)(2)and(b)(3)(A),new subsection(b)(3)(D),amendment of subsections(e)(2) and(f),and new Note filed 8-12-97;operative 9-11-97(Register 97,No. 33). 39 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved *TIES DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 25 CCR 6101(2006) §6102. Replacement Housing Payments for Homeowners (a)General.A public entity shall make to a person who is displaced from a dwelling and who satisfies the pertinent eligibility requirements of section 6084 and the conditions of subsection(b)of this section, a payment not to exceed a combined total of$22,500 for: (1)The amount,if any,which when added to the acquisition cost of the dwelling acquired for the project equals the reasonable cost, as determined in accordance with subsection(c),of a comparable replacement dwelling.This amount Page 41 25 CCR 6102 shall not exceed the difference between the acquisition price of the acquired dwelling and the actual purchase price of the replacement dwelling,except where a displaced person,in the circumstance described in paragraph 6108(a)(1),is willing to use the extra money to improve the condition of the dwelling. (2) The amount, if any, to compensate the displaced person for any increased interest costs, as determined in accordance with subsection(c),he is required to pay for financing the acquisition of a replacement dwelling.The payment shall not be made unless the.dwelling acquired by the public entity was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than 180 days prior to the initiation of negotiations for acquisition of such dwelling. (This time requirement may be modified in accordance with the provisions of subsection(b)below.) (3)Reasonable expenses, determined in accordance with subsection (c)of this section, incurred by the displaced person incident to the purchase of the replacement dwelling. (4)In accordance with section 6108,the cost of rehabilitating a dwelling which does not satisfy the decent, safe and sanitary standard. - (b)Eligibility Conditions. (1)A displaced person is eligible for payment under this section if such person: (A)Is displaced from a dwelling that is acquired; (B)Has actually owned and occupied such dwelling for not less than 180 days prior to the initiation of negotiations for its acquisition;and (C)Purchases and occupies a replacement dwelling within one year subsequent to the date on which be received final payment from the public entity of all costs of the acquired dwelling or the date on which he moves from the acquired dwelling,whichever is later. (2)If an owner satisfies all but the 180 day requirement and can establish to the satisfaction of the public entity that he bought the dwelling with the intention of making it his place of residence,that the move was not motivated by a desire to receive relocation assistance and benefits,and that he neither knew nor should have known that public acquisition was intended the public entity may reduce the requirement as necessary. (3) Where for reasons beyond the control of the displaced person completion of construction, rehabilitation, or relocation of a replacement dwelling is delayed beyond the date by which occupancy is required, the public entity shall determine the date of occupancy to be the date the displaced person enters into a contract for such construction, rehabilitation,or relocation or for the purchase,upon completion,of a dwelling to be constructed or rehabilitated, if,in fact,the displaced person occupies the replacement dwelling when the construction or rehabilitation is completed. (4)Where,for reasons of hardship or circumstances beyond the control of the displaced person,such person is unable to occupy the replacement dwelling by the required date,the public entity may extend the deadline as necessary.If by the deadline the displaced person has contracted to purchase a replacement dwelling,the public entity should extend the deadline. (5)No person otherwise eligible for a payment under this section or under section 6104 shall be denied such eligibility as a result of his being unable,because of a major state or national disaster,to meet the occupancy requirements. (c)Computation of Replacement Housing Payment. (1)Cost of Comparable Replacement Dwelling. (A)In determining the reasonable cost of a comparable replacement dwelling,the public entity concerned shall use one of the following methods: I. Comparative Method. On a case-by-case basis by determining the listing price of dwellings which have been selected by the public entity and which are most representative of the acquired dwelling unit and meet the definition of comparable replacement dwelling set out in subsection 6008(c). Whenever possible the listing price of at least three dwellings shall be considered. " 2. Schedule Method.Where tbe.public entity determines that the comparative method is not feasible,it may establish a schedule of reasonable acquisition costs for the various types of comparable replacement dwellings. If more than one Page 42 25 CCR 6102 entity is administering a project causing displacement in the area,it shall cooperate with the other entities in establishing a uniform schedule for the area.The schedule shall be based on a current analysis of the market to determine a reasonable cost for each type of dwelling to be purchased. In large urban areas this analysis may be confined to the sub-area from which persons are displaced or may cover several different sub-areas, if they satisfy or exceed the criteria listed in subsection 6008(c). To assure the greatest comparability of dwellings in any analysis,the analysis shall be divided into classifications of the type of construction,number of bedrooms, and price ranges. 3. Alternative Method. Where the public entity determines that neither the schedule, nor comparative method is feasible in a given situation,by the use of another reasonable method. (B)Whichever method is selected the cost shall be updated to within three months of the date of purchase of the replacement dwelling. (2)Interest Payments.Interest payments shall be equal to the discounted present value of the difference between the aggregate interest applicable to the amount of the principal of the mortgage on the acquired dwelling over its remaining term at the time of acquisition, and other debt service costs, and the aggregate interest paid on the mortgage on the 'replacement dwelling,and other debt service costs.The term and amount of the mortgage on the replacement dwelling for purposes of this paragraph shall be the lesser of the remaining term and amount of the mortgage on the acquired dwelling, or the actual term and amount of the mortgage on the replacement dwelling. The amount of the debt service cost with respect to the replacement dwelling shall be the lesser of the debt service cost based on the cost required for a comparable dwelling,or the debt service cost based on the actual cost of the replacement dwelling. Prepaid interest or"points" shall be considered in the determination of aggregate interest. In calculating the amount of compensation,increased interest cost shall be reduced to discounted present value using the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located. (3)Expenses Incident to the Purchase of the Replacement Dwelling. Payment under this section shall include the amount necessary to reimburse the displaced person for actual costs incurred by him incident to the purchase of the replacement dwelling,including but not limited to the following: legal, closing,and related costs including title search,preparing conveyance contracts,notary fees,surveys,preparing drawings or plats, and charges paid incident to recordation; lender, FHA, VA or similar appraisal cost; FHA, VA or similar application fee; cost for certification of structural soundness; credit report charges;charge for owner's and mortgagee's evidence or assurance of title; escrow agent's fee; and sales or transfer taxes.Payment for any such expenses shall not exceed the amount attributable to the purchase of a replacement dwelling.Such expenses shall be reasonable and legally required or customary in the community. Reimbursement shall hot be made under the provisions of this paragraph for any fee,cost,charge,or expense which is determined to be a part of the debt service or finance charge under Title I of the Truth in Lending Act(Pub. L. 90- - 321),and Regulation Z issued pursuant thereto by the Board of Governors of the Federal Reserve System.Any such sum should be considered in the determination of interest payments. (d)Multi-family Dwelling.In the case of a displaced homeowner who is required to move from a one-family unit of a multi-family building which be owns, the replacement housing payment shall be based on the cost of a comparable one-family unit in a multi-family building of approximately the same density or if that is not available in a building of the next less density, or,if a comparable one-family unit in such a multi-family building is not available,the cost of an otherwise comparable single-family structure. (e)Owner Retention. (1)If a displaced homeowner elects to retain,move,and occupy his dwelling,the amount payable under this section is the difference between the acquisition price of the acquired property and the sum of the moving and restoration expenses, the cost of correcting decent safe, and sanitary deficiencies, if any, and the actual purchase price of a comparable relocation site. A public entity may limit the payment made under this subsection to the amount of the replacement housing payment for which the homeowner would otherwise be eligible. (2)The payment shall not exceed$22,500. Page 43 25 CCR 6102 (f)Provisional Payment Pending Condemnation. If the exact amount of a replacement housing payment cannot be determined because of a pending condemnation suit, the public entity concerned may make a provisional replacement housing payment to the displaced homeowner equal to the difference between the public entity's maximum offer for the property and the reasonable cost of a.compamble replacement dwelling,but only if the homeowner enters into an agreement that upon final adjudication of the condemnation suit the replacement housing payment will be recomputed on the basis of the acquisition price determined by the court. If the acquisition price as determined by the court is greater than the maximum offer upon which the provisional replacement housing payment is based,the difference will be refunded by the homeowner to the public entity.If the acquisition price as determined by the court is less than the maximum offer upon which the provisional replacement housing payment is based,the difference will be paid to the homeowner. (g)Lease of Condominium.For the purposes of this section,the leasing of a condominium for a 99-year period, or for a term which exceeds the life expectancy of the displaced person as determined by the most recent life tables in Vital Statistics of the United States,as published by the Public Health Service of the Department of Health,Education and _ Welfare,shall be deemed a purchase of the condominium. AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Section 7263, Government Code. HISTORY: 1.Amendment of subsections(a)(1)and(a)(4)and new Note filed 8-12-97;operative 9-11-97(Register 97,No. 33). 2.Amendment of subsection(e)(2)filed 10-7-99;operative 11-6-99(Register 99,No.41). 40 of 81 DOCUMENTS - - - BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright©2006 by Barclays Law Publishers All rights reserved "THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 25 CCR 6104(2006) - § 6104. Replacement Housing Payments for Tenants and Certain Others (a)General.A public entity shall make to a displaced person who satisfies the eligibility requirements of section 6084 and the conditions of subsection(b)below,a payment not to exceed$5,250 for either: (1)An amount,computed in accordance with paragraph(d)(1)of this section,necessary to enable such person to lease or rent a replacement dwelling for a period not to exceed 42 months2;or Page 44 25 CCR 6104 (2)An amount,computed in accordance with paragraph(d)(2)of this section,necessary to enable such person to make a downpayment on the purchase of a replacement dwelling(including incidental expenses described in section 6102). (b)Eligibility Conditions. A displaced person is eligible for the payments specified in subsection(a)if he satisfies the following conditions: (1)Has occupied the dwelling from which he is displaced for a period of not less than 90 days prior to the initiation of negotiation for acquisition of such dwelling. (2) Is not eligible to receive a replacement housing payment for homeowners under section 6102 or elects not to receive such payment. Where the displaced person is the owner-occupant of the dwelling, the payment made under paragraph 6104(a)(2)shall not exceed the amount of payment to which the person would be eligible under section 6102. (3)Whenever a payment under subsection(a)(2)is sought the displaced person shall within one year from the date of displacement purchase and occupy a replacement dwelling. (c)The provisions in subsection 6102(6)for modifying the conditions of eligibility also apply to this section. (d)Computation of Payment (1)Rentals. Except for projects commenced prior to January 1, 1998 (see footnotes 1 and 2)the amount of payment necessary to lease or rent a comparable replacement dwelling,under subsection(a)(1),shall be computed by subtracting 42 times the base monthly rental of the displaced person(as determined in accordance with this subsection),from 42 times the monthly rental for a comparable replacement dwelling(as determined in accordance with this subsection): Provided, that in no case may such amount exceed the difference between 42 times the base monthly rental as determined in accordance with this subsection and 42 times the monthly rental actually required for the replacement dwelling occupied by the displaced person. (A) Base Monthly Rental. The base monthly rental shall be the lesser of the average monthly rental paid by the displaced person for the 3-month period prior to initiation of negotiations or 30 percent of the displaced person's average monthly income. (See subsection 6008(1).) Where the displaced person was the owner of the dwelling from which he was displaced or was not required to pay rent for that dwelling,the economic rent(see subsection 6008(b))shall be used in lieu of the average monthly rental to calculate base monthly rental. (B) Comparable Rental. The monthly rental for a comparable replacement dwelling shall be the amount of rent determined by the public entity by one of the methods described in paragraph 6102(c)(1), considering rental charges instead of listing price or acquisition cost. (C) Whichever method is selected the cost shall be updated to within three months of the date of rental of the replacement dwelling. (2)Downpayment. The downpayment for which a payment specified under paragraph (a)(2) of this section may be made, shall not exceed the amount of a reasonable downpayment for the purchase of a comparable replacement dwelling where such purchase is financed,plus expenses incident to the purchase of a replacement dwelling computed in accordance with Section 6102.The full amount of a downpayment under this section shall be applied to the purchase of the replacement dwelling and shall be shown on the closing statement or other document acceptable to the public entity. (e)Rental Payments for Displaced Owners and Dependents. (1)Owners. A displaced owner who elects to rent rather than purchase a replacement dwelling and who meets the eligibility conditions specified in subsection(b)is eligible for the payment specified in paragraph(a)(1). (2)Dependents.A dependent who is residing separate and apart from the person or family providing support,whether such separate residence is permanent or temporary,shall be entitled to payment under this section, but such payment shall be limited to the period during which the displaced dependent resides in the replacement dwelling.At the time the displaced dependent vacates that dwelling,no further payment under this section shall be made to such person.For the purposes of this paragraph a'dependent'shall be a person who derives fifty-one percent or more of his income in the form of gifts from any private person or any academic scholarship or stipend.Full-time students shall be presumed to be dependents but may rebut this presumption by demonstrating that fifty percent or more of their income is derived from sources other than gifts from another private person or academic scholarships or stipends. Page 45 25 CCR 6104 _ Dependents residing with the family of which they are a part shall not be entitled to any payment except as a part of the family. (f)Disbursement.Except where specifically provided otherwise,the public entity shall have the authority to disburse payments under this section in a lump sum,monthly or at other intervals acceptable to the displaced person. 2For those who,pursuant to the criteria set forth in Government Cade section 7260(i)(3)(A) through(J),would have qualified as a"displaced person"prior to January 1, 1998,benefits shall be provided for 48 months provided they do not exceed$5,250. AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Sections 7260(1)and 7264,Government Code. HISTORY: 1. Amendment of subsections (a), (a)(2), (d)(1),(d)(IXA)and(d)(2)and new Note filed 8-12-97; operative 9-11-97 (Register 97,No.33). 2.Amendment of subsection(a)(1)and(d)(1)-(d)(1)(A)filed 10-7-99;operative 11-6-99(Register 99,No.41). 41 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 15 CCR 6106(2006) § 6106. Proration of Payments For the purpose of calculating an alternate payment under section 6098 or a replacement housing payment under section 6102 or 6104,two or more individuals(whether they are members of one family or not)living together in and displaced from a single dwelling shall be regarded as one person. Where a tenant is sharing a single-family dwelling with an owner-occupant and paying the owner-occupant rent for the privilege,the tenant shall not be entitled to more than one-half of the rental supplement otherwise payable. The owner-occupant shall not be required to share the payment to which he is entitled or accept a prorated amount. HISTORY: Page 46 25 CCR 6106 A 1.Amendment filed 11-5-76 as an emergency;designated effective 11-27-76(Register 76,No. 44). 2. Certificate of Compliance filed 2-16-77(Register 77,No. 8)- 42 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved i •THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 ' TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DMSION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 25 CCR 6108(2006) § 6108. Condition of Replacement Dwelling (a)When a displaced person qualifies for a replacement housing payment(under section 6102 or 6104)by purchasing or renting a replacement dwelling,the unit, as a general rule,must be decent,safe and sanitary. There are three exceptions. One is described in paragraph 6040(a)(6).The others are: (1)If the purchase of such a dwelling is the result of the public entity's failure to identify a reasonable number of comparable replacement dwellings as required or if the dwelling is one to which the person was referred by the public entity,the condition of the dwelling does not affect eligibility for a replacement housing payment. t (2) If the purchase of such a dwelling is not the result of a public entity's referral or failure to refer,the otherwise eligible person qualifies for a replacement housing payment if the unit is brought into compliance with the decent, safe and sanitary standard.In this situation payment shall be limited to the amount that would be provided in connection with the purchase of a similar,comparable replacement dwelling or the sum of the actual costs of acquisition(including related expenses)and rehabilitation,whichever is less. (b)A public entity shall not induce or encourage a displaced person to acquire a dwelling which does not satisfy the comparable replacement housing standard.(See section 6008(c).) +{i 1 Page 47 43 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006' TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 25 CCR 6110(2006) § 6110. Certificate of Eligibility Upon request by a displaced homeowner or tenant who has not yet purchased and occupied a replacement dwelling,but who is otherwise eligible for a replacement housing payment,the public entity concerned shall certify to any interested party,financial institution,or lending agency,that the displaced homeowner or tenant will be eligible for the payment of a specific sum if he purchases and occupies a dwelling within the time limits prescribed. 44 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2606,NO. 1,JANUARY 6,2006' TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 25 CCR 6112(2006) § 6112. Manufactured Homes and Mobilehomes (a) General.A manufactured home or mobilehome is a dwelling.(See subsection 6008(g).) A person displaced from a manufactured home or mobilehome must satisfy the same eligibility requirements and must be provided the same assistance,assurance and payments as a person displaced from a conventional dwelling. (b)Moving Expenses.If a manufactured home ormobilebome is moved to another site,the displaced person shall be compensated for moving expenses in accordance with sections 6090 and 6092.The provisions of these sections which generally apply only to businesses and farms shall also apply to displaced persons who move a manufactured home or mobilehome. Page 48 25 CCR 6112 (c)Replacement Housing Payments. - (1)A person who owns a manufactured home or mobilehome and site and as a replacement purchases both a dwelling and site shall be provided a replacement housing payment in accordance with section 6102. A person who owns a manufactured home or mobilehome and site, and as a replacement rents both a dwelling and site, shall be provided a payment in accordance with section 6104. (2)A person who rents a manufactured home or mobilehome and site, and as a replacement rents or purchases a dwelling and site,shall be provided a payment in accordance with section 6104. (3)A person who owns a manufactured home or mobilehome and site,and as a replacement purchases a dwelling and rents a site, shall be provided a payment in accordance with sections 6102 and 6104.The payment shall be limited to the lesser of. (A)The amount necessary to purchase,a conventional comparable replacement manufactured home and mobilehome; or (B)The amount necessary to purchase a replacement manufactured home or mobilehome(in accordance with section 6102)plus the amount necessary to rent a replacement site(in accordance with section 6104).In calculating this amount, the economic rent for the site shall be used in lieu of average monthly rental to determine the base monthly rental (as provided in paragraph 6104(d)(1)). (4) A person who owns a site from which he moves a manufactured home or mobilehome shall be provided a replacement housing payment under section 6102 if he purchases a replacement site and under section 6104 if he rents a replacement site. (5)A person who owns a manufactured home or mobilehome which is acquired and rents the site shall be provided payment as follows: (A) If a manufactured home or mobilehome, as appropriate, is not available the amount required to purchase a conventional replacement dwelling(in accordance with section 6102); (B)The amount necessary to purchase a replacement manufactured home or mobilehome(in accordance with section 6102)plus the amount necessary to lease,rent or make a downpayment on a replacement site(in accordance with section 6104);or (C)If he elects to rent a replacement manufactured home or mobilehome and site, the amount required to do so in accordance with section 6104.In calculating this payment,the average monthly rental shall equal the economic rent for the manufactured home or mobilehome plus the actual rent for the site. (6) Similar principles shall be applied to other possible combinations of ownership and tenancy upon which a claim for payment might be based. AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Sections 18007 and 18008,Health and Safety Code. HISTORY: ` 1.Amendment of section and new Note filed 8-12-97;operative 9-11-97(Register 97,No.33). J i i� 1 Page 49 45 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved - *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 3. RELOCATION PAYMENTS 25 CCR 6114(2006) § 6114. Affected Property (a)In addition to the payments required by Section 7262 of the Act(see sections 6090, 6092,6094, 6096, 6098 and 6100), as a cost of acquisition, the public entity shall make a payment to any affected property owner meeting the requirements of this section. (b)Such affected property is immediately contiguous to property acquired for airport purposes and the owner shall have owned the property affected by acquisition by the public entity not less than 180 days prior to the initiation of negotiation for acquisition of the acquired property. (c) Such payment, not to exceed fifteen thousand dollars(S 22,500), shall be the amount, if any, which equals the actual decline in the fair market value of the property of the affected property owner caused by the acquisition by the public entity for airport purposes of other real property and a change in the use of such property. (d)The amount,if any,of actual decline in fair market value of affected property shall be determined according to rules and regulations adopted by the public entity.Such rules and regulations shall limit payment under this section only to such circumstances in which the decline in fair market value of affected property is reasonably related to objective physical change in the use of acquired property. (e) "Affected property" means any real property which actually declines in fair market value because of acquisition by a public entity for public use of other real property and a change in the use of the real property acquired by the public entity. HISTORY: 1.Amendment of subsection(c)filed 10-7-99;operative 11-6-99(Register 99,No.41). ++ Page 50 1 46 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright C 2006 by Barclays Law Publishers All rights reserved . "THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 + TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DMSION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 4. LAST RESORT HOUSING t 25 CCR 6120(2006) § 6120. Purpose The purpose of this part is to set forth the criteria and procedures for assuring that if the action of a public entity results, or will result in displacement,and comparable replacement housing will not be available as needed,the public entity shall use its funds or funds authorized for the project to provide such housing. 47 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved ' THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 4. LAST RESORT HOUSING 25 CCR 6122(2006) §6122. Determination of Need for Last Resort Housing If on the basis of data derived from surveys and analyses which satisfy the requirements of sections 6048 and 6052,the public entity is unable to demonstrate that comparable replacement housing will be available as required,the bead of the public entity shall determine whether to use the public entity's funds or the funds authorized for the project to provide such necessary replacement housing or to modify,suspend or terminate the project or undertaking. I t i t i a r Page 51 48 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 4. LAST RESORT HOUSING 25 CCR 6114(2006) §6124. Development of Replacement Housing Plan (a)Geneml. (1)Following the determination pursuant to section 6122,the head of the displacing public entity shall develop or cause to be developed a replacement housing plan to produce a sufficient number of comparable replacement dwellings. The plan shall specify how, when and where the housing will be provided,how it will be financed and the amount of funds to be diverted to such housing,the prices at which it will be rented or sold to the families and individuals to be displaced,the arrangements for housing management and social services as appropriate,the suitability of the location and environmental impact of the proposed housing,the arrangements for maintaining rent levels appropriate for the persons to be rehoused,and the disposition of proceeds from rental,sale,or resale of such housing.If a referendum requirement or zoning presents an obstacle,the issue shall be addressed. (2) All contracts and subcontracts for the construction, rehabilitation or management of last resort housing shall be let without discrimination as to race, sex, marital status,color, religion,national origin, ancestry or other arbitrary circumstance and pursuant to an affirmative action program.The public entity shall encourage participation by minority persons in all levels of construction,rehabilitation,planning,financing and management of last resort housing.When the - housing will be located in an area of minority concentration,the public entity shall seek to secure significant participation of minorities in these activities. The public entity shall require that,to the greatest extent feasible, opportunities for training and employment arising in connection with the planning,construction,rehabilitation,and operation of last resort housing be given to persons of low income residing in the area of such housing and shall determine and implement means to secure the participation of small businesses in the performance of contracts for such work. (b)Citizen Participation. (1) If the need for last resort housing exceeds 25 units, the head of the displacing public entity shall establish a committee which will consult with and provide advice and assistance to the displacing public entity in the development of the plan.The committee should include appointed representatives of the displacing entity and state and local agencies knowledgeable regarding housing in the area,including but not limited to the local housing authority and the central relocation agency,if any.In addition,the committee should include representatives of other appropriate public groups(for example,local and areawide planning agencies)and private groups knowledgeable regarding housing and the problems of housing discrimination. (2) The committee shall include representatives of the residents to be displaced. These representatives may be appointed by the displacing entity or elected by the residents,as the residents wish.Resident representatives shall, at a minimum,constitute one-third of the committee membership.Votes shall be allocated so that the total votes of resident representatives shall equal one-half of the total votes of the committee membership. (3) The plan must be approved by the vote of a simple majority of the committee membership. In the event the committee fails to approve the plan,the local governing body or,where the displacing entity is a state agency,the head of the state agency may substitute its approval 25 CCR 6124 Page 52 (c)Consultation with Other Housing Agencies and Organizations. The head of the displacing public entity may consult or contract with the department, a local housing authority, or other agency or organization having experience in the administration or conduct of housing programs to provide technical assistance and advice in the development of the replacement housing plan. I 49 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers - All rights reserved i •THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 ' TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 4. LAST RESORT HOUSING 25 CCR 6126(2006) §6126. Submission of Plan for Comment The head of the displacing public entity shall submit the plan and all significant amendments to the local housing and planning agencies for comment and to assure that the plan accurately reflects housing conditions and needs in the relocation area.Reviewing agencies shall have 30 calendar days following receipt of the plan to prepare their comments. Copies of all comments received shall be forwarded to the committee and available to all interested persons. General notice of the plan shall be provided.Notice shall be designed to reach the residents of the relocation area;it shall be in accordance with the provisions of paragraph 6046(a)(3) and subsection 6046(b); and it shall be provided 30 days prior to submission to the committee,or the local governing body or head of state agency for approval. AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Sections 7260.5(a)(5)and 7264.5, Government Code. HISTORY: 1.Amendment of first paragraph and new Note filed 8-12-97;operative 9-11-97(Register 97,No.33). i �I r 1 {ilF Page 53 50 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright Q 2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 4. LAST RESORT HOUSING 25 CCR 6128(2006) §6128. Determination by Displacing Public Entity of Feasibility and Compliance Upon receipt and consideration of the comments,the displacing public entity shall determine whether or not: (a)The plan is feasible. (b)The plan complies with applicable environmental standards and procedures. (c)The plan is compatible with the local general plan and housing element and the areawide housing plan or strategy. If any of the above determinations by the displacing public entity isnegative the displacing public entity shall revise the plan as necessary. Substantial modifications in the plan shall be submitted for review and comment as provided in section 6126. If necessary for timely implementation of the plan or execution of the project,the head of the displacing public entity may shorten the time allowed in section 6126 for review of modifications. 51 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 4. LAST RESORT HOUSING - 25 CCR 6130(2006) § 6130. Implementation of the Replacement Housing Plan Upon making the determinations required by section 6128,the head of the displacing entity may expend funds and take such other actions as necessary to provide,rehabilitate,or construct replacement housing pursuant to the approved 3 Page 54 I 25 CCR 6130 replacement housing plan through methods including but not limited to the following: (a)Transfer of funds to state and local housing agencies. (b)Contract with organizations experienced in the development of housing. (c)Direct construction by displacing public entity. Whenever practicable,the head of the displacing public entity should utilize the services of federal, state, or local housing agencies,or other agencies having experience in the administration or conduct of similar housing programs. 52 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DMSION I. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER L RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 4. LAST RESORT HOUSING 25 CCR 6132(2006) §6132. Housing Production The head of the displacing public entity shall monitor the production of the last resort housing to ensure that it is in accordance with the plan. 53 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES + ARTICLE 4, LAST RESORT HOUSING I1 1 Page 55 25 CCR 6134 25 CCR 6134(2006) . § 6134. Jointly Sponsored Development where several agencies are administering programs resulting in residential displacement,opportunities shall be sought for joint development and financing to aggregate resources in order most efficiently to provide replacement housing in sufficient quantity to satisfy the aggregate needs of such programs. 54 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright©2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 4. LAST RESORT HOUSING 25 CCR 6136(2006) §6136. Last Resort Housing in Lieu of Payments A public entity shall not require a displaced person to accept a dwelling provided pursuant to this Article in lieu of the displaced person's acquisition payment,if any,for the real property from which he is displaced or the relocation payments for which he may be eligible. 55 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DMSION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 4. LAST RESORT HOUSING 4 Page 56 25 CCR 6138 15 CCR 6138(2006) § 6138. Conformity with the Act and Other Statutes,Policies and Procedures (a)Civil Rights and Other Acts.The administration of this Article shall be in accord with the provisions of all applicable federal and state non-discrimination laws and regulations issued pursuant thereto. (b)Dwelling and Relocation Standards.Determinations made pursuant to section 6122 and any plan developed and t implemented for providing replacement housing and all such housing provided thereunder shall be in conformity with the standards established in the Act and Guidelines. AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Section 7260.5(c)(4), Government Code. HISTORY: 1.Amendment of subsection(a)and new Note filed 8-12-97;operative 9-I1-97(Register 97,No.33). 56 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright Q 2006 by Barclays Law Publishers All rights reserved "THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 4. LAST RESORT HOUSING 25 CCR 6139(2006) §6139. Last Resort Housing (a)Whenever comparable replacement dwellings are not available,or are not available within the monetary limits of Government Code sections 7263 and 7264,as appropriate,the displacing agency shall provide additional or alternative assistance under the provisions of this part. (b)The methods of providing replacement housing of last resort include,but are not limited to: (1) A replacement housing payment calculated in accordance with the provisions of sections 6102 or 6104, as appropriate,even if the calculation is in excess of the monetary limits of Government Code sections 7263 and 7164. A rental assistance payment under this part shall be paid to the displaced person in a lump sum,or at the discretion of the displacing agency, $5,250 shall be paid to the displaced person in a lump sum upon displacement and the remainder of the payments shall be paid to the displacee in periodic payments over a period not to exceed 42 months unless otherwise specified by statute. (2)Major rehabilitation of and/or additions to an existing replacement dwelling in a sum equal to or greater than the f i Page 57 25 CCR 6139 payment to which the displaced person is entitled under subsection(b)(1). (3) The construction of a new replacement dwelling in a sum equal to or greater than the payment to which the displaced person is entitled under subsection(b)(1)of this section. (4)The relocation and,if necessary,rehabilitation of a dwelling. (5)The purchase of land and/or a replacement dwelling by the displacing agency and subsequent sale or lease to,or exchange with a displaced person. (6)For purposes of accommodating the needs of handicapped persons,the removal of barriers to the handicapped. (c)Only at the discretion of displacing agencies are post-acquisition tenants entitled to last resort housing payments. AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Sections 7263, 7264 and 7264.5, Government Code. HISTORY: 1.New section filed 8-12-97;operative 9-11-97(Register 97,No.33). 2.Amendment of subsection(b)(1)filed 10-7-99;operative 11-6-99(Register 99,No.41). 57 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright C 2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION I. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 5. GRIEVANCE PROCEDURES 15 CCR 6150(2006) §6150. Purpose The purpose of this article is to set forth guidelines for processing appeals from public entity determinations as to eligibility,the amount of payment,and for processing appeals from persons aggrieved by a public entity's failure to refer them to comparable permanent or adequate temporary replacement housing.Public entities shall establish procedures to implement the provisions of this Article. Page 58 k 58 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright©2006 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006*. TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 5. GRIEVANCE PROCEDURES f I 25 CCR 6152(2006) §6152. Right of Review (a)Any complainant,that is any person who believes himself aggrieved by a determination as to eligibility,the amount of payment,the failure of the public entity to provide comparable permanent or adequate temporary replacement housing or the public entity's property management practices may, at his election,have his claim reviewed and reconsidered by the head of the public entity or an authorized designee(other than the person who made the determination in question)in accordance with the procedures set forth in this article,as supplemented by the procedures the public entity shall establish for such review and reconsideration. (b)A person or organization directly affected by the relocation plan may petition the department to review the final relocation plan of a public entity to determine if the plan is in compliance with state laws and guidelines or review the implementation of a relocation plan to determine if the public entity is acting in compliance with its relocation plan. Review undertaken by the department under this section shall be in accordance with the provisions of sections 6158 and may be informal.Before conducting an investigation,the department should attempt to constrain disputes between parties. Failure to petition the department shall not limit a complainant's right to seekjudicial review. (c)If a relocation appeals board has been established pursuant to Section 33417.5 of the Health and Safety Code, a city by ordinance may designate the board to hear appeals from local public entities which do not have an appeal process. In the absence of such an ordinance,public entities shall establish procedures to implement the provisions of this Article. AUTHORITY: Note: Authority cited: Section 50460,Health and Safety Code.Reference: Section 7266, Government Code. HISTORY: I. Amendment of subsection(b)and new Note filed 8-12-97;operative 9-11-97(Register 97,No.33): FF i i Page 59 59 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved 'THIS DOCUMENT IS CURRENT,THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006' TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 5. GRIEVANCE PROCEDURES 25 CCR 6154(2006) §6154. Notification to Complainant If the public entity denies or refuses to consider a claim,the public entity's notification to the complainant of its determination shall inform the complainant of its reasons and the applicable procedures for obtaining review of the decision.If necessary,such notification shall be printed in a language other than English in accordance with section 6046. 60 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved "THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 5. GRIEVANCE PROCEDURES 25 CCR 6156(2006) §6156. Stages of Review by a Public Entity (a)Request for Further Written Information. A complainant may request the public entity to provide him with a full written explanation of its determination and the basis therefore,if he feels that the explanation accompanying the payment of the claim or notice of the entity's determination was incorrect or inadequate. The public entity shall provide such an explanation to the complainant within three weeks of its receipt of his request. (b)Informal Oral Presentation.A complainant may request an informal oral presentation before seeking formal review and reconsideration.A request for an informal oral presentation shall be filed within the period described in subsection (d)of this section, and within 15 days of the request the public entity shall afford the complainant the opportunity to make such presentation. The complainant may be represented by an attorney or other person of his choosing.This oral Page 60 25 CCR 6156- presentation shall enable the complainant to discuss the claim with the head of the public entity.or a designee(other than the person who made the initial determination)having authority to revise the initial determination on the claim.The public entity shall make a summary of the matters discussed in the oral presentation to be included as part of its file.The right to formal review and reconsideration shall not be conditioned upon requesting an oral presentation. (c)Written Request for Review and Reconsideration.At any time within the period described in subsection(d) a complainant may file a written request for formal review and reconsideration.The complainant may include in the request for review any statement of fact within the complainant's knowledge or belief or other material which may have a bearing on the appeal.If the complainant requests more time to gather and prepare additional material for consideration or review and demonstrates a reasonable basis therefor,the complainant's request should be granted. (d)Time Limit for Requesting Review.A complainant desiring either an informal oral presentation or seeking a formal review and reconsideration shall make a request to the public entity within eighteen months following the date he moves from the property or the date he receives final compensation for the property,whichever is later. 1 61 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved • THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE S. GRIEVANCE PROCEDURES 25 CCR 6158(2006) §6158. Formal.Review and Reconsideration by the Public Entity (a)General.The public entity shall consider the request for review and shall decide whether a modification of its initial determination is necessary. This review shall be conducted by the head of the public entity or an authorized, impartial designee. (The designee may be a committee).A designee shall have the authority to revise the initial determination or the determination of a previous oral presentation.The public entity shall consider every aggrieved person's complaint regardless of form, and.shall, if necessary provide assistance to the claimant in preparing the written claim. When a claimant seeks review,the public entity shall inform him that he has the right to be represented by an attorney,to present his case by oral or documentary evidence,to submit rebuttal evidence, to conduct such cross-examination as may be required for a full and true disclosure of facts,and to seek judicial review once he has exhausted administrative appeal. (b) Scope of Review. The public entity shall review and reconsider its initial determination of the claimant's case in light of: (1)All material upon which the public agency based its original determination including all applicable rules and regulations,except that no evidence shall be relied upon where a claimant has been improperly denied an opportunity to controvert the evidence or cross-examine the witness. (2)The reasons given by the claimant for requesting review and reconsideration of the claim. (3)Any additional written or relevant documentary material submitted by the claimant. Page 61 25 CCR 6158 (4)Any further information which the public entity in its discretion,obtains by request,investigation,or research,to ensure fair and full review of the claim. (c)Determination on Review by Public Entity. (1)The determination on review by the public entity shall include,but is not limited to: (A)The public entity's decision on reconsideration of the claim. (B)The factual and legal basis upon which the decision rests,including any pertinent explanation or rationale. (C)A statement to the claimant of the right to further administrative appeal,if the public entity has such an appeal structure,or if not,a statement to the claimant that administrative remedies have been exhausted and judicial review may be sought. (2)The determination shall be in writing with a copy provided to the claimant. (d)Time Limits. (1)The public entity shall issue its determination of review as soon as possible but no later than 6 weeks from receipt of the last material submitted for consideration by the claimant of the date of the hearing,whichever is later. (2)In the case of complaints dismissed for untimeliness or for any other reason not based on the merits of the claim, the public entity shall famish a written statement to the claimant stating the reason for the dismissal of the claim as soon as possible but no later than 2 weeks from receipt of the last material submitted by the claimant or the date of the hearing, whichever is later. 62 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 5. GRIEVANCE PROCEDURES 25 CCR 6160(2006) § 6160. Refusals to Waive Time Limitation Whenever a public entity rejects a request by a claimant for a waiver of the time limits provided in section 6088, a claimant may file a written request for review of this decision in accordance with the procedures set forth in sections 6156 and 6158,except that such written request for review shall be filed within 90 days of the claimant's receipt of the public entity's determination. Page 62 63 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS - Copyright Q 2006 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2066 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DMSION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 5. GRIEVANCE PROCEDURES 15 CCR 6162(2006) § 6162. Extension of Time Limits The time limits specified in Section 6156 may be extended for good cause by the public entity. 64 of 81 DOCUMENTS - BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright C 2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 5. GRIEVANCE PROCEDURES 25 CCR 6164(2006) § 6164. Recommendations by Third Party Upon agreement between the claimant and the public entity,a mutually acceptable third party or parties may review the claim and make advisory recommendations thereon to the head of the public entity for its final determination. In reviewing the claim and making recommendations to the public entity, the third party or parties shall be guided by the provisions of this Article- Except to the extent the confidentiality of material is protected by law or its disclosure is prohibited by law, a public entity shall permit the claimant to inspect all files and records bearing upon his claim or the prosecution of the claimant's grievance.If a claimant is improperly denied access to any relevant material bearing on the claim, such material may not be relied upon in reviewing the initial determination. I i Page 63 65 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved "THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006` TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DMSION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 5. GRIEVANCE PROCEDURES 25 CCR 6166(2006) § 6166. Review of Files by Claimant Except to the extent the confidentiality of material is protected by law or its disclosure is prohibited by law, a public entity shall permit the claimant to inspect an files and records bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly denied access to any relevant material bearing on the claim,such material may not be relied upon in reviewing the initial determination. 66 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved "THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006" TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DMSION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 5. GRIEVANCE PROCEDURES 25 CCR 6168(2006) §6168. Effect of Detennination on Other Persons The principles established in all determinations by a public entity shall be considered as precedent for all eligible persons in similar situations regardless of whether or not a person has filed a written request for review, All written determinations shall be kept on file and available for public review. Page 64 67 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved "THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 ' TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 5. GRIEVANCE PROCEDURES 25 CCR 6170(2006) 1 1 §6170. Right to Counsel Any aggrieved party has a right to representation by legal or other counsel at his expense at any and all stages of the proceedings set forth in these sections. - 68 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved •THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 " TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION I. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 5. GRIEVANCE PROCEDURES 25 CCR 6172(2006) §6172. Stay of Displacement Pending Review If a complainant seeks to prevent displacement,the public entity shall not require the complainant to move until at least 20 days after it has made a determination and the complainant has had an opportunity to seek judicial review.In all cases the public entity shall notify the complainant in writing 20 days prior to the proposed new date of displacement i i k Page 65 69 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 5. GRIEVANCE PROCEDURES 25 CCR 6174(2006) §6174. Joint Complainants Where more than one person is aggrieved by the failure of the public entity to refer them to comparable permanent or adequate temporary replacement housing the complainants may join in filing a single written request for review. A determination shall be made by the public entity for each of the complainants. 70 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. I,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 5. GRIEVANCE PROCEDURES 25 CCR 6176(2006) §6176. Judicial Review Nothing in this Article shall in any way preclude or limit a claimant from seeking judicial review of a claim upon exhaustion of such administrative remedies as are available under this Article. Page 66 71 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright C 2006 by Barclays Law Publishers All tights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 * - TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT t CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 6. ACQUISITION POLICIES 25 CCR 6180(2006) §6180. Purpose The purpose of this Article is to set forth the practices to be followed with respect to acquisition of real property by a public entity.Public entities shall,to the greatest extent practicable,be guided by these practices. 72 of 81 DOCUMENTS 1 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION ]. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 6. ACQUISITION POLICIES 25 CCR 6182(2006) §6182. Acquisition (a)A public entity shall make every reasonable effort to acquire property by negotiation and to do so expeditiously. (b)Before negotiations are initiated(see subsection 6008(n))a public entity shall: (1) Have the property appraised, giving the owner or his representative designated in writing an opportunity, by reasonable advance written notice,to accompany the appraiser during the inspection of the property; (2)If the owner of real property is also the owner of a business conducted on the real property to be acquired or on the remainder,inform him of his possible right to compensation for loss of goodwill.The public entity should include a copy of the pertinent provisions of the Eminent Domain Law(Code of Civil Procedure Sections 1230.010 et seq.). (3)Establish an amount it believes to be just compensation for the property,which amount shall,in no event,be less 1 Page 67 25 CCR 6182 than the public entity's approved appraisal of the fair market value of the property as improved. (c)The determination of just compensation shall be based upon consideration of. (1)The real property being acquired; (2)Where the real property acquired is part of a larger parcel,the injury,if any,to the remainder;and (3)Loss of goodwill,where the owner of the real property is also the owner of a business conducted upon the property to be acquired or on the remainder and where the provisions of the Eminent Domain Law pertaining to compensation for loss of goodwill are satisfied. Goodwill consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage. (d)As soon as possible after the amount of just compensation is established,the public entity shall offer to acquire the property for the full amount so established and shall provide the owner with a written statement of the basis for determination of just compensation.The statement shall include the following: (1)A general statement of the public use for which the property is to be acquired (2) A description of the location and extent of the property to be taken, with sufficient detail for reasonable identification,and the interest to be acquired. - (3)An inventory identifying the buildings,structures,fixtures,and other improvements. (4)A recital of the amount of the offer and a statement that such amount: (A)Is the full amount believed by the public entity to be just compensation for the property taken; (B)Is not less than the approved appraisal of the fair market value of the property as improved; (C)Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is to be acquired for such public improvement,other than that due to physical deterioration within the reasonable control of the owner or occupant;and - (D)Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity,except for an amount to compensate the owner for that portion of loss of goodwill provided in accordance with Section 6100. (5)If the real property is a portion of a larger parcel,the statement shall include an apportionment of the total estimated I ust compensation for the partial acquisition between the value of the property being taken and the amount of damage,if any,to the remainder of the larger parcel from which such property is taken. (6)If the owner of the real property to be acquired is also the owner of a business conducted upon the property or the remainder,the statement shall include an indication of the amount of compensation for loss of goodwill. (e)At the initiation of negotiations(see subsection 6008(n))a public entity shall provide written notification to the owner of a business conducted on the real property to be acquired or on the remainder,who is not also the owner of the real property,concerning his possible right to compensation for loss of goodwill.The public entity should include a copy of the pertinent provisions of the Eminent Domain Law(Code of Civil Procedure,Section 1230.010 et seq.). (f)(1)If after receiving the public entity's offer the owner requests additional information regarding the determination of just compensation,the public entity shall provide the following information to the extent that the determination of just compensation is based thereon: (A)The date of valuation used. (B)The highest and best use of the property. (C)The applicable zoning. (D)Identification of some of the sales,contracts to sell and purchase,and leases supporting the determination of value. (E)If the property is a portion of a larger parcel,a description of the larger parcel,with sufficient detail for reasonable identification. Page 68 25 CCR 6182 (2)With respect to each sale,contract,or lease provided in accordance with(1)(D)above,the following data should be provided: (A)The names and business or residence addresses,if known,of the parties to the transaction. (B)The location of the property subject to the transaction. (C)The date of transaction. (D)The price and other significant terms and circumstances of the transaction,if known. In lieu of stating the other terns and circumstances,the public entity may,if the document is available for inspection,state the place where and the times when it is available for inspection. (3) The requirements of this subsection do not apply to requests made after an eminent domain proceeding is commenced. (g)Whenever a part of a parcel of property is to be acquired by a public entity for public use and the remainder,or a portion of the remainder,will be left in such size,shape or condition as to constitute an uneconomic remnant the public entity shall offer to acquire the remnant if the owner so desires. For the purposes of these Guidelines an "uneconomic remnant"shall be a parcel of real property in which the owner retains an interest after partial acquisition of his property and which has little or no utility or value to such owner.(Nothing in this subsection is intended to limit a public entity's authority to acquire real property.) (h)Nothing in this section shall be construed to deprive a tenant of the right to obtain payment for his property interest as otherwise provided by law. (i) (1)Prior to commencement of an eminent domain proceeding the public entity shall make reasonable efforts to discuss with the owner its offer to purchase the owner's real property. The owner shall be given a reasonable opportunity to present material which he believes to be relevant as to the question of value and to suggest modification in the proposed terns and conditions of the purchase,and the public entity shall carefully consider the owner's presentation. (2)Prior to commencement of an eminent domain proceeding, if the evidence presented by an owner or a material change in the character or condition of the property indicates the need for a new appraisal or if a significant delay has occurred since the determination of just compensation,the public entity shall have its appraisal updated.If a modification in the public entity's determination of just compensation is warranted,an appropriate price adjustment shall be made and the new amount determined to bejust compensation shall be promptly offered in writing to the owner. (j) (1) In no event shall the public entity either advance the time of condemnation, or defer negotiations or condemnation on the deposit of funds in court for the use of the owner,or take any other action coercive or misleading in nature,in order to compel or induce an agreement on the price to be paid for the property. (2)If any interest in property is to be acquired by exercise of the power of eminent domain, the public entity shall promptly institute formal condemnation proceedings.No public entity shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of this real property. i Page 69 73 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright C 2006 by Barclays Law Publishers All rights reserved " THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 6. ACQUISITION POLICIES 15 CCR 6184(2006) §6184. Notice of Decision to Appraise The public entity shall provide the owner with written notice of its decision to appraise the real property as soon as possible after the decision to appraise has been reached.The notice shall state,as a minimum,that: (a)A specific area is being considered for a particular public use; (b)The owners property has been determined to be located within the area;and - (c)The owners property,which shall be generally described,may be acquired in connectionwiththe public use. 74 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved •THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006` TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 6. ACQUISITION POLICIES 25 CCR 6186(2006) § 6186. Time of Offer The public entity shall make its first written offer as soon as practicable following service of the Notice of Decision to Appraise.(See section 6184.) f Page 70 75 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved `THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. I,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES 1 ARTICLE 6. ACQUISITION POLICIES + - 25 CCR 6188(2006) § 6188. Notice of Land Acquisition Procedures (a)At the time the public entity notifies an owner of its decision to appraise real property it shall furnish the owner a written explanation of its land acquisition procedures, describing in non-technical, understandable terms the public entity's acquisition procedures and the principal rights and options available to the owner. (b)The notice shall include the following: (1)A description of the basic objective of the public entity's land acquisition program and a reference to the availability of the public entity's statement covering relocation benefits for which an owner-occupant may be eligible; (2)A statement that the owner or his representative designated in writing shall be given the opportunity to accompany each appraiser during his inspection of the property. (3)A statement that if the acquisition of any part of real property would leave the owner with an uneconomic remnant as defined in subsection 6182(8)the public entity will offer to acquire the uneconomic remnant;if the owner so desires; (4)A statement that if the owner is not satisfied with the public entity's offer of just compensation he will be given a reasonable opportunity to present relevant material,which the public entity will carefully consider,and that if a voluntary agreement cannot be reached the public entity,as soon as possible,will either institute a formal condemnation proceeding against the property or abandon its intention to acquire the property,giving notice of the latter as provided in section 6190. (5)A statement that construction or development of a project shall be so scheduled that no person lawfully occupying real property shall be required to move from a dwelling(assuming a replacement dwelling as required by these Guidelines will be available)or to move his business or farm operation without at least 90 days written notice from the public entity of the date by which the move is required;and (6)A statement that,if arrangements are made to rent the property to an owner or his tenant for a short tens or for a period subject to termination by the public entity on short notice,the rental will not exceed the lesser of the fair rental value of the property to short tern occupier or the pro rata portion of the fav rental value for a typical rental period. If the owner or tenant is an occupant of a dwelling,the rental for the dwelling shall be within his financial means.(See subsection 6008(c).) i J i 1 Page 71 76 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 6. ACQUISITION POLICIES - 25 CCR 6/90(2006) § 6190. Notice of Public Entity's Decision Not to Acquire _ Whenever a public entity which has forwarded a Notice of Decision to Appraise or has made a firm offer subsequently decides not to acquire the property,the public entity shall serve a notice in writing on the owner,all persons occupying the property and all other persons potentially eligible for relocation payments and assistance. This notice shall state that the public entity has decided not to acquire the property.It shall be served not later than 10 days following the date of the public entity decision not to acquire. 77 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright©2006 by Barclays Law Publishers All rights reserved THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER L RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 6. ACQUISITION POLICIES 25 CCR 6192(2006) §6192. Incidental Expenses If the real property is acquired by purchase, the public eatity shall pay all reasonable expenses incident to transfer. Among the expenses requiring payment are: recording fees,transfer fees and similar expenses incident to the conveyance of real property,and the pro rata portion of charges for public service such as water,sewage and trash collection which are allowable to a period subsequent to the date of transfer of title to the public entity or the effective date of possession of such property by the public entity,whichever is earlier.The public entity shall inform the owner that he may apply for a rebate of the pro rata portion of any real property taxes paid Page 72 25 CCR 6192 HISTORY: 1.Amendment filed 11-5-76 as an emergency;designated effective 11-27-76(Register 76,No.44), 2. Certificate of Compliance filed 2-16-77(Register 77,No.8). 78 of 81 DOCUMENTS Il BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers s All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006' TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 6. ACQUISITION POLICIES 25 CCR 6194(2006) § 6194. Short Term Rental (a)If the public permits an owner or tenant to occupy the real property acquired on a rental basis for a short-term or for a period subject to termination by the public entity on short notice,the amount of rent required shall not exceed the lesser of the fair rental value to a short-term occupier or the pro rata portion of the fair rental value for a typical rental period. If the owner or tenant is an occupant of a dwelling,the rental for the dwelling shall be within his financial means.(See subsection 6008(c).) (b)A post-acquisition tenant who occupies real property acquired on a rental basis for a short term and who is informed that the property has been acquired for a public use shall be given not less than 30 days notice of termination of the tenancy. HISTORY: 1.Amendment of subsection(b)filed 11-5-76 as an emergency;designated effective 11-27-76(Register 76,No.44). 2.Certificate of Compliance filed 2-16-77(Register 77,No.8). 1 i F I f Page 73 79 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 6. ACQUISITION POLICIES 25 CCR 6195(2006) § 6195. Public Information The purchase price and other consideration paid by the public entity is public information and shall be made available upon request. 80 of 81 DOCUMENTS BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2006 by Barclays Law,Publishers All rights reserved *THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006 TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT DIVISION I. HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 6. ACQUISITION POLICIES 25 CCR 6196(2006) §6196. Service of Notice Service of all notices required by this article shall be made either by first class mail or by personal service upon the person to be notified. Page 74 i 81 of 81 DOCUMENTS _ BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright®2006 by Barclays Law Publishers All rights reserved `THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006,NO. 1,JANUARY 6,2006' TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT ` DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT f CHAPTER 6. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS I SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES ARTICLE 6. ACQUISITION POLICIES 15 CCR 6198(2006) §6198. Nonpossessory Interest Exception The provisions of 6182(b),(c),(d)(4),and(f)and 6188 shall not apply to the acquisition of any easement,right-of-way, covenant or other nonpossessory interest in real property to be acquired for the construction,reconstruction, alteration, enlargement, maintenance, renewal, repair or replacement of sub-surface sewers, waterlines or appurtenance, drains, septic tanks,or storm water drains. Attachment A Minimum Contents of Informational Statement(s) [See Table In Original] AUTHORITY: Note: Authority cited: Sections 41226 and 50626, Health and Safety Code. Reference: Sections 41120-41129 and 50625-50629,Health and Safety Code. HISTORY: 1.Renumbering from Chapter 1,Subchapter 4(Sections 1500-1520,not consecutive)to Chapter 6,Subchapter 2(Sections 6200-6220, not consecutive)filed 1-28-77 as procedural and organizational;effective upon filing(Register 77,No. 5). For prior history,see Register 76,No. 18. - 2. Repealer of Subchapter 2 (Articles 1-2, Sections 6200-6220,not consecutive) filed 6-19-80; effective thirtieth day thereafter(Register 80,No.25). It 1 F EXHIBIT 9 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROSECT 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, on January 7, 2008 the City Council directed the staff to initiate an amendment to the Redevelopment Plan; and WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") has undertaken the required steps for consideration of the amendment to the draft Redevelopment Plan ("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; and WHEREAS, the Plan Amendment proposes to add 15. 1 acres of territory ("Added Area" or " 14 1h Amendment"), re-instate eminent domain on two (2) commercial properties in the West End Project and increase the tax increment limit from $ 114.9 million to $300 million; and WHEREAS, the Agency has prepared the Amendment to the Redevelopment Plan for the Project Area ("Amendment") in accordance with the provisions of California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL"); and WHEREAS, the City Council has received from the Agency the Amendment to the Redevelopment Plan for the Project Area, a copy of which is on file at the Office of the City Clerk, City of Azusa, 213 E. East Foothill Blvd, Azusa, CA 91702-2550, together with the report of the Agency prepared pursuant to Section 33352 of the California Health and Safety Code (the. "Report to the City Council"), including the reasons for the selection of the Added Area, and a discussion of certain other matters as set forth in Section 33352 of the CRL including an analysis of the physical and economic conditions existing in the Added Area, the proposed method of financing the redevelopment of the Added Area, a plan for the relocation of business owners and tenants who may be temporarily or permanently displaced under the Amendment - 1 - recommendations of the Azusa Planning Commission (the "Planning Commission"), the minutes of consultations with affected taxing agencies, the Final Environmental Impact Report on the Amendment to the Redevelopment Plan, and an implementation plan; and WHEREAS, the Planning Commission has submitted to the City Council its report and recommendations for approval of the Amendment to the Redevelopment Plan and its certification that the Amendment to the Redevelopment Plan conforms to the Azusa General Plan (the "General Plan"); and 4 WHEREAS, the City Council and the Agency held a duly noticed joint public hearing on June 2, 2008, concerning the adoption of the Amendment to the Redevelopment Plan; and WHEREAS, the City Council and the Agency opened the joint public hearing on June 2, 2008, adopted the Report to the City Council, verified noticing and publication of the joint public hearing, received public testimony, received written objections regarding the Amendment, closed the joint public hearing and continued the meeting to June 16, 2008, in order to respond to written objections concerning the adoption of the Amendment to the Redevelopment Plan; and WHEREAS, the Redevelopment Agency responded in writing to the written objections with a good-faith, reasoned analysis that described the disposition of the issues raised, addressed the written objections in detail, and gave reasons for not accepting specified objections and suggestions; and WHEREAS, notice of the joint public hearing was duly and regularly published in the Azusa Herald, a newspaper of general circulation in the City of Azusa, in accordance with CRL Section 33361 , and a copy of said notice and affidavit of publication are on file with the City Clerk of the City of Azusa (the "City Clerk") and Secretary of the Agency; and WHEREAS, copies of the notice of joint public hearing were mailed by first class mail to the last known address of each assessee, as shown on the last equalized assessment roll of Los Angeles County, of each parcel of land in the existing Merged Central Business District and West End Redevelopment Project Area, to each resident, and to each business as practicable; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the existing Merged Central Business District and West End Redevelopment Project Area and the Added Area; and WHEREAS, the Agency previously adopted a method for the relocation of persons and businesses who may be displaced as a result of carrying out I - 2 - l redevelopment activities, as well as rules governing participation and preferences for property owners and business occupants, these rules will be extended to the Added Area; and WHEREAS, the City Council has no knowledge of any residential building in the Added Area and of the availability of suitable housing for the relocation of families and persons who may be displaced by redevelopment activities; however, any future relocation of residents will be carefully considered and reviewed prior to relocation and the method of relocation previously approved in the Merged Project Area will be extended to the Added Area; and WHEREAS, the City Council has considered the report and recommendations of the Planning Commission, the report of the Agency, the Amendment to the Redevelopment Plan and its economic feasibility, the feasibility of the relocation program and the Environmental Impact Report, and has provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for or against any and all aspects of the Amendment to the Redevelopment Plan; and WHEREAS, the City Council has reviewed and considered the Final Environmental Impact Report for the Redevelopment Plan, prepared and submitted pursuant to Public Resources Code Section 21151 and CRL Section 33352, and certified the completion of said Environmental Impact Report on June 16, 2008, by City Council resolution No. ; and WHEREAS, the Agency has reviewed and considered the final Environmental Impact Report for the Redevelopment Plan, prepared and submitted pursuant to Public Resources Code Section 21151 and CRL Section 33352, and certified the completion of said Environmental Impact Report on June 16, 2008, by Agency Resolution No. NOW, THEREFORE, the City Council of the City of Azusa does ordain as follows: Section 1 : The overall objective, purpose and intent of the City Council with respect to the area covered by the Amendment to the Redevelopment Plan is to provide for the elimination or alleviation of physical and economic conditions of blight. Broadly stated, these conditions include physical deterioration of buildings and facilities both public and private, inadequate public improvements and facilities that are essential to the health and safety of local residents and businesses, areas of incompatible land uses, lots of irregular form and shape and of inadequate size for proper development, parcels suffering from depreciated values and impaired investments, and a variety of other conditions that are a threat to the public health, safety, and welfare. - 3 - . f . 1 In eliminating blighting conditions through the implementation of the Amendment to the Redevelopment Plan the City Council intends to achieve the following goals: • Invest in the Growth and Evolution of the City's Economy. • Work with the private sector to encourage core community revitalization with emphasis on the corridors leading to the downtown area of the City. I • Promote the creation of mixed-use urban centers. • Continue business retention and expansion efforts while implementing office and industrial attraction strategies emphasizing the provision of high-paying ' jobs. • Provide new housing development opportunities to address the City's regional housing needs. • Improve aesthetics on major corridors. Invest in the City's infrastructure (water, streets, sewers, parks, storm drains and public facilities). • Develop funding alternatives to implement infrastructure master plans. • Provide enhanced recreational, educational and cultural activities. In addition to these broad City-wide goals, some specific goals to be achieved through the Plan are as follows: Section 2: The City Council hereby finds and determines that: (a) The Added Area is a blighted area pursuant to CRL Section 33030 the redevelopment of which is necessary to effectuate the purposes of CRL. These findings are based in part on the research and facts contained in the Report to the City Council. (b) The Added Area is a predominately urbanized area. As demonstrated by the Agency's Report to the City Council, not less than eighty percent (80%) of the property in the Added Area is urbanized. (c) The Amendment to the Redevelopment Plan will assist in Agency efforts to redevelop the Added Area in conformity with the CRL and in the interests of the public health, safety and welfare. This finding is based in part upon the fact that redevelopment of the Added Area will implement the objectives of the CRL by aiding in the elimination and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement, and providing for higher economic utilization of potentially useful land. (d) The adoption and carrying out of the Amendment to the Redevelopment Plan is economically sound and feasible. This finding is based in part on the fact that under the Amendment to the Redevelopment Plan no public redevelopment activity will be 1 - 4- undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity; the Agency's Report to the City Council further discusses and demonstrates the economic soundness and feasibility of the Amendment to the Redevelopment Plan and undertakings pursuant thereto. Additionally; this finding is based upon the evidence contained in the Report to the City Council that the Project will generate sufficient revenue to finance a comprehensive redevelopment program. (e) The City Council finds, based upon their knowledge of the Added Area and the Report to the City Council that significant blight remains in the project area and that the blight cannot be eliminated without the proposed additional tax increment. (f) The Amendment to the Redevelopment Plan conforms to the General Plan, including, but not limited to, the Housing Element which substantially complies with the requirement of California Government Code Section 65580. This finding is based in part on the finding of the Planning Commission that the Amendment to the Redevelopment Plan conforms to the General Plan. (f) The carrying out of the Amendment to the Redevelopment Plan will promote the public peace, .health, safety and welfare of the City of Azusa and will effectuate the purposes and policies of the CRL. This finding is based on the fact that redevelopment will benefit the Added Area and the community by correcting conditions of blight and by coordinating public and private actions to stimulate development, contribute toward needed public improvements and improve the economic, and physical conditions of the Added Area and the community. (g) The Agency has a feasible method for the relocation of families and persons displaced from the Added Area. The City Council and the Agency recognize that the provisions of Sections 7260 to 7276 of the California Government Code would be applicable to any relocation that would occur due to the implementation by the Agency of the Amendment to the Redevelopment Plan. The City Council finds and determines that the provision of relocation assistance according to law constitutes a feasible method for relocation. (h) There shall be provided, within the Added Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of any families and persons who might be displaced from the Added Area, decent, safe and sanitary dwellings equal in number to the number of and available to the displaced families and persons, and reasonably accessible to their places of employment. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to CRL Sections 3341 1 and 3341 1 . 1 . Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to CRL Sections 33334.5, 33413, and 33413.5. This finding is based upon the Rules and Regulations for Implementation of the California Relocation Assistance Law and Real Property Acquisition Guidelines, which was previously 5- I adopted by the Agency and is extended to the Added Area as the relocation method for the Added Area pursuant to Azusa Redevelopment Agency resolution, and the Housing Element of the General Plan. (i) The elimination of blight and the redevelopment of the Added Area would not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based in part upon the existence of blighting influences in the Added Area, including, without limitation, the demonstrated lack of private sector ability to redevelop properties in the Added Area, structural deficiencies and other indications of blight more fully enumerated in the Agency's Report to the City Council, and the infeasibility due to cost of requiring individuals (by means of assessments or otherwise) to eradicate or significantly alleviate existing deficiencies in properties and facilities and the inability and inadequacy of other governmental programs and financing mechanisms to eliminate the blighting conditions. (i) The Amendment to the Redevelopment Plan contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the Amendment to the Redevelopment Plan, and it provides for the retention of controls and the establishment of restrictions and covenants running with the land sold or leased for private use for periods of time and under conditions specified in the Amendment to the Redevelopment Plan, which the City Council deems necessary to effectuate the purposes of the CRL. (j) The time limitations and financial limitations established for the Added Area are reasonably related to the projects proposed in the Amendment to the Redevelopment Plan and to the ability of the Agency to eliminate blight within the Added Area. (k) All non-contiguous areas of the Added Area are either blighted or necessary for effective redevelopment, and are not included for the purpose of obtaining the allocation of taxes from the non-contiguous areas pursuant to Section 33670 without other substantial justification for their inclusion. Said justification and documentation of blighting conditions is contained in the Report to the City Council (1) All areas of the Added Area are blighted, are an integral part of an otherwise blighted area, or are necessary for effective redevelopment, and are not included for the sole purpose of obtaining the allocation of taxes from the Added Area pursuant to CRL Section 33670 without other substantial. justification for their inclusion. This finding, is based in part upon the fact that, following careful study documented in the Report to the City Council, the Project Area was identified as an area within the City suffering conditions of physical and economic blight. (m) The condemnation of real property is necessary to the execution of the Amendment and adequate provisions have been made for payment for property to be ' acquired as provided by law. This finding is based in part on the inclusion within the _ 6 _ f Plan of the Agency's program to acquire real property by eminent domain pursuant to CRL Section 33342.5. (n) The implementation of the Amendment will improve or alleviate the physical and economic conditions of blight in the Project Area as described in the Report to the City Council. Section 3: The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Added Area, if any, are displaced, and that pending the development of such permanent facilities, there will be available to any such displaced occupants temporary housing facilities at rents comparable to those in the City at the time of their displacement. Section 4: The City Council has heard and considered all oral and written objections to the Amendment to the Redevelopment Plan, has evaluated the Report to the City Council, the report of the Agency, and all evidence and testimony for and against the adoption of the Amendment to the Redevelopment Plan. The City Council has responded in writing to all written objections received before or at the noticed hearing and all written objections have been overruled. Section 5: That certain document entitled "Amended And Restated Redevelopment Plan For The Merged Central Business District And West End Redevelopment Project" the maps contained therein and such other reports as are incorporated therein by reference, a copy of which is on file in the Office of the City Clerk, having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and made a part hereof. The Amendment to the Redevelopment Plan is hereby designated, approved and adopted as the official "Amended And Restated Redevelopment Plan For The Merged Central Business District And West End Redevelopment Project." Section 6: In order to implement and facilitate the effectuation of the Amendment to the Redevelopment Plan as hereby approved, the City Council hereby (a) pledges its cooperation in helping to carry out the Amendment to the Redevelopment Plan, (b) requests the various officials, departments, boards and agencies of the City of Azusa having administrative responsibilities in the Added Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment of the Added Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Amendment to the Redevelopment Plan, and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the City of Azusa under the provisions of the Amendment to the Redevelopment Plan. Section 7: The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Amendment to the Redevelopment Plan. - 7 . Section 8: The City Clerk is hereby directed to record with the County Recorder of Los Angeles County a description of the land within the Added Area and a statement that proceedings for the redevelopment of the Added Area have been instituted under the CRL. Section 9: The City Clerk is hereby directed to transmit a copy of the description and statement recorded pursuant to Section 8 of this Ordinance, a copy of this Ordinance and a map or plat indicating the boundaries of the Added Area, to the auditor and tax assessor of Los Angeles County, to the governing body of each of the taxing agencies which receives taxes from property in the Added Area and to the . State-Board of Equalization. Section 10: The City of Azusa Building Department is hereby directed for a { period of two (2) years after the effective date of this Ordinance to advise all applicants for building permits within the Added Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment project area. Section 11 : This Ordinance shall be in full force and effect thirty (30) days from and after the date of final passage. Section 12: If any part of this Ordinance or the Amendment to the Redevelopment Plan which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Amendment to the Redevelopment Plan, and the City Council hereby declares it would have passed the remainder of this Ordinance or approved the remainder of the Amendment to the Redevelopment Plan if such invalid portion thereof had been deleted. Section 13: This Ordinance shall be introduced at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. The full text of this Ordinance shall be published and/or be posted as required by law in accordance with Government Code Section 36933. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Azusa this day of , 2008. Mayor, City of Azusa 1 Attest: City Clerk Approved as to form: Best Best & Krieger, LLP City Attorney I, City Clerk of the City of Azusa do hereby certify that the foregoing Ordinance No. was duly and regularly adopted by the City Council at a regular meeting thereof, held on the _ day of 2008, by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: City Clerk - 9 - - I �µ �r. . IOINT CITY/AGENCY AGENDA ITEM TO: THE HONORABLE MAYOR AND COUNCIL MEMBERS/CHAIRPERSON AND AGENCY MEMBERS k i FROM: JAMES MAKSHANOFF, ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER/EXECUTIVE DIRECTOR �G/� DATE: JUNE 16, 2008 SUBJECT: CONSIDERATION OF ADOPTION OF A REDEVELOPMENT PLAN AMENDMENT FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT, CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT, AND OTHER RELATED ACTIONS RECOMMENDATION 4 + It is recommended that: 1 . The City Council accept copies of the objection letters and the responses prepared by the Redevelopment Agency, attached as Exhibit 1 . 2. The City Council adopt the Resolution, attached as Exhibit 2, Approving and Adopting Written Responses and Findings to Written Objections to the Proposed Amendment to the Redevelopment Plan for the Project Area. 3. The Agency Board adopt the Resolution, attached as Exhibit 3, certifying the final Environmental Impact Report (EIR) for the Plan Amendment. 4. The City Council adopt the Resolution, attached as Exhibit 4, certifying the final Environmental Impact Report (EIR) for the Plan Amendment. 5. 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 Amendment from the Added Area, and electing to receive any increases in tax increment 1 resulting from increases in the rate of tax imposed on behalf of the City in the Project Area. j 6. 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 f 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 16, 2008 Page 2 of 6 to the Project Area. 7. 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. 8. The Agency Board adopt the Resolution, attached as Exhibit 8, approving owner participation rules, and extending the rules and regulations for relocation and real property acquisition guidelines to the proposed Plan Amendment. 9. 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 ,I Wh 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 22, 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. 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 The Honorable Mayor And Council Members/Chairperson And Agency Members 1 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 16, 2008 Page 3 of 6 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. I j 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; F Authorize the use of eminent domain in the Added Area, excluding lawfully occupied t 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 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 r 1 The Honorable Mayor And Council MembersiChairperson 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 16. 2008 Page 4 of 6 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 8"' Amendment and this 14"' 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. 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 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 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 16, 2008 Page 5 of 6 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 I 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 f extend the Owner Participation Rules and Rules and Regulations for Relocation and Real Property j 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 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. i 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 16, 2008 Page 6 of 6 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 for the June 2, 2008 Council/Agency meeting. 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. On June 2, 2008, the City Council opened the public hearing and received all oral and written evidence offered on the proposed Plan Amendment. After receiving testimony and written objections, the public hearing was closed. Because written objections were received, the matter was continued to June 16, 2008, consistent with Health and Safety Code sections 33363 and 33364, to provide the Agency with time to prepare written responses. CRL requires that if written objections are filed with the City Clerk 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. On June 2, 2008, the City Council and Redevelopment Agency undertook the following actions: I . The City Council and Redevelopment Agency adopted resolutions approving the Report to City Council. 2. Opened the Joint Public Hearing and verified the following with the City Cleric a. all notices as required by law have been given, and b. the City Council and Redevelopment Agency were given a complete file of exhibits, correspondence and other documents. 3. Public Testimony and written communications on this matter were received. 4. Closed the Joint Public Hearing and continued the item until the next regularly scheduled City Council and Redevelopment Agency meeting. The matter was continued to the June 16, 2008, City Council and Redevelopment Agency meeting. The resolutions and the Ordinance before the City Council and Agency Board are the final steps required to approve the proposed Plan Amendment. Agency staff requests that the Council and Agency consider the written responses prepared based upon the written objections received prior to and during the public hearing on June 2, and then proceed with consideration of the remaining actions necessary to complete the Plan Amendment process. FISCAL IMPACT There is no fiscal impact at this time pertaining to the Plan Amendment process. 1 i i. EXHIBIT 1 WRITTEN OBJECTION LETTERS AND WRITTEN RESPONSES i 7f�• •X AYBELL NURSERY A _A Your Garden Experts Since 1937 33498 Success Valley Dr., Porterville, CA 93257 559-359-2075 559-784-8283 fax June 2, 2008 Azusa City Council 213 E Foothill Blvd Azusa, CA 91702 RE: Merged Central Business District&West End Project Area Esteemed Councilmen: I object to the proposed amendment on the grounds of reverse discrimination, self-aggrandizement, and the lack of respect for the history of the City of Azusa. We here in the city of Porterville, CA are seeing the same things happen to our community. I wish to point out some things that have bothered the people of Portervilie but were ignored by the city council,that are now happening to you. The City Council and Azusa Redevelopment Agency have repeatedly exhibited reverse discrimination against the city's small businesses. As with other redevelopment projects, small businesses were the only entities to be displaced. No other type of entity has been affected by permanent displacement. Fact is, economic and location incentives have been extended to big businesses. Residents are offered return to even better accommodations with no change in financial outlay. On the other hand,small businesses have had their businesses interrupted, lost revenue,AND have been removed to less desirable locations. Under the guise of redevelopment, the director of your redevelopment agency, who,by his own omission, sees this project as his personal career"swan song',is leading you,the council, to help push out the loyal small businesses and residents that contribute to Azusa's schools, causes,and youth. Through sad experience the community of Porterville has learned that big businesses only contribute a very small and limited percentage of their profits to such causes. Local small businesses and their owners contribute time, money and personal support.Target won't allow youth with a cause to put on a car wash on their premises, but a local small business will. No big business, nor developer, sponsors a youth soccer team. Big businesses do not contribute a sense of community, nor inspire loyalty, nor longevity of community.They contribute money in limited amounts, and money is not everything. When people return to their hometown they revisit people and places that have meant things to them. As the city of Azusa is "redeveloped"the people are displaced, landmarks are removed and the city is turning into a place that they no longer recognize. Not all history needs to be remembered but there needs to be places, landmarks and legacies for people to remember and revisit. Without our history we jeopardize our future. This redevelopment project and it's amendments need to be for the good of the people of Azusa.The out-of-town developers and the big businesses are not the people of Azusa. All residents who live, work, and play in Azusa are who should benefit now, during and ultimately. Sincerely, Caroly � ayb I I� I i f i h 1t ll The Canyon City Gateway to the American Dream Economic and Community Development Phone Number (626) 812-5299 • Facsimile Number (626) 334-5464 E-Mail Address: rjara@ci.azusa.ca.us VIA CERTIFIED MAIL June 9, 2008 Ms. Carolyn Daybell 33498 Success Valley Dr. Porterville, CA 93257 SUBJECT: Objection Letter to the Proposed Plan Amendment Filed with the Redevelopment Agency of the City of Azusa on June 2, 2008 Dear Ms. Daybell: Thank you for expressing your views on Monday, June 2, 2008 regarding redevelopment. Your letter is concerned with any negative impacts that the Redevelopment Agency of the City of Azusa ("Agency") will have on its local businesses and in particular small businesses. The proposed amendment to the Redevelopment Plan ("Plan Amendment") for the Merged Central Business District and West End Project Area ("Merged Project Area") is being processed to positively impact businesses within the Merged Project Area and the 15.1 acres of territory that is proposed to be added ("Added Area") to the Merged Project Area. It is the Agency's goal to provide redevelopment assistance to property owners with exterior upgrades after the Added Area is included in the Merged Project Area. The Agency has implemented projects that would improve the aesthetics of business corridors for the benefit of small businesses. From 1997 to 1998, the Agency assisted with $1.9 million in streetscape improvements on Azusa Avenue, a major corridor with many small businesses within the Merged Project Area. These street improvements have greatly enhanced the business climate for small businesses in the .Merged Project Area and as a result, businesses have expanded and upgraded their properties. The Agency has worked cooperatively with local businesses on projects including but not limited to the following: • Revitalization of Block 37 along Azusa Avenue; • Improvements to the historic Talley Building; • Creation of a decorative pedestrian breezeway benefiting existing buildings and small businesses along Azusa Avenue; • Business expansion of La Tolteca restaurant, a long-time local family-owned Mexican restaurant along Azusa Avenue, which developed a new larger restaurant along Azusa Avenue; • New construction of a dental building with long-time local property owner, Dr. Reyes, along 213 East Foothill Boulevard • Azusa, California 91702-1395 Page 2 of 2 June 9, 2008 Ms. Carolyn Daybell Re: Objection Letter to the Proposed Plan Amendment Filed with the Redevelopment Agency of the City of Azusa on June 2, 2008 Azusa Avenue; • Relocation and expansion of Max's Cuisine, a restaurant; • Tenant improvement assistance to Quality Material Handling, a small business in the Merged Project Area; and • Expansion/development of Morris National Inc. "Very Special Chocolates" facility a long-time business in the Merged Project Area. i 'rhe Agency Board instructed staff to conduct an extensive outreach effort to the business community and residents to keep them informed throughout entire process for the Plan Amendment. The effort involved three community information meetings and extensive consultation with local school districts and public agencies. The Agency intends to continue working with small businesses within the Merged Project Area to improve their properties and increase their business operations, and to implement activities and projects that will benefit local businesses. Your concerns are noted and your objection letter will be retained on file with the Agency. Sincerely 717i James Makshano Assistant City Manager I WADI la `N:\Plan Amendment 2007 Re-Inldadon\Response_Oble¢ionl.cr MSDaybell.doc { f { 1 5/7/2008 To Azusa Redevelopment Agency My name is Thomas kang and I am a owner of the property located at 303-321 Azusa Ave I am wrting this letter to object to the added area redevelopment plans for this business area. My main objection and disagreement with your assessment that is your agency willing to address my area as a blighting condition. My building (strip center) is not in status of financially and physically blighted or blighting condition. If my property is in that condition, I believe all other Azusa area is in same condition.. All of my tenants are doing good businesses and successful, some of those tenants are running good business over 25years at that location and my building property value is over 3 million dollar appraised. Including "In and Out" burger, church, all the businesses around this building are thriving. I don't know the reason you are trying to incorrectly label this area as a blighting.. For the few private property developers wonting in conjunction with development agencies for their own benefits; to develop the kind of multi-use and high rise condos, which finally resulted in high cost of living for the people because of high rent of stores, apartments. Why punish the pioneers who have stood by and believed in this area for the past several decades and built their livelihood around business that they are proud of and that are finically abundant. I will appreciate you review my objection. Sincerely, i n s Kang a t,9. C�CFrn7 gz-vi "R. the Canyon City—Gateway to the American Dream Economic and Community Development Phone Number (626) 812-5299 • Facsimile Number (626) 334-5464 E-Mail Address: riara ci.azusa.ca.us June 9, 2008 VIA CERTIFIED MAIL Mr. Thomas Kang 400 W. Ocean Blvd., #1203 Long Beach, CA 90802 Subject: Objection Letter to the Proposed Plan Amendment Filed with the Redevelopment Agency of the City of Azusa on May 7, 2008 Dear Mr. Kang: i 1 It was a pleasure to meet with you on Wednesday, May 7, 2008 and Monday, June 2, 2008, to 'discuss your concerns regarding the proposed Plan Amendment for the Merged Central Business District and West End Project Area ("Merged Project Area"). After the meeting on Wednesday, May 7, 2008, you delivered an objection letter to Agency staff. In your objection letter you do not agree with the Agency's determination that your property or the adjacent properties be included in the proposed Added Area for the Redevelopment Plan Amendment for the Merged Project Area. The following is a response to your objection. Your property and surrounding properties were identified as properties to be included in the proposed Added Area in the Plan Amendment for the Merged Project Area based on field surveys ,and blight research conducted for the Plan Amendment. Your property is necessary for effective :redevelopment and there exists a prevalence of blighting conditions in the Added Area. The (evidence of blight and blighting influences are detailed in the Report to the City Council dated June 2, 2008, on pages B-6, B-34 to B-47. Specifically, in the area surrounding your property there was evidence of deteriorated and dilapidated exterior building materials present on buildings in this portion of the Added Area. The portion of the Added Area in which your property is located is being included in the Added Area because of the Agency's desire to assist in the revitalization of properties along Azusa Avenue south of the 1-210 freeway. It is the Agency's goal to provide redevelopment assistance to property owners with exterior upgrades after the Added Area is included in the Merged Project Area-, and to make public improvements to this gateway to downtown Azusa. Of particular note for the properties included in the southern portion of the Added Area where your property is located is a leaking underground fuel tank at the northwest corner of Paramount Street and Azusa Avenue. This property has been cited by the Environmental Protection Agency for a leaking underground fuel tank and the Agency is concerned about underground contamination that often spreads in a southerly direction to adjacent properties such as your property. If your property 213 East Foothill Boulevard • Azusa, California 91702-1395 Page 2 of 2 June 9, 2008 Mr. Thomas Kang Re: Objection Letter to the Proposed Plan Amendment Filed with the Redevelopment Agency of the City of Azusa on May 7, 2008 experiences any contamination from the gas station to the north, the inclusion of your property in the Added Area would provide the Agency the financial tools to effectuate potential ground contamination cleanup. Sincerely, /amos Mals off Assistant Ci Manager 7m:Riycs W TlIa Amendment 2007 Re-Initlatlon\Response ObiectionLrt MrK,ngdoc ,sJ i/S CHURCH FURNITURE , ;2 MOM ,_ I D•5�fe151f4lnnllNnl'llllvl5 - Pp15.uxin04e Pnnic•e0.WT09•rats Wilomb 9nr3 CRAFTSMANSHIP IN SOLID LUMBER SINCE•1946 FACTORY PHONES: 626 334 5252 800 334 7611 FAX 626 334 8277 One word desmbes our Pews-SOLID GREGORY S LAMBRECHT-VICE PRESIDENT-SALES - 6265333406 MASTER CRAFTSMAN GRISELDA NIETO ROGERS-MARKETING MANAGER-626 334 6225 JOHN A LAMBRECHT-PRESIDENT ALBERT SALCIDO-FACTORY REPRESENTATIVE Northern CaIrromia Once 408 239 0449 Page 4064064945 - CAROL JIAMBRECHT-CFO ENRIQUE(RICKY)SIORDIA-PRODUCTION MANAGER-6265333407- 6263347511 '(JGwur is our MOTTO,and our PLEDGE to use the finest cmftsmanship and materials to manufacture your furniture. WE OFFER FREE-INTERIOR DESIGN•SEATING PLAN•PROJECT CONSULTATION and COLOR COORDINATION ANUSA IRONWORKS-AZUSA means business-Everything from At,Z rn the'USA THE CITY OF AZUSA-CITY COUNCIL and REDEVELOPMENT AGENCY 7 DECEMBER 2007 PEARL HARBOR DAY 213 E FOOTHILL BL-PO BOX 1395 AZUSA CA 91702 AZUSA CITY CLERK I 231 E FOOTHILL BLVD ^• I AZUSA CA 917D2 o rJ c o cn We are in receipt of your RE DEVELOPMENT letters dated 16 NOV 7-received 20 NOV 7. D In it you warn, objections may be limited to only those issues...-raised at or prior to the meeting A n This is so filed. m During the WWII, Alex and Susan Lambrecht sent 3 sons into Military Service. cn :)o Their eldest son,Alex, a B-17 Flight Engineer was killed near Nuremberg in JUNE 1944. Their youngest son, Pete, a paratrooper,was killed near Gala Sicily on 10 JULY 1943. Their middle son, John served in North Africa,Sicily, Italy and France. Upon the death of Alex in 1944, John was withdrawn from combat- He was a"sole surviving son." He had been awarded 5 battle stars, a combat infantry badge with oak leaf cluster and the purple heart Andrew and Magna Thorson sent two sons into Military Service. Raymond and Vernon Leroy(Joe).. Raymond was killed in Southern Italy. Uncle Joe was on Captain Gallery's Aircraft Carrier, Guadalcanal,on 4 JUNE 1944 when that task group captured the German vessel U-505 near the Azores. It was the first enemy ship boarded during war time since the war of 1812. The Lambrecht and Thorson families sent 5 boys into service,two returned. John A Lambrecht Sr.and Vernon L t (Joe)Thorson. After the war, these two young men came to California to begin their lives. They joined Mom's Uncle, Berner Thorson,who had started Chapel Crafters in AZUSA in 1946_ I think Sharon Lewis's husband worked there too. Berner retired in the early 50's. In 1955, our family started Cardinal Church Furniture in Azusa with next to nothing. We bought and developed this land (while it was still in an unincorporated portion of LA County),we built and ran the business-without any government help or subsidy. The City never had to bribe us to stay by giving us any tax or infrastructure concessions. In hard times-we went without in order torem serve and grow the business. When we started,we had few tools and no equipment. We needed work benches. Dad noticed that a business neighbor had some palates stacked beside his building. Dad asked if he could have them. The man said "OK." So, Dad had me and my Brother, Greg, pull and straighten the nails. He took the lumber, sanded it down and crafted work benches I Dad died in 1977,the government charged us"Inheritance Tax" from those old palates and salvaged nails. When on those Work Benches. I "Eminent domain" runs against the grain of my personal philosophy and that of most Americans. None of us would get on a bus, nor fly in an airplane if the Driver or Pilot were under the influence of Alcohol or Drugs(prescription or otherwise no matter what the reason for the RX). This recent epidemic of Eminent Domain is the result of a 5-4 decision of the Supreme Court led by a Chief Justice who was taking a known hallucinogen to offset the extreme pain he was having- If none of us of a decision nullifying would the private ownership of literally in a bus or aircraft he was lng-why on earth would we e every property n the Country?allow him to lead in the malting He was WRONG rou sing the tool he handed out under the these in and out of government is the influence of a RX chemical stupor- During one of the recent workshops. Dad's former insurance man said to me, what I hate is the business owners who come to this City-suck the money out and live someplace else." I took offense to that and told him so. I lived much of my life here. I went to grade school here. I spend more time here than most Residents. Our manufacturing facility brings more to this community than it ever takes from Azusa. We sell very little in Azusa, so iwe take nothing from the community.nstall the furniture. Whate do bringhere and leave herey State Board of ,Equalization a DECENT PAYROLL- We also bring a strong sense of"good corporate citizenship"_ We donate to community and civic groups. Disney has nothing on us. Our baseball team were the League Champs lastyear. In 1970, 1 became founding member of the work experience program in the Charter Oak School District Azusa had no such program. Soon,our idea from Charter Oak came to Azusa. When it did,we trained Gladstone and . Azusa High's student pool as secretaries and workers. Over the years we have had many outstanding graduates come out of that ROP program. Kay Eyre went on to found his own cabinet manufacturing business in St.George Utah. Donny Houston works in Beverly Hills designing and installing exotic wood working for many stars,studios and notables. I'm especially proud of Nick Lanphier.. He founded'OAKWOOD INTERIORS'. Today, he has about 400 employees. If you have an Oak Bedroom Set,there's a fair chance Nikki made it Sylvia Franco started her own clothing manufacturing business. Many others who got started here went on to found their own businesses or contribute to society in other ways. Two young men are now Sheriffs Deputies. One young lady I'm especially proud of has her name at the top of this letter head. Griselda Nieto came to work here when she was 15 years old. She was born 1 OCT 72, two years after I came out of the service.. She's now 33 years old-and is the HEART BEAT of this Company.. Another young man I am very proud of is Enrique (Ricky)Siordia. He came to work here in 1992- He is 30. Ricky runs the plant How serious are we about giving back to this community? Deadly serious. This Company is in TRUST to these two precious young people,who began as ROP students,along with my daughter Katie. They will never have to buy it, nor pay us back. They will own and operate our Rental Properties and Cardinal Church Furniture-as long as you let them. One staff member said that part of the plan for the"West End"was to have business with more"synergy". I confess, I had to look that up. It turns out that we already have"synergy". We buy our lumber, polyurethane, stains, sealers and lacquers, our hardware, our insurance,office supplies,advertising, postal supplies,tools, machinery and equipment,tires,fuel,truck and auto parts, lunches and everything else we use in this and neighboring communities. We were S Y N E R G I Z E D and we didn't even know it That staff member also stated that the community wanted hi-tech"out there' High Tech? 1 know its hard for some people to believe that anything was done"BC"(before computers)-but- This manufacturing area's evolution was precipitated by the advent of Aero Jet Its founderwas Theo Von Karman. He was instrumental in founding(among other things) NATO's aeronautical research arm AGARD.., NASA's Jet Propulsion Lab and was head of the Caltech Aero Lab in Pasadena. Much of our area was based on the Aero Space industry. Those of us who were here at the time can never forget the static rocket motor tests which were performed here. Many buildings manufactured parts for the aero space industry-without fanfare. The work was and remains secret. Some remain to this day_ Optical Radiation-Mag Parts-Coast Plastics-Valley Forge-Norac-Reichold-and many others continue to manufacture VERY HIGH TECH products and components. r Much of this companies payroll stays and is invested in AZUSA. Six of our 20 or so employees own homes in Azusa. Nine others are residents.. Another staff member said the buildings along Irwindale were a"hodge podge." I didn't care for that comment any more that I did the previous accusation that our factory was a"blight'on this community. In these times of redevelopment for the sake of government and government employees(more retail-more taxes -out with the old [tax base]in with the new[tax base]it seems the"rules"we learned as to how to run our businesses have been completely rewritten. California has become one of the most hostile business environments in the country. We rank 4e. only ahead of Mississippi in"poor business environment" While much of California's manufacturing base is evacuating and escaping this hostile environment created by bureaucrats, I persevere in staying here. I believe-if we ship all our manufacturing jobs out of State or off shore,this country will be the worse for it Our American life style will not be sustained if we lose our ingenuity, manufacturing and mechanical edge. What allows Americans their wonderful leisurely lifestyle is THE INDUSTRIAL REVOLUTION. If not for that,we would all be tilling the soil,trying to feed ourselves. The Industrial Revolution modernized every aspect of American Life-beginning with Agriculture-on down to the mundane every day modem conveniences we all take for granted. Is manufacturing really important? I've seen estimates,as high as, 1 manufacturing job supporting 11 service jobs, no lower than 1 to 7. r Believe me, it is tempting to move part or all of our processes off shore-or out of State. But, I feel strongly that we must stay and stand for what we believe in. Manufacturing floats the boat Manufacturing is the economic engine of this COUNTRY. We can't all sell insurance and flip burgers for one another-and-we can't all work for government In 1998, Azusa celebrated the 10&anniversary of its incorporation. At that time, my family had been making Church Furniture in Azusa since 1945-54 of those 100 years_ During that celebration year,for the third time,we were faced with the threat of Condemnation-EMINENT DOMAIN under REDEVELOPMENT. We are now in our 59ffi year, and facing Condemnation-EMINENT DOMAIN under REDEVELOPMENT for the fourth time. Condemnation-EMINENT DOMAIN under REDEVELOPMENT,this evil thing, now-just as it did the last four times we've faced it-keeps me awake nights-makes me sick to my stomach and saddens me. The Re Development laws were supposed to have been written to help the EXISTING businesses and community. Sadly, that is not how they are used. All too often redevelopment is capriciously and arbitrarily used to toss out the old established businesses and bring in new businesses. Or,they are used to toss out older residences, r questionably defined as"blighted",to acquire property which will be rezoned as commercial-to make way for shopping centers. This is particularly irritating to me_ if someone's home is truly"blighted", the City should assist that resident to correct the blight by improving his or her property. Bull dozing an entire residential neighborhood to put in a shopping center-is simply wrong. If improving a"residential" neighborhood is important,then why aren't"blighted" residences improved or replaced with new residences? The City breaks my heart, it seems the"City"is telling us; all we have done and all we will do-isn't good enough not good enough for our own Ci . Business ownersioperators and business land lords are no different from home owners. When you first bought your home, you wondered how you would make the first payment A few years later,you wish you had bought ten of them.. At first,you struggle through the years to make the payments-after a while, the payment becomes more comfortable,even easy to make. Over time,the tax basis becomes relatively inexpensive. This relative lowering [ of buildings(or home)cost is the reward we should all be able to look forward to and expect for perseverance, long hard work, weathering all assaults of government and competition. We have EARNED and PAID FOR our businesses and business properties. We DESERVE to KEEP them. We DO NOT DESERVE to have our own City threaten to take our businesses or properties by EMINENT DOMAIN or any other means-for ANY REASON. Staff, last time as well as this time promises to protect our property rights. The letter we were sent this time, makes no mention of it, but last time, 1998 and July through September 2603,we were told,if we don't bring up certain issues during the public hearings,we automatically "waive our rights". We have seen verbal promises vaporize with the wind in the past. It grieves me to be in conflict or confrontation with my own City_ However, because of Rob Steel's previous warning-and-for our own protection, I reluctantly,regretfully and respectfully lime are all I can think of at this e, so I must reserve the right submit the issues listed on the following pages. Thes to bring up anything else in the future"SEEN OR UNFORESEEN"_ I have to go now-to do that which 1 do-furnish and adorn Churches_ I leave it to you, my City Council, to do that which you do, represent the people. I ask sincerely that you represent the people who are here now. The people who elected you and placed their trust in you. Please don't represent-ahead of us who are here now-the interests of people and business who aren't even here yet and won't come unless you the us down and"give" them our properties. Please protect us and preserve,for us now and our children in the future,that which we have worked so hard to create. None of us have time to do it over again. Please apply Re Development in the manner it was designed-to help existing businesses and existing residents. God bless each of you and your families_ May the Good Lord guide and be with you now and always. Sincerely and respectfully, The Lambrecht Family and Employees of CARDINAL CHURCH FURNITURE joL JOHN ANTHONY LAMBRECHT JR PRESIDENT CARDINAL CHURCH FURNITURE ISSUES We were not advised in any of the recent correspondence we received-but we know from previous experience the following; "The failure to file objections to the proposed exemptions during the public review period or at the Public Hearing may constitute a waiver of rights to object to the environmental determination at a later date." The Community Development Department's conclusion that"the project will not have a significant adverse effect on the environment and that no mitigation measures are needed.",seems to be a double standard on behalf of government How can it be concluded that no mitigation measures will be needed,when the City staff says they don't know what the project will be? if the e size of ne book. I grant such wailer and on behaes solf of myself and every otheuch as a door knob, it is rinterested party herebyquired to fifle an E.I.R. hmake thear required OBJECTION. o We have not currently been advised by the City, as required, but we know(from previous experience)that, "if you challenge any of these matters in court,you may be limited to raising only those issues that you,or someone else,raised at the Public Hearing or in a written correspondence delivered to the Redevelopment Agency at the above address at,or prior to,the Public Hearing." Because of the warning known, but not stated by the City, this time,we hereby "raise"the following"issues", r . i reserving our future right to"challenge any of these matters in court'and reserve these rights for anyone else in this city effected by this-Condemnation under EMINENT DOMAIN. We live in a wonderful Country with a precious Constitution listing our rights. In reality,these rights are only granted and guaranteed, if the People, Tenant or Property Owner aggressively defends them and presses their interests with the help of an extremely voracious and carnivorous attorney. If the CONSTITUTION defended itself, about half the Attorneys in the USA and the ACLU would be out of business. I wish it weren't So- 1 We don't consider Legal defense from our own City to be a"normal cost of doing business', If Azusa puts our property under Condemnation of Re Development,we must have legal representation of our own choice,we require the City of Azusa to pay ALL our legal expenses, including any expense incurred in educating me about my rights, attorneys fees, court costs and any other expenses seen or unforeseen,whether we prevail or not 2. Our Church Furniture business has,continuously, a 6 to 8 month lead time. We plan and work some jobs as much as 3 to 5 years ahead of construction. Church buildings are designed around the seating area, not the other way around. We can't have any down time. As I told Mr. Roy Bruckner at one of these two work shops, as well as the 1998 workshop,we'll expect to put the key in our door, close down and lock up,on Friday night(during our busy season, that'll be a Saturday night), then, put the key in the door where you move us, then open up,on the following Monday moming,with everything in place-good to go. 3. If you can't move our machinery in that time frame,you will have to set up an entire plant, provide new or like machinery capable of performing the same tasks in the same labodtime mode,and purchase the un moved J machinery. Or,work out some other equitable method by which we can continue in operation. 4. If we are moved to another City, since we don't have the negotiating skills or skills of liaison which our Azusa Staff possesses,Azusa will have to perform and/or pay for all required liaison with that City's or any other Government's,or department of Government's various agencies. Included but not limited to, in this,will be any and all licenses, permits,AQMD permits, all to be"grand fathered". If our licenses, permits,fees,AQMD permits, etc.are required to be upgraded to current standards,the City of Azusa will have to complete and pay for the required applications and pay costs in excess of current costs including increased annual costs(with any"cola's"). 5_ Azusa will need to move and insure all work in progress,completed work, inventory, machinery and equipment -right down to the last paper clip 6. If we are not"good to go",we'll need liquidated damages for every day we are down in order to offset our costs. T The City will have to pay our ongoing overhead, expenses and employees during any down time. 8. Our employees have a reasonable expectation of future employment and may be entitled to consideration. 111 We reserve any and all rights stated herein or other rights which they may be entitled to under law,statute or �} prescient,on their behalf. r 9. The Citywill also need to, indemnify, pay for any damage due our clients which any such delay may cause to I{ them 10. All loss of revenue during down time, because we are not able to bid or perform jobs during any down time will be the City's responsibility to compensate us for. 11. Other things which require full reimbursement are, replacement of all our advertising brochures,letter head, funds to notify the approximately 45,000 clients in our distribution area that we have moved,consideration for the fact that we have done extensive advertising in the past and that brochures and documentation now in the hands of clients will be obsolete(when they refer to previous correspondence now in their possession to contact us, how will they know we've been condemned and moved?) 12. If our phone numbers change the City will have to pay for a"foreign exchange"for those long-standing numbers in order to prevent loss of revenue from loss of contact 13. We must have the same manufacturing square footage-same property rights, manufacturing rights, painting rights, noise,and any other seen or unforeseen rights and privileges-same tax basis-same rent, same equity and MOST IMPORTANT of these,the same EXCELLENT LOCATION we have now. r 14. Our long-standing excellent LOCATION can't be overemphasized. We've been in Azusa since 1946.. We've been in this building since 1956. Just like walking through your own home in the dark,because we've been where we are for so long, many people can find their way to us by kinetic memory- The value of this irreplaceable asset must be determined and compensated for_ 15.. We'll expect additional consideration for the stress the City is placing on myself-my family and staff,the sleepless nights, the sentimental value of the property my family bought, developed and built buildings on, as well as any infliction bf emotional distress, intentional and negligent or not These are Buildings I helped to build,grew Buildingsup in and teamed my trade in. to my issue and I re erve the right to have everyth ngmade hoe whether those cons derations ed to and expect are leave seen or unforeeen trustees. 16. Our enterprise in AZUSA consists of two facets. The business and the income property. My retirement is indemnified by both the business and the income property. 1 have a reasonable expectation of retaining and continuing the income there from -and-my legal heirs and trustees have a reasonable expectation of acquiring this business and business property-as well as a reasonable expectation of continuation of the income and projected income there from, they may have the right to seek damages on their own behalf separately-we encourage them to explore that avenue. 17. There will be no exclusions, exceptions or catch 22's of any kind. If the City defaults on any promise it or any of its agents give, no matter if rescinded at a later date,we will seek compensative as well as punitive damages. 18. If I-or any of our staff-are to be consulted for experience and or advice u or gar dto the move,an and ao other eemployed to help make the move,and/or give technical advice regarding p set P Y questions,I/we expect to be paid at a rate commensurate with that which the City would pay a like experienced consultant, including but not limited to time invested by any of my staff or others,[including but not limited to attorneys,accountants, architects,designers,builders,electricians,wood shop mechanical specialists,blower system specialists,AQMD (or any other)consultants], for such work. 19. This facility constitutes two separate businesses. Both are licensed by the City of Azusa. The first is Cardinal Church Furniture Inc., the second is Lambrecht Brothers who own the properties and leases them to Cardinal Church Fumiture. The lease to Cardinal Church Furniture Incorporated is a long term agreement Cardinal Church Furniture Inc. has a reasonable expectation of continuing occupancy-and-The Lambrecht Family has a reasonable expectation of continued long term income from the properties. The values of these agreements are paramount and are to be considered in any settlement 20_ Unless and until all issues are satisfied, rights and privileges(including but not limited to permitting and licensing)are in place and the physical move is satisfactorily complete,Azusa's responsibility will considered to be incomplete. 21. We reserve the right to bring up anything else"SEEN OR UNFORESEEN"which impacts our lives, livelihood, business, business property and our future. 22. This paragraph added 26 AUG 03-presented to the City Council-Re Development Agency of Azusa 2 SEP 03 My Family has been manufacturing Church Furniture in AZUSA since 1946. We have occupied our property @ 243-245 S Irwindale (our first plant) 1955 and 1956 and our present plant @ 401-403-411 S Irwindale and 400- 402-410 S Motor since 1956. I grew up in these buildings. I have spent more time here than in any home I've had. These properties are in an excellent, irreplaceable location-they are maintained in good to excellent condition-and -they have a great deal of sentimental value to myself and my family,the value of which must be determined and compensated for in the event they are CONDEMNED by the City Government of Azusa Pardon my PASSION a but EMINENT DOMAIN JUST RAISE® ITS UGLY HEA® IN AZUSA G�R THE F -TR FIFTH TIME f The FIRST TIME - CAL-TRANS WIDENED IRWINDALE AVENUE Without an EIR or even the thought of asking the business community along Irwindale Ave., Cal-Trans widened Irwindale Avenue, taking away the tree lined boulevard and grass space in front of our buildings. Ever since, I've had to explain to every City Council member and every Planning Commissioner from Azusa that WE DID NOT"build our buildings close to the street", there was a LANDSCAPED (with trees) set back which the State simply TOOK. The SECOND TIME -"THE RAIDERS ARE (WERE-euTDiDNMCOMING" . AZUSA CENTENNIAL YEAR 1887-1987 In about 1986 - 1987, Xavier Hermosillo, the "PR" spokesman for Miller Brewing Co.was involved in a charity Golf Tournament, he was paired with an employee of the LA Raiders organization. Xavier had worked in concert with a consultant named Fred Light who had previously done work in Azusa - and was then working for Irwindale. The City Manager of Irwindale, Charley Martin, had previously worked for Azusa as well. At that time, it was common knowledge that At Davis wanted to move his Raiders out of LA-possibly back to Oakland. During the golf tournament, Xavier presented an idea to the Raiders Employee to have the Raiders move to Irwindale. Subsequently, Mr. Martin and/or Mr. Light contacted the Azusa City Council. Azusa Council members and City Officials had meetings with officials from the City of Irwindale without public notice. It seems these meetings violated every Democratic principle, surely, the Brown Act was violated. I IRWINDALE'S $10,000,000 NEGOTIATIONS WITH THE RAIDERS ARE NOW LEGENDARY. During those meetings, a plan developed. iThe gist of the plan was this: 1. Azusa's redevelopment department had no money. If 2. According to Irwindale, The INDUSTRIAL block along Irwindale, between 1st and Gladstone was i 'The gateway to Irwindale" -and -"was a blight on the City of Irwindale" 3. To correct this "blight", AZUSA (having no money)would, using Eminent Domain -in concert with Irwindale's redevelopment agency, condemn all the industrial properties in Azusa along Irwindale Ave., I `purchase"them at"fair market value"then"redevelop"the area. Anyone involved in Eminent Domain Proceedings knows that every Cities idea of"purchase @ fair market value" is a contradiction t in terms. j 4. What wasn't initially made public was the underlying plan. The joint AZUSA- IRWINDALE agency would condemn the properties, take possession-then- after they had the property, they would announce-"THE RAIDERS ARE COMING.' At which point they expected to increase by several fold the value of the property they condemned and confiscated using EMINENT DOMAIN_ The industrial area between First and Gladstone, along Irwindale Ave.was to become a "restaurant row"which would compliment the NEW RAIDERS STADIUM. 5. The only way for this plan to work was to keep the Raiders possible move to Irwindale quiet. FORTUNATELY, one of the council leaked the information. The cat was out of the bag. This manufacturing community was stunned. Irwindale labeled the area BLIGHTED, despite the fact that the business community along Irwindale Avenue in Azusa was 1 DO% occupied and is among the most productive manufacturing centers in California. Everything from Rockets and Armored Vehicle Parts, Aircraft Parts, Forges, Foundries, Transmissions, Chemicals, Chemical Waste Treatment, Steel Building Construction, Welding and Fabrication, Highly Technical Machining and Manufacturing and Extremely Technical Scientific Optics -even - Church Pews are manufactured there-in aged - but- well maintained buildings. Some buildings were new in the late '40's and 50's, others were build in the 60's, '70's and '80's. One was build in'00. In the '40's-'50's, the area was not in Azusa, it was in an unincorporated area of LA CO, it only had an Azusa address. Business and Building Owners FOUGHT THE CITY over Eminent Domain under Re Development. It is a good thing they did. What no one knew was the Raiders NEVER INTENDED to come to Irwindale. If the Business Community, in concert with the Residents of Azusa, had not brought this idea to a stand still, the properties along Irwindale Ave.would now be empty pads with weeds growing on them- still waiting for the Raiders to come -so the joint redevelopment agency of IRWINDALE-AZUSA could sell the property as Restaurant pads. This fight lasted from 1987 through 1990. It was painfully destructive and disruptive as well as demoralizing to the Business Community. At the time of this event in 1987 the City Council consisted of the following Members. COOK LATTA Mayor MOSES CRUZ CAMERENA The Business Community took it's plight to the Residents and Voters of the City of Azusa. There was an election soon after this information was made public. Two Council.Members and the Mayor came up for reelection. The Mayor had alerted the Community to"the plan." He was reelected. The two Council Members were ousted. Two years later,when the other two came up for reelection, they went too. The Mayor kept his seat for two more terms. All the while, Businesses and Residents continued to fight this threat of CONDEMNATION under EMINENT DOMAIN. When Mr. Moses left office, Steven Alexander was elected Mayor. Under his guidance, with the help of Council Members; Dianne Chignon, Dave Hardison, Tony Naranjo and Christina Madrid -the power of"eminent domain" under the Azusa redevelopment agency was deliberately and purposefully allowed to lapse. This FINALLY took the pressure off the business community. Later, as stated above, it was discovered that THE RAIDERS HAD NO INTENTION of EVER coming to Irwindale - despite the$10 million Irwindale paid to All Davis. In 1995, the City of Azusa rehired Rob Steel -the redevelopment director who was at the helm back in '87, he along with another City employee named Margaret Hall, brought EMINENT DOMAIN to the table again. FOR THE SECOND TIME, the Residents and Voters in concert with The Business Community of the City of Azusa rejected the idea by letting their feelings be known to this Council. In the end, Council Member Dave Hardison made a motion to let the issue lapse, it was seconded and passed unanimously. The threat of Eminent Domain died in Azusa for the second time. Azusa's Re Development Agency (The City Council Members)does not now have the power of Eminent Domain -and should not have it. It is not this Council which is to be feared_ Eminent Domain -if enacted -will live 12 years, possibly beyond the political life of these trusted Council Members. it could be used arbitrarily, capriciously and recklessly as it has in the past-to the detriment of the community. On 30 APRIL 2003-THE AZUSA BUSINESS COMMUNITY was noted by the City of Azusa that it is, r FOR THE THIRD TIME, facing the threat of CONDEMNATION and CONFISCATION under EMINENT DOMAIN. In '95 the Residents and Voters of the City of Azusa joined with the Business Community to fight off the threat of EMINENT DOMAIN - because the CITY had NOTIFIED ALL PROPERTY OWNERS, residential as well as commercial and industrial. In, 2003, the City has expertly avoided having to notify the Residents and Voters by"exempting" residential properties. This tactic leaves the Business Community on it's own to stop the reinstitution of Eminent Domain. This"exemption" of inclusion under"eminent domain" of"residential" properties is ambiguous. The Residents and Voters of Azusa should be WARNED. This"residential property exemption" DOES NOT unconditionally exclude their property_ The"AZUSA Redevelopment Agency" and the"AZUSA City Council" are the same 5 people. If a potential developer wanted a large tract of freeway close property- all they need to do is approach the City Council/Re Development Agency. = THEN — If the"Redevelopment Agency"wants your "exempted residential property"for any reason, they could very well take it under EMINENT DOMAIN. All they need to do is convene as the "City Council" make a "determination" that there"is a need" -then t "RE ZONE" your"Residential Property" to "Commercial." It IS just that simple. A perfect EXAMPLE of changing"residential"zoning to"commercial"is ongoing,at the present time,in West Covina. They are having volatile and hostile meetings with residential citizens who live between the 10 Freeway on the South,Workman on the North and Sunset on the West and Barranca an the East. West Covina intends to"rezone"the area as"commercial"- then condemn all this"residential"property and build a'shopping center"-because the City Council has made the determination that"there is a need." They will then convene as the"redevelopment agency'and threaten the residents with eminent domain proceedings. AZUSA should be grateful to it's business community for all it does in support of the City. One illustration of business support is the recent Proposition L-Utility Tax issue in Azusa. The Utility Tax in Azusa had been enacted by the City Council several years ago. The State Supreme Court made a determination that Taxes so imposed Eby City Councils without a Vote by the Electorate) may be unconstitutional- if it were challenged, the tax could have been thrown out. Therefore Azusa needed the authorization of the Voters to continue the tax. j What the City proposed to the Residents and Voters was not only an endorsement of the tax but a change in the tax rates. The Utility Tax was a uniform 5% for both residents and businesses. t The Residents and Voters were told, "If you Vote YES on Prop. L., we will lower your rate 20%, from 5%to 4% - and we will raise the Business Utility Tax 160% to from 5%to 8%. If you vote NO, it was I implied, the rates would stay @%5. What was NOT clearly stated is this; A NO VOTE meant the Utility Tax might, if challenged, have CEASED TO EXIST. The Business Community knew this but elected to stay mute and allow it to pass-shouldering the increased tax. Azusa Council Member Joe Rocha said "every one should pay their fair share". Joe, I respectfully submit-the Azusa Business Community is paying more than it's fare share. California has one of the most hostile business environments in the Nation. Manufacturers are moving out of California in record numbers.. Some move out of State, many move part or all of their operations off shore. When they leave, they take irreplaceable lobs and California's real tax base with them. California's hostile posture toward business is bad enough, but it is even more CRUEL when one's own a p 9 City forces it's Residents and Voters and Businesses to live under the capricious and arbitrary (and potentially reckless) threat of Eminent Domain. The point persons,for the redevelopment department, Mike Hennessy, Jose Amador and Lisa Brownfield were saying, "We don't intend to use EMINENT DOMAIN." In that case, why do they want and need it "EMINENT DOMAIN is just a Tool." R tool to violate private property rights. "EMINENT DOMAIN is a "last resort." Nonsense. It is the first and last thing they threaten during every negotiation meeting. "EMINENT DOMAIN takes a "LONG TIME" - "as much as a year.,,,, Nonsense again,in business a year is the tick of a clock. _ Giving the redevelopment department EMINENT DOMAIN, is akin to handing a loaded gun to an unarmed robber who enters your home or place of business. The Residents (Voters) of the City of Azusa should once again avoid PLACING their AZUSA BUSINESS COMMUNITY-as well as (potentially) THEIR OWN PROPERTY- UNDER THE THREAT OF CONDEMNATION and CONFISCATION -through the power of EMINENT DOMAIN by the redevelopment agency. The propert and property rights you protect may be your own. The business you save may be your own. The Job you save-may be your own. In-2003, AZUSA's redevelopment agency DID NOT have the power of EMINENT DOMAIN. Three of our PRESENT Council Members voted to KILL it twice in the past- for good reason-it is often abused - and it is impossible to stop. It took the incredible efforts of many people to achieve the goal of putting an end to Eminent Domain in Azusa. EMINENT DOMAIN was DEAD in AZUSA- and should have remain DEAD. I warned of this then. JOHN A LAMBRECHT JR PO BOX 789 AZUSA CA 91702 f e � t� r; The Canyon City—Gateway to the American Dream Economic and Community Development Phone Number (626) 812-5299 • Facsimile Number (626) 334-5464 E-Mail Address: riaragci.azusa.ca.us June 9, 2008 VIA CERTIFIED MAIL Mr. John A. Lambrecht, Jr. P.O. Box 789 Azusa, CA 91702 I Subject: Objection Letter to the Proposed Plan Amendment Received by the Redevelopment Agency of the City of Azusa on December 10, 2007 Dear Mr. Lambrecht, Jr.: hank you for expressing your views on Monday, June 2, 2008 regarding redevelopment. In your letter you express your concern with the Redevelopment Agency of the City of Azusa r("Agency") acquiring your property through the use of eminent domain. Your property has been located within the West End portion of the Merged Central Business District and West 'End Project Area ("Merged Project Area") since November 28, 1983. Your property does not have eminent authority and the Agency cannot acquire your property through the use of eminent domain. The proposed redevelopment plan amendment ("Plan Amendment") for the Merged Project IArea does not include re-instating eminent domain authority on your property. At this time, jthe Agency has no plans to acquire your property or implement any redevelopment activities that would affect your business. Your concerns are noted and your objection letter ,will be retained on file with the Agency. Sincerely, !James Malcshanoff Assistant City Manager Rmu W:\Plan Amendment 2007 Re-Initlatlon\Response_ObjectlonLrr CardinalFornlmre.tloc 213 East foothill Boulevard a Azusa, California 91702-1395 * *� y C .a AGENCY PUBLIC HEARING ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD FROM: KURT CHRISTIANSEN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F. M. DELACH, EXECUTIVE DIRECTOR' ' " DATE: JUNE 16, 2008 SUBJECT: MID-TERM REVIEW OF THE FIVE-YEAR (2005-2009) IMPLEMENTATION PLAN FOR THE CENTRAL BUSINESS DISTRICT, WEST END AND RANCH .CENTER REDEVELOPMENT PROJECT AREAS RECOMMENDATION It is recommended that, following the public hearing, the Agency Board adopt the Resolution approving the Mid-Term Review of the Five-Year (2005 — 2009) Implementation Plan for the Central Business District, West End and Ranch Center Redevelopment Project Areas ("Mid-Term Review") pursuant to Health and Safety Code Section 33490 of the California Community Paclevelopment Law ("CRL"). BACKGROUND On January 1, 1994, Assembly Bill 1290 (Stats. 1993, Chap. 942), known as the Community Redevelopment Law Reform Act of 1993,went into effect. AB 1290 requires redevelopment agencies to prepare and adopt an implementation plan every five years. The current five-year implementation plan for the Central Business District Project (the "CBD Project"), the West End Project and the Ranch Center Project was adopted by the Redevelopment Agency of the City of Azusa ("Agency'j in March 2006 for 2005 to 2009 and is the subject of this Mid-Term Review. The Mid-Term Review examines the redevelopment activities associated with CBD Project, West End Project, the Ranch Center Project and Housing Programs since the adoption of the Implementation Plan. More specifically, the Mid-Term Review discusses the actions of the Agency with respect to the various redevelopment programs and provides a measure of the progress the Agency has made toward achieving its goals. Redevelopment projects and programs that have been completed or are currently active are listed below by project area and by the Housing Program. CBD Project I . Long Range Plans • Azusa Avenue Design Guidelines • Freeway Reader Board • Development of Downtown Ncrth with Transit-Oriented Uses Honorable Chairperson and Members of the Agency Board Re: Mid-Term Review of the Five-Year (2005-2009) Implementation Plan for the Central Business District,West End and Ranch Center Redevelopment Project Areas June 16, 2008 Page 2 of 5 o Dalton Properties— Redevelopment Site-Downtown North Phase I o Downtown North— Phase II 2. Improve Physically Obsolete Properties • Loans and Grants— Commercial Rehabilitation Loan and Fagade Grant Program • Pedestrian Breezeway from the Heritage Court parking lot to Azusa Avenue 3. Develop Agency Site and Assemble Key Sites • Agency Properties (Block 36)—Azusa Village Center • Ranch Market Retail Redevelopment Project • Retail Nexus at Corner of Azusa Avenue and Arrow Highway • Redevelopment of the Foothill Shopping Center • Development of Block 37 4. Improve Business Opportunities • Create Downtown Revitalization Program • Marketing Services to Owners and Tenants • Business Development Programs • Marketing Services Targeting Developers and Retail Businesses • Provide Technical Assistance • Azusa Pacific University Science Center 5. Construct Housing to Improve Commercial Demand • Construct Housing on Infill Parcels. West fnd Project I. Improve the Physical Character of Structures and Create More Efficient Development Sites • Tenth Street and Vernon Avenue . • 975 West Foothill Boulevard Honorable Chairperson and Members of the Agency Board Re: Mid-Term Review of the Five-Year (2005-2009) Implementation Plan for the Central Business District,West End and Ranch Center Redevelopment Project Areas June 16, 2008 Page 3 of 5 • Foothill Boulevard Car Wash • Shell Gas Station, Foothill Blvd. and Todd Avenue • Costco East Development Concept • Verizon Wireless Switching Facility • Kincaid Re-Use &Implementation Plan 2. Improve Business Climate by Retention/Attraction • Regular Visits to Azusa Businesses • Streamline Approval Process 3. Construct Essential Public Facilities • Construct Public Improvements-- Budget constraints have limited the Agency's ability to upgrade public improvements • Install Trees at Key Location -- areas that have been landscaped with trees is the Vernon Street, Foothill Freeway off-ramp Ranch Center Project The shopping center, which comprises this project area,was sold to Azusa Pacific University in August 2006, as a for-profit investment property. This has increased tax increment revenues to the Agency. Housing Programs I. Single-Family Housing Rehabilitation Program--the following table illustrates the number of grants and loans administered by the Agency during the review period, including the dollars amounts of these grants and loans. I Honorable Chairperson and Members of the Agency Board Re: Mid-Term Review of the Five-Year (2005-2009) Implementation Plan for the Central Business District,West End and Ranch Center Redevelopment Project Areas June 16, 2008 Page 4 of 5 STATUS OF SINGLE-FAMILY HOUSING REHABILITATION PROGRAM 1,3 Number of Grants and Loans� �y�� r ,�rk .., � ,., - ' `_ F ndmg source ." <Frscal Year *Dollar Amount � , •? 2004/2005 22 0 $88,030 CDBG Funds 0 3 $106,951 HOME Funds r2006-2007 5/2006 37 0 $ 149,208 CDBG Funds 1 0 $1,095 Housing Funds 24 0 $90,685 CDBG Funds 14 0 $72,384 Housing Funds 0 2 $60,000 HOME Funds July I - December 16 0 $ 48,567 CDBG Funds 31, 200 2. Senior Housing/Assisted Living-- The Agency proposes to develop a 20-unit assisted living complex for senior citizens. The Agency is exploring opportunities to purchase affordable housing covenants for senior housing in the Downtown North area. 3. Downpayment Assistance Program -- In October 2007, the Agency Board approved a Down Payment Assistance Program for low- and moderate-income households and first-time homebuyers. 4. First Time Homebuyer Programs--Staff facilitated several first-time homebuyer programs. 5. Specific Housing Projects-- 1)Arrow Highway Townhouses; 2)The Bates Company Town Homes (The Colony); 3)Azusa Avenue/Leton Townhouses (Azusa Court); 4)Trademark Townhomes (The Foothill Classics). 6. Inclusionary Housing Requirements -- The total number of units built or currently under construction during this review period is 149 units. The housing production requirement for these units equals nine units affordable to very low-income households and 13 units for low- and moderate-income households. However, based upon the calculation contained within the Implementation Plan,the Agency will have a credit of 82 units at the conclusion of this plan cycle and will not be required to produce any additional unit to maintain compliance with the inclusionary houshg requirements. Honorable Chairperson and Members of the Agency Board Re: Mid-Term Review of the Five-Year (2005-2009) Implementation Plan for the Central Business District,West End and Ranch Center Redevelopment Project Areas June 16, 2008 Page 5 of 5 NOTICE OF PUBLIC HEARING The Notice of Public Hearing was published in the Azusa Herald on May 15, May 22 and May 29, 2008 and posted in at least four permanent places within each of the three project areas. This report was available for public review on May 15, 2008. FISCAL IMPACT There is no fiscal impact at this time pertaining to the Mid-Term Review process. f Attachments: 1 1. Resolution Adopting the Mid-Term Review of the Five-Year Implementation Plan (2005-2009) 2. Mid-Term Review of the Five Year (2005-2009) Implementation Plan i RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ADOPTING THE MID-TERM REVIEW OF THE FIVE-YEAR IMPLEMENTATION PLAN (2005-2009) FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AND THE RANCH CENTER REDEVELOPMENT PROJECT WHEREAS, the Redevelopment Agency of the City of Azusa (the"Agency") is a duly constituted public body, corporate and politic, established pursuant to the Community Redevelopment Law of the State of California (Section 33000 et. seq. of the State Health and Safety Code) ("CRL"); and WHEREAS, pursuant to Article 16.5, Section 33490 of the CRL, the Agency shall adopt, after a public hearing, an implementation plan containing specific goals and objectives of the Agency, and the specific programs and expenditures proposed to be made during the next five years; and WHEREAS, the implementation plan shall explain and detail how the proposed goals and objectives, programs and expenditures will eliminate blight and implement the requirements of Sections 33334.2, 33334.4, 33334.6, and 33413 for each Project Area; and WHEREAS, the Agency adopted the 2005-2009 Five-Year Implementation Plan on March 6, 2006;and WHEREAS, pursuant to Article 16.5, Section 33490 of the CRL, the Redevelopment Agency shall conduct a public hearing no earlier than two years and no later than three years after the adoption of the implementation plan and hear testimony of all interested parties for the purpose of reviewing the redevelopment plans and corresponding implementation plan and evaluate the progress of the redevelopment projects; and WHEREAS, the Agency Board has held a public hearing and provided the opportunity for public input as so designated in Section 33490 of the CRL. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Azusa take the following actions: SECTION 1 . Adopt the Mid-Term Review of the Five-Year Implementation Plan (2005-2009). SECTION 2. Direct the Agency Secretary to certify the adoption of this resolution. W UWLEMENTATION PLAN REVIEW 2W0 MIDTERM REVIEW RES0=0N 061608.D 1 _ I PASSED, APPROVED AND ADOPTED this day of 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 { WVMPLEMENTATIONPLAN2 VIEW_3007WIDTERMREVIEWRESOLUTION 061608DOC 2 MIDTERM REVIEW FIVE YEAR (2005 - 2009) IMPLEMENTATION PLAN FOR THE CENTRAL BUSINESS DISTRICT, WEST END AND RANCH CENTER REDEVELOPMENT PROJECT AREAS I. BACKGROUND AND LEGISLATIVE REQUIREMENTS On January 1, 1994, Assembly Bill 1290 (Stats. 1993, Chap. 942), known as the Community Redevelopment Law Reform Act of 1993, went into effect. AB 1290 requires redevelopment agencies to prepare and adopt an implementation plan every five years. As the result of AB 1290, the Redevelopment Agency of the City of Azusa (the "Agency") adopted a five-year implementation plan for the Central Business District Project (the "CBD Project"), the West End Project and the Ranch Center Project. A second implementation plan was adopted by the Agency for FY 1999100 to 2003104. The current implementation plan was adopted in March 2006 for FY 2004105 to 2008109 and is the subject of this midterm review. Section 33490 of the California Redevelopment Law ("CRL"), which implements AB 1290, outlines the requirements of an implementation plan. These requirements are paraphrased here: • Identify specific redevelopment goals and objectives for the next five years; • Identify specific programs, projects and expenditures planned for the next five years; • Explain how the goals, objectives, programs, and expenditures will eliminate blight; and • Specify information about the Agency's affordable housing program, including plans for deposits to and expenditures from the twenty-percent tax increment set-aside fund and means to achieve the Agency's Project Area housing production obligations. Additionally, Section 33490 of the CRL requires redevelopment agencies to hold a public hearing in the third year of a five-year implementation period and hear testimony for the purpose of reviewing the implementation plan and evaluating the progress of the redevelopment project. This section of the CRL is presented here: "...(c) Every agency, at least once within the five-year term of the plan, shall conduct a public hearing and hear testimony of all interested parties for the purpose of reviewing the redevelopment plan and the corresponding implementation plan for each redevelopment project within the jurisdiction and evaluating the progress of the redevelopment project. The hearing required by this subdivision shall take place no earlier than two years and no later than three years after the adoption of the implementation plan. An agency may hold one hearing for two or more project areas if those project areas are included within the same implementation plan...... Since the current implementation plan for the CBD Project, the West End Project and Ranch Center Project is in its third year of existence, it is now time to conduct this midterm review. This report reviews redevelopment activities associated with the CBD Project, the West End Project and Ranch Center Project since July 2004. City of Azusa Five-Year Implementation Plan Midterm Review Page 1 II. REDEVELOPMENT PROJECT AREAS The Agency was activated by the City Council on May 7, 1973 to reverse a trend of declining economic activity and physical decay in the City's commercial areas. However, the Agency remained inactive until the first redevelopment project was adopted. The CBD Project was formally adopted five years later in 1978. In 1983, the Agency adopted the West End Project, and in 1988, the CBD Project and the West End Project were combined to create the Merged Project Area (the "Merged Project'). Subsequently, the Agency adopted the Ranch Center Project in 1989. The current five-year implementation plan adopted in 2006 ("Implementation Plan") provided a set of goals and objectives for the Agency to effectively address conditions of blight in the period of time from FY 2004/05 to FY 2008/09. The goals for the CBD Project are stated as follows: 1. To develop convenient commercial facilities, which offer residents a wide variety of goods and services. 2. To ensure an economically strong and balanced commercial sector of the community, promoting an accessible and attractive public meeting place. 3. To achieve strong investment and consumer support for the community's downtown commercial sector. 4. To revitalize the Central Business District. The Implementation Plan provides the following goals for the West End Project: 1. To encourage a strong and diversified industrial sector of the community while eliminating and preventing the spread of blight and deterioration. 2. To promote the development of a modern, attractive industrial sector that is environmentally compatible, increases industrial efficiency, and stimulates new private investment. 3. To increase employment opportunities. 4. To increase sales taxes and other public revenues. The Ranch Center Project was adopted to revitalize a severely dilapidated shopping center at one of Azusa's major commercial intersections. The property was occupied by a 60,000- square foot neighborhood shopping center that suffered from high vacancies and tenant turnovers. To redevelop it, the Agency entered into an Owner Participation Agreement with West Venture Development Company to demolish most of the existing improvements and construct an 85,000 square foot shopping center. The Agency relocated existing businesses and contributed $575,000 in land write-down assistance. The assistance was provided in the form of a sales tax note, which pledged future sales tax to the developer for the repayment of the debt. The note was paid off by the Agency at a discount in 1991 and the sales tax revenues were restored to the City's General Fund. In addition to the land write-down assistance, a $465,000 development loan was made to the developer. The Ranch Center Project is now complete. However, the Agency desires to maintain a competitive posture with regard to the Ranch Center and will provide technical assistance as required. City of Azusa Five-Year Implementation Plan Midterm Review Page 2 ._._.. I — i ° � t 1 t , -_.. .-54C(SeMadre Rve-- Ij ° 1! 1.: � I Ij r+/! ii Fnrnhlfl'�-. BI 0— 1 � Fo hltl e .. sS 0`R a .. . •A c i 4 _ - ° p 1 U I 0 11 8 First 63 + Ilya ; � y y 1� .. �t ��: t rgal., Patemo4ug Sve to ® •,Q 'I fiadstene'St - L'ts s_.nnr®:setra••ra w. Lea _ ` d� - Lq � Legend L. I. -- CitY Limits r i I 1 "1 _1 -- Centrat Business District71 —- west End ._.-_..1 e — —. Arrow Hwy - Exhibit A REDEVELOPMENT PROJECT AREAS City of Azusa Five-Year implementation Plan Midterm Review Page 3 To implement the goals for CBD Project and the West End Project, the Implementation Plan provided a specific list of projects/programs that the Agency and City intended to complete or offer during the five-year period. Table 1 below lists these specific programs and Table 2 lists the annual funds the Agency expected to spend implementing them: Table 1 PROJECTS, PROGRAMS AND EXPENDITURES -,, PROJECTS.AND PROGRAIVIS CBD PROJECT 1. Long Range Plans • Prepare Azusa Avenue Design Guidelines • Install street trees • Implement Gateway Strategy • Develop Downtown North with transit-oriented uses 2. Improve Physically Obsolete Properties • Provide loans/grants • Create pedestrian breezeway 3. Develop Agency Sites and Assemble Key Sites • Develop Agency properties(Block 36) • Manage& market Agency-owned properties • Create retail nexus at corner of Azusa Avenue and Arrow Highway • Redevelop the Foothill Shopping Center • Develop Block 37 4. Improve Business Opportunities • Create Downtown Revitalization Program • Provide marketing services to owners and tenants • Provide technical assistance 5. Construct Housing to Improve Commercial Demand • Construct housing on infill parcels WEST END PROJECT 1. Improve the Physical Character of Structures&Create More Efficient Development Sites • Provide loans/grants for property improvements • Kincaid Pit Re-use& Implementation Plan 2. Improve Business Climate by Retention/Attraction C • Regular visits to Azusa businesses • Streamline approval process 3. Construct Essential Public Facilities • Construct public improvements • Install trees at key location City of Azusa Five-Year Implementation Plan Midterm Review Page 4 Table 1 (Cont.) PROJECTS, PROGRAMS AND EXPENDITURES HOUSING PROGRAMS 1. Single-Family Housing Rehabilitation Program—Provide low interest loans,grants and rebates to low- and moderate-income households for the rehabilitation of owner occupied residences.' 2. Senior Housing/Assisted Living—Proposed development of a 20-unit assisted living complex for very low-income senior citizens. 3. Single-Family Affordable Townhomes—The development of 30 affordable townhomes during this implementation plan cycle and the first year of the 2009-2014 cycle. Source: Agency 2005-2009 Implementation Plan Table 2 ANNUAL EXPENDITURES 2004105 2005106 2006/07 2007108 2008/09 CBD ANO WEST END PROJECTS (MERGED PROJECT} t Redevelopment Project Funds(l) $523,621 $1,156,554 $24,759,526 $6,715,600 $17,462,890 ,.;•rsr`^ c -s .. ",;yam , - ,. HO.USING PROGRAMS Single-Family Housing Rehabilitation Program (25 units $ 2,300 0 $ 185,000 $ 185,000 $ 185,000 per year in years 2 through 5) Senior Housing/Assisted Living 0 0 0 0 0 (20 units) Single-Family Affordable 0 0 0 0 $ 700,000 Townhomes (30 units) Down Payment Assistance 0 0 0 0 $ 1,000,000 Program Source: Redevelopment Agency of the City of Azusa t'1 Costs associated with debt service payments and administration and operating expenses are not included. This report reviews redevelopment activities associated with the CBD Project, the West End Project, the Ranch Center Project and Housing Programs since the adoption of the Implementation Plan. More specifically, the report discusses the actions of the Agency with respect to the various programs listed in Table 1. This report is intended to provide a measure of the progress the Agency has made toward achieving its goals. City of Azusa Five-Year Implementation Plan Midterm Review Page 5 Redevelopment Administration 1. Economic and Community Development Director During FY 2005106, the new Economic and Community Development Director was hired to oversee the Planning, Building, Community Improvement, Business License, CDBG and Redevelopment Divisions. 2. Redevelopment Plan Amendments On October 2, 2006, the City Council of the City of Azusa (the "City Council") adopted Ordinance No. 06-011 approving the 11`h amendment to the CBD Project and the 51h amendment to the West End Project. These amendments provide the addition of eminent domain authority to specific commercial sites in the existing Merged Project Area. The City Council approved the 12'h amendment to the CBD Project and the 7th amendment to the West End Project on February 5, 2007 by adopting Ordinance No. 07-04. The purpose of these amendments was to extend the effectiveness date of each project by two years per Senate Bill 1096 (ERAF). On June 18, 2007, the City of adopted Ordinance No. 07-07 approving the 13th amendment to the.CBD Project and the 8'h amendment to the West End Project and adopted Ordinance No. 07-08 approving the 4'h amendment to the Ranch Center Project for the purpose of adopting an Eminent Domain Program and record a revised Statement of Proceeding in accordance with Senate Bill 53 and Senate Bill 1809. Finally, the Agency initiated the 2007 Plan Amendment of the Merged Project Area to add 15.1 acres of blighted properties, increase the tax increment cap and reinstate the Agency's eminent domain authority on two commercial properties. 3. 2005 Tax Allocation Bonds Tax allocation bonds in the amount of $9.02 million were issued to fund major redevelopment projects,including the Foothill Shopping Center rehabilitation/expansion and Block 36 downtown development. As part of the process, a thorough analysis of tax increment and pass-through agreements was conducted, resulting in identification of overpayments to Los Angeles County which were partially refunded back to the Agency and correction of the base year assessed valuations for the new Central Business District, Amendment 8, which was approved in FY 2003/04. 4. 2007 Tax Allocation Bonds The Agency authorized issuance of $20.57 million in taxable and non-taxable bonds for payoff of property acquisition loans and refunding the 1997 Tax Allocation Bonds. The bonds closed in July 2007. City of Azusa Five-Year Implementation Plan Midterm Review Page 6 CBD Project 1. Long Range Plans Prepare Azusa Avenue Design Guidelines: In 2004, the City completed an update to its General Plan and prepared a new development code to allow for more efficient, higher quality development of property throughout the City, including the Downtown core. Although a specific plan was originally planned for downtown, City staff decided to provide specific regulations for the downtown area with design guidelines to be completed at a future time. A parking survey to determine future parking needs for the Downtown area was completed and paid for with a CalTrans grant. Install Street Trees: In 1995 and 1996, the Agency planted trees on various lots throughout Downtown and significant "gateway locations" (210 Freeway). New trees were also planted in 1998 along Azusa Avenue as part of the Downtown public improvements program. In an effort to carry on the beautification of the entire municipality, the citywide tree program will be continued at various locations throughout the redevelopment project areas if funds become available for this purpose. No action has been taken during this implementation plan cycle. Implement Gateway Strategy: This project involves the beautification of entry points to the City, and will be implemented, as funding is made available. Beautification may involve various improvements including street trees (as mentioned above), landscaping, decorative structures, signage, etc. No action has been taken during this implementation plan cycle. Freeway Reader Board: The Agency contracted with a consultant to prepare a bid specification/RFP for the upgrade/marketing of the existing obsolete freeway reader board. The Agency Board selected Daktronics as the successful bidder for the design upgrade/marketing. The project is on hold pending CalTrans approval. Development of Downtown North with Transit-Oriented Uses: Develop that area in the vicinity of the future Downtown Metro Gold Line light rail station and the Civic Center. Development objectives are to attract new private sector reinvestment, attract national and retail uses, develop transit-oriented district uses in the vicinity of the future Gold Line station, and construct a new library. The Agency entered into an Exclusive Negotiation Agreement (ENA) with Watt-Genton Commercial. Properties (WGA) to create a strategic development plan and phased development program for the area generally bounded,by 9`" Street on the north, the Foothill Boulevard corridor on the south, San Gabriel Avenue on the west and Dalton Avenue on the east. A Memorandum of Understanding and Reimbursement Agreement were approved, two properties were acquired by the Agency for land assembly north of the Metro-Goldline and appraisals were conducted on several other properties. Property acquisition offers have been made for the Phase 11 portions of Downtown North and planning is under way for the area north of the Metro-Goldline. A Downtown North Advisory Committee (DNAC) was authorized by the City Council and members appointed by the City Manager. The DNAC was established to review development proposals for Downtown North and make recommendations to the City Manager. The DNAC, the City Council and Planning Commission took tours to review City of Azusa Five-Year Implementation Plan Midterm Review Page 7 I various mixed-use and residential projects in other Southern California cities and review various concept plans prepared by WGA. Staff is working on a project application for the Dalton Avenue properties and scheduled a Planning Commission public hearing in early 2008. The Dalton Phase was entitled on April 7, 2008. In addition, staff meets weekly to review development proposals and entitlement process. Dalton Properties — Redevelopment Site-Downtown North Phase I: This project is a Downtown redevelopment opportunity for mixed use, retail and residential development located within the boundaries of the Downtown North project and represents the first phase. The Agency/City closed escrow on properties located at 716 North Dalton Avenue, 726 North Dalton Avenue, 728 North Dalton Avenue and 303 East Foothill Boulevard. The Agency demolished the buildings, removed an underground tank and completed public hearings with the Planning Commission and the City Council for entitlement and development of the property. Downtown North — Phase II: The Agency has made offers to acquire non-residential properties north and south of the Metro-Goldline right-of-way and is working with the DNAC on land use plans for this site. 2. Improve Physically Obsolete Properties Provide Loans and Grants: Since July 1996, the Agency has actively marketed the Commercial Rehabilitation Loan and Facade Grant Program. A number of loans and grants have been made to businesses and property owners to rehabilitate commercial properties in the City's Downtown. The resulting improvements to these properties have contributed significantly towards addressing the problem of physically obsolete and unsafe buildings. In addition, the improvements have signaled to property owners and potential investors that the City of Azusa continues to be a partner in the revitalization of downtown Azusa. The Commercial Rehabilitation Loan and Facade Grant Program is capitalized using funds from the Community Development Block Grant Program, the City of Azusa Community Redevelopment Agency, and the City of Azusa Department of Light and Water. • The Agency Board approved a $25,000 fagade grant for Jakes Hot Dogs & Sausage. This project consists of the construction of an upscale walk-up hot dog and sausage business at 246 North Azusa Avenue. In October/November 2007, the Agency Board approved an $80,000 loan from the Economic Development Loan Program ("EDLP"). The new business opened in April 2008. • The La Tolteca Expansion project consists of the renovation of a former supermarket building for the expansion of the La Tolteca restaurant located at 429 North Azusa Avenue. The Agency provided financial assistance via a $25,000 fagade improvement grant. This expansion is now complete. The Agency is now working i with the owner to encourage a new restaurant to locate in the old space. Create Pedestrian Breezeway: The Downtown Azusa Vision and Positioning Strategy reaffirmed the creation of a passageway from the Heritage Court parking lot to Azusa Avenue. Section 108 funds were programmed to construct the passageway improvement. During FY 2005/06, WF Construction was selected to construct the breezeway. The project was completed in April 2007, and includes decorative sidewalks, fountains, outside furniture, tiling, public area, and landscaping. The Breezeway provides access from the Heritage City of Azusa Five-Year Implementation Plan Midterm Review Page 8 Court Parking Lot to Azusa Avenue businesses and has provided a major new quality amenity in the Downtown. 3. Develop Agency Sites and Assemble Key Sites Development of Agency Properties (Block 36)—Azusa Village Center: Block 36 is generally located at the southeast corner of Azusa Avenue and Foothill Boulevard. The Agency has acquired several properties along this block including 632, 634, 636, 638 and 640 N. Azusa Avenue, and 100-152 E. Foothill Boulevard. Although the Agency made an attempt to negotiate a mixed-use project in 2002, the negotiations were unsuccessful. The Agency selected a new developer in 2006. Lowe Enterprise was selected to redevelop Block 36 into a first-class mixed-use housing and retail development. Lowe Enterprises is a Los Angeles based national real estate development firm. The proposal consists of a 3-story building with 34,998 square feet of ground floor retail space, 66 condominium residential units on the upper floors, and a 315 space subterranean parking structure. In January 2007, the Agency approved a Disposition and Development Agreement (DDA) with Lowe. The last three properties necessary for the project were acquired, and the site demolished and abated. Sale of the assembled site to Lowe will be completed in 2008. In January 2008, construction began on the Block 36 Offsite Utilities Project which the Agency Board approved, and awarded the contract to BNB Engineering Inc. in the amount of $793,851 to relocate.utilities on the site. Manage & Market Agency-Owned Properties: Table 3 highlights the status of the Agency- owned properties as of December 31, 2007. Ranch Market Retail Redevelopment Project: This project entails the redevelopment of the site currently occupied by Ranch Market, Economy Auto and Community Garage for a Target Store. The location of this project is the block bounded by 9th Street on the north, Azusa Avenue on the east, MTA Metro Gold Line tracks on the south and San Gabriel Avenue on the west. The Agency acquired one large and two smaller properties for this development and has entered into settlement agreements with all tenants. In addition, the Agency Board approved a contract for the preparation of the environmental studies for the project and approved a contract for a traffic study for the proposed development of the site. .The CEQA studies are underway and staff meets on a bi-weekly bases with the Target team. In December 2007, Target submitted a development application to the City. Create Retail Nexus at Corner of Azusa Avenue and Arrow Highway: The northeast comer of Azusa Avenue and Arrow Highway was includedin the redevelopment plan by CBD Amendment #8, and is in the process of being annexed to the City. Formerly occupied by an unsafe former strip club building and currently a substandard furniture store, this key gateway site is designated for retail development. The northwest corner of Azusa Avenue and Arrow Highway is an underutilized site occupied by a blighted car wash, vacant land, a day care center, and an automotive repair facility. Staff is currently pursuing redevelopment opportunities on both of these key city gateway sites. City of Azusa Five-Year Implementation Plan Midterm Review Page 9 Table 3 LIST OF AGENCY OWNED PROPERTY AS OF DECEMBER 31, 2007 a� 4 -m��"7xu , VQ Property,1 Uof s i y Property Purchased prior to FY 2006/07 237 South Azusa/Chano's Acquisition CommerciaiNacant Land 444 North Azusa (5" &Azusa)/Rogers Vacant Land 600 North San Gabriel/Gallant Vacant/Parking Lot 604 North San Gabriel/Arenas Vacant/Parking Lot 614/620 North Azusa/Singleton Parking Lot North Azusa &North San Gabriel/Cunningham Median C8D-4 Site/1 12 Foothill-Marquis Commerciali'Vacant Land Block 36/Lowe CBD-4 Site/1 16 Foothill-Hernandez Commercial/Vacant Land Block 36/Lowe CBD-4 Site/628 Azusa-Canyon City Hotel CommercialiVacant Land Block 36/Lowe CBD-4 Site/630 Azusa-Blatt Commercial/Vacant Land Block 36/Lowe CBD-4 Site/634 Azusa-Delgado Commercial/Vacant Land Block 36/Lowe CBD-4 Site/636 Azusa-Allen Commercial/Vacant Land Block 36/Lowe CBD-4 Site/640 Azusa-Miller Commercial/Vacant Land Block 36/Lowe CBD-4 Site/638 Azusa-Padilla (1) Commercial/Vacant Land Block 36/Lowe 726 North Dalton Avenue ResidentialiVacant Land Downtown North 728 North Dalton Avenue Residential/Vacant Land Downtown North Property Purchased in FY 2006/07 303 East Foothill Boulevard Commercial/Florist Downtown North CBD-4 Site/100 East Foothill Boulevard Commerciall'Vacant Land Block 36/Lowe 805 North Dalton Avenue Commercial/Construction Office Downtown North 110-190 West Ninth Street Commercial/Shopping Center Target Store 809 North Azusa Avenue Commercial/Auto Repair Target Store 800-802 North San Gabriel Avenue Commercial/Auto Repair Target Store 975 West Foothill Boulevard Commercial/Restaurant Marketing Site Property Purchased 7/1107-12/31/07 152 East Foothill Boulevard/Parking Lot Only (BofA) Commercial Parking Lot Block 36/Lowe t ISI Property purchased with Federal Section 108 Loan funds and owned by the Redevelopment Agency City of Azusa Five-Year Implementation Plan Midterm Review Page 10 • The Agency entered into an ENA with Kendrew Development for a restaurant/retail project located at the northeast comer of Azusa Avenue and Arrow Highway. This site is located. within the unincorporated area of County of Los Angeles and the annexation process has been initiated. The Los Angeles County Board of Supervisors has approved the tax revenue resolution and LAFCO will hear the proposal in April 2008. • An appraisal was performed on the site located at the northwest comer of Azusa Avenue and Arrow Highway. Redevelopment of the Foothill Shopping Center: This project involves the redevelopment of the existing 23-acre Foothill Shopping Center located at the intersection of Alosta Avenue and Citrus Avenue. The shopping center will provide shopping opportunities and services for the residents of the City and the nearby student population of Azusa Pacific University and Citrus College. Staff amended the redevelopment plan in 2003 to -include the shopping center site in order to allow for the redevelopment of the site. The City/Agency entered into a Development Agreement with Trachman Indevco, a Los Angeles-based developer to redevelop the 23-acre Foothill Shopping Center built in the 1950's. The project includes rehabilitation and expansion of the shopping center and a 102- townhouse development. The developer is constructing the exterior remodel of the Regency Theater, Ross Store, 99 Cents Only Store, CVS and is implementing various demolition plans. Tesco Fresh & Easy Market entered into a lease with the developer to locate a store on the project site. The developer closed escrow with Watt Communities on the townhouse parcel and the residential pad demolition work has been initiated. Development Block 37: This project involves the redevelopment of the southwest comer of Azusa Avenue and Foothill Boulevard. Block 37 additionally involves the revitalization the entire odd-numbered 600 block of Azusa Avenue. • Construction of the Talley Building located at 619 North Azusa Avenue, a mixed-use historical building rehabilitation project that began during FY 2005/06, was completed in FY 2006/07. This project is comprised of new office spaces and a quality Italian restaurant that opened in March 2007. The Agency provided a $450,000 grant to the developer for construction and a $150,000 loan for tenant improvements. Additionally, a CDBG-funded EDLP loan of $70,000 was awarded the tenant. • The Dr. Reyes Building located at 613-615 North Azusa Avenue was completed. The owner/developer assisted with a redevelopment loan, completed construction of a state-of-the-art dental office and two loft apartments. • With redevelopment financial assistance in the form of a land write-down, the Cornerstone Plaza at Foothill Boulevard and Azusa Avenue was completed. The developer acquired the former obsolete furniture store and a new retail center, including a Starbucks, Subway, AT&T, and UPS Store, was constructed. • The proposed Arriaza project located at 609 North Azusa Avenue consists of a three-story, 14,000 square foot mixed use building with ground floor restaurant/retail, second story banquet facility and four (4) apartment units on the 3rd floor. City of Azusa Five-Year Implementation Plan Midterm Review Page 11 r - - Demolition of the site has been completed and the owner submitted building plans to the City in December 2007. The owner is currently negotiating a lease agreement with a prospective restaurant tenant. • The project located at the northwest corner of 6`h Street and Azusa Avenue consists of added fagade improvements and additional retail space. Staff contacted owner's representatives in late September 2007 and the owner has submitted preliminary concept plans to the City's Planning Division which have now been approved. • The former Smart City Grinds will be the new location for Max's Cuisine restaurant. An application for a Minor Use Permit was approved in March 2007 for this site. The Agency Board approved a $179,000 tenant improvement loan for Max's new Downtown restaurant and the owner submitted building plans for first and second plan check. Construction is underway, with an opening anticipated by June 2008. 4. Improve Business Opportunities Create Downtown Revitalization Program: The Downtown Revitalization Program for Azusa is modeled after the four-pronged approach used in the California Main Street Program. This approach focuses on organizational development, architectural and thematic design, promotion, and economic restructuring. The revitalization program involves the on-going and continuing participation of the Downtown Azusa Business Association (DABA) in partnership with City staff, downtown merchants and the community at large. The DABA is composed of merchants who have a desire to revive the Downtown area as a commercial, cultural, and social destination. An ad hoc committee of key community stakeholders was instrumental in creating the Downtown Vision and Positioning Strategy. The strategy provides a program for the marketing and leasing of the Downtown area. Marketing Services to Owners and Tenants: The Agency continues to work with property owners, and real estate brokers to market vacant and underutilized properties to potential tenants and businesses. The Agency has developed a website for broker, agents, and property owners to use in marketing their properties for sale or lease. • Sunrise Cafe -- Agency staff worked with the property owner to encourage the re- opening of this vacant building on Foothill Boulevard. T Burger has recently opened their restaurant in this space. Business Development Programs: The Agency provides financial assistance and partnerships with the DABA and the Chamber of Commerce, working to increase their participation and responsibilities. The Agency assisted moving the DABA from Block 36 to the City's Barnes House in the Civic Center Park. Marketing Services: The Agency participated in marketing efforts targeting developers and businesses by attending International Council of Shopping Center conventions, attending San Gabriel Valley Economic Partnership conferences, preparing two San Gabriel Valley Tribune advertisements highlighting Azusa and its current projects, and purchasing a specially designed marketing exhibit with graphics and lighting. Provide Technical Assistance: The Agency assembled a team of technical service providers and lenders to assist the businesses in the CBD. Technical service providers include Azusa Pacific University, Citrus College, the Chamber of Commerce, the Small Business Development Center, the U.S. Small Business Association, the Service Core of Retired Executives, and private financial institutions. The technical services team is currently inactive. City of Azusa Five-Year Implementation Plan Midterm Review Page 12 Azusa Pacific University Science Center: The Azusa Pacific University (APU) submitted an application and subsequently received full building permits to development a new 93,000 square foot Science Center. This is the first major new development under the APU Specific Plan. Construction is currently underway. 5. Construct Housing to Improve Commercial Demand Construct Housing on Infill Parcels: As part of the Agency's pursuit for affordable housing, opportunities will be identified for infill housing development and housing rehabilitation projects. Potential opportunities may include Atlantis Gardens (Lime Street), South Azusa Avenue infill residential sites, and other sites to be determined along Azusa Avenue and Foothill Boulevard. Additionally, the Agency will continue to entertain joint projects with other non-profit organizations to provide single-family infill housing projects throughout the City, with an emphasis in the redevelopment project areas. The Agency has worked as part of the Economic and Community Development Department to promote development of three infill residential projects which are under construction: Azusa Court (24 units on South Azusa Avenue); The Colony (Bates) (87 units on South Azusa Avenue); and The Foothill Classics (Trademark Townhomes) (14 units on West Foothill Boulevard). No financial assistance was needed from the Redevelopment Agency for these three projects. West End Project 1. Improve the Physical Character of Structures and Create More Efficient Development Sites Provide Loans/Grants for Property Improvements: The Agency provides property improvement loans to businesses on a case- by- case basis. The purpose of the loans is for the expansion and retention of businesses in order to preserve and create jobs for the residents of the City. No loans have been initiated during this review period. Tenth Street and Vernon Avenue: This site,,located at 850 West Tenth Street— southwest corner of Tenth Street and Vernon Avenue, provides potential redevelopment opportunities to relocate a Downtown auto repair and other businesses to Agency-owner property in the West End Project. The Agency staff contacted an auto-related and other businesses located in the Downtown North area, to determine interest in relocating to Tenth Street and Vernon Avenue. The City Council approved the sale/transfer of the properties from the City to the Agency. The Agency completed a parcel map, which was approved by the Planning Commission. The Agency and Economy Auto entered into escrow for the sale of a portion of the site. Escrow closed in April 2008. 975 West Foothill Boulevard: The site located at 975 West Foothill Boulevard was acquired by the Agency as a possible relocation site. The Agency completed a lot line adjustment in connection with the potential relocation. Foothill Boulevard Car Wash: Conversion of the former 99 Cent store into a full service car wash was recently completed and the facility is now in operation. This project represents new investment on Foothill Boulevard and the West End Project. Shell Gas Station: The reconstruction of the former blighted Texaco Gas Station into a modern Shell Gas Station was completed at the northeast corner of Todd Avenue and Foothill Boulevard. City of Azusa Five-Year Implementation Plan Midterm Review Page 13 r . r Costco East Development Concept: The Agency released a request for proposals for the preparation of a preliminary retail development concept for the industrially developed property east of the Costco Store. The project site is located on the south side of West Foothill Boulevard, immediately east of the Costco Store. The Agency reviewed three developer proposals and in July 2007 the Agency Board selected Newmark Merrill Development and directed staff to prepare an .ENA. Staff continued discussions with Newmark Merrill regarding the ENA issues during the months of August through November 2007. In December 2007, the Agency Board approved an ENA with Home Depot which is undertaking due diligence on the site. Verizon Wireless Switching Facility: Verizon Wireless Company is currently constructing a 42,000-square foot telecommunications switching facility at 930 North Vernon Avenue. Kincaid Re-Use & Implementation Plan: In conjunction with the City of Irwindale, the Agency helped prepare a use and implementation program for the development of the { Kincaid pit located adjacent to Costco. The work program and implementation schedule focused on retail/commercial uses and developer selection. The work program was completed and an RFP was issued by the City of Irwindale and the City of Azusa during FY 2005/06. While no developer was selected as a result of that RFP, marketing and the search for a developer is ongoing. 2. Improve Business Climate by Retention/Attraction Regular Visits to Azusa Businesses: The Agency periodically meets with businesses on an on-going basis, and provides technical assistance, distributes informational materials, and provides consultation on financial resources and incentives for industrial and other businesses. As needed the Agency is accompanied by members of the Chamber of Commerce, Azusa Unified School District and/or Downtown Business Association. Streamline Approval Process: In 1996 and 1997 brochures were produced to communicate, in simple terms, the various permitting processes for businesses. The brochures were updated in 2004 and are currently distributed at the public planning counter. An updated website and new informational material regarding the City's approval process was to be available during 2006. Staff is currently working on updating the website. The Agency also completed a new marketing brochure which is utilized regularly as part of its Economic Development Program. 3. Construct Essential Public Facilities Construct Public Improvements: Budget constraints have limited the Agency's ability to upgrade public improvements. Install Trees at Key Location: In an effort to carry on the beautification of the entire municipality, the Citywide tree program will be continued at various locations throughout the project area. Amongst the areas that have been landscaped with trees is the Vernon Street, Foothill Freeway off-ramp. City of Azusa Five-Year Implementation Plan Midterm Review Page 14 Ranch Center Project Staff continues to monitor the debt service requirements of the Ranch Center Project. The shopping center, which comprises this project area, was sold to Azusa Pacific University in August 2006, as a for-profit investment property. This has increased tax increment revenues to the Agency. Housing Programs 1. Single-Family Housing Rehabilitation Program The Agency will continue to implement its Single-Family Housing Rehabilitation Program as Housing Funds become available. The program provides low interest loans, grants, and rebates to low- and moderate-income households for the rehabilitation of owner occupied residences. The following Table 4 illustrates the number of grants and loans administered by the Agency during the review period, including the dollars amounts of these grants and loans. Table 4 STATUS OF SINGLE-FAMILY HOUSING REHABILITATION PROGRAM r Number;of Grants; '" "Mr ,I � " and Loans ; Dollar, Frscal Year a� Fun -,^+ i AmOUnt' .. . Loans 2004/2005 22 0 $ 88,030 CDBG Funds 0 3 $ 1.06,951 HOME Funds 2005/2006 37 0 $ 149,208 CDBG Funds 1 0 $ 1,095 Housing Funds 2006-2007 24 0 $ 90,685 CDBG Funds 14 0 $ 72,384 Housing Funds 0 2 $ 60,000 HOME Funds July 1 - 16 0 $ 48,567 CDBG Funds December 31, 2007 Source: The Redevelopment Agency of the City of Azusa 2. Senior Housing/Assisted Living The Agency proposes to develop a 20-unit assisted living complex for senior citizens. It is anticipated that the complex will be located outside the Project Areas and will be available City of Azusa Five-Year Implementation Plan Midterm Review Page 15 for very low-income senior citizens. The Agency is exploring opportunities to purchase affordable housing covenants for senior housing in the Downtown North area. 3. Single-Family Affordable Townhomes It is anticipated that a single-family project of 30 affordable townhomes will be developed by the Agency during the next implementation plan cycle. The project will be available for low- to moderate-income families. No action taken. 4. Downpayment Assistance Program In October 2007, the Agency Board approved a Down Payment Assistance Program for low- and moderate-income households and first-time homebuyers. In addition, the Agency approved a budget amendment for $655,000 to fund this program and the program guidelines. The Agency Board also authorized the Executive Director to enter into an MOU with Coldwell Banker David Steven Company, and any other qualified lender to prescreen and pre-approve program participants. 5. First Time Homebuyer Programs Staff facilitated several first time homebuyer programs including: 1) provision of silent second down payment assistance from Los Angeles County under the HOP Program, helping low-income households acquire an existing Azusa home; 2) County issuance of Mortgage Credit Certificates (MCC's) on behalf of the City of Azusa, to low-income Azusa home buyers, reducing the cost of owning a home (an MCC allows the homeowner to take a credit for either 10% or 20% of the interest paid, thereby increasing take-home pay and the amount they can effectively borrow); and 3) provision of financing under the ICLFA ACCESS and Cal Gold Programs, which fund second home loans for down payment and closing costs to home buyers. 6. Specific Housing Projects Arrow Highway Townhouses: Located in the CBD Project, this project proposes development of 27 townhomes on a site currently containing auto related uses. This project represents significant new investment for Arrow Highway Corridor. The Planning Commission approved the project and two plan checks have been completed. Staff met with the architect to encourage the developer to proceed with the project. The Developer informed staff in November 2007 that the project was on hold due to economic conditions. The Bates Company Town Homes (The Colonv)i This project entails the design review and Tentative Tract Map for an 87-unit townhome development in the South Azusa Corridor within the CBD Project. Rough grading has been completed and the building permit and sewer permit have been approved. The project is currently under construction. Azusa Avenue/Leton Townhouses (Azusa Court): This completed project consists of a 24- unit townhouse development located at 740 South Azusa Avenue within the CBD Project. Trademark Townhomes (The Foothill Classics) This project consists of the construction of a 14-unit townhome development that replaces a used car lot and five (5)former residential structures. This project is located at the southeast comer of Foothill Boulevard and Sunset Avenue within the CBD Project and is currently nearing completion. City of Azusa Five-Year Implementation Plan Midterm Review Page 16 III. ADDITIONAL HOUSING REQUIREMENTS Replacement Housing Requirements Redevelopment law requires that all housing units serving low and moderate-income households that are removed from a project area must be replaced within four years of their demolition. In August 2004, the Agency had prepared a Relocation Plan for the Dalton Properties Acquisition. The site consisted of four (4) housing units comprised of four (4) households that included three (3) tenants and one (1) owner. In accordance with the Relocation Plan the replacement housing needs for this site are one (1)two-bedroom unit and two (2)three- bedroom units for the tenants and one (1) two-bedroom unit for the owner. The following table indicates the property location, when relocation occurred and when replacement unit are required to be available. Table 5 RELOCATION PROPERTIES AND REPLACEMENT HOUSING REQUIREMENTS > , Date Replacement Property Location% ` Relocation Date r 4 °„a n,rx tJnLtRequiredl, 714 North Dalton Avenue July 1988 July 1992 716 North Dalton Avenue September 2002 September 2006 720 North Dalton Avenue September 2002 September 2006 726 North Dalton Avenue July 2005 July 2009 Source: Redevelopment Agency of the City of Azusa In addition to the four residential units, there were two affected business uses. One, located at 303 East Foothill Boulevard, was a small retail store tenant (approximately 1,125 square feet) that sold fresh flowers and offered a dry-cleaning pick-up service. This business was relocated in May 2007. The other business was an electrical contracting business located at 728 North Dalton Avenue in a 1,600-square foot building that was owned and occupied by the business owner. This business was relocated in October 2005. City of Azusa Five-Year Implementation Plan Midterm Review Page 17 Inclusionary Housing Requirements Redevelopment Law requires that a certain number of units built in the Project Area must be affordable to low- and moderate-income families. Specifically, 15% of the total number of units developed by an entity other than the Agency within the Project Area and 30% of units developed by the Agency, constructed and owned by the Agency regardless of location are required to be inclusionary. The Agency will incur additional housing production units based upon the specific housing projects built or currently under construction within the CBD Project. The total number of units built or currently under construction during this review period is 149 units. The housing production requirement for these units equals nine units affordable to very low-income households and 13 units for low- and moderate-income households. However, based upon the calculation contained within the Implementation Plan, the Agency will have a credit of.82 units at the conclusion of this plan cycle and will not be required to produce any additional unit to maintain compliance with the inclusionary housing requirements: Housing Units Sold Prior to Expiration of Affordability Covenants As stated in the Redevelopment Law, the Agency may permit sales of owner-occupied units prior to the expiration of the 45-year period for affordability. The Agency is required, within three years from the date of the sale of a unit, to expend funds to make affordable an equal number of units at the same income level as unit sold. During this review period, there have been eight additional units sold prior to the expiration of the affordability convenants. Assembly Bill 637- Statement of Awareness Assembly Bill 637, which became effective January 1, 2002, created additional housing requirements on redevelopment agencies. These changes are summarized as follows: (i) 20% set-aside funds must be spent in proportion to the community's need as defined in the community's approved Housing Element, (ii) replacement housing units must remain affordable for 45 years for ownership housing and 55 years for rental housing, and (iii) inclusionary housing must be affordable for 45 years for ownership housing and 55 years for rental housing. This implementation plan requires that Assembly Bill 637 be officially addressed. Under Redevelopment Law, the first time Deriod to implement the requirements for targeting of monies in the Housing Fund is on or before December 31 2014 and each ten years thereafter. Redevelopment agencies, beginning January 1, 2002, are now required to spend housing set-aside funds in proportion to the community's need as defined in the Housing Element. Azusa's Housing Element concluded that there is a need for 183 very low-income units, 135 low-income units, and 156 moderate-income units. As a result, under the new law the Agency must spend housing set-aside funds in the following proportions: City of Azusa Five-Year Implementation Plan Midterm Review Page 16 i Units Needed % Very Low Income 183 39% Low Income 135 28% Moderate Income 156 33% Total 474 100% Hence, the Agency must spend at least 39% of housing set-aside funds on housing affordable to very low-income households, and at least 28% of housing set-aside funds on low-income households. Additionally, the law states that the maximum proportion of funds that can be spent on senior citizen projects is equal to the percentage of the population above the age 65. The 2000 Census found that 7% of Azusa's population is above the age of 65. Under the new law, effective January 1, 2002, only 7% of housing set-aside funds may be spent on affordable senior housing. IV. PUBLIC HEARING NOTIFICATION REQUIREMENTS Notice of public hearings conducted pursuant to Redevelopment Law, shall be published pursuant to Section 6063 of the Government Code, mailed at least three weeks in advance to all persons and agencies that have requested notice, and posted in at least four permanent places within the project area for a period of three weeks. Publication, mailing, and posting shall be completed not less than 10 days prior to the date set for hearing. The Notice of Public Hearing was published in the Azusa Herald on May 15, 22 and 29, 2008 and posted in at least four permanent places within the three project areas on May 14, 2008. This report was available for public review on at the City Clerk's Office and at the Redevelopment Agency at 213 E. Foothill Boulevard, Azusa. In addition; the document was available at the Azusa City Library at 729 N. Dalton Avenue. V. RECOMMENDATION Staff recommends that the Agency receive testimony on progress of the CBD Project, the West End Project and the Ranch Center Project in compliance with Section 33490(c) of the California Health and Safety Code. City of Azusa Five-Year Implementation Plan Midterm Review Page 19 � J CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY i � REGULAR MEETING ' MONDAY,JUNE 2,2008— 10:39 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 CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 10:39 CncI/CRA P.M.TO CONSIDER THE FOLLOWING: convene Jntly JOINT PUBLIC HEARING - TO CONSIDER ADOPTION OF A REDEVELOPMENT PLAN Joint Pub Hrg AMENDMENT FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END Plan Amend REDEVELOPMENT PROJECT AND CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT. Director Hanks and Director Gonzales left the dais and abstained from participation in the Gonzales following item due to a conflict of Interest. Both were selected by random ballot not to Hanks participate in the Plan Amendment. Abstained I Director Carrillo offered a Resolution entitled: i A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA BOARD OF Res. 08-R22 DIRECTORS APPROVING THE REPORT TO THE CITY COUNCIL IN CONNECTION WITH THE Appvg rpt PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL To Cncl BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AND AUTHORIZING TRANSMITTAL OF THE REPORT TO THE CITY COUNCIL. Moved by Director Carrillo,seconded by Director Macias to waive further reading and adopt. Rt-solution passed and adopted by the following vote of the Board Members: AYES: DIRECTORS: CARRILLO, MACIAS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE ABSTAIN: DIRECTORS: GONZALES, HANKS Mayor Pro-Tem Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING FROM THE Res. 08-C45 REDEVELOPMENT AGENCY THE REPORT TO CITY COUNCIL IN CONNECTION WITH THE Accptng Rpt PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL From CRA BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA AND RELATED ENVIRONMENTAL IMPACT REPORT. I r r Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: CARRILLO,MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: GONZALES, HANKS Mr.Mike Garcia Consultant of Tierra West Advisors addressed the Joint Public Hearing stating M. Garcia that three community information meetings have been conducted and many meetings with Tierra West county offices regarding the Redevelopment Plan Amendment and two objection letters have Consultants been received and pursuant to the Health and Safety Code there is a need to open the joint public hearing,receive testimony and continue it to another meeting in order to acknowledge the objections submitted. The Mayor/Chairman declared the Public Hearing open. The City Clerk/Secretary Pub Hrg acknowledged that she had proof of publication of notice of said Hearing published in the Open Azusa Herald on May I,8, 15,and 22, 2008. Objection letters were received from Daybell Nursery and Thomas Kang. Ms. Carolyn Daybell, of Daybell Nursery, Porterville, California, addressed the Joint Public C. Daybell Hearing,objecting to the proposed amendment on the grounds of reverse discrimination,self- Comments aggrandizement, and the lack of respect for the history of the City of Azusa. She stated that small businesses will be displaced and lose revenues,while economic and location incentives are being extended to big businesses. Mr.Art Morales agreed with Ms. Daybell and advised of businesses lost to redevelopment in A.Morales the past. Comments Mr.Mike Lee expressed his opposition to eminent domain stating that it is like a dictatorship, M, Lee forcing people to move. Comments Moved by Mayor Pro-Tem/Director Carrillo,seconded by Councilmember/Director Macias and Hrg Closed and unanimously carried to close the Joint Public Hearing and continue it to the meeting of June Continued to 16, 2008. June 16'. It was consensus of Council/Board Member to recess at 10:55 p.m. The City Council and Recess Board Members reconvened at 10:58 p.m. COUNCIL TO RECESSED AND REDEVELOPMENT AGENCY TO CONTINUED Cncl Recessed AGENCY SCHEDULED ITEMS Agency Agnda CONSIDERATION OF A RESOLUTION OF NECESSITY AUTHORIZING USE OF EMINENT Reso of Nec DOMAIN AUTHORITY TO ACQUIRE, FOR REDEVELOPMENT,AN ADVERTISING BILLBOARD CBS Billboard LOCATED ON REAL PROPERTY OWNED BY THE AGENCYAT 809 NORTH AZUSAAVENUE. Mr. John Holloway of BBK presented the report on the property which is non-residential J. Holloway property and blight under the Health and Safety Code; the acquisition of the billboard is BBK Comments necessary in accordance with the Agency's land use goals to benefit the redevelopment area; the agency is still negotiating with CBS Viacom for the purchase; he responded to questions posed. Director Hanks offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AUTHORIZING Res. 08-R23 THE TAKING BY EMINENT DOMAIN OF THE ADVERTISING BILLBOARD LOCATED ON REAL Necessity PROPERTY OWNED BY THE AGENCY. Billboard Moved by Director Hanks,seconded by Director Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Board Members: AYES: DIRECTORS: GONZALES,CARRILLO,MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE 06/02/08 PAGE TWO i The CONSENT CALENDAR consisting of items G-I through G-3,was approved by motion of Consent Cal. Director Carrillo, seconded by Director Macias and unanimously carried. Director Macias approved requested that the City Treasurer be listed on any Tax Increment Report presented. i I. The minutes of the regular meeting of May 14, 2008, were approved as written. - Min approved 2. The Agency Treasurer's Report as of April 30, 2008 was received and filed. Treas Rpt 3. Resolution authorizing payment of warrants by the Agency was adopted and entitled: t A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY Of AZUSA ALLOWING Res. 08-1124 CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY Warrants FUNDS. SPECIAL CALL ITEMS Spec Call Items None. None i It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn 1 TIME OF ADJOURNMENT: 11:04 P.M. j SECRETARY I NEXT RESOLUTION NO. 08-11125. }4 I I 06/02/08 PAGE THREE - WARRANT REGISTER NO. 20 FISCAL YEAR 2007-08 WARRANTS DATED 05/01/08 THROUGH 05/15/08 �► A FOR REDEVELOPMENT AGENCY MEETING OF 06-16-08 RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as hereinafter set forth: 80-110-REDEVELOPMENT ADMINISTRATION FUND $ 4,322.17 80-125-CBD CAPITAL PROJECTS FUND 121,385.43 80-135-WED CAPITAL PROJECTS FUND 80-185-RANCH CAPITAL PROJECTS FUND 80-165-618-2005 TAX ALLOCATION BONDS FUND 81-155-TAX INCREMENT SET-ASIDE FUND 13,875.00 82-125-CBD DEBT SERVICE FUND 82-135-WED DEBT SERVICE FUND 82-185-RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $ 139.582.60 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. Chainnan 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 06/12/08 O P E N H O L D D B LISTING By Pesson/FYitity Nave Paqe 1 TiU, J[N 12, 2008, 11:32 PM ---req: FOSE-------1e3: GL JI,---loc: BI-TD3-I---job: 591991 W4820---p9m: C%3400 <1.34> rpt id: CHFLIR02 S= FUND CbJes: 80-82 ; Check Issue Utes: 050108-051508 PE ID PE Nage A03alqr NUVEER / JCB NUvEER J=1ce Nisrter Ee=pticn St Disc. ATt. Dist. Ant. V01305 PZLIS1 CTI'Y FID C 8000000000-3035 2610/0801010x�#$10/08 PD 0.00 216.25 V01305 AZUSA.CTIY FFD C 8000000000-3035 2610/0801110 010/08 SPBCIAL FD 0.00 38.93 PEIDUnpaid: 0.00 Paid: 255.18 Total: 255.18 V10604 AZUSA MILLtLB MAN 8000000000-3020 2618/0801010 PR#10/08 PD 0.00 30.00 PEID Urid: 0.00 Paid: 30.00 Total: 30.00 V10762 EUJT & ASSOC. I 8010125000-6325/505900-6325 966904 APPRSL-NEC AZ & FD 0.00 5,500.00 P= d: 0.00 P Paid: 5,500.00 Total: 5,500.00 V04281 CP.LdFUNIA RE= 8010110000-6509 18645 INVOICE 418645 C PD 0.00 32.48 V04281 CALIKENIA FST 8010110000-6509 18645 q-UPPIDU ASID HFN PD 0.00 7.58 Ma raiID d: 0.00 Paid: 40.06 Total: 40.06 V10782 C < FNV1R 8000000000-2745 040708 antracts Pbl/Co PD 0.00 3,543.70 PEIDUp�d: 0.00 Paid: 3,543.70 Total: 3,543.70 V06783 CITISIl2EEI' 8000000000-3010 2315/0801010 10/08 PD 0.00 90.00 VV006783 =Si= 8000000000-3010 1310/0801010 0%08 PD 08 PD 0.00 171.00 PEID Paid: 707.45 Total: 707.45 V00348 C HEALTH I 8000000000-3054 2435/0801010 PR#10/08 PD 0.00 19.25 City of Azusa HP 9000 06/12/08 O P E N H 0 L D D B LISTING By Fels Ehtity Nacre Paste 2 T-U, JLN 12, 2008, 11:32 PM ---req: MEE-------leg: GL JLr--loc: BI-'ISI---job: 591991 #J4820---pgn: CE400 <1.34> rpt id: CHMTR02 SE= FUD Ctdes: 80-82 ; chi- Issue Dates: 050108-051508 PE ID PE Nam AD= NUMBER / JOB NU4BER Invoice NuTb r Descriptim St Disc. Ate. Dist. Ate. PEID d: 0.00 d: 19.25 Tbtal: 19.25 V10115 DDN CCNI1RA= 8110155000-6650/505300-6650 041608 F MI L/1114N AZi1S PJ 0.00 5,875.00 d: 0.00 Paid: 5,875.00 Total: 5,875.00 V00331 FECERAL NU= 8010125000-6625/505800-6625 266805679 117052788/LAND A PD 0.00 19.10 FEIDd: 0.00 Paid: 19.10 Total: 19.10 V08261 CRC A,S93:= I 8010125000-6340/502801-6340 3120804 PLAN AMENS EU D FD 0.00 9,050.00 FEIDd: 0.00 Paid: 9,050.00 Total: 9,050.00 V00368 HAYSS ASS(YTATF.S 8010125000-6399/505825-6399 200705804 CEWaA7IR DOC S PD 0.00 11,784.50 PETD d: 0.00 d: 11,784.50 'Ibtal: 11,784.50 V93874 ICMA M�TT 8010110000-6175 3968 401A PLAN FM/FR PD 0.00 125.00 MID �d: 0.00 Paid: 125.00 Total: 125.00 V03126 LIIVJJLN NATTCIQR L 8000000000-3010 2325/0801010 10/08 FD 0.00 295.62 V03126 LRUDEN =CML 8000000000-3010 1320O801010 1O08 FD 0.00 63.56 V03126 LUTUN =CISSL 8000000000-3010 2320/0801010 10/08 PD 0.00 50.43 PEID d: 0.00 d: 409.61 Total: 409.61 City of Azusa HP 9000 06/12/08 O P E N HOLD D B LISTING By PersaVEhtity Narre Page 3 'II-II[T, JLV 12, 2008, 11:32 PM ---req: R=-------leg: Cdr JL---loc: BI-=---jcb: 591991 #J4820---pgn: CH400 <1.34> zpt id: CLTR02 SELECT FUD Axles: 80-82 ; Check Issue Dates: 050108-051508 PE ID PE Nacre ACCbiNP NJEM / JCB N-PIM Invoice Nurber Ds pticn St Disc. Part. Dist. Art. V10858 NMIS CUISU E 8010125000-7035/650205-7035 042908 IN/635Aa�M PD 0.00 27,500.00 V10858 Max's CUISD E 8010125000-7035/650205-7035 042908 /63 BAR FD 0.00 10,900.00 V10858 MAX'S CUISU E 8010125000-7035/650205-7035 042908LLNN 635AaM/,= FD 0.00 30,000.00 V10858 MAX'S CUISINE 8010125000-7035/650205-7035 042908 1635Aa)SA/CZOL PD 0.00 19,900.00 PEID U d: 0.00 Paid: 88,300.00 'Ibtal: 88,300.00 V01582 DIEL CTICA 8010110000-6915 635925025070 635925025070/CEL FD 0.00 53.90 PEID �r 'd: 0.00 Paid: 53.90 Total: 53.90 V06713 O37EN EENEFITS A 8000000000-2724 1225/0801010 A2#10/08 PD 0.00 2.40 PEID Uhraid: 0.00 Paid: 2.40 Total: 2.40 V01440 9VERLP1\1) PACIFIC 8010125000-6399/505800-6399 0802258 RE= ASSIST-80 FD 0.00 155.00 PE Dd: 0.00 'Itd: 155.00 Total: 155.00 V10355 PACIFIC = CT 8010125000-6399/505800-6399 12273 DWIN NST SITE FD 0.00 2,520.00 PEID Umd: 0.00 Paid: 2,520.00 Total: 2,520.00 V01480 PC M LL ay. 8010110000-7142 541164970101 IIN 54116497010 PD 0.00 449.24 V01480 FC M LL GJJ. 8010110000-6572 S42799860101 54279986010 FD 0.00 859.99 PEID Uimidd: 0.00 Pai : 1,309.23 7btal: 1,309.23 V04138 RECSASTAR LIFE I 8000000000-3053 2215/0801010 10/08 PD 0.00 2.50 V04138 RELSA,SIAR LIFE I 8000000000-3054 2410/0801010 10/08 PD 0.00 1.87 City of Azusa HP 9000 06/12/08 O P E N H O L D D B LISTING ty Page TW JCN 12, 2008, 11:32 AM ---re4: ROSE-------leg: GL JL---loc: BI-TD I---jcb: 591991 #J4820=p9 4C�I Ot<1.344 rpt id: C14FUM02 SE[FXS FOND Cb es: 80-82 ; Check Issue Dates: 050108-051508 FE ID FE Nacre ACC= N[NEER / JOB NUvEER Invoice NuTber Da=pticn St Disc. Pmt. Dist. Ant. -PEID Urmid: 0.00 d:. 4.37 Total: 4.37 V08571 RS ELB=C 8110155000-6650/505300-6650 10809 FINAL/1026N SAN PD 0.00 8,000.00 PEED th �d: 0.00 Paid: 8,000.00 'Total: 8,000.00 V02861 SOUT O N CP.LSFOR 8010125000-7110/505700-7110 IA28348 UITL R=/EM6 PD 0.00 513.13 PEIDUlDaid: 0.00 Paid: 513.13 Total: 513.13 V08056 SIPIV= INSURAN 8000000000-2725 1220/0801010PR#10/08 PD 0.00 52.60 IA,= V08056 SINSURAN 8000000000-3044 1255/0801010 10/08 PD 0.00 142.74 PEIDU'��dd: 0.00 Paid: 195.34 Total: 195.34 V10053 S'Z*ZP D IIUPAN 8000000000-2725 1221/0801010 PR410/08 - FD 0.00 82.73 PEIDd: 0.00 Paid: 82.73 Total: 82.73 V08056 STPD INSURAN 8000000000-2725 1220/0801110FR#10/O8 SpFr LFD 0.00 2.34 V08056 STPIVQARD INSMAN 8000000000-3044 1255/0801110 10/08 SPFI:TAL PD 0.00 5.94 PEID Cyd: 0.00 Paid: 8.28 Total: 8.28 V10166 UNTICN BANK OF CA 8000000000-3073 2130/0801110 10/08 SPFTTAT. PD 0.00 34.92 V10166 iDIICN BANK OF CA 8000000000-2727 1130/0801110 10/08 SPSCIAL FD 0.00 22.42 V10166 LNICN BANK OF CA 8000000000-3073 2130 V10166 UgICN BAMII OF CA 8000000000-2727 1130%0801010 110/08 FD 0.00 08 ED 0.00 244.92 PEID Ulmid: 0.00 City of Azusa HP 9000 06/12/08 O P E N H 0 L D D B LISTING By Pztsr/Entity Nacre Page 5 Mr,, JLN 12, 2008, 11:32 AM ---req: REE-------leg: GL JL---loc: BI-TDU-I---job: 591991 W4820---p9m: CCf4400 <1.34> rpt id: OHMIR02 SELECT' FUZ CSS' s: 80-82 ; Check Issue Lutes: 050108-051508 PE ID PE Name A03= NU4ER / JCB NU"EER Isrvoioe lvuTber Das=ption St Disc. Art. Dist. At. Paid: 879.38 Total: 879.38 V00876 NP.SHIDR'IC%J MMA 8000000000-3010 1330/0801010 10/08 PD 0.00 9.00 V00876 Kkci-r=N MJIU4 8000000000-3010 2335/080101010/08 ID 0.00 140.99 V00876 4 1t3IP1�MA 8000000000-3010 2330/0801010 10/08 PD 0.00 50.00 FEID 'Paid: 199.99 Total: 199.99 GRAND TOTALCyd: 0.00 Paid: 139,582.60 Total: 139,582.60 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 PARKING 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 88.36.090.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%) 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 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. t 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 yard setbacks except in case of an emergency. No long tens 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: "88.36.130 — Commercial, Oversized and Recreational Vehicles on Private Properly. 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 part of the gutter and edge of the street Gross vehicle weight rating (GVWR) means the weight specified by the manufacturer as the loaded weight of a single 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 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; Z. 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; I 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-it? 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 Highway 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 tenain vehicle. Right-of-Nay 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 Califbmia 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: I I. 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. 1 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. 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 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(i.e.., 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: "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 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: 111. Off-site human directional and advertising signs." SECTION 8. 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 f building fagade and may be mounted on any building wall surface. f F. Temporary window signs shall not exceed the maximum twenty percent (20%) coverage of the total window area, including any permanent window signs." SECTION 10. Section 88.42.020(E) of Article 4 of the Azusa Development Code is hereby amended to read as follows: "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-way." 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 sball 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 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 - 11 52 rrami ORDINANCES TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER/EXECUTIVE DIRECTO DATE: JUNE 16, 2008 SUBJECT: ORDINANCE DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONES WITHIN THE CITY OF AZUSA RECOMMENDATION Waive further reading and adopt the proposed ordinance. 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 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 t 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 ti> CHANE DRAFT Very High Fire Hazard Severity Zones in LRA MAP 1 uu n v K,v MF IQ4M VIM mggg .90.11 v � 5 ,.g-,� - � �-mss' _.� �._.��'���•t—.��€�"-�.c _ -mom -�^-,-• r'� �« �� �f�`_r ��"_p��'.z. -3� "'' 7"'�� �---�_ `�-�`: r 1 � F f k CALIFORNIA CODES GOVERNMENT CODE SECTION 51175-51189 51175. The Legislature hereby finds and declares as follows: (a) Fires are extremely costly, riot 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 51 182 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: I (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 T1tle 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 1103.13 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://Ieginfo.public.ca.gov/calaw.htmi CHAPTER 7A [SFM] MATERIALSMETHODS FOR EXTERIOR WILDFIRE EXPOSURE SECTION 701A ing those.for materials and construction methods for SCOPE,PURPOSE AND APPLICATION wildlife exposure as described in this chapter. 701A.1 Scope:This chapterapplie.s to building materials,.sys- 701A.3.2.4 Prior to building permit final approval the tents and/or assemblies «sed in rhe exterior design and con- properly shalt be in compliance with lire vegetation striction of new buildings located within a Wildland-Urban clearance requirements prescribed in California Public Interface Fire Area as defined in Section 702A Resources Code 4291 California Government Code See- 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 bunting embers projected by a vegetation fire and For the purposes of this chapter, certain terms are defined contributes to a.systematic reduction in cortfiagration losses. below: 701A.3 Application.New buildings located in any Fire Hazard CDF DIRECTOR means the Director of rite California Severity Zone within Slate Responsibility Areas or any Department of Forestry and Fire Protection. Midland-Urban Interface Fire Area designated by the enforc- ing agency for which an application for a building permit is FIRE PROTECTION PLAN is a document prepared for a submitted oil orafter December 1,2005, shall comply with the specificprojectordevelopmentproposedforaWildtandUrban following seclion.sr Interface Fre Area.It describes ways to minimize and mitigate 1. 704A.1—Roofing potential for loss from wildfire exposure. 2. 704A.2—Attic Ventilation The Fire Protection Plan shall be in accordance with this 701A.3.I Altentaesfor materials,design,tests,and meth- chapter and the California Fire Code, Chapter 47. When ods of construction. The enforcing agency is permitted to required by the enforcing agency for the purposes of granting modify the prorisiorts of this chapterforsite-speafic condi- modifications, afire protection plan shall be.submitted_ Only . m cions bi accordance with Appendix Chapter i Section locally adopted ordinances that have been filed_ with the Cali- fornia Building Standards Commission or the Department of 104.10.When required by the enforcing agency forthe pur- Housing and Community Development in accordance with poses of granring modifications,afire protection plan shall Section 101.8 shall apply. be submitted in accordance with the California Fire Code, Chapter 47 FIRE HAZARD SEVERITY ZONES are geographical areas 701A.3.2 New buildings located in arryfre hazard severity designated pursuant to California Public Resources Codes zone. New buildings located in any Fire Hazard Severity Sections4201 through4204 andclassifiedasVeryHigh,High, Zone, or any Wildland-Urban Interface Fire Area desig- or A'loderate in State ResponsibilityAreas oras Local Agency [rated by rite eufaming agency for-which an application fora Very High Fire Hazard Severity Zones designated paaheanl to building permit is submitted on or after January 1, 2008, California Government Code, Sections 51175 through 51189. shall comp!),with all sections of this chapter. See California Fire Code Article 86. 701A.3.2.1 Inspection and certification. Building per- The California Code of Regulations, Title 14, Section 1280, mir applications and final completion approvals for entitles the maps of these geographical areas 65 "Maps of the buildings within the scope and application of this chap- Fire Hazard SeverityZones in the State Responsibility Area of ter shall comply with the following. California." 701A,3.2.2 Tire local building official shall,priorto con- IGNITION-RESISTANT MATERIAL.is any product which, stnuction,provide the owner or applicant a certification when tested in accordance with ASTM E 84 for a period of 30 s that the building as proposed to be built complies with all ininues,shall have aflame spread of not over 25 and show no applicable state and local building standards, including "idence of progressive combustion. In addition, lite flame thoseformaterials and construction methods for hviidfire firm shall not progress store than 10'112 feet(3200 mm)beyond exposure as described in this chapler the centerline of the bunter at any tune during the test. 701A.3.2.3 The local building official shall, upon can- Materials shall pass the accelerated weathering test and be pletion of construction,provide the owner or applicant identified as exterior type, in accordance with ASTM D 2898 with a copy of lite final inspection report that demon- and ASTM D 3201. All materials .shall bear identification srrates the building was constructed in campiiancc with showing the fire performance raring thereof.�Thal identlfica- all applicable.state and local building standards,includ- tion shall be issued by ICC-ES or a testing faci[ip�recognized 235 20D7 CALIFORNIA BUILDING CODE MATERIALS AND CONSTRUCTION METHODS FOR EXTERIOR WILDFIRE EXPOSURE by the State Fre Marshal having a service for inspection of SECTION 704A materials at the factory. MATERIALS, SYSTEMS AND Fbe-Reiardani-Treated Wood or noncombristible materials METHODS OF CONSTRUCTION as defined in Section 202 shall sari sfy the intent ofthls section. 704A.1 Roofing. The enforcing agency may use other definitions of igni- 704A.1.1 General. Roofs shall comply with the require- rion-resistant material that reflect wilditre exposure tobuilding mens of Chapter 7A and Chapter 15. Roofs shall have a materials and/or their materials, performance in resisting roofing assemblyinstalled inaccordance with its listing and ignition. the manufacturer's installation instnictions. LOCAL AGENCY VERY HIGH FIRE HAZARD SEVER- 704A-1.2 Roof coverings. iigwre 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 CDF Direclorpursuant to Govern- spaces shall be constructed to prevent the intrusion of ment Code Sections 51177(c), 51178 and 5118 that is not a flames and embers,be firenopped.wiih approved materials .stare responsibilip,area and where a local agency,city,co nlp, or have one layer of No. 72 ASTM cap sheet installed over cit.),and court), or district is responsible for fire protection. the combustible decking. STATE RESPONSIBILITY AREA means lands that are clan- 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 mm)(No. 26 gala- Code Section 4125 where the financial responsibility of ple- nixed sheet gage)corrosion-resistant metal installedovera venting and.suppressing forest fires is primarily the responsi- minimum 36-inch-wide(914 min)underlayment consisting biliry of the stare of one layer of No. 72 ASTM cap sheet running the full length of the valley. WILDFIRE is on),uncontrolledfire spreading through vegeta- tivefiielsthat threatens to destroy life,properl)� orresources as 704A.1.4 Reserved. defined in Public Resources Code Sections 4103 and 4104- 704A.1.5 Roof gutters.Roof gutters shall be provided with WILDFIRE EXPOSURE is one or a combination of radiant the means to prevent the accumulation of leaves and debris !real,convective heat,direct flame contact and burning embers in the grater. being projected by vegetation fire to a.structure and its immmedi- 704A.2 Attic ventilation. ate environment. 704A.2.1 General. When required by Chapter 15, roof and 111ILDLAND-URBAN INTERFACE FIRE AREA is ageo- attic vents shall resistthe intrusion offlarneand embers into graphical area identified by the state as a "Fire Hazard Sever- the attic area ofthe stnicture,or shall be protected by corro- iq, Zone" in accordance with tire Public Resources Code sion-resistant, noncombustible wire mesh with t7.,--inch (6 Sections 4201 through 4204 and.Government Code Sections ran)openings or its equivalent. 51175 through 51189,or wherareas designaredby the enforc- 704A.2-2 Eave or cornice vents. Venus shall not be installed ing agency to be at a significant ri skfrom wildfires.See Section in eaves and cornices. 706A for Lire applicable referenced.section s of the Government Code and the Public Resources Code Exception: Eave and cornice vents may be used pro- vided they resist the intrusion of flame and burning embers into the attic area of the.structure. SECTION 703A 704A.2.3 Eave protection.Eaves and soffits shall meet the STANDARDS OF QUALITY requirements of SFM 12-7A-3 or shall be protected by igni- 70.3A.1 General.Material,systems, andmethods of constrnc- ricer-resistantnmerials or noncombustible construction on lion used shall be in accordance with this Chapter. the exposed underside. 703A.20ual(cation by testing.Material andmalerial assem- 704A.3 Exterior walls. blies tested in accordance whir the requirements of Section 704A.3.1 General. Exterior walls shall be approved 703A shall be acceptedfor use when the results and conditions noncombustible or ignition-resistant material, heavy tim- of those iesrs are met. Testing shall be performed by a testing bet, or log wall constnrction or shall provide protection agency approved by the State Fre Mashal or identified by an from the intrusion of flames and embers in accordance with ICC-ES report, standard SFM 12-7A-1. 703A..3 Standards of quality. The State Fire Marshal Stan- 704A.3.1.1 Exterior wall coverings. Exterior wall cov- dards listed belowand as referenced in this chapterare located Brings shall extend from the top of lire foundation to tire in the California Referenced Standards Code, Part 12 and roof, and terminate at 2-inch (50.8 nim) nominal solid Chapter 35 of this code. wood blocking between rafters at all roof overhangs,or SFM12.7A-1, Exterior Wall Siding and Sheathing. inthecomofenclosedeaves,terminate atthe enclosure. SFM 12-7A-2, Exterior Window 704A.3.2 Exterior wall openings. Exterior wall openings shall be in accordance with this section. SFM 12-7A-3, Under Eave. 704A.3.2.1 Exterior wall vents. Unless otherwise pro- SFM 12-7A-4, Deckinghibited by otherpravisions of this code,vent openings in 236 2007 CALIFORNIA BUILDING CODE MATERIALS AND CONSTRUCTION METHODS FOR EXTERIOR WILDFIRE EXPOSURE exterior walls shall resist the intnrsiori of fiance and 704.4.4.2 Underfloor and appendages protection. embers into the structure or vets shall be screened with 704A.4.2.1 Underside of appendages and floorprojec- a corrosion-re.sismnt, noncombustible shire mesh with tions. The underside of cantilevered and overhanging V,inch(6 mm)openings or its equivalent. appendages and floor projections shall maintain the 704A.3.2.2 Exteriorglazingand window walls.Exterior ignition-resisant integrity of exterior malls, or the pro- windows,window walls,glazed doors,and glazed open- jection shall be enclosed to the grade. ings winhin exieriordoors shall be insulating-glass units 704A.4.2.2 Unenclosed underfloor protection. Build- with a minimums of one tempered pane, or glass block ings shall have all underfloor areas enclosed to the units,or have a fire-resistance rating ofnor less than 20 grade with exterior malls in accordance with Section minutes,when tested according to ASTM E2010,orcon- 704A.:3. form totheperfonnancerequirements ofSFM12-7A-2 Exception: The complete enclosure of Linder floor 704A.3.23 Exterior door assemblies. Exterior door areas may be omitted where the underside of all assemblies shall conform to die performance require- exposed floors, exposed structural columns, beams mens of standard SFM 12-7A-1 or shall be of approved and supporting walls are protected as'required with noncombustible construction,or solid core wood having exterior ignition-resistant material consrrvctionorbe stiles and rails not less than 1'/e inches thickmith interior heavy timber field panel thickness no less than 1u7, inches thick or 704A.SAacillarybuildingsandslretetures. shall have a fire-resistance rating ofnor less than lOrnin- tires when tested according to ASTM E 2074, 704A.5.1 Ancillary buildings and structures. When Exception: Noncombustible or exterior fire-retar- required by the enforcing agency, ancillary buildings rand wood vehicle access doors are not structures and detached accessorystructures shall comply dant t with the pronasions of this chapter. required,to comply with this chapter. 704A.4 Decking,floors and underfloor protection. 704A.4.1 Decking. 704A.4.1-1 Decking surfaces. Decking, surfaces, stair treads,risers,and landings ofdecks,porches,and balco- ales where any portion of such surface is within l0 feet (3048 mm) of the primary strtucture shall comply with one of the following methods 1. Shall be constructed of ignition-resistant naleri- al s and pass the performance requirements ofSFM 12-7A-4,Party A and B 2. Shall be constructed with heasn, rimuber, exterior fire-retardant-treated wood or approved noncom- bustible materials. 3. Shall pass the performance requirements ofSFM 12-7A-4, Part A, I2-7A-4.7.51 onh' with a net peak heat release rate of 25kW/sq ft for a 40-min- ute observation period and. a. Decking surface naterial shall pass the ac- celerated weathering test and be identified as exterior nrpe, in accordance with ASTM E 84 and; b. The exterior wall covering to which it the deck is attached and within 10 (3048 mm) - feet of the deck shall be constructed of ap- proved noncombustible or ignition resistant e nateriol. Exception:Walls are not required to comply ` with this subsection if the decking surface material confornus to ASTA4 E-84 Class B flame spread The use of paints, coatings, stains, or other surface treime is are nor an approved method of protection as uequired in this chapter. 2007 CALIFORNIA BUILDING CODE f 237