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HomeMy WebLinkAboutAgenda Packet - September 02, 2008 - CC �,�p Frg2G U v AGENDA CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM TUESDAY, SEPTEMBER 2, 2008 213 EAST FOOTHILL BOULEVARD 6:30 P.M. AZUSA CITY COUNCIL JOSEPH R. ROCHA MAYOR KEITH HANKS ANGEL CARRILLO COUNCILMEMBER MAYOR PRO-TEM URIEL E. MACIAS ROBERT GONZALES COUNCILMEMBER COUNCILMEMBER NOTICE TO THE PUBLIC Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are on f le in the ice of the City Clerk and are available for public inspection at the City Library. Persons who wish to speak during the Public Participation portion ofthe Agenda, shall fall out a card requesting to speak and shall submit it to the City Clerkprior to the start ofthe 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: 624—630 N. San Gabriel Boulevard, Azusa, CA 91702 Negotiating Parties: JK Partnership, Property Owner Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment 2. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 622 N. San Gabriel Avenue, Azusa, CA 91702 Negotiating Parties: Gonzalez John A/Miller Christine A, Property Owners Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of Payment 3. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 640, 632 N. Alameda and 204 E. Foothill Boulevard, Azusa, CA 91702 Negotiating Parties: Patterson Milo L/Patterson Trust, Property Owner Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment 4. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 906, 908 & 912 N. Alameda Avenue, Azusa, CA 91702 Negotiating Parties: Miller Samuel Trust/Miller Samuel,Property Owners Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment 5. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 190 W. 9" Street, Azusa, CA 91702 Negotiating Parties: Foothill Drug Store, Kakui Lau, Business Owner Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and.Terms of payment 6. REAL PROPERTY NEGOTIATIONS(Gov. Code Sec. 54956.8) Address: 150 N. Azusa Avenue, Azusa, CA 91702 Negotiating Parties: EI Proyecto Del Barrio—Corinne Sanchez, President/CEO City Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of Payment 7. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 150 W. 9th Street, Azusa, CA 91702 Negotiating Parties: King Ranch Market, Aner Iglesias, Business Owner Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment 8. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: Administrative Services Director-Chief Financial Officer Kreimeier Organizations ACEA, AMMA, and APMA Any person wishing to comment on any of the Closed Session items listed above may do so now. 7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL. • Call to Order • Pledge to the Flag • Invocation— Pastor Wayne Leamons of Bread of Life Church 09/02/08 PAGE TWO A. PUBLIC PARTICIPATION (Person/Group shall be allowed to speak without interruption up to five (5)minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes time.) B. REPORTS, UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL 1. Mayor Rocha—Request for$100 sponsorship to Maricela Correra of Gladstone High to attend cheerleading camp. 2. Councilmember Macias — Request for a certificate of recognition for Ms. Marian Double for 25 years of dedicated service as a teacher in the Charter Oak School District. C. SCHEDULED ITEMS 1. CONTINUED PUBLIC HEARING—APPEAL OF PLANNING COMMISSION DENIAL OF A USE PERMIT TO ALLOW THE CONSUMPTION OF ON-SITE BEER AND WINE IN CONJUNCTION WITH A BONAFIDE RESTAURANT(USE PERMIT 2008-02). RECOMMENDED ACTION: Open the Public Hearing; receive testimony,close the Hearing. Overturn the Planning Commission's denial and adopt Resolution No. 08-C75, approving Use Permit 2008-02. 2. PUBLIC HEARING — ON ANNUAL METROPOLITAN TRANSPORTATION AUTHORITY (MTA)CONGESTION MANAGEMENT PROGRAM(CMP)LOCAL DEVELOPMENT REPORT. RECOMMENDED ACTION: Open the Public Hearing; receive testimony, close the Public Hearing. Waive further reading and adopt Resolution No. 08-C76,adopting the 2008 Local Development Report and self-certification. 3. A RESOLUTION OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD"BORROW"LOCAL GOVERNMENT,REDEVELOPMENT AND TRANSPORTATION FUNDS. RECOMMENDED ACTION: Adopt Resolution No. 08-C77, opposing fiscally irresponsible State budget decisions that would "borrow" local government, redevelopment, and transportation funds. D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Councilmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF AUGUST 4, 2008. RECOMMENDED ACTION: Approve Minutes as written. 09/02/08 PAGE THREE i 2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). 3. CITY TREASURER'S REPORT AS OF JULY 31 2008. RECOMMENDED ACTION: Receive and file the report. 4. AWARD OF CONTRACT - MEMORIAL PARK ROOF REPLACEMENT. RECOMMENDED ACTION: Authorize staff to award the Memorial Park Roof Replacement Project Contract to Lavey Roofing Services, Inc. 5. AWARD OF CONTRACT FOR DESIGN - FOOTHILL BOULEVARD RECONSTRUCTION. RECOMMENDED ACTION: Approve and authorize the City Manager to award a design contract to Coory Engineering to immediately begin design for the reconstruction of Foothill Boulevard. 6. AUTHORIZATION TO SOLICIT A NOTICE INVITING BIDS(NIB)-BLOCK 36 STORM DRAIN IMPROVEMENTS. RECOMMENDED ACTION: Authorize staff to solicit an NIB for the Block 36 Storm Drain Improvements. 7. PURCHASE OF DIGITAL COMMUNICATIONS LOGGER. RECOMMENDED ACTION. Approve the purchase of the NICE,Mirra Series IV Digital Communications(voice)Logger from Versatile Information Products (VIP), Inc. in an amount not to exceed $30,413.39. It is further recommended to approve the purchase based on VIP, Inc. satisfying Azusa Municipal Code 2-522 (c), competitive bidding already completed under CMAS# 3-07-70-2453A and GSA# GS-35F-0579L for this product. 8. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY. RECOMMENDED ACTION: Adopt Resolution No. 08-C78. CONVENE AS THE REDEVELOPMENT AGENCY E. AGENCY CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Boardmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. APPROVAL_ OF MINUTES OF THE REGULAR MEETING OF AUGUST 4 2008. RECOMMENDED ACTION: Approve Minutes as written. 2. AGENCY TREASURER'S REPORT AS OF JULY 3l.2008. RECOMMENDED ACTION: Receive and file the report. 09/02/08 PAGE FOUR 3. ONE-YEAR EXTENSION OF THE AGREEMENT WITH THE DOWNTOWN AZUSA BUSINESS ASSOCIATION. RECOMMENDED ACTION: Approve a one-year extension of the Agreement with the Downtown Azusa Business Association and approve the compensation amount of$19,500 for fiscal year 2008/09 to support economic development through marketing, community promotion,and cultural events. 4. WARRANTS. Two separate resolutions authorizing payment of warrants by the Agency. RECOMMENDED ACTION: Adopt Resolution Nos. 08-R37 and 08-R38. F. ORDINANCES/SPECIAL RESOLUTIONS 1. SECOND READING AND ADOPTION OF PROPOSED ZONING ORDINANCE AMENDMENT ZCA 228 AND ZONE CHANGE Z-2008-01 (DOWNTOWN NORTH II TARGET OVERLAY ZONE). Waive further reading and adopt Ordinance No. 08-010. G. ADJOURNMENT 1. Adjourn. UPCOMING MEETINGS: September 15, 2008, City Council Meeting—6:30 p.m. (Auditorium) September 22, 2008, Utility Board Meeting—6:30 p.m. (Victor Hodge School-700 W. I I" St. Azusa) October 6, 2008, City Council Meeting— 6:30 p.m. (Auditorium) October 20, 2008, City Council Meeting—6:30 p.m. (Auditorium) October 27, 2008, Utility Board Meeting—6:30 p.m. (Light and Water Conference Room) In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of the public at the following locations: Azusa City Clerk's Office-213 E. Foothill Boulevard,Azusa CityLibrary- 729 N.Dalton Avenue,and Azusa Police Department Lobby- 725N.Alameda,Azusa, California. 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 special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. 09/02/08 PAGE FIVE a � ^'Y711'UF'A�. AGENDAITEM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: KURT CHRISTIANSEN, AICP ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, CITY MANAGER/IW DATE: SEPTEMBER 2, 2008 SUBJECT: APPEAL OF PLANNING COMMISSION DENIAL OF A USE PERMIT TO ALLOW THE CONSUMPTION OF ON-SITE BEER AND WINE IN CONJUNCTION WITH A BONAFIDE RESTAURANT(USE PERMIT 2008-02) RECOMMENDATION: Staff recommends that the City Council overturn the Planning Commission's denial and approve Use Permit 2008-02. BACKGROUND: On February 27, 2008, the applicant, Susana Gomez, submitted an application for a Use Permit (UP) to allow the sale of beer and wine at an existing restaurant located at the northwest corner of Arrow Highway and Vincent Avenue. The Planning Commission held a public hearing on May 28, 2008, and continued the item to their June 11, 2008, meeting to give staff time to address a number of issues raised by the Commission. At the June 11, 2008, meeting, the Planning Commission denied the subject application. The June 11, 2008, staff report (with the May 28, 2008, staff report attached) has been included as Attachment A of your staff report. On July 1, 2008, the applicant appealed the denial to the City Council. ANAYSIS: The subject property is located in the Arrow Highway Corridor (CAH) zoning district. The site is 15,682 square feet in area and developed with a 9,430 square foot shopping center. The subject suite is approximately 1,647 square feet in area. The restaurant space is located in an existing shopping center with the buildings developed at the north and west side of the site and the parking provided in front of the tenant spaces adjacent Arrow Highway. The center has a total of eight (8) tenant spaces with seven (7) spaces currently UP 2008-02 September 2, 2008 Page 2 occupied. The restaurant is limited to a total of 15 seats due to the parking constraints of the shopping center (1 parking space is required for each 3 seats requiring a total of 5 spaces). The center currently provides 25 parking spaces. Prior to the opening of Susana's Restaurant, a total of three (3) different restaurants operated at this site since 2000. The average length of time these restaurants remained open was two (2) years. Susana's Restaurant has been open and operating since September 2007. The hours of operation permitted for the existing restaurant are 6 a.m. to 10 p.m. seven(7) days a week. No changes to the permitted hours of operation are proposed and no hard alcohol sales are proposed. State Department of Alcohol and Beverage Control The Department of Alcohol and Beverage Control (ABC)has informed the City that a Finding of Public Convenience and Necessity is required in order for the restaurant to obtain an ABC License. ABC limits the number of licenses permitted within each census tract and when the maximum is reached a finding of Public Convenience and Necessity must be made. A maximum of three (3) on-sale licenses are permitted in this Census Tract before an undue concentration is determined to exist. With the applicant's restaurant, there would be (4) on-sale licenses in the Census Tract, which would be considered an undue concentration by the ABC. Police Department Review The City's Police Department has reviewed this request and visited the site and has found no reason to deny the request for on-site sales/consumption of beer and wine as long as the owner abides by all applicable ABC regulations pertaining to sales and consumption on their premises. Planning Commission Denial The Planning Commission raised a number of issues with the proposed project but the primary concerns were an incompatibility with the neighboring adult business and that the addition of alcohol could contribute to crime in the area. The Commission did not make the finding of Public Convenience and Necessity for the subject location. The number of Part 1 crimes for the reporting district is above the average for the City of Azusa and the current number of on-sale licenses in place for the census tract serves the public within the constraints of the ABC limitations. They believed that these two determining factors indicated that the over concentration of on-sale licenses could be a detriment to the area and therefore a Finding of Public Convenience and Necessity cannot be made. The Police Department, however, reports that while the subject reporting district has a greater number of Part I crimes compared to the City Average, most bona fide restaurants with on-sale beer and wine licenses do not typically generate the number of alcohol-related crimes as those typically associated with establishments that sell alcohol "to go" (i.e. liquor stores and markets). FISCAL IMPACT: There is no foreseen fiscal impact associated with this project. UP 2008-02 September 2, 2008 Page 3 CONCLUSION: The proposed restaurant is located within the Arrow Highway Corridor (CAH). The City's goal for this district is to accommodate a wider range of retail and office uses than the other corridor designations. The ability to serve alcohol will enable the restaurant to better compete with other restaurants within the area that provide the same service. The City's Police Department has reviewed this request, as well as activities related to similar uses in the immediate vicinity, and has found no reason to deny the on-site sales/consumption of alcohol as long as the owner abides by all applicable ABC regulations pertaining to sales and consumption on their premises and the conditions of approval of this Use Permit. The site is of adequate design, location, size and the characteristics of the proposed on-site sale of alcohol are compatible with the existing and future land uses in the vicinity. The zone allows for commercial uses and it is the City's goal to have successful and viable businesses within the Arrow Highway Corridor. Attachments: Exhibit "A": June 11, 2008, Planning Commission staff report (including May 28, 2008, Planning Commission staff report) Exhibit`B": Resolution approving Use Permit UP 2008-02 Exhibit"C": Conditions of approval for Use Permit UP 2008-02 Exhibit "A" �fiq<iFO�� AGEENDAITEM F- 1 TO: CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: KATHERINE LAUFENBURGER, CONTRACT SENIOR PLANNER DATE: JUNE 11, 2008 SUBJECT: CONTINUED REVIEW OF A REQUEST TO PERMIT THE ON-SITE SALE AND CONSUMPTION OF BEER AND WINE IN CONJUNCTION WITH A .BONA FIDE RESTAURANT CURRENTLY IN OPERATION (SUSANA'S RESTAURANT). RECOMMENDATION Based on substantial compliance with provisions of the Development Code, and the Use Permit Findings of Fact; and in conformance with the General Plan and CEQA guidelines, staff recommends that the Planning Commission adopt the attached resolution approving Use Permit UP 2008-02 based on the findings of fact and subject to the Conditions of Approval listed in the attached Exhibit A. BACKGROUND On May 28, 2008 the Planning Commission continued the item in order to obtain additional information regarding the subject site. The staff report and draft meeting minutes from the May 28th meeting are Exhibit B. PLANNING COMMISSION QUESTIONS AND RESPONSES 1 . Identify all sensitive uses (e.g. churches, schools, parks, residential development.) within a 1 ,000 foot radius of the site. Research ofaHsensitive uses within 1;000 feet has shown thatthe only "sensitive"Uses within the buffer area are single family and multi-family residences. Staff has utilized the mapping website Mapquest.com to provide aerial photos and the location of sensitive uses located near the subject site. These are provided in Exhibit C. 2. How long has a restaurant been in operation atthe subject location? (P:\I PLANNING\ENTITLEMENTS\1C-USE PERMIT\20MUP 2000-02 1197 W.ARROW FIWYI PC STAFF REPORT 6-11 (CONTINUED).DOC) The review ofpast business licenses for 1197W. Arrow Highwayshows thatpriorto the opening ofSusana's Restaurant, a total of three (3)different restaurants have operated at this site since 2000. The average length of time these restaurants remained open was 2 years. Susana s Restaurant has been open and operating since 5eptember2007. A copy of the Business License records has been provided as Exhibit D. 3. Provide the definition of a Part I Crime. By the F81's definition, Part l Crimes include homicide, rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft, and arson. 4. Provide the boundaries of Reporting District 436. Reporting District 436 is an 1"shaped area bounded by Arrow Highway to the south, VincentAvenue to the west, the Los Angeles Countyarea to the east and northeast and Newburgh street to the North. A map delineating Reporting District 436 boundaries has been provided as Exhibit E. 5. Provide information on the onecall for service that took place at the project location. The cal/for service that took place at the project site was on November 10, 2007 at 8:50 p.m. The call was regarding two men that were causing a disturbance outside the restaurant and attempting to enter for service. No crime report was filed. A summary of what transpired at the call, as provided by the Police Department, is below. RESPECTFULLY SUBMITTED KATHERINE �O_INTRACT SENIOR PLANNER ATTACHMENTS: Exhibit A - Conditions of Approval Exhibit B - May 28, 2008 Planning Commission Staff Report Exhibit C - Maps providing locations of sensitive uses Exhibit D - Business License Records Exhibit E - Crime Reporting Area (P:\1 PLANNINGI ENTITLEMENTS\14-USE PERMIT\2008\UP 2008-02 1197 W.ARROW HW"PC STAFF REPORT 6-11 (CONTINU ED).DOC) RESOLUTION NO. 2008-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AZUSA DENYING USE PERMIT NO. UP 2008-02, A REQUEST TO PERMIT THE ON-SITE SALE AND CONSUMPTION OF BEER AND WINE IN CONJUNCTION WITH A BONA FIDE RESTAURANT CURRENTLY IN OPERATION (SUSANA'S RESTAURANT), AT 1197 W. ARROW HIGHWAY. 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 Susana Gomez with respect to the requested Use Permit No. UP 2008-02 to permit the on-site sale and consumption of beer and wine in conjunction with a bona fide restaurant currently in operation within a 1 ,647 square foot tenant space located at the southwest corner of the shopping center located at 1 197 W. Arrow Highway, 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.F of the Azusa Development Code, the Planning Commission hereby denies said Use Permit No. 2008- 02 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: On- site sale of alcohol in conjunction with a restaurant is permitted subject to Use Permit(UP) in the Azusa Avenue Corridor zone. The Development Code sets criteria to consider for on-site sale of alcoholic beverages. The purpose of the criteria is to ensure compatibility with nearby uses. The approval of a use permit for the sale of beer and wine is not compatible with the adjacent use in the shopping center. The adjacent use is categorized by the City and City Attorney as a `lingerie and lace" use which includes the sale of adult oriented items. This use is not considered a compatible use to the sale of beer and wine. Resolution No. 2008-24 June 11, 2008 UP 2008-02 Page 2 of 3 2. Whether approval would result in an undue concentration of these uses, and whether public convenience or necessity would mitigate the issue of undue concentration. Undue Concentration The Development Code does not contain a standard for appropriate concentration levels of alcohol sales outlets. However, the Business and Professions Code defines undue concentrations for use by the State Department of Alcoholic Beverage Control (ABC) when reviewing applications for liquor licenses. According to Section 23958.4 of the Business and Professions Code, an undue concentration of off-sale outlets exists when either of the following is found to exist: • The ratio of on-sale retaillicenses to population in the census tractin which the premises are located exceeds the ratio of on-sale retail licenses to population in the county; or • The applicant premises are located within a high crime according to Police Department statistics. A maximum of 3 on-sale licenses are permitted in this Census Tract before an undue concentration is determined to exist. Including the applicant's restaurant, there would be 4 on-sale licenses in the Census Tract, resulting in an undue concentration. The propertyis located within Crime 2eportingDistrict436. The average number of Part I crimes per district in 2007 was 13. District 436 had 22 Part I crimes during2OO7. The subject location had no reported Part I crimes and of 6 calls for service, 5 took place from a payphone located outside the restaurant therefore are not considered to have been related to the restaurant use. The Police Department reports that while the subjectreportingdistricthas agreaternumber of Part I crimes compared to the CityAverage, most bona fide restaurants with on-sale beer and wine licenses do not typicabygenerate the number of alcohol- related crimes as those typically associated with establishments that sell alcohol "to go" (i.e. liquor stores and markets). When an undue concentration is found to exist, ABC is required to deny a license unless it is shown that the public convenience or necessity would be served by the issuance'. Section 23958.4(b)(2) of the Business and Professions Code. Resolution No. 2008-24 June 11, 2008 UP 2008-02 Page 3 of 3 Finding of Public Convenience or Necessity The finding of Public Convenience and Necessity of cannot be made for the subject location. The number of Part 1 crimes for the reporting district are above the average for the City of Azusa, and the current number of on-sale licenses in place for the census tract serve the public within the constraints of the ABC limitations. These two determiningfactors indicate that the over concentration of on-sale licenses could be a detriment to the area and therefore a Finding of Public Convenience and Necessity cannot be made. SECTION 3: Based on the aforementioned findings, the Planning Commission does hereby denies Use Permit No. UP 2008-02 for the property located at: 1 197 W. Arrow Highway, Azusa, California. SECTION 4: The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 1 1 th day of June, 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 1 1 th day of June, 2008, by the following vote of the Planning Commission: AYES: Dodson, Rosales NOES: Rentschler, Alva, Dierking ABSENT: None ABSTAIN: None AZUSA PLANNING COMMISSION SECRETARY Exhibit "A' Conditions of Approval — Planning Commission 6/11/08 Case No: UP 2008-02 Address: 1197 W. Arrow Highway A.P.N.: 8619-016-035 Project: Request to permit the on-site sale and consumption of beer and wine in conjunction with a bona fide restaurant currently in operation (Susana's Restaurant). 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 Use Permit 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 or, has commenced operation of the use, for projects not requiring building permits. 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. 3. Use Permit UP 2008-02 shall apply only to the 1,647 square foot restaurant located at the southwest corner of the shopping center,any expansion of the restaurant into other tenant spaces shall require an amendment to the Use Permit. 4. Priorto commencement of the approved Use Permit all existing security bars,gates or grates covering door openings and store fronts shall be removed and installed on the inside of the window, door opening or store front (Per Section 88.30.050) 5. The restaurant shall be limited to a maximum of 15 seats due to the parking constraints of the existing parking lot. At no time may the number of seats in the restaurant be increased without securing additional off-street parking spaces and obtaining approval from the Planning Division 6. All applicable Building Division and Fire Department requirements shall be met at all times. 7. All uses shall be in substantial conformance with the approved plot plan and elevations. 8. Parking of vehicles on areas other than paved surfaces or in garages is prohibited. 9. Landscaping shall be adequately maintained at all times including, but not limited to, irrigation, weeding, and/or replacement when necessary. 10. 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. 11. Applicant shall provide and maintain a litter receptacle outside of the business and P:11 PlanningtEntitlements114-Use Permrh2008\UP 2008-02 1197W.Arrow HwyAExhibit-A.doc UP 2008-02 June 11, 2008 Page 2 of 3 be responsible for keeping the receptacle and the area around it clean and free of excess trash or debris at all times. 12. Business hours of operation shall not exceed 6 a.m. to 10 p.m. 13. All requirements of the State Department of Alcoholic Beverage Control(ABC)shall be met at all times. Should the ABC license be revoked, the subject Use Permit shall automatically be scheduled for revocation. 14. No advertising of alcoholic beverages shall be displayed on the exterior of the building or the exterior of the site. 15. Alcoholic beverages shall not be sold to any person under2l years of age. 16. The owner and manager of the restaurant shall attend the Department of Alcoholic Beverage Control License Applicant Training (LEAD) training class within one (1) year of approval of Use Permit UP 2008-02. The City may require proof of attendance and completion of LEAD training class. Any new owners or managers of the restaurant shall attend the LEAD class within three months of obtaining a business license to operate the facility. 17. 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. 18. 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 attorneys' fees and other reasonable costs incurred by the City in defending such action or proceeding. 19. 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. 20. Any changes to the conditions listed above must be approved by the Planning Commission. B. All requirements of the Community Improvement Division shall be met, including but not limited to the following: 1. The parking lot shall be striped to meet all City requirements. 2. All current code violations shall be abated and the site shall be maintained and kept in compliance with code requirements at all times. RAIPlanning\Entitlements114-Use Permit20081UP 2008-02 1197 W.Arrow HwyExhibit-A.doc UP 2008-02 June 11, 2008 Page 3 of 3 C. All requirements of the Police Department shall be met, including but not limited to the following: 1. The owner shall abide by all applicable Alcoholic Beverage Control (ABC) regulations pertaining to sales and consumption on the subject premises. 2. The owner shall install commercial grade surveillance cameras at the point of entry/exit and cashier counter(s) that are digitally recorded and maintained by the owner for a minimum of 30 days and made available to law enforcement upon request for investigative purposes. 3. Minimally equip location with an audible or silent burglar alarm at all entry points monitored by a reputable alarm company in compliance with pertinent AMC requirements for alarm systems. 4. Post clear signs stating it is illegal to serve alcohol to anyone under age 21, contact the Police Department for signage requirements. 5. Require the availability of adequate parking spaces as determined by the City Planning Division. rP11 Planning\Entitlements\14-Use Permit20081UP 2008-02 1197 W.Arrow HwyExhibit-A.doc Exhibit B s Gerrous"r ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT. REPORT TO THE PLANNING COMMISSION AGENDA ITEM DATE: May 28, 2008 CASE NO: UP-2008-02 (Formerly MUP 2008-04) APPLICANT: Susana Gomez LOCATION: 1197 Arrow Highway. APN: 8619-016-035 REQUEST: A request to permit the on-site sale and consumption of beer and wine . in conjunction with a bona fide restaurant currently in operation (Susana's Restaurant). ADJACENT LAND USES AND ZONING: LAND USE: ZONING: Restaurant use within a SITE: shopping center CAH (Arrow Highway Corridor) NORTH: Multi-family development CAH (Arrow Highway Corridor) SOUTH: Single Family Residential Los Angeles County EAST: Multi-Family Residential CAH (Arrow Highway Corridor) WEST: Industrial and Retail Los Angeles County Development GENERAL PLAN DESIGNATION- Commercial Mixed Use (Up to 27 DU/Acre) REDEVELOPMENT PROJECT AREA: YES: _ NO: X UP-2008-02 May 28, 2008 Page 2 of 9 ENVIRONMENTAL DETERMINATION: X Categorical exemption Negative declaration Environmental impact report RECOMMENDATION Based on substantial compliance with provisions of the Development Code, and the Use Permit Findings of Fact; and in conformance with the General Plan and CEQA guidelines, staff recommends that the Planning Commission adopt the attached resolution approving Use Permit UP 2008-02 based on the findings of fact and subject to the Conditions of Approval listed in the attached Exhibit A. ANALYSIS Project Description The applicant is requesting approval of a Use Permit (UP) to allow the sale of beer and wine at an existing restaurant located at the northwest corner of Arrow Highway and Vincent Avenue. Background 1 . On February 27, 2008, the applicant, Susana Gomez, submitted an application for a Use Permit to allow the sale of beer and wine at an existing restaurant. 2. The Department of Alcohol and Beverage Control (ABC) has informed the City that a Finding of Public Convenience and Necessity is required in order for the restaurant to obtain an ABC License. ABC limits the number of licenses permitted within each census tract and when the maximum is reached a finding of Public Convenience and Necessity must be made. The census tract the subject site is located in has met its permitted maximum of three (3) licenses for on-site consumption of beer and wine, the requested license would constitute and undue concentration as it would be the fourth license. 3. The subject property is located in the Arrow Highway Corridor (CAH) zoning district. The site is 15,682 square feet in area and developed with a 9,430 square foot shopping center, the subject space is approximately 1 ,647 square . C:\Temp\XPgrpwise\PC Staff Report.doc UP-2008-02 May 28, 2008 Page 3 of 9 feet in area. 4. The restaurant is limited to a total of 15 seats due to the parking constraints of the shopping center (1 parking space is required for each 3 seats requiring a total of 5 spaces). The center currently provides 25 parking spaces. The restaurant owner signed documentation regarding the limitation at the time a business license was secured and no changes to the maximum number of seats will be permitted unless additional off-street parking can be provided. Prior to the new restaurant use the tenant space was used as a retail market which today would require one (1) parking space for each 250 square feet of gross floor area. 5. On May 15, 2008, thirty-eight (38) notices of the Planning Commission public hearing were sent out to the property owners within 300 feet of the subject property and notification was sent to the Azusa Herald to be published. The mailing list includes the property owners directly adjacent to the subject parcel. As of May 22, 2008, they were no responses. 6. This project is Categorically Exempt under the California Environmental Quality Act, Section 15301 , Class 1 - Existing Facilities. Site Characteristics The restaurant space is located in an existing shopping center with the buildings developed at the north and west side of the site and the parking provided in front of the tenant spaces adjacent Arrow Highway. The center has a total of eight (8) tenant spaces with seven (7) spaces currently occupied. General Plan & Development Code Conformance The subject site was developed in 1980 and is in conformance with both the General Plan and Development Code. Police Department Review The City's Police Department has reviewed this request and visited the site and has found no reason to deny the request for on-site sales/consumption of beer and wine, as long as the owner abides by all applicable ABC regulations pertaining to sales and consumption on their premises, see Exhibit C. C:\Temp\XPgrpwise\PC Staff Report.doc UP-2008-02 May 28, 2008 Page 4 of.9 USE PERMIT FINDINGS OF FACT: 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: On-site sale of alcohol in conjunction with a restaurant is permitted with a Use Permit (UP) in the Azusa Avenue Corridor zone. The Development Code sets criteria to consider for on-site sale of alcoholic beverages. The purpose of the criteria is to ensure compatibility with nearby uses. a. The nature and use of real property within 500 feet of the use, and in particular, the location of similar nearby uses and the location of residences, parks, schools, and religious facilities; The site is located at the northeast corner of Arrow Highway and Vincent Avenue within an existing shopping center. The requested Use Permit applies only to the subject restaurant space which is further described as a 1647 square foot tenant space located at the southwest corner of the shopping center building. Multi-family housing is located to the north and east of the site, to the south of the site is single family housing located in Los Angeles County and to the west of the site is industrial and commercial development, also located in Los Angeles County. There are no parks, school or religious facilities located within 500 feet of the subject site. b. Appropriate measures to provide proper maintenance of the building exterior, including keeping the premises free of junk, litter, and debris; The proposed use consists of a dine-in bona fide eating establishment which is not likely to generate junk, litter, or debris. c. Lighting of exterior areas, including parking lots, to discourage loitering activities outside of the buildings; Adequate lighting exists along Arrow Highway, and within the shopping . center. d. Protection of persons residing on or using adjacent properties from noise, illegal activity, odors, and undue light and glare; C:ITemp\XPgrpwise\PC Staff Report.doc UP-2008-02 May 28, 2008 Page 5 of 9 No persons reside on the property. Persons living adjacent to the property will not be exposed to unacceptable levels of noise, odors, and light and glare, as there will be no change t0 the outside of the structure. e. Provision of onsite security, both inside and outside the building, to satisfy any concerns raised by the Police Department; The Police Department conducted a thorough review of the application, including a visit to the site. They concluded that approval of an ABC license for the 7,647 square foot lease space at 1167 Arrow Highway would not jeopardize public safety in this area. Therefore, the Police Department recommended approval of the Use Permit subject to certain conditions listed in the attached Exhibit 'A". f. Adequacy of off-street parking provided for the use; The property is located within an existing shopping center that currently has eight(8) tenant spaces, with seven (7)currently occupied and a total of 25 on-site parking spaces. The limitation on the number of seats permitted in the restaurant ensures that adequate parking is provided on site. g. Hours of operation; The hours of operation permitted for the existing restaurant are 6 a.m. to 10 p.m. seven (7) days a week. No changes will be made to the permitted hours of operation. h. Controls on occupancy limits inside the building and loitering outside of the building; Occupancy limits will be strictly enforced through interior signage. The nature of the business (a bona fide eating establishment) is not likely to attract loitering outside of the establishment. i. Prevention of adverse effect of the use on value of adjacent properties; The establishment of a bona fide eating establishment within an existing C:\Temp\XPgrpwise\PC Staff Report.doc UP-2008-02 May 28, 2008 Page 6 of 9 shopping center will not have an adverse impact on the center and may help revitalize and improve the site as a whole. j. Whether approval would result in an undue concentration of these uses, and whether public convenience or necessity would mitigate the issue of undue concentration. Undue Concentration The Development Cade does not contain a standard for appropriate concentration levels of alcohol sales outlets. However, the Business and Professions Code defines undue concentrations for use by the State Department of Alcoholic Beverage Control (ABC) when reviewing applications for liquor licenses. According to Section 23958.4 of the Business and Professions Code, an undue concentration of off-sale outlets exists when either of the following is found to exist: • The ratio of on-sale retail licenses to population in the census tract in which the premises are located exceeds the ratio of on-sale retail licenses to population in the county, or • The applicant premises are located within a high crime according to Police Department statistics. With respect to the ratio of on-sale licenses to population, a maximum of 3 on-sale licenses are permitted in this Census Tract before an undue concentration is determined to exist. With the applicant's restaurant, there would be 4 on-sale licenses in the Census Tract, which would be considered an undue concentration. With respect to the number of crimes, the property is located within Crime Reporting District 436. The average number ofPart/crimes per district in 2007 was 13. District 436 had 22 Part l crimes during 2007. The subject location had no reported Part l crimes and of 6 calls for service, S took place from a pay phone located outside the restaurant therefore are not considered to have been related to the restaurant use. The Police Department reports that while the subject reporting district has a greater number of Part / crimes compares to the City Average, most bona fide restaurants with on-sale beer and wine licenses do not typically generate C:\Temp\XPgrpwise\PC staff Report.doc 1 UP-2008-02 May 28, 2008 Page 7 of 9 the number of alcohol-related crimes as those typically associated with establishments that sell alcohol "to go"(i.e. liquor stores and markets). When an undue concentration is found to exist, ABC is required to deny license unless it is shown that the public convenience or necessity would be served by the issuance 1. Finding of Public Convenience or Necessity The proposed restaurant is located within the Arrow Highway Corridor (CAH). The City's goal for this district is to accommodate a wider range of retail and office uses than the other corridor designations. The ability to serve alcohol will enable the restaurant to better compete with other restaurants within the area that provide the same service. The City's Police Department has reviewed this request, as well as activities related to similar uses in the immediate vicinity, and has found no reason to deny the on-site sales/consumption ofalcohol as long as the owner abides by aH applicable ABCregulations pertaining to sales and consumption on their premises and the conditions of approval of this Use Permit. 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 Commercial- Mixed-Use; there is no specific plan applicable to the subject property. The proposal is consistent with the following goals and policies of the General Plan.- Land lan:Land Use Goal 3.- 'Azusa's corridors will be transformed into well-planned transit corridors, providing some retail and commercial opportunities in mixed-use settings. " Land Use Goal S: Allow for and encourage the intensification of commercial uses in the corridors and in the districts to provide economic stability and to provide residents with essential good and services. Land Use Goal 10: Ensure the compatibility among various types of Land Uses. C:\Temp\XPgrpwise\PC Staff Report.doc UP-2008-02 May 28, 2008 Page 8 of 9 Policy 10.5 Require that entertainment (including sporting), dining, and drinking establishments, and other uses characterized by high activity levels provide adequate physical and safetymeasures to prevent negative impacts on adjacent properties The establishment of a restaurant at this location has helped with the revitalization of this mixed use district. The inclusion of on-site sale of alcohol will enable the owner to compete with other restaurants within the area and provide a better dining experience to its patrons. Therefore, the ability to serve alcohol in conjunction with food consumption is consistent with General Plan goals and policies. 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 site is of adequate design, location, size and the characteristics of the proposed on-site sale of alcohol are compatible with the existing and future land uses in the vicinity. The zone allows for commercial uses and it is the City's goal to have successful and viable businesses within the Arrow Highway Corridor. 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 subject business is located within an existing commercial retail center located at the northeast corner of Arrow Highway and Vincent Avenue. The restaurant is permitted to seat a maximum of 75 patrons at one time. The business is located at the corner ofArrow Highway and Vincent and has both pedestrian and vehicular access from the intersection arterial corridors. 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 the permit.will be consistent with the General Plan goals and policies. The inclusion of on-site sale of alcohol will enable the owner to compete with other restaurants within the area and provide a better dining experience to its C:\Temp�XPgrpwise\PC Staff Report.doc UP-2008-02 May 28, 2008 Page 9 of 9 patrons. Therefore, the ability to serve alcohol in conjunction with food consumption is consistent with General Plan goals and policies. CONCLUSION Staff has analyzed the proposal and concludes that it merits approval subject to the recommended conditions of approval, and standard requirements. RESPECTFULLY SUBMITTED KATHERINE LAUFENBURGER, CT SENIOR PLANNER ATTACHMENTS: Exhibit A - Conditions of Approval Exhibit B - Draft Resolution Exhibit C - Police Department Memo Exhibit D - Floor Plan C\Temp\XPgrpwtse\PC Staff Re port.doc MEMORANDUM Date: March 10, 2008 To: Kim Pilmer, Assistant Planner From: Sam Gonzalez, Captain Subject: Minor Use Permit— Review for Susana's Restaurant, 1 197 W. Arrow Hwy. (MUP 2008-04) In order to respond to an application for a Minor Use Permit(MUP) at Susana's Restaurant, 1 197 W. Arrow Highway, Azusa to allow sales of beer and wine at an existing restaurant, my research of 2007 data revealed the following: 1. Susana's Restaurant is located in Reporting District (R.D.) 436 2. The City utilized 107 R.D.'s with an average of 13 Part 1 crimes per R.D. 3. The total Part I crimes for the entire R.D. was 22 4. The subject location had no reported Part I crimes 5. The subject location had six (6) calls for service; however, it appears five of them were from a pay phone outside the restaurant. 6. The R.D. had 114 Daily Reports (i.e., written criminal or non-criminal police reports), but no reports were taken at the subject location. Thirty seven (37) of these reports were issued for private property impounds at apartment complexes. This afternoon, the Chief of Police and I had lunch in the restaurant. The restaurant appeared clean, there was one other table with customers and the staff was friendly. Although the subject R.D. has a greater number of Part 1 crimes compared to the City average, it has been my experience as an Azusa Police Officer that bona fide restaurants such as Susanna's with on-sale beer and wine licenses do not typically generate the number of alcohol-related crimes as those typically associated with establishments that sell alcohol "to go" (i.e., liquor stores/mini-markets). That is, the latter establishments often result in an increase of police calls for service due to thefts of alcohol (A.K.A. "beer runs"), drinking in public, public intoxication and other alcohol-related offenses. Based on my experience and training,it is my opinion, the on-sale of beer and wine from Susanna's Restaurant in the City of Azusa would notjeopardize public safety in this area. Therefore, from the Police Department's perspective, I would recommend approval of MUP (not Cafe Entertainment Permit) based on the following site improvements: A. Install commercial grade surveillance cameras at the point of entry/exit and cashier counter(s) that are digitally recorded and maintained by the owner for a minimum of 30 days and made available to law enforcement upon request for investigative purposes. B. Minimally equip location with an audible or silent burglar alarm at all entry points monitored by a reputable alarm company in compliance with pertinent AMC requirements for alarm systems. C. Post clear signs stating it is illegal to serve alcohol to anyone under age 21; a sample is listed below and more samples are available at http://www.abc.ca.gov/FORMS/ABC617.pdf D. Require the availability of adequate parking spaces as determined by the City Building and Safety Division. Please feel free to contact me at extension 3218 if you have any questions or concerns, or if 1 can be of any further assistance. Sam Gonzalez, Captain Administrative Division Sample sign from A.B.C. Licensee Education on Alcohol and Drugs (LEAD)—Signage Requirements and Ideas for Retail Licensees Notice It Is Against State Law and Our Policy to Serve Alcoholic Beverages to Anyone under 21 Years of Age. Signed: The h-1anagement ' Itlusaalian=6 - Exhibit "B" RESOLUTION NO. 2008-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING USE PERMIT NO. UP 2008-02, A REQUEST TO PERMIT THE ON-SITE SALE AND. CONSUMPTION OF BEER AND WINE IN CONJUNCTION WITH A BONA FIDE RESTAURANT CURRENTLY IN OPERATION (SUSANA'S RESTAURANT), AT 1197 W. ARROW HIGHWAY. WHEREAS, on July 1 , 2008, Susana Gomez appealed the June 11 , 2008, Planning Commission denial of Use Permit 2008-02; and WHEREAS, the City Council of the City of Azusa, has given notice thereof as required by law, held a public hearing on the application of Susana Gomez with respect to the requested Use Permit No. UP 2008-02 to permit the on-site sale and consumption of beer and wine in conjunction with a bona fide restaurant currently in operation within a 1 ,647 square foot tenant space located at the southwest corner of the shopping center located at 1 197 W. Arrow Highway, Azusa; 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: 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.F of the Azusa Development Code, the City Council hereby approves said Use Permit No. 2008-02 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: On- site sale of alcohol in conjunction with a restaurant is permitted with a Use Permit(UP)in the Azusa Avenue Corridor zone. The Development Code sets criteria to consider for on-site sale of alcoholic beverages. The purpose of the criteria is to ensure compatibility with nearby uses. a. The nature and use of real property within 500 feet of the use, and in particular, the location of similar nearby uses and the location of residences, parks, schools, and religious facilities; The site is located at the northeast corner ofArrow Highway and VincentA venue within an existing shopping center. The requested Use Permit applies only to the subject restaurant space which is further described as a 1647 square foot tenant space located at the southwest corner of the shopping center building. Muld- family housing is located to the north and east of the site, to the south of the site is single family housinglocated in Los Angeles Countyand to the west of the site is industrial and commercial development, also located in Los Angeles County. There are no parks, school or religious facilities located within 500 feet of the subject site. b. Appropriate measures to provide proper maintenance of the building exterior, including keeping the premises free of junk, litter, and debris; The proposed use consists of a dine-in bona fide eating establishment which is not likely to generate junk, litter, or debris. c. Lighting of exterior areas, including parking lots, to discourage loitering activities outside of the buildings; Adequate lighting exists along Arrow Highway, and within the shopping center. d. Protection of persons residing on or using adjacent properties from noise, illegal activity, odors, and undue light and glare; No persons reside on the property. Persons living adjacent to the property will not be exposed to unacceptable levels of noise, odors, and light and glare, as there will be no change to the outside of the structure. e. Provision of onsite security, both inside and outside the building, to satisfy any concerns raised by the Police Department; The Police Department conducted a thorough review of the application, including a visit to the site. They concluded that approval of an ABC license for the 1,647 Square foot lease space at 1167 Arrow Highway would not jeopardize public safety in this area. Therefore, the Police Department recommended approval of the Minor Use Permit subject.to certain conditions listed in the attached Exhibit A f. Adequacy of off-street parking provided for the use; The property is located within an existing shopping cen ter thatcurrentlyhas eight (8) tenant spaces, with seven (7) currently occupied and a total of 25 on-site parkingspaces. The limitation on the number ofseats permitted in the restaurant ensures that adequate parking is provided on site. g. Hours of operation; The hours of operation permitted for the existingrestaurantare 6a.m. to 10p.m. seven (7) days a week. No changes will be made to the permitted hours of operation. h. Controls on occupancy limits inside the building and loitering outside of the building; Occupancy limits will be strictly enforced through interior signage. The nature of the business (a bona fide eating establishment) is not likely to attract loitering outside of the establishment. i. Prevention of adverse effect of the use on value of adjacent properties; The establishment of bona fide eating establishment within an exfstingshopping center will not have an adverse impact on the center and mayhelp revitalize and improve the site as a whole. j. Whether approval would result in an undue concentration of these uses, and whether public convenience or necessity would mitigate the issue of undue concentration. Undue Concentration The Development Code does not contain a standard for appropriate concentration levels of alcohol sales outlets. However, the Business and Professions Code defines undue concentrations for use by the State Department of Alcoholic Beverage Control (ABC) when reviewing applications for liquor licenses. According to Section 23958.4 of the Business and Professions Code, an undue concentration of off-sale outlets exists when either of the following is found to exist: • The ratio of on-sale retaillicenses to population in the census tractin which the premises are located exceeds the ratio of on-sale retail licenses to population in the county,- or • The applicant premises are located within a high crime according to Police Department statistics. With respect to the ratio of on-sale licenses to population, a maximum of on- sale licenses are permitted in this Census Tract before an undue concentration is determined to exist. With the applicant's restaurant, there would be 4 on-sale licenses in the Census Tract, which would be considered an undue concentration. With respect to the number of crimes, the property fs located within Crime Reporting District 436 The average number of Part I crimes per district in 2007 was 13. District 436 had 22 Part I crimes during 2007. The subject location had no reported Part I crimes and of 6 calls for service, 5 took place from a pay phone located outside the restaurant therefore are not considered to have been related to the restaurant use. The Police Department reports that while the subject reporting district has a greater number of Part I crimes compares to the CityAverage, most bona fide restaurants with on-sale beer and wine licenses do not typicaUygenerate the number of alcohol-related crimes as those typically associated with establishments that sell alcohol "to go" (i.e. liquor stores and markets). When an undue concentration is found to exist, ABC is required to deny a license unless it is shown that the public convenience or necessity would be served by the issuance'. Finding of Public Convenience or Necessity The proposed restaurantis located within theArrowHighwayCorridor(C4H). The City's goal for this district is to accommodate a wider range of retail and office uses than the other corrldor designations. The ability to serve alcohol will enable the restaurant to better compete with other restaurants within the area that provide the same service. The City's Police Department has reviewed- this request, as well as activities related to similar uses in the immediate vicinity, and has found no reason to deny the on-site sales/consumption ofalcohol as longas the owner abides by all applicable ABC regulations pertaining to sales and consumption on their premises and the conditions of approvalof this Use Permit. 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 Commercial- Mixed-Use; there is no specific plan applicable to the subject property. The proposal is consistent with the followinggoals and policies of the General Plan: Land Use Goal 3: Mzusa's corridors will be transformed into well-planned transit corridors, providing some retail and commercial opportunities in mixed-use settings. " Land Use Goal 5:Allow for and encourage the intensification of commercial uses in the corridors and in the districts to provide economic stability and to provide residents with essendalgood and services. Land Use Goal 10.• Ensure the compatibility among various types of Land Uses. Policy 10.5 Require that entertainment (including sporting), dining, and drinking establishments, and other uses characterized byhigh activitylevels provide adequate physical and safety measures to prevent negative impacts on adjacent properties The establishment of restaurant at this location has helped with the revitalization of this mixed use district. The inclusion of on-site sale of alcohol will enable the owner to compete with other restaurants within the area and provide a better dining experience to its patrons. Therefore, the ability to serve alcohol in conjunction with food consumption is consistent with General Plan goals and policies. 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 site is of adequate design, location, size and the characteristics of the proposed on-site sale of alcohol are compatible with the existing and future land uses in the vicinity. The zone allows for commercial uses and it is the City's goal to have successful and viable businesses within the Arrow Highway Corridor. 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 subject business is located within an existing commercial retail center located at the northeast corner ofArrow Highway and VincentAvenue. The restaurant is permitted to seat a maximum of 15 patrons at one time. The business is located at the corner ofArrow Highwayand Vincent and has both pedestrian and vehicular access from the intersection arterial corridors. 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 the permit will be consistent with the General Plan goals and policies. The inclusion of on-site sale of alcohol will enable the owner to compete with other restaurants within the area and provide a better dining experience to its patrons. Therefore, the ability to serve alcohol in conjunction with food consumption is consistent with General Plan goals and policies. SECTION 3: Based on the aforementioned findings, the City Council does hereby approve Use Permit No. UP 2008-02 for the property located at: 1197 W. Arrow Highway, Azusa, California. SECTION 4: The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 2"d day of September, 2008. JOSEPH ROCHA MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: VERA MENDOZA CITY CLERK Exhibit "C" Conditions of Approval — City Council 9/2/08 Case No: UP 2008-02 Address: 1197 W. Arrow Highway A.P.N.: 8619-016-035 Project: Request to permit the on-site sale and consumption of beer and wine in conjunction with a bona fide restaurant currently in operation (Susana's Restaurant). 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 Use Permit 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 or, has commenced operation of the use, for projects not requiring building permits. 2. Within 10 calendar days from the date of approval the applicart/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. 3. Use Permit UP 2008-02 shall apply only to the 1,647 square foot restaurant located at the southwest corner of the shopping center, any expansion of the restaurant into other tenant spaces shall require an amendment to the Use Permit. 4. Priorto commencementof the approved Use Permit all existing security bars,gates or grates covering door openings and store fronts shall be removed and installed on . the inside of the window, door opening or store front (Per Section 88.30.050) 5. The restaurant shall be limited to a maximum of 15 seats due to the parking constraints of the existing parking lot. At no time may the number of seats in the restaurant be increased without securing additional off-street parking spaces and obtaining approval from the Planning Division 6. All applicable Building Division and Fire Department requirements shall be met at all times. 7. All uses shall be in substantial conformance with the approved plot plan and elevations. 8. Parking of vehicles on areas other than paved surfaces or in garages is prohibited. 9. Landscaping shall be adequately maintained at all times including, but not limited to, irrigation, weeding, and/or replacement when necessary. 10. 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. 11. Applicant shall provide and maintain a litter receptacle outside of the business and PAI!Planning%Entitlements114-Use Permifi2008tUP 2008-02 1197 W.Arrow Hw�ACC Conditions of Approval 9�2-08.doc UP 2008-02 September 2, 2008 Page 2 of 3 be responsible for keeping the receptacle and the area around it clean and free of excess trash or debris at all times. 12. Business hours of operation shall not exceed 6 a.m. to 10 p.m. 13. All requirements of the State Department of Alcoholic Beverage Control(ABC)shall be met at all times. Should the ABC license be revoked, the subject Use Permit shall automatically be scheduled for revocation. 14. No advertising of alcoholic beverages shall be displayed on the exterior of the building or the exterior of the site. 15. Alcoholic beverages shall not be sold to any person under21 years of age. 16. The owner and manager of the restaurant shall attend the Department of Alcoholic Beverage Control License Applicant Training (LEAD) training class within one (1) year of approval of Use Permit UP 2008-02. The City may require proof of attendance and completion of LEAD training class. Any new owners or managers of . the restaurant shall attend the LEAD class within three months of obtaining a business license to operate the facility. 17. 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. 18. 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 attorneys' fees and other reasonable costs incurred by the City in defending such action or proceeding. 19. 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. 20. Any changes to the conditions listed above must be approved by the Planning Commission. B. All requirements of the Community Improvement Division shall be met, including but not limited to the following: 1. The parking lot shall be striped to meet all City requirements. 2. All current code violations shall be abated and the site shall be maintained and kept in compliance with code requirements at all times. (RX1 PlanninglEntitlements114-Use PermifQO081UP 2008-02 1197 W.Arrow Hwy1CC Conditions of Approval 32-08.doc UP 2008-02 September 2. 2008 Page 3 of 3 C. All requirements of the Police Department shall be met, including but not limited to the following: 1. The owner shall abide by all applicable Alcoholic Beverage Control (ABC) regulations pertaining to sales and consumption on the subject premises. 2. The owner shall install commercial grade surveillance cameras at the point of entry/exit and cashier counter(s) that are digitally recorded and maintained by the owner for a minimum of 30 days and made available to law enforcement upon request for investigative purposes. 3. Minimally equip location with an audible or silent burglar alarm at all entry points monitored by a reputable alarm company in compliance with pertinent AMC requirements for alarm systems. 4. Post clear signs stating it is illegal to serve alcohol to anyone underage 21. contact the Police Department for signage requirements. 5. Require the availability of adequate parking spaces as determined by the City Planning Division. rP:11Planning\Entitlennents114-Use Pe"It120081UP 2008-02 1197 W.Arrow HwytCC Conditions of Approval 9-2-08.doc F *oioa�`0" ovr4 CP i AGENDA ITEM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: KURT CHRISTIANSEN, AICP ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, CITY MANAGER DATE: SEPTEMBER 2, 2008 SUBJECT: ANNUAL METROPOLITAN TRANSPORTATION AUTHORITY (MTA) CONGESTION MANAGEMENT PROGRAM (CMP) LOCAL DEVELOPMENT REPORT RECOMMENDATION: Staff recommends that the City Council adopt the 2008 Local Development Report and self- certification resolution. BACKGROUND: The Congestion Management Program (CMP) was mandated as a result of a voter-approved initiative (Proposition 111) in 1990 and establishes requirements for every city in Los Angeles County. The CMP requires all cities and counties to adopt measures designed to reduce traffic congestion in the region. The state legislature required the MTA to annually monitor local jurisdictions and determine that they are in compliance with the CMP. A self-certification process was established by the MTA to simplify the process for both the local jurisdictions and the MTA. In June of 1994, the City's Planning Division began tracking development projects pursuant to the CMP Deficiency Plan process. The MTA had implemented a system of debits and credits that assign point values to development projects (debits) and congestion relief/transportation improvement measures (credits). The purpose of this system was to make local governments aware of, and responsible for, the traffic congestion and air quality consequences of their land use decisions. Local governments were required to balance their debit and credit points on an annual basis. Failure to comply with the CMP requirements could result in the loss of the City's Section 2105 gas tax money—approximately $330,000 in FY 2008 - 2009. Since the inception of the CMP, the City has been able to maintain a positive credit balance. The balance was arrived at by subtracting the debit points for new construction from credit points. CMP LDR 2008 September 2, 2008 Page 2of2 The credit points included the sum of the current year credit claims and adjustments (demolition) and any credit carryover from previous years. In the past, credit points were received when a city implemented a transportation improvement or mitigation project from the CMP "Toolbox of Strategies" such as the construction of the San Gabriel Canyon Road median improvements, the City website and the City's transit fare subsidy program. In August 2003, the MTA Board adopted the 2003 Short Range Transportation Plan. As one of the elements of this plan, the Board directed MTA staff to conduct a Nexus Study to determine the feasibility of implementing a countywide impact fee to meet CMP Deficiency Plan. While this study is underway, the CMP Countywide Deficiency Plan requirement for maintaining a positive credit balance is suspended. As a result, the cities do not have to report their transportation improvement strategies for the 2008 cycle (credits). However, cities must still continue to report their new net development activity (debits) just as in prior years. Although cities are required to report any net development activity, neither the debits accrued from the development activity nor any credits earned will be allocated to the cities. All credit/debit balances for the cities are temporarily frozen at the 2003 levels. Attached is a copy of the City's 2008 Local Development Report and Deficiency Plan Summary for the reporting period of June 1, 2007 to May 31, 2008. This report documents the number of residential dwelling units constructed (113 single-family and multi-family units), the square footage of commercial/industrial construction (122,840 square feet) and any demolition that occurred in the City (New Development Adjustments — 3 residential dwelling units and 72,470 square feet of non-residential buildings). With the approval of the attached report and the accompanying Resolution, the City will be in compliance with the Congestion Management Program requirements of the MTA. FISCAL IMPACT: Compliance with the Congestion.Management Program requirements of the MTA will insure that the City will continue receiving its gas tax money without penalties. ATTACHMENTS: Resolution 2008 CMP Local Development Report and Deficiency Plan Summary RESOLUTION NO. A RESOLUTION OF THE CITY OF AZUSA, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 WHEREAS, CMP statute requires the Los Angeles County Metropolitan Transportation Authority ("LACMTA"), acting as the Congestion Management Agency for Los Angeles County, to annually determine that the County and cities within the County are conforming to all CMP requirements; and WHEREAS, LACMTA requires submittal of the CMP Local Development Report as close to September 1 of each year as possible; and WHEREAS, the City Council held a noticed public hearing on September 2, 2008. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City has taken all of the following actions, and that the City is in conformancewith all applicable requirements of the 2004 CMP adopted by the LACMTA Board on July 22, 2004. By June 15, of odd-numbered years, the City will conduct annual traffic counts and calculated levels of service for selected arterial intersections, consistent with the requirements identified in the CMP Highway and Roadway System chapter. The City has locally adopted and continues to implement a transportation demand management ordinance (Azusa City Ordinance ##93-09), consistent with the minimum requirements identified in the CMP Transportation Demand Management chapter. The City has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program chapter. The City has adopted a Local Development Report, attached hereto and made a part hereof, consistent with the requirements identified in the 2004 CMP. This report lists traffic congestion impacts due to growth within the City and demonstrates that the City is meeting its responsibilities under the Countywide Deficiency Plan consistent with the LACMTA Board adopted 2003 Short Range Transportation Plan. r SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution to the Los Angeles County Metropolitan Transportation Authority. ADOPTED this 2A day of September, 2008. JOSEPH ROCHA, MAYOR I HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 2"d day of September, 2008, by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk APPROVED AS TO FORM: City Attorney i/ CITY OF AZUSA Date Prepared: August 26,2008 2008 CMP Local Development Report Reporting Period: JUNE 1, 2007 - MAY 31, 2008 Contact: Susan Cole, Economic and Community Development Department Phone Number: 626-812-5226 CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES COUNTY 11 : DEFICIENCY PLAN . - ' IMPORTANT: All 'Waluel" cells on this page are automatically calculated. Please do not enter data in these cells. DEVELOPMENT TOTALS RESIDENTIAL DEVELOPMENT ACTIVITY Dwell'n Units Single Family Residential 30.00 Multi-Family Residential 80.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY 1,000 Net Sq.Ft' Commercial (less than 300,000 sq.ft.) Commercial (300,000 sq.ft. or more) 0.00 Freestanding Eating & Drinking 0.00 NON-RETAIL DEVELOPMENT ACTIVITY 1,000 Net Sq.Ft= Lodging 0.00 Industrial 1.50 Office (less than 50,000 sq.ft.) 0.00 Office (50,000-299,999 sq.ft.) 0.00 Office (300,000 sq.ft. or more) 0.00 Medical 0.00 Government 5.33 InstitutionaltEducational 93.00 University (#of students) 0.00 OTHER DEVELOPMENT ACTIVITY Daily Trips ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 EXEMPTED DEVELOPMENT TOTALS Exempted Dwelling Units 0 Exempted Non-residential sq. ft. (in 1,000s) 0 1.Note:Please change dates on this form for later years. Section;, Page 1 2.Net square feet is the difference between new development and adjustments entered on pages 2 and 3. s — cr. - cgUPORF�• . SCHEDULED ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: F.M. DELACH, CITY MANAGER , V,4 DATE: SEPTEMBER 2, 2008 G� SUBJECT: A RESOLUTION OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD "BORROW" LOCAL GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS RECOMMENDATION It is recommended that the City Council approve a resolution opposing fiscally irresponsible state budget decisions that would"borrow" local government, redevelopment, and transportation funds. BACKGROUND With the huge budget deficit California is faced with, it is no real surprise that the State of California has missed the Constitutional deadline of July 1, 2008 to pass a state budget. On August 20, the Governor held a special press conference to unveil a compromise budget. The Governor's compromise budget included additional cuts, new revenues in the form of a temporary sales tax increase, budget reform, and expansion of the rainy day fund as well as economic stimulus mechanisms. Unfortunately, this plan did not muster enough votes to pass. While both sides continue to negotiate how to fix the state's budget dilemma, neither side, Republicans or Democrats seem willing to budge enough on increasing revenues and/or decreasing expenditures so far. In fact, there are budget plans being discussed in Sacramento that rely heavily on borrowing. SUMMARY California voters passed measures in 2004 and 2006 to stop the practice of taking local government funds to finance the state budget. However, as you may recall, both measures allow the Governor to declare a "severe state of fiscal hardship" and "borrow" these funds if they are repaid in three years with interest. Thus far,the Governor and Senate Pro Tem Don Perata continue to firmly oppose such plans. Unfortunately, there are no such protections for redevelopment funds. Redevelopment may be California's most important program for creating high quality construction jobs, making investments that help reduce greenhouse gas emissions, and in supporting the economic recovery that is so vital to the long-term fiscal health of our state government. It is important that these funds remain in local control to help communities get through these trying economic times. Staff recommends the City Council let the legislators in Sacramento hear how important these funds are to the City of Azusa and to stand firm and not "borrow" local funds by passing the attached resolution. FISCAL IMPACT There is no fiscal impact associated with passing this resolution. RESOLUTION NO. A RESOLUTION OF THE CITY OF AZUSA OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD "BORROW" LOCAL GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS WHEREAS, on July 1, 2008 the State Legislature missed its Constitutional budget deadline; and WHEREAS, both the Governor and the Legislative Budget Conference Committee have recommended balanced budgets without resorting to "loans" or seizures of local government property tax, redevelopment tax increment and transportation sales tax funds; and WHEREAS, in 1952 the voters of California approved Article XVI, Section 16 of the California Constitution, providing for tax increment financing for community revitalization—not balancing the state budget, and the voters never authorized the legislature to take or "borrow" community redevelopment funds for state programs; and WHEREAS, in 2004 by an 84% margin of approval the voters of California approved Proposition IA and sent a loud and unambiguous message to state leaders that they should stop the destructive and irresponsible practice of taking local government funds to finance the state budget and paper over the state deficit; and WHEREAS, in 2006 by a 77% margin of approval the voters of California also approved Proposition 1A, providing similar protections to transportation funding for state and local transportation projects, including important street maintenance and public transit programs; and WHEREAS, both ballot measures allow the Governor to declare a "severe state of fiscal hardship" and "borrow" these funds if they are repaid in three years with interest, but the Governor believes it would be irresponsible to "borrow" such funds because it would deepen the state's structural deficit and cripple local government and transportation services; and WHEREAS, refusal by the Legislature to meet its constitutional obligation to compromise on a balanced budget is not a "severe state of fiscal hardship" and would not justify reductions in critical local services, community revitalization programs and infrastructure maintenance at a time when cities are struggling to balance their own budgets during this economic down turn; and WHEREAS, city investments in infrastructure, affordable housing and basic public safety and other community services will create needed jobs and speed our economic recovery; and WHEREAS, the Legislature should balance the state budget with state revenues and respect the overwhelming support of voters for not using local property taxes, redevelopment tax increment and transportation sales tax funds to fund the day-to-day operating cost of state programs; and WHEREAS, it would be the height of fiscal irresponsibility to paper over the state structural deficit with more borrowing, and Californians deserve state leaders who will tell them honestly what needs to be done to produce a balanced budget; and WHEREAS, it is time for the state of California to cut up its local government credit cards and deal with the budget deficit in a straightforward way. Balance the state budget with state funds. NOW, THEREFORE, BE IT RESOLVED, that the City of Azusa hereby opposes any and all efforts by state government to "borrow" or seize local tax funds, redevelopment tax increment and transportation sales tax funds by the state government to finance state operations. Such a move would be fiscally irresponsible for the state and hamper effective local services and infrastructure investments. RESOLVED FURTHER, that the City Manager is hereby directed to send this resolution and communicate this Council's strong and unswerving opposition on this matter to our Legislators and the Governor along with an expression of our continued appreciation for the Governor's and any supportive legislators' steadfast opposition to further borrowing or seizure of these funds. APPROVED this 2nd day of September, 2008. Joseph R. Rocha, Mayor I HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the.2nd day of September, 2008, by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk APPROVED AS TO FORM: City Attorney a C1 �' �[ifntit!`� CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY,AUGUST 4,2008—6:30 P.M. The City Council of the City of Azusa met in regular session at the above at, and time in the Azusa Auditorium,located at 213 Fast Foothill Boulevard,Azusa,CA,91702. CEREMONIAL Ceremonial Certificates of Recognition to Team Captains of the American Cancer Society Relay for Life Fundraiser Cert of Recog were presented as follows: Edith Russek, Laurie Wray, Robin Russek, Ryan Russek, Fred Marquez, Cancer Society Yolanda Pena,Yolanda Bazonier and Lupe Chagolla.Mrs.Betty Donnelson was not present to receive her Relay For Life certificate but appreciation is expressed to her for all the hard work and dedication she so unselfishly displayed. Certificates of Recognition were presented to Azusa Boxing Club members Joet Gonzales, Jousce Cert Azusa Gonzales, and Jahim Gonzales, for achieving the Championship of the 2008 Desert Showdown World Boxing Amateur Boxing. Joet Gonzales also achieved the championship at the 2008 Jr.Olympics. Club CLOSED SESSION Closed Sess Mr.Tom Wulf of Lowe Enterprises addressed Council stating that they wished to move forward with the T.Wulf development(Block 36). Lowe Ent The City Council recessed to Closed at 6:49 p.m.to discuss the following: Recess 1. REAL PROPERTY NEGOTIATIONS(Gov.Code Sec 54956,S) Address: 152 E.Foothill Boulevard, 100 E.Foothill Boulevard,614-640 N.Azusa Real Prop Neg Avenue, Azusa,CA 91702 152 E.Foothill Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff 100 E.Foothill Negotiating Parties: LOWE Enterprises Real Estate Group - 614-640 Azusa Under Negotiation: Price and Terms of Payment 2. REAL PROPERTY NEGOTIATIONS(Gov.Code Sec 54956 81 Real Prop Neg Address 800-802 N. San Gabriel Ave., 809 N.Azusa Ave,and 110-190 W.9th St., 800-802 San Gab Azusa 110-190 W.9th Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties:Target Inc. Under Negotiation: Price and Terms of Payment - - 3. REAL PROPERTY NEGOTIATIONS(Gov.Code Sec 54956.8) Real Prop Neg Address: 830 North Azusa Avenue(APN 8608-025-013),Azusa,CA 91702 830 Azusa Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Ms.Donna Matsen Under Negotiation:- Price and Terms of Payment 4. REAL PROPERTY NEGOTIATIONS(Gov.Code Sec 54956.8) Real Prop Neg Address: 150 West 9th Street(APN8608-024-903),Azusa,CA 91702 150 W 9 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: E&T Foods,Inc.(Aver Iglesias) Under Negotiation: Price and Terms of Payment 5. REAL PROPERTY NEGOTIATIONS(Gov.Code Sec.54956.8) Real Prop Neg Address: . 17511 East Arrow Highway(APN 8621-024-001),Azusa,CA 91702 17511 Arrow Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Hwy _ Negotiating Parties: Fowler Family Trust Under Negotiation: Price and Terms of Payment 6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION(Gov.Code Sec.54957) Pub Emp Eval Title: City Manager City Manager 7. CONFERENCE WITH LABOR NEGOTIATOR(Gov.Code Sec.54957.6) Cord w/Labor Agency Negotiators: Administrative Services Director-Chief Financial Officer Kreimeier Neg AMMA Organizations AMMA and ACEA &ACEA The City Council reconvened at 7:37 p.m. City Attorney Carvalho advised that there was no reportable Reconvened action taken in Closed Session,but that they would reconvene at the conclusion of the public meeting to City Attorney complete the discussion. Mayor Rocha called the meeting to order. Call to Order Ms.Yessica Martinez led in the Salute to the Flag. Flag Salute INVOCATION was given by City Manager Delach Invocation ROLL CALL Roll Call PRESENT: COUNCH.MEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA • - ABSENT: COUNCR.MEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Attorney Hull, City Manager Delach, Assistant City Manager Makshanoff, Police Chief Garcia, Public Information Officer Quiroz, Director of Utilities Hsu, City Engineer Hassel, Director of Economic and Community Development Christianson,Administrative Services Director-Chief Financial Officer Kreimeiey Senior Planner Cole,Director of Public Works/Assistant City Manager Haes, Tierra West Consultant Ometeotl,City Clerk Mendoza,Deputy City Clerk Toscana. - CEREMONIAL(CONTINUED) Ceremonial Mr. Scott Kelly, Director of Community and Government Relations of L.A. Country Fair announced S.Kelly "Azusa Day at the Fair"2008. Mayor Rocha presented a proclamation to Mr.Kelly,proclaiming Friday, Proc Sept.26th as Azusa Day at the L.A.Co.Fair. PUBLIC PARTICIPATION Pub Part Mr.Mike Lee addressed Council regarding the following: Congrats to all who received certificates,Jakes M.Lee Hot Dogs—Sports Night,being a business friendly City,Korean Armistice Day celebration,and City Hall Comments on the Move. Ms.Gloria Calderon of the Azusa Golden Days Committee announced that the Civic Grand Marshall will G'Calderon be Ron White, and Grand Marshall will be Sheriff Lee Baca. Other members in attendance, i.e. Joe Comments - Guarrem,Peggy Martinez,Art Ramirez,and Sylvia Contreras displayed the new Golden Days t-shirts. Ms. Suzanne Avila of California Resource Connections addressed Council staling that there have been S.Avila mountain lion sightings in the northern areas of Azusa;she referred residents to keepmewild.org in order to Comments - educate themselves on how to live with wild life; she also mentioned the DVD Living on the Edge and asked that it be placed on local cable television. . Mr.Nick Rosales addressed Council in favor of the proposed resolution condemning actions of the MTA N.Rosales Board and suggested that the East San Gabriel Valley create a Blue Ribbon Committee to seek alternative Comments funding through private sector,come up with a plan to match funds,create a unique enterprise,and not wait for MTA. Ms. Diana Williams, Na ha Pb D.Williams p yakul Quach, and Elisa Morgan of the Human Relations Commission addressed Council announcing the second annual Lead in Harmony Conference to be held jointly with the HRC AUSD, the Rotary Club and the HRC, on September 25'and October 2n°of 2008. She announced that there is a need for funding the conference in the amount of$12,000; residents can send donations to: Rotary Club of Azusa at P.O.Box 65,Azusa,91702 or call the Human Resources Commission at 626 812- 5133. 08/04/08 PAGE TWO - - Mr. Art Morales addressed Council noting that other applications were filed when Jakes received its A.Morales ?funding; there were 15 letters in protest of a twenty four hour drive thin at T-Burgers; he thanked Comments Councilmember Macias for serving in the Navy; asked if it is possible to fund free swim with LivingWise funds;and that they make sure to receive all information on the Health Center. REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Rpts/Updates Councilmember Hanks responded to questions regarding the Gold Line stating that the State is considering Hanks sales tax matching legislation out forward by Senator Feuer,and matching legislation by MTA for a%n cent Response to sales tax to fund transit projects. He asked the Legislators to require the MTA Board to go after the$320 Question Million by funding the local match. City Manager Delach responded that LivingWise funding cannot be used to fund free swim and the Utility City Mgr Department is working on a report regarding the subject. Comments Moved by Mayor Pro-Tem Carrillo, seconded by Councilmemher Gonzales and unanimously carried to August W Mtg cancel the City Council meeting of the August 18'". Cancelled Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried to Proc A.Ochoa approve a proclamation for Ms.Angie Ochoa in celebration of her 80th birthday. 80'Birthday Councilmember Camillo wished all a safe rest of the summer, reminding all to utilize the local pool,and Carrillo library,senior center,recreation as they are cooling centers. Comments Comcilmember Hanks thanked members of the City Council for acting on the urgency response to the Hanks MTA and Gold Line issue, stated that San Gabriel Valley has unified as a result. He noted that transit Comments projects are needed but all should be treated fairly. Councilmember Macias requested that the traffic left tum fight signal at Foothill and Orange be checked for Macias synchronization as it changes too quickly.-He thanked the Golden Days Committee for the hard work. Comments Councilmember Gonzales reminded all that Tuesday,August 05, 2008,is National Night Out all over the Gonzales Country where neighbors get together to get to know each other in order to deter crime. He thanked the Cumments pool lifeguard staff for their work when the Gladstone football players and cheer leaders had an event at the pool. Mayor Rocha asked that the meeting be adjourned in memory of Johnny Cortez and Benjamin "Berry" Rocha Wilson; he announced Concerts in the Parks as follows: August 76 Porkchop Tom,August 141°Average Comments Latin Band August 21" Wiseguys Big Band, and August 281h Son Mayor, announced fundraiser for- Military Assistant Program,August 23id at the VFW, $16.00 per person,proceeds for Veterans returning from Iraq.On Saturday,August 9 there will be a meeting at Edgewood Shopping Center at 7 a.m.with the Day Laborers referring them to the Day Labor Site. SCHEDULED ITEMS - Sched Items PUBLIC HEARING—TARGET PROJECT TENTATIVE TRACT MAP TTM 070189,ZONING CODE Pub Hig AMENDMENT ZCA 228, ZONE CHANGE Z-2008-01, USE PERMIT UP-2008-08, MODIFICATION Target Project OF CONDITIONAL USE PERMIT C-99-16,DESIGN REVIEW DR-2007-65. Director of Economic and Community Development Christianson introduced the Target Project,and Senior Dr Economic Planner Susan Cole who provided the report. Com Dev Senior Plamter Cole presented the proposal stating that it is for a unique Target which is two story. The Sr.Plamer that floor consists of 420 parking spaces, the loading with entry from San Gabriel and exit on Azusa S.Cole Avenue, loading dock will face the Metro Gold Line Foothill Extension right of way and the entry is Presentation focused on Azusa Avenue and the Metro Gold Line right of way. There will be double escalators, an . elevator to the second floor will lead to the 159,000 square foot store,a unique cart escalator, and a cart locking system; she stated that Target representatives have worked with residents and staff to create the unique Target for Azusa. The applications for the project include an Environmental Impact Report, Tentative Tract Map which is required to combine the existing four lots into one developable lot, Zone Code Amendment to allow an alternative development for the project, Use Permit to allow retail over 50,000 sq ft, modification to existing CUP to allow sale of beer and wine, and a design review for the Target design store. There are findings of fact and based on that staff is recommending approval. Director of Economic and Community Development Christianson advised that the environmental impact Dr Economic report has to be certified and noted that the air quality factor could not be reduced to a level of Com Dev - insignificauce,but that is common throughout the San Gabriel Valley. - Comments 08/04/08 PAGE THREE City Attorney Carvalho responded to question regarding the Air Quality portion and the use of proposed City Attorney Metro Gold Line Foothill Extension light mil transit line opening date in 2012 and the uncertainty of that Comments 5 date,stating that they would use that date unless there is evidence in the record that this will not occur. The Mayor declared the Hearing open. The City Clerk read the affidavit of Proof of publication July 24ib in Hrg Open the Azusa Herald - Mr. Eric Pageant, and other Target Representatives, provided a presentation detailing the Target E.Pageant Corporation core values,investment in the community,project area,proposed project,renderings of the site Target plan, elements of design, strectscape amenities, landscape, lighting, security, and truck deliveries; they Representatives responded to questions regarding life of the building (60 years), trash enclosures, screening, audio able noise backup trucks,shopping carts,plants,trees,and outdoor light fixtures. City Clerk Mendoza read the following into the record from Planning Commissioner Jorge Rosales: As a Correspondence resident of Azusa and a Member of the Planning Commission, I'm in support of approval of all six J.Rosales resolutions in connection with the Target Project, specially the two resolutions which were not approved - during the 07/23/08 Planning Commission meeting for which I was absent due to illness: 1)An Overlay Zone that amends development standards for the subject property (ZCA 228-& Z-2008-01); 2) Design Review to allow construction of a 159,000 square foot retail department store(DR 2007-65) Mr.Mike Lee addressed the Hearing in favor of the project. M.Lee Mr. Greg Ahern addressed the Hearing in favor of the project, but expressed concerns regarding the G.Ahem shopping cart system and suggested that an alternative plan be in place and expressed concern about traffic Comments pre-emption in the areas of Azusa,Ninth,San Gabriel and Foothill Boulevard and Azusa Avenue. Mr. Art Morales addressed the Hearing in favor of the project and expressed concern regarding the A.Morales pharmacy transition,and grocery store suggesting the city supply a shuttle to another market. - Comments Ms.Peggy Martinez addressed the Hearing in favor of Target project. P.Martinez Ms.Robin Russek addressed the Hearing in favor of the project. R.Russek City Manager Detach responded to concerns regarding the signature event, Golden Days Parade, stating City Mgr that the area for competition could be moved northerly or southerly which will be in the same proximity. Rocha& - Mayor Rocha commented on the oak trees on San Gabriel stating that the Urban Forester Montes advised Hanks that that the existing trees are not in good health. Councilmember Hanks questioned the width of the street Comments and other clarifications regarding diagonal parking and measuring the right a way. Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Gonzales and unanimously carred to Hrg Closed close the Public Hearing. Additional question and answer session ensued regarding more trash receptacles, customer projection, Add'l question conservation plumbing fixtures, two way traffic, addition of language on page 10 regarding resurface all and answer damage on Azusa and Ninth to add "and any other street damaged during construction of this project". session Councilmembers thanked Target Representatives for their vision for the City of Azusa. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,CERTIFYING Res.08-067 THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TARGET Crtfyg EIR DEVELOPMENT PROJECT AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE Target CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING Project CONSIDERATIONS,AND A MITIGATION MONITORING AND REPORTING PROGRAM 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: COUNCILMEM13ERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCI,MEMBERS: NONE - ABSENT: COUNCI,MEMBERS: NONE Mayor Pro-Tem Carrillo offered an Ordinance entitled:. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING 1"Rdg Ord PORTIONS OF THE AZUSA ZONING CODE AND DEVELOPMENT CODE CONCERNING THE Amending DOWNTOWN NORTH B TARGET OVERLAY ZONE AND PROPERTY BOUNDED BY AZUSA Zoning Code AVENUE,NINTH STREET, SAN GABRIEL AVENUE AND THE METRO GOLD LINE FOOTHILL Target Project EXTENSION RIGHT-OF-WAY - 08/04/08 PAGE FOUR - Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to 7 waive further reading and introduce the proposed ordinance. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,APPROVING Res.08-C68 TENTATIVE TRACT MAP TTM 070189 TO CONSOLIDATE FOUR COMMERCIAL PARCELS Appvg Tentative LOTS (APN's 8608-24900; -902; -903;--904) INTO ONE COMMERCIAL PARCEL IN THE DTV Tract Map (DOWNTOWN TRANSIT VILLAGE), BOUNDED BY AZUSA AVENUE, NINTH STREET, SAN Target Project GABRIEL AVENUE AND THE METRO GOLD LINE FOOTHILL EXTENSION RIGHT-OF-WAY (APN's 8608-24-900;-902;-903;-904)AZUSA,CALIFORNIA 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: COUNCII.MEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilmember Hanks offered a Resolution entitled: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,APPROVING Res.08-C69 USE PERMIT UP 2008-08 ALLOWING A GENERAL RETAIL USE WITH OVER 50,000 SQUARE Appvg Use FEET OF FLOOR AREA IN THE DTV(DOWNTOWN TRANSIT VILLAGE)ZONE,LOCATED AT Permit 809 N.AZUSA AVENUE,AZUSA,CALIFORNIA Target 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 Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,APPROVING Res,08-070 A MODIFICATION TO CONDITIONAL USE PERMIT C-99-16 TO ALLOW THE SALE OF BEER Appvg AND WINE FOR OFF-SITE CONSUMPTION AT THE PROPOSED TARGET DEPARTMENT Modification STORE,LOCATED AT 809 N.AZUSA AVENUE,AZUSA,CALIFORNIA Conditional Use Permit Moved by Councilmember Hanks, seconded by Mayor Pro-Tem Carrillo to waive further reading and Target 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 Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,APPROVING Res.08-071 DESIGN REVIEW DR-2007-65 FOR THE CONSTRUCTION OF A 159,000 SQUARE FOOT TARGET Appvg Design DEPARTMENT STORE IN THE DTV (DOWNTOWN TRANSIT VILLAGE) ZONE, LOCATED AT Review 809 N.AZUSA AVENUE,AZUSA,CALIFORNIA Target Moved by Councilmember Hanks, seconded by Mayor Pro-Tem Carrillo to waive further reading and Store adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The City Council recessed at 9:25 P.M.and reconvened at 9:35 P.M. City Manager Delach provided a tentative schedule for the Target project as follows: Disposition and City Mgr - Development Agreement by October or November; purchase of site— early December; close of escrow Comments _ January- March; soil remediation—March—June;demolition—April—June;begin construction August 09,and open for business July 2010 and the latest October 2010. 08/04/08 PAGE FIVE PUBLIC HEARING-APPEAL BY SUSANA GOMEZ- 1197 ARROW HIGHWAY. Moved by Mayor Pub Hrg - Pro-Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to continue the Public Appeal S.Gomez S Hearing to the meeting of Tuesday,September 2,2008. - continued 9/2 AMENDMENT .OF THE 2008/09 CAPITAL IMPROVEMENT PLAN - PROPOSITION 1B Amend CIP DISBURSEMENT. Prop IB Director of Public Works/Assistant City Manager Haes addressed the issue stating that the recommendation T.Haes is to amend the 2008/2009 Capital improvement Plan to include the$782,341.28 that the City of Azusa is Comments scheduled to receive in Proposition 1 B funding. The City will use the funds for the reconstruction Foothill Blvd; it will be added to the$440,000 already budgeted for that project and staff is working with the City of Irwindale to coordinate both projects in order to minimize impact to commuters. He responded to questions posed by Councilmembers. Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Hanks and unanimously carried to Amend CIP amend the 2008/2009 Capital Improvement Plan to reflect Proposition 1B as an additional funding source Approved for CIP#66109F-"Reconstruction of Foothill Blvd." CONSIDERATION OF THE FOLLOWING RESOLUTIONS: 1) CONDEMNING THE ACTION OF Proposed Resos THE MTA BOARD IN THEIR FAILURE TO FUND THE METRO GOLD LINE FOOTHILL re: MTA&Gold EXTENSION PROJECT AND SEEKING LEGISLATIVE ACTION REQUIRING THE MTA TO Line Foothill PROVIDE LOCAL MATCHING FUNDS TO PURSUE$320 MILLION IN FEDERAL FUNDING FOR Extension THE PROJECT. 2) OPPOSING THE METROPOLITAN TRANSPORTATION AUTHORITY PROPOSED SALES TAX MEASURE UNLESS AMENDED TO FULLY FUND THE METRO GOLD LINE FOOTHILL EXTENSION PROJECT SETTING DEFINITE SCHEDULES FOR PROJECT FUNDING. City Manager Detach addressed the issue stating that Councilmembers Hanks and Macias had indicated at City Mgr a recent Utility Board meeting the desire to oppose action taken by the MTA Board with regard to Gold Comments Line Foothill Extension Project. Councilmember Hanks offered a Resolution entitled: - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res.08-C72 CONDEMNING THE ACTION OF THE MTA BOARD IN THEIR FAILURE TO FUND THE METRO Condemning GOLD LINE FOOTHILL EXTENSION PROJECT AND SEEKING LEGISLATIVE ACTION Action MTA REQUIRING THE MTA TO PROVIDE LOCAL MATCHING FUNDS TO PURSUIT$320 MILLION IN Board - FEDERAL FUNDING FOR THE PROJECT. Moved by Councilmember Hanks, seconded by Councilmember Macias 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 Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, OPPOSING Res.08-073 THE METROPOLITAN TRANSPORTATION AUTHORITY PROPOSED SALES TAX MEASURE Opposing UNLESS AMENDED TO FULLY FUND THE METRO GOLD LINE FOOTHILL EXTENSION MTA proposed PROJECT SETTING DEFINITE SCHEDULES FOR PROJECT FUNDING. Sales Tax Measure unless Moved by Councilmember Hanks, seconded by Councilmember Macias to waive further reading and Fully fund Gold adopt. Resolution passed and adopted by the following vote of the Council: Line Extension AYES: COUNCILMEMBERS: GONZALES,CARRI.LO,MACIAS,HANKS,ROCHA - NOES: COUNCILMEMBERS: NONE . ABSENT: COUNCILMEMBERS: NONE APPROVAL OF 1)A RESOLUTION OF THE CITY COUNCIL FINDING THAT THE DISPOSITION Proposed Sale OF REAL PROPERTY LOCATED AT 150 NORTH AZUSA AVENUE IDENTIFIED VIA Azusa Medical ASSESSOR'S PARCEL NUMBERS: 8611-031-1900, ("SUBJECT PROPERTY") IS IN Clinic CONFORMANCE WITH THE GENERAL, PLAN. 2) A RESOLUTION OF THE CITY COUNCIL REGARDING THE SALE OF THE AZUSA MEDICAL CLINIC(150 NORTH AZUSA AVENUE)TO EL PROYECTO DEL BARRIO PURSUANT TO GOVERNMENT CODE SECTION 37420 ET. SEQ. AND SETTING A PUBLIC HEARING TO HEAR PROTESTS TO THE PROPOSED SALE. Director of Economic and Community Development Christianson addressed the issue presenting the Dir Economic proposed sale of 150 N.Azusa to EI Proyecto Del Barrio which operates a health center at that location &Community and will continue to provide health services to Azusa residents. - Dev Comments 08/04/08 PAGE SIX He stated that the proposed sale stipulates that it must operate as a health clinic as a condition of ownership Comments %via restrictive use covenants and the purchase would allow them to finance repairs and upgrade the site and continued equipment. Lengthy discussion was held between Councihnembers, Staff and the City Attorney's regarding deed Lengthy restrictions (if it ceases to operate as a health center it would revert back to the heirs), contents of the Discussion purchase and sale agreement,ability to repurchase property if it ceases to operate as a health center,would sale violate deed restrictions, lifelong restrictions, subleasing historically and now, basis for securing federal funding and ownership stipulation,specific wording of the deed regarding restrictions,purpose of subject item, loss of control of the property, and the need to discuss with potential property owners to request additional information. Moved by Councilmember Macias, seconded by Councilmember Hanks and unanimously carried that the Item referred item be brought back to another meeting in order to receive additional information and answers to to another mtg questions posed. The CONSENT CALENDAR consisting of Items D-I through D-12 was approved by motion of Consent Cal Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried with the Approved exception of item D-11,which-was considered under the Special Call portion of the Agenda. 1. The minutes of the regular meeting of July 21,2008,were approved as written. Min appvd 2. Human Resources Action Items were approved as follows: - HR Action Items Merit Increase and/or Regular Appointments: J. Barnes, S. Chapman, B. Donnelson, M. Sencion,and M.Moore. New Appointment: C.Davis,Street Maintenance Worker I. 3. Amendment to the existing B/R Partners agreement, extending it to June 30, 2009, was approved Amend Agmt and the Mayor was authorized to sign the amended agreement. WHIR Partners 4. The First Amendment to Agreement regarding Chamber of Commerce Funding and Support Chamber of between the City of Azusa and the Azusa Chamber of Commerce (the "Amendment"), was Commerce Agmt approved as follows: 1) extends the Agreement one additional year through June 30, 2009; 2) -1"Amend . authorizes the City's contribution amount of$88,200 for FY 2008/09; and 3) restates the terms of Self-Sufficiency of the Chamber. 5. The City Treasurer's Report as of June 30,2008 was received and filed. Treas Rpt 6. The award of a contract to David Evans & Associates in an amount not-to-exceed $25,000 for David Evans landscape architectural services,was approved. Landscape Arch 7. Staff was authorized to solicit Notice Inviting Bids(NIB)for the Memorial Park Roof Replacement NIB Mem Pk Project. Roof Replace 8. A contract was awarded to Downtown Ford Sales in the amount of$32,150.13 for the p=base of a Downtown Ford 2008 Ford F-150 Super Crew(4 Dr.)Pickup Truck. Pur Truck 9. The purchase of one 2005 Honda ST1300P police motorcycle with an emergency equipment Pur Police package from Huntington Beach Honda for $20,833.86, was approved. This purchase is from a Motorcycle "sole source"vendor,as no competitive market exists per AzusaMunicipalCode Section 2-523(d). 10. The Grant agreement entitled "DUI Enforcement and Awareness" from the California Office of OTS Grant Traffic Safety(OTS)in the amount of$9,720,was approved and accepted. DUI Enfcmt 1L SPECIAL CALL ITEM. - Spec Call 12. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res.08-C74 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Special Call Councilmember Macias asked about lighting issues brought by residents. Assistant City Manager Macias question Makshanoff responded stating that pole at Rancho Park would be removed by City crews as soon as Staff response possible. Moved by Councilmember Macias, seconded by Mayor Pro-Tem Carrillo and unam mously carried to Acceptance accept Rancho Park as a City facility and that it come under the operational supervision of the Azusa Parks Rancho Park and Family Services Department 08/04/08 PAGE SEVEN i THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT Cncl Recess 10:10 P.M. THE CITY COUNCIL RECONVENED AT 10:42 P.M. THE CITY COUNCIL CRA Convene RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY CONVENED AT 10:42 P.M. APFA Convene THE CITY COUNCIL RECONVENED AT 10:43 P.M. - The City Council recessed to Closed Session at 10:43 p.m. and reconvened at 11:31 p.m.; there was no Closed Session reportable action taken in Closed Session. No Reports It was consensus of Councilmembets to adjourn in memory of Johnny Cortez and Benjamin "Benny" Adjourn in Wilson. Memory of UPCOMING MEETINGS: Upcoming Meetings September 2,2008,(Tuesday)City Council Meeting—6:30 p.m.(Auditorium) September 15,2008,City Council Meeting—6:30 p.m.(Auditorium) October 6,2008,City Council Meeting—6:30 p.m.(Auditorium) . TIME OF ADJOURNMENT: 11:32 P.M. CITY CLERK NEXT RESOLUTION NO.2008-C75. NEXT ORDINANCE NO.2008-010. - 08/04/08 PAGE EIGHT ti-1.OFAYG n� CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING TUESDAY,SEPTEMBER 2,2008—9:24 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,Tierra West Advisors Consultant Ometeod, City Department Heads, Deputy Secretary Toscana, Secretary Mendoza. The CONSENT CALENDAR consisting of items E-1 through E-4,was approved by motion of Director Consent Cal. -Gonzales,seconded by Director Carrillo and unanimously carried with the exception of items E-1 and E-3 approved which were considered under the Special Call portion of the Agenda. 1. SPECIAL CALL ITEM. Spec Call 2. The Agency Treasurer's Report as of July 31,2008,was received and filed. Treas Rpt 3. SPECIAL CALL ITEM. Spec Call 4. Two separate resolutions authorizing payment of warrants by the Agency was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res.Nos.08-R37 ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT &08-R38. AGENCY FUNDS. Warrants SPECIAL CALL ITEMS Spec Call Items Director Hanks addressed the minutes of August 0,thanking and congratulating staff for the completion Hanks of the annexation of the comer property at Azusa Avenue and Arrow Highway. Moved by Director Hanks, Comments seconded by Director Gonzales and unanimously carred to approve the minutes of August 4,2008. Min approved Chairperson Rocha asked if a meeting was held with Downtown Business Association before the reduction Agmt w/DABA to their budget was made and staff responded that there was not Moved by Chairman Rocha,seconded by Approved w/o Director Gonzales and carried by roll call to approve a one-year extension of the Agreement with the reduction Downtown Azusa Business Association and approve the compensation amount of$20,000(no reduction) for fiscal year 2008/09 to support economic development through marketing,community promotion,and cultural events. Director Macias dissenting. It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn TIME OF ADJOURNMENT:9:29 P.M. SECRETARY NEXT RESOLUTION NO. 08-R39. WARRANT REGISTER NO.02 FISCAL YEAR 2008-09 . WARRANTS DATED 07/16/08 THROUGH 07/31/08 FOR REDEVELOPMENT AGENCY MEETING OF 09-15-08 D/ 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-I 10-REDEVELOPMENT ADMINISTRATION FUND $ 10,063.46 80-125-CBD CAPITAL PROJECTS FUND 23.55 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 243.875 57 82-125-CBD DEBT SERVICE FUND 836,383.32 82-135-WED DEBT SERVICE FUND 686.634 14 82-185-RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $1.776,980.04 SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records. ADOPTED AND APPROVED THIS DAY OF 2008. Chairman I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting thereof, held on the day of 2008. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary City of Azusa HP 9000 09/10/08 O P E N H 0 L D D B LISTING By /Ehtity Nave Page 1 WM, SEP 10, 2008, 11:03 AM ---req: ROSE-------leg: CL JL,--loc: BI-TECI3---jcb: 611930 #J2089---pgm: CE 00 <1.34> rpt id: CHFLTR02 S= FU\U Cbm: 80-82 ; CL Ebsting Lytes: 070108-063009 Check Issue Dates: 071608-073108 PE ID PE Narre AMUT NUMER / JCS NU43ER Invoice Nmber Descripticn St Disc. Ant. Dist. Ate. V01305 AZEFA = FED C 8000000000-3035 2610/0801015p 15/08 PD 0.00 234.37 V01305 AaJSA = FED C 8000000000-3035 2610/0801016 016/08 PD 0.00 237.75 PFS aT:,aid: 0.00 Paid: 472.12 Total: 472.12 V04281 CALSFMR RET&.0 8010110000-6230 071708 SPEC FEE CA CIVM PD 0.00 .320.00 V04281 CSLIFCR\UA F= 8010110000-6230 071708 CRA aM FY08-09 PD 0.00 3,820.00 PEIDTkd: 0.00 Paid: 4,140.00 Tbtal: 4,140.00 V06474 LSCC 8010110000-6509 062508 STATE LAW PLELIC PD 0.00 23.60 PEID d: 0.00 d: 23.60 Total: 23.60 VV006783 CITISIl2EE�T 8000000000-3010 2315%0801016 U16/08 FD 0.ED 00 120.63 PEID d: 0.00 'Paid: 241.26 Tbtal: 241.26 V00331 FEI RP.L "^'P= 8010125000-6625/505825-6625 281798816 117052788/E.WACR PD 0.00 23.55 PEID d: 0.00 Paid: 23.55 Tbtal: 23.55 V93874 IQ`A REITR V= 8010110000-6175 4217 401A PLAN FEE/FR PD 0.00 125.00 PFSd 1205.00 Tbtal: 125.00 V03126 LINMEN =a\AL 8000000000-3010 V03126 LINMEN =CML 8000000000-3010 2325/0801016 016/08 FD 0.00 427.50 City of Azusa HP 9000 09/10/08 O P E N H 0 L D D B LISTING By Pers /Entity Nane Pie 2 VSD, SEP 10, 2008, 11:03 AM ---req: FLEE-------leg: GL JL---loc: BI-T1H---jcb: 611930 #J2089---pgn: CE400 <1.34> rpt id: CHFLTR02 SELF>rT FUND Ctdes: 80-82 ; GL Rastirg Dates: 070108-063009 Check Issue Dates: 071608-073108 PE ID FE Narre ACTI:XNP NUS / JOB NUMBER Irmice Naber D--s=pticn St Disc. Ant. Dist. Art. PEID Lhid: 0.00 Paid: 821.25 Total: 821.25 V10322 M & T BANK 8000000000-3010 071708 457 DEFERRED 024 PD 0.00 369.17 PEID 11paid: 0.00 Paid: 369.17 Total: 369.17 V09301 SAFFSYRD FAL 8000000000-3052 2021114 PLAN AS14433/9;8 PD 0.00 242.64 PEID d: 0.00 Paid: 242.64 Total: 242.64 V08056 SIPIMUM INSURPN 8000000000-2725 220/0801016 16/08 0.00 75.78 V08056 SWIPM RZU?PN 1255O801016 1608 FD 0.00 V08056 S1PTM IN92M 8000000000-27258000000000-3044 000000000 207245 1220/0801015 15%08 PID 0.00 268.34 V08056 SUMAM IN93M 8000000000-3044 255/0801015 115/08 PD 0.00 203.02 PEID LVd: 0.00 d: 552.28 Total: 552.28 V10166 LNICN BANK OF CA 8000000000-2727 1130/080101515/08 PD 0.00 443.13 V10166 MCN BANK OF CA 8000000000-3073 2130/0801015 15/08 FD 0.00 915.23 V10166 LIVICN 2MR OF CA 8000000000-2727 1130/0801016 16/08 FD 0.00 443.14 V10166 LNICN BANK OF CA 8000000000-3073 2130/0801016 116/08 PD 0.00 915.23 PEID LITW: 0.00 Paid: 2,716.73 Total: 2,716.73 V00876 W%cHIN=V00876 M RA RA 8000000000-3010 000000000-3010 2335/0801015 U15/08 P3350801016 1608PD 0.00 1873..61 80 PEID UT id: 0.00 Paid: 359.41 Total: 359.41 V02752 VFQ LB FAF330 BANK 821025000-5950 070808B 20072 MUD M BO FD 0.00 117,021.27 City of Azusa BP 9000 09/10/08 O P E N H O L D D B LISTING. By Persa�/Fhtity Nam P� 3 NIDI, SEP 10, 2008, 11:03 AM ---req: RSE-------leg: GL JL,--lcn: BI-ZFZS-I---job: 611930 #J2089---pgn: C14400 <1.34> rpt id: CBFL 02 SECFxP FLED Ctdes: 80-82 ; CL Posting Dates: 070108-063009 Check Issue Dates: 071608-073108 PE ID PE Nacre ACNP NUvE R / JCB NUPE R Imoice Nxnb=� D-cription St Disc. Ant. Dist. hit. V02752 WELIS FARM BANK 8110155000-5950 070808B 2007B M;G) TA BD PD 0.00 75,249.57 V02752 WMLS FARM BANK 8210135000-5950 070808A 2005 Mff M TA BUA PD 0.00 76,816.96 V02752 WELLS FARM HANK 8210125000-5950 070808A 2005 MM TA Ba\T PD 0.00 76,816.97 V02752 N]ELLS FATM FINK 8210135000-5950 070808 2003 M�11) TA FST FD 0.00 204,106.45 V02752 VE11S FAFM BANK 8210125000-5950 070808 2003 MRCU TA BUV FD 0.00 236,834.34 V02752 NEUS FAIL BANK 8110155000-5950 070808 2003 MM TA Baq PD 0.00 168,626.00 V02752 WE[7S FARM HANK 8210135000-5950 070908B 2007A MU) TA BD FD 0.00 405,710.73 V02752 WELLS FAMD HANK 8210125000-5950 070908B 2007A MU) TA BJ PD 0.00 405,710.74 PEED LIW 0.00 Paid: 1766,893.03 Total: 1766,893.03 GRAND TOTAL d: 0.00 d: 1776,980.04 Total: 1776,980.04 WARRANT REGISTER NO.25 FISCAL YEAR 2007-08 WARRANTS DATED 07/16/08 THROUGH 07/31/08 FOR REDEVELOPMENT AGENCY MEETING-OF 09-15-08 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 $ 21,042.75 80-125-CBD CAPITAL PROJECTS FUND 102,249.36 80-135-WED CAPITAL PROJECTS FUND 10,118 50 80-185-RANCH CAPITAL PROJECTS FUND 80-165-618-2005 TAX ALLOCATION BONDS FUND 81-155-TAX INCREMENT SET-ASIDE FUND 19,579.18 82-125-CBD DEBT SERVICE FUND 82-135-WED DEBT SERVICE FUND 82-185-RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $ 152 989 79 SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records. ADOPTED AND APPROVED THIS DAY OF 2008. Chairman I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting thereof, held on the day of 2008. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary City of Azusa HP 9000 09/10/08 O P E N H O L D D B LISTING By PersaVEfttity Nam qe 1 WED, SEP 10, 2008, 11:02 AM ---req: ROSE-------leg: GL JL---lcc: BI-TD�-I---job: 611927 #J2086---pgn: 00 <1.34> rpt id: 02 SECES,T RND CbChs: 80-82 ; GL Fostir3 Cates: 070107-063008 Check Issue Utes: 071608-073108 PE ID PE Nstre ALMUT NUvEE2 / JOB NUvEER Invoice NaTber Descriptian St . Disc. Art. Dist. Fart. V05935 PNIDIITE TER\= 8010125000-6625 992676 0= FD 0.00 410.00 PEID Lh id: 0.00 Paid: 410.00 Total: 410.00 V10164 ARCADIA PRDPE17I1' 8010125000-6815 34395 FY 07/08 RANCH M PD T�0.00 612.00 P� Paid: 612.00 7btal: 612.00 V05613 A T & T 8010110000-6915 6263345464062408 626-3345464/0517 FD 0.00 8.61 PEID d: 8.61 Total: 8.61 V05804 BEST BEST & ERIE 8010125000-6301/505800-6301 579508 6/08 PD 0.00 905.90 V05804 EE31 EE31 & IQtLE 8010125000-6301/505800-6301 579507 6/08 LM-RI= PD 0.00 2,484.35 V05804 EEST EEST & ERIE 8010125000-6301/505800-6301 579480 6/08 LG EvDN DD PD 0.00 287.50 V05804 BEST BEST & ERIE 8110155000-6301 579478 6/08 LGSR CARE PD 0.00 2,391.29 V05804 E?EST E?EST & ME 8010125000-6301/505825-6301 579481 6/08 LM-'IP= FD 0.00 11,519.00 V05804 = EAST & KUE 8010135000-6301 579476 6/08 LM-D= L FD 0.00 9,611.00 V05804 BESP BEST & KRID 8010125000-6301/650205-6301 576380 5/08 LM-AZ CLIN FD 0.00 446.60 V05804 BEST EEST & ME 8010125000-6301/505825-6301 576380 5/08 Lai AZ = PD 0.00 304.50 V05804 MST MST & ME 8010125000-6301/505700-6301 576380S/OS LCL-AZ CLJN PD 0.00 2,476.60 V05804 EEST BEST & ERIE 8010125000-6301 576380 5/08 LM-AZ CLM FD 0.00 568.40 V05804 EEST EEST & ME 8010110000-6301 576380 5/08 LC3-AZ CUN FD 0.00 162.40 V05804 EEST & 1,VM 8010125000-6301/505800-6301 576386 5/08 LaIC3= PD 0.00 7,672.82 V05804 EST EEST & KRIE 8010125000-6301/505800-6301 576383 5/08 LCL-RN3EFN PD 0.00 51161.32 V05804 EEST EAST & KZM 8010125000-6301/505825-6301 576382 5/08 LCR, UUdMT _FD 0.00 16,420.96 V05804 MST BEST & ERIE 8110155000-6301/505310-6301 579477 6/08 IL�DPAP DD FD 0.00 304.50 V05804 EEST IST & KZIE 8010125000-6301/505825-6301 579512 6/08 LGL-CBS BIL FD 0.00 2,007.60 V05804 EEST EEST & = 8010125000-6301/505800-6301 579511 6/08 LC.Q-DI ET FD 0.00 873.93 V05804 FEST EEST & ERIE 8010125000-6301/505800-6301 579510 6/08 ICI. 0 XZIEZ PD 0.00 1,887.22 V05804 BEST F SI & KRIE 8010125000-6301/505800-6301 579509 6/08 LC�810 ALA FD 0.00 2,132.60 PESd: 0.00 Paid: 67,618.49 Total: 67,618.49 city of Qisa20P89000 02 09/10/08 O P E N H 0 L D D B LISTING, By �/Ehtity Nine pp�-� 2 rax: 1�6E-------leg: GL JL---loc: BI-TEfs3---3cb: 611927 W2086---pgn: CPAOO <1.34> rpt id: CffLFLTR02 SELECT FUND Codes: 80-82 ; GL Posting Kites: 070107-063008 Click Issue Dates: 071608-073108 PE ID PE Narre ACJ= N.MESER / JOB NNEFR Invoice Metier Descripticn St Disc. Prrt. Dist. Ant. V08010 LUKE'S LANDSCAPI 8010125000-6815 00926 TIRDIIVII� SVC JU PD 0.00 440.00 PEIDLY d: 0.00 Paid: 440.00 Total: 440.00 V10576 FRJ & ASSOa= 8110155000-6345/505300-6345 A7JJ153 FY 07/08 H9G REH PD 0.00 4,120.00 PETD U%fdd: 0.00 : 4,120.00 Tbtal: 4,120.00 V08261 Gr_ AS.SM= I 8010125000-6340/502801-6340 3120806 2008PN1RZ EIR PD 0.00 3,925.00 V08261 GRC ASSCCTA'TFR I 8010110000-6399 312008MII7IIIdI 5 PD 0.00 3,200.00 V08261 MC ASSOCT= I 8010125000-6340/502801-6340 312080EA EIR P4 PRBVI'/F PD 0.00 1,194.89 PEIDd: 0.00 Paid: 8,319.89 Total: 8,319.89 V09257 HARRIS CCNSIAU T 8110155000-6650/505300-6650 2045 FTR�L/311N aPM PD 0.00 7,800.00 PED ihuV: 0.00 Paid: 7,800.00 Total: 7,800.00 V01646 HDL 02REN & CONE 8010110000-6610 0013678IN Ban DISCLOSURE- PD 0.00 2,500.00 PEID Ud: 0.00 Paid: 2,500.00 Total: 2,500.00 V10575 HOSE-IRELAND IN 8110155000-6399 131434 HaisIIN3 ELEMENT` PD 0.00 714.37 V10575 HUQE-B AM IN 8110155000-6399 13142 FLL]SIIZ II ?4ENr PD 0.00 1,104.02 PEIDd: 0.00 Paid: 1,818.39 Total: 11818.39 V05574 IFXN MINEMN RE 8010110000-6493 M789677M389685 MJ89677-M789685 PD 0.00 340.00 PED U lurid: 0.00 City Of Azusa HP 9000 09/10/08 O P E N HOLD D B LISTING By �rEhtity Namepaqe 3 WOJ, SEP 10, 2008, 11:02 PM ---req: MME-------leg: Cff, JL---lcc: BI-TECH---jcb: 611927 #02086----pgm: X400 <1.34> rpt id: CHFLTR02 SELECT FUVD Codes: 80-82 ; C3, RcstiM Skates: 070107-063008 CYC Issue Dates: 071608-073108 PE ID PE Narre ACS= N[IER / JOB NCMEER Invoice Nudes De=pticn St Disc. A§rt. Dist. Ant. Paid: 340.00 Total: 340.00 V01916 JAPA PETTY C%cH, 8010110000-6235 061708 NM/SADTIC6 CC2G AO 0.00 33.00 PEID UlDai 0.00 Paid: 33.00 Total: 33.00 V00540 OFFICE IST IIS 8010110000-6527 433524991001 PRINTER FCR IdJFd PD 0.00 241.24 PEID Uvp)aid: 0.00 Paid: 241.24 Total: 241.24 V10009 TIERRA = ADVI 8010125000-6340/502801-6340 062408 /PLAN Rvau FD 0.00 8,225.67 V10009 TIERRA NIE4T AUDI 8010110000-6345 100905 100905 108 PD 0.00 1,625.00 V10009 TIERRA T^]EST AM 8010125000-6345/505800-6345 100905 100905 108 FD 0.00 90.00 V10009 TIERRA Yg'ST AUDI 8010125000-6345/505825-6345 100905 100905 108 PD 0.00 8,355.00 V10009 TIERRA ➢QST AUDI 8010125000-6345/505700-6345 100605 100605 108 FD 0.00 3,455.00 V10009 TIERRA WEST AUDI 8010125000-6345/505800-6345 100105 100105 108 PD 0.00 11665.00 V10009 TIERRA WEST AUDI 8010110000-6345 101005 101005 108 PD 0.00 270.00 W0009 TIERRA WEST AUDI 8010125000-6345/505800-6345 100705 100705/ Y 108 FD 0.00 1,450.00 V10009 TTIFRRA WEST ADVI 8010125000-6345/505900-6345 100804 ]00804 08 PD 0.00 942.50 V10009 TIERRA WEST AUDI 8010110000-6345 100605 5/08 PRJ NIINT-NII PD 0.00 12,662.50 V10009 TIERRA VEST ADVI 8010125000-6345/505700-6345 100605 6/08 PRJ M 34r-EL FD 0.00 1,875.00 V10009 TIERRA VEST AUDI 8010125000-6345/505800-6345 100706 6/08 PRT M3vYP-DJ FD 0.00 2,018.75 V10009 TIERRA WEST AIM 8110155000-6345/505310-6345 100605 5/08 PRJ M3vT-ME PD 0.00 2,035.00 V10009 TIERRA WEST AUDI 8010135000-6345/503305-6345 101106 6/08 PRJ NII"II'-CD PD 0.00 507.50 V10009 TIERRA WEST AUDI 8110155000-6345 100605 5/O8 PRJ =41I PD 0.00 1,110.00 V10009 TIERRA WEST AWI 8010125000-6345/505900-6345 100806 6/ 08 FRJ MW-NE PD 0.00 3,226.25 VI0009 TIERRA WEST ADVI 8010125000-6345/505800-6345 100106 6/07 PRJ M T-DW PD 0.00 2,160.00 V10009 TIERRA WEST AUDI 8010125000-6345/505825-6345 100906 6/08 FRJ M3"II'-TP: PD 0.00 7,055.00 PEID d: 0.00 d: 58,728.17 Total: 58,728.17 GRAND TOTALd: 0.00 d: 152,989.79 Total: 152,989.79 • i tiriD • ,..AZUSA TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MARCENE HAMILTON, CITY TREASURER DATE: SEPTEMBER 2, 2008 SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES FOR THE MONTH OF JULY 2008 RECOMMENDATION: It is recommended that the Council Members receive, review, and file the City Treasurer's Report for the City of Azusa for the month of JULY 2008. BACKGROUND: Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa for the month of July 2008. City investments are made in accordance with the City's Investment Policy adopted and approved with Resolution No. 05 - C16 dated, June 18, 2007 and Government Code Section 53600 et seq. FISCAL IMPACT: The balances of cash, investments, and projected revenues for the next six months are expected to be sufficient to meet cash disbursement requirements of the City for at least the next six months. 1 (1 CITY OF AZUSA TREASURER'S REPORT Treasury Checking Accounts and Certificates of Deposit July 31, 2008 Held in Wells Fargo Bank Prepared by: Marcene Hamilton, Treasurer Interest or Balance Face Maturity Account Number Coupon Description or Amount Date Rate or CUSIP Market Value Checking Accounts General Checking Account 495-0041244 1,498,516.00 1.231% Overland Sweep Account DDA 495-0041244 996,644.00 Worker's Compensation Checking 0606-050318 0.00 Flexible Reimbursement 0606-055036 16,762.79 Payroll Checking (ZBA account) 4159-281393 0.00 Police Petty Cash Fund 060-6050334 239.12 Section 108 1.610% Choice IV-Public Fund Account 410-0162239 30,833.77 200,000 11/14/06 3.060% FHLB 3.060 11/14/06 (Matured) 3133X6PD2 0.00 ISO Collateral Account Every 30 300,000 Days 0.050% Certificate of Deposit 300-0311658 312,672.73 1,975,001 04/07/07 3.748% Certificate of Deposit 061-5202840 2,282,970.47 Covington Endowment Money Market Mutal Funds WFB 12847554 13,923.50 100,000 06/29/09 4.200% Certificate of Deposit - 25467JG21 WFB 25467JG21 100,000.00 TOTALS 5,252,562.38 • CITY OF AZUSA TREASURER'S REPORT TREASURY INVESTMENTS JULY 31,2008 Prepared by: Marcene Hamilton,Treasurer Coupon Maturity Settlement Market Price Broker Face Amount Description "' Rate Date Acct/Cusip No. Date Principal* (Changes Market Value Monthly) City of Azusa Investments-AAA Rated Federal Agency Bonds WFB 2,000,000.00 FHLB 4.300 07/14/09 4.300% 07/14/09 3133XCDQ3 07/14/05 2,000,000.00 101.281000 2,025,620.00 Gilford 2,000,000.00 FHLB 4.200 12/15/09 4.200% 12/15/09 3133X9N48 12/15/04 2,000,000.00 101.594000 2,031,880.00 Wachovia 2,000,000.00 FFCB 4.75010/15/12 4.750% 10/15/10 31331X6X5 10/29/07 2,002,400.00 100.406000 2,008,120.00 Wachovia 2,000,000 00 FHLB 5.12511/24/10 5.125% 11/24/10 3133XKVS1 05/24/07 1,995,000.00 100.750000 2,015,000.00 Higgins 2,000,000.00 FHLMC 5.25002/24/11 5.250% 02/24/11 3128X4N56 06/14/06 1,982,640.00 101.190000 2,023,800.00 WFB 1,000,000.00 FHLB 4.000 06/17/11 4.000% 06/17/11 3133XRFE5 06/17/08 1,000,000.00 100.188000 1,001,880.00 Wachovia 1,000,000.00 FFCB 3.95007/15/11 3.950% 07/15/11 31331Y3E8 07/15/08 1,000,000.00 100.219000 1,002,190.00 Wachovia 2,000,000.00 FFCB 5.20010/03/11 5.200% 10/03/11 31331X4V1 10/03/07 2,000,000.00 100.406000 2,008,120.00 Wachovia 2,000,000.00 FHLB 5.250 10/14/11 5.250% 10/14/11 3133XHET5 05/09/07 1,999,600.00 100.469000 2,009,380.00 Gilford 1,000,000.00 FHLMC 5.20010/17/11 5.200% 10/17/11 3128X6PZ3 10/17/07 1,000,000.00 100.488000 1,004,880 00 Wachovia 1,000,000.00 FHLB 4.62512/19/11 4.625% 12/19/11 3133XNJ26 12/19/07 1,000,000.00 100.094000 1,000,940.00 WFB 2,000,000.00 FHLB 3.440 01/23/12 3.440% 01/23/12 3133XQSTO 04/23/08 2,000,000.00 98.625000 1,972,500.00 Higgins 2,000,000.00 FHLB 3.55001/30/12 3.550% 01/30/12 3133XPD43 01/30/08 2,000,000.00 98.469000 1,969,380.00 Higgins 2,000,000.00 FHLB 5.12503/30/12 5.125% 03/30/12 3133XKD44 03/30/07 2,000,000.00 101.375000, 2,027,500.00 Higgins 2,000,000.00 FHLB 3.5504/24/12 3.550% 04/24/12 3133XQU83 04/24/08 2,000,000.00 98.750000 1,975,000.00 Wachovia 4.000,000.00 FHLB 3.4505/14/12 3.450% 05/14/12 3133XQTD4 05/14/08 4,000,000.00 97.594000 3,903,760.00 Higgins 2,000,000.00 FHLB 5.25005/21/12 5.250% 05/21/12 3133XKWM3 05/21/07 2,000,000.00 101.750000 2,035,000.00 Higgins 2,000,000.00 FHLB 5.25005/29/12 5.250% 05/29/12 3133XKUL7 08/22/07 1,999,500.00 101.719000 2,034,380.00 Gilford 2,000,000.00 FHLB 4.150 06/18/12 4.150% 06/18/12 3313XRGT1 06/18/08 2,000.000.00 100.000000 2,000,000.00 Gilford 1,000,000.00 FHLB 5.250 10/24/12 Step-Up 5.250% 10/24/12 3133XMNQO 10/27/07 999,000.00 100.500000 1,005,000.00 Gilford 1,000,000.00 FHLB 5.00012/18/12 5.000% 12/18/12 3133XNT58 12/18/07 1,000,000.00 100.563000 1,005,630.00 WFB 2,000,000.00 FHLB 4.20001/29/13 4.200% 01/29/13 3133XP6L3 01/29/08 2,000,000.00 99.625000 1,992,500.00 WFB 2,000,000.00 FHLB 4.35001/30/13 4.350% 01/30/13 3133XNYL7 01/30/08 2,000,000.00 99.906000 1,998,120.00 Gilford 2,000,000.00 FHLB 4.12502/20/13 4.125% 02/20/13 3133XPPY4 0220/08 .1,999,000.00 99.406000 1,988,120.00 Wachovia 2,000,000.00 FHLB 4.25003/13/13 4.250% 03/13/13 3133XPY40 03/13/08 2,000,000.00 99.656000 1,993,120.00 Gilford 2,000,000.00 FHLB 4.2004/24/13 4.200% 04/24/13 3133XQMN9 04/24/08 2,000,000.00 99.344000 1,986,880.00 Higgins 2000600.00 FHLB 5.000 06/23/13 5.000% 06/26/13 3133XRJ50 06/26/08 2,000,000.00 100.688000 2,013,760.00 TOTALS 50,000,000.00 49,977,140.00 50032 480 00 WFB-CITY THIRD PARTY CUSTODIAL TRUST ACCT 2,170% N/A. N/A N/A is 1,707,558.08 100.000000 1,707,558.08 Light&Water Rate Stablization Fund Investments - AAA Rated Federal Agency Bonds Higgins 3,000,000.00 FHLB 3.55001/30/12 3.550% 01/30/12 3133XPD43 01/30/08 , 3,000,000.00 98.469000 2,954,070 00 Wachovia 3,000,000.00 FHLB 4.15001/29/13 4.150% 01/29/13 3133XNZC6 01/29/08 3,000,000.00 99.719000 2,991,570.00 Wachovia 3,215,000.00 FHLB 4.00002/20/13 4.000% 02/20/13 3133XPKV5 02/20/08 3,216000.00 99.125000 3,186,868.75 TOTALS 5,215000.00 =9,215,00000 9,132,508.75 WFB-L&W THIRD PARTY CUSTODIAL TRUST ACCT r 2.170% N/A N/A N/A 120,460.41 100,000000 120,460.41 LAIF-CITY LOCAL AGENCY INVESTMENT FUND 2.787% N/A N/A N/A 14,058,362.71 100,000000 14,058,362/1 TOTAL INVESTMENTS IN FEDERAL AGENCIES,WFB INSTITUTIONAL TRUSTS,and LAIF 75,078,521.20 75,051,349.95 INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From July 1,2008) 438,946.79 'The"Principal"column reflects the balance on the last day of the month or the"historical cost"spent to purchase a security. "The"Market Value"is the current price at which a security can be traded or sold. Treasurer Report July 2008.xls 8/15/2008 7:06 PM CITY OF AZUSA TREASURER'S REPORT INVESTMENT INTEREST EARNINGS Thru July 31, 2008 Prepared by: Marcene Hamilton,Treasurer Scheduled Scheduled Interest Coupon Maturity Payment 2008/2009 Semi-Annual Received Face Amount Net Amount Rate Date Acct/Cusip No. Schedule Interest Payment Fiscal Year to Earnings Amount Date* City of Azusa Investments - AAA Rated Federal Agency Bonds 1',000,000 1 000,000.00 4.850% CALLED 31331YKD1 12/27&6/27 " 24,250 24,250 2,694.44 2,000,000 2,000,000.00 4.300% 07/14/09 3133XCDQ3 7/14&1/14 86,000 43,000 43,000.00 2,000,000 2,000,000.00 4.200% 12/15/09 3133X9N48 12/15&6/15 84,000 42,000 2,000,000 2,006,094.44 4.750% 10/15/10 31331X6X5 10/15&4/15 95,289 47,645 2,000,000 1,995,000.00 5.125% 11/24/10 3133XKVSI 11/24&5/24 102,244 51,122 2,000,000 2,014,723.33 5.250% 02/24/11 3128X4N56 8/24&2/24 105,773 52,886 1,000,000 1,000,000.00 4.000% 06/17/11 3133XRFE5 12/17&6/17 40,000 20,000 1,000,000 1,000,000.00 3.950% 07/15/11 31331Y3E8 1/15&7/15 39,500 19,750 2,000,000 2,000,000.00 5.200% 10/03/11 31331X4V1 10/3&4/3 104,000 52,000 2,000,000 2,006,891.67 5.250% 10/14/11 3133XHET5 10/14&4/14 105,362 52,681 1,000,000 1,000,000.00 5.200% 10/17/11 3128X6PZ3 10/17&4/17 52,000 26,000 1,000,000 1,000,000.00 4.625% 12/19/11 3133XNJ26 12/19&6/19 46,250 23,125 2,000,000 2,000,000.00 3.440% 01/23/12 3133XQSTO 7/23&1/23 51,600 25,800 17,200.00 2,000,000 2,000,000.00 3.550% 01/30/12 3133XPD43 7/30&1/30 71,000 35,500 35,500.00 2,000,000 2,000,000.00 5.125% 03/30/12 3133XKD44 9/30&3/30 102,500 51,250 2,000,000 2,000,000.00 3.550% 04/24/12 3133XQU83 10/24&4/24 71,000 35,500 4,000,000 4,000,000.00 3.450% 05/14/12 3133XQTD4 11/14&5/14 138,000 69,000 2,000,000 2,000,000.00 5.250% 05/21/12 3133XKWM3 11/21 &5/21 105,000 52,500 2,000,000 2,023,708.33 5.250% 05/29/12 3133XKUL7 11/29&5/29 106,245 53,122 2,000,000 2,000,000.00 4.150% 06/18/12 3133XRGT1 12/18&6/18 83,000 41,500 1,000,000 999,000.00 5.000% 10/24/12 3133XMNQO 10/24&4/24 49,950 24,975 1,000,000 1,000,000.00 5.000% 12/18/12 3133XNT58 12/18&6/18 50,000 25,000 2,000,000 2,000,000.00 4.200% 01/29/13 3133XP6L3 7/29&1/29 84,000 42,000 42,000.00 2,000,000 2,000,000.00 4.350% 01/30/13 3133XNYL7 7/30&1/30 87,000 43,500 43,50.0.0.0 2,000,000 1,999,000.00 4.125% 02/20/13 3133XPPY4 8/20&2/20 82,459 41,229 2,000,000 2,000,000.00 4.250% 03/13/13 3133XPY40 9/13&3/13 85,000 42,500 2,000,000 2,000,000.00 4.200% 04/24/13 3133XQMN9 10/24&4/24 84,000 42,000 2,000,000 2,000,000.00 5.000% 06/26/13 3133XRJSO 12/26&6/26 100,000 50,000 50,000,000 ACTIVE INVESTMENTS 2,211,171 1,105,586 183,894.44 CITY-Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset 1,707,558.08 2.170% n/a N/A Monthly Per Balance and Rate 9,693.95 Light&Water Stablization Fund Investments-AAA Rated Federal Agency Bonds 3,000,000.00 3,000,000.00 4.150% 01/29/13 3133XNZC6 7/29&1/29 124,500.00 62,250.00 62,250.00 3,215,000.00 3,215,000.00 4.000% 02/20/13 3133XPKV5 8/20&2/20 128,600.00 64,300.00 0.00 3,000,000.00 3,000,000.00 3.550% 01/30/12 3133XPD43 7/30&1/30 106,500.00 53,250.00 53,250.00 9,215,000.00 ACTIVE INVESTMENTS 359,600.00 179,800.00 115,500.00 Light&Water Stablization-Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset 120,460.41 2.170% N/A N/A Monthly Per Balance and Rate 8,88 CITY-Local Agency Investment Fund-Liquid Asset 14,058,362.71 2.787% N/A N/A Quarterly Per Balance and Rate 129,849.52 Fiscal Year: July 1 -June 30 TOTAL INTEREST EARNED YTD 438,946.79 U � w C'9CiFpnN�P CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER_ t VIA: F.M. DELACH, CITY MANAGER DATE: SEPTEMBER 2, 2008 SUBJECT: AWARD OF CONTRACT - MEMORIAL PARK ROOF REPLACEMENT. RECOMMENDATION It is recommended that the City Council authorize staff to award the Memorial Park Roof Replacement Project Contract to Lavey Roofing Services, Inc. BACKGROUND The Recreation and Family Services Department main building roof located in Memorial Park is in need of replacement. During rain storms, the roof leaks and causes water damage to the ceiling tiles in the public event room. Furthermore, the drains are insufficiently sized to drain the roof and the water eventually leaks into the administrative offices. Throughout the years, 'staff has patched the roof but the roof is at the point where patches will not fix the problem. Staff prepared plans to replace the roof, increase the size of the roof scupper drains, and include reflective roofing material. I Bids were made available to contractors beginning on August 8`h, 2008, and bids were opened in the City Clerk's office on August 190, 2008 at 10:00 a.m. Following is a breakdown of the bids received: Contractor J$218,65"5.0 ., nt j1 Lave ROOfm ServicesInc. 002 Best Contracting ServicesInc003 Commercial Roofin SystemsInc. 004 Coast Roof Co., Inc. 0 3RRGSLA, Inc. 006 . Vance &Associates Roofing, Inc. 0 After staff reviewed the Lavey Roofing Services, Inc. bid package for completeness and checked their references, staff confirmed that Lavey Roofing Services, Inc. is the lowest, responsible bidder. As such, staff recommends the City Council authorize staff to award the Memorial Park Roof Replacement Contract to Lavey Roofing Services, Inc. y FISCAL IMPACT Following is a breakdown of the total project cost: ITEM COST Project Design $ 8,550.00 Lavey Roofing Services, Inc. Contract $147,000.00 10%contingency $ 15,000.00 TOTAL $170,550.00 The total amount budgeted in the approved Capital Improvement Plan (CIP) for FY 2008-2009 is $85,000. In addition to the amount budgeted in the CIP, $10,000 is available from Azusa Light and Water's public benefit account because the roof includes energy saving reflective materials. The reason for the difference between the $95,000 available and the contract amount of$147,000 is because the budget amount was originally created in 2006 and was not adjusted when it was carried over to this fiscal year, the increasing cost of oil has dramatically impacted the roofing material cost, and the scope of work was expanded to account for relocating various HVAC and other items on the roof. In addition, to avoid the potential issues previously experienced with a one-year warranty, this roof will cavy a 20-year warranty. Staff recommends increasing the Memorial Park Roof Replacement Project CIP 941007D budget amount by $75,550 from Fund 49 for a total of$170,550.00 in account number 49 80 000 000 7125. - -c'+tisbar:A, CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRECTORIASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGEROW DATE: SEPTEMBER 2, 2008 SUBJECT: AWARD OF DESIGN CONTRACT-FOOTHILL BLVD. RECONSTRUCTION RECOMMENDATION It is recommended that the City Council approve and authorize the City Manager to award a design contract to Coory Engineering to immediately begin design for the reconstruction of Foothill Blvd. BACKGROUND On March 26th, 2008, the City of Irwindale City Council authorized the City Manger to enter,into an agreement with Coory Engineering to provide engineering design services for the street rehabilitation of Foothill Blvd. to the Azusa City Limits. In an effort to coordinate both cities' street reconstruction projects, Staff wishes to contract with the same firm to complete the design work. The City of Irwindale will be reconstructing Foothill Blvd. from their eastern border to the western border toward the end of this year. The City of Irwindale's bid opening is scheduled for mid-October. Therefore, time is of the essence to complete design and include the City of Azusa's portion in the Bid Documents. The Public Works Department wants to move on this project to include the Azusa portion of the work because it will benefit both cities in cost savings for traffic control, material costs and mobilization. SUMMARY Coory Engineering has quoted a fee of not to exceed $61,800 to design the Azusa portion of Foothill Boulevard, from the western City limit to 150 feet east of Todd Avenue. This fee will include all required work such as surveying, design and construction support. FISCAL IMPACT Coory Engineering will design the reconstruction of Foothill Boulevard at a cost not to exceed $61,800. Funding is available in account number 17 80 000 450 7172 and CIP #66109K. CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this_day of 2008 by and between the City of Azusa, a municipal organization organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702-1295 ("City")and Coory Engineering,a SOLE PROPRIETORSHIP with its principal place of business at 12631 E.Imperial Highway,Building F,Suite 124,Santa Fe Springs,California 90670 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing civil engineering and land surveying services to public clients,is licensed in the State of California,and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the Foothill Boulevard Rehabilitation project ("Project") as set forth.in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor,materials,tools,equipment, services,and incidental and customary work necessary to fully and adequately supply the professional engineering services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to,and performed in accordance with, this Agreement,the exhibits attached hereto and incorporated herein by reference,and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The tern of this Agreement shall be from September P, 2008 to December 29", 2008, unless earlier terminated as provided herein. Consultant shall complete the 1 0RA11GE\SKIEIHBERG\49431.1 Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates;Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule,City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide amore detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below,any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property,shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement is as follows: Samir M. Khoury, PE. 3.2.5 City's Representative. The City hereby designates Carl Hassel,City Engineer, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 2 ORANGE\SKLEINBERG\49431.1 3.2.6 Consultant's Representative. Consultant hereby designates Samir M.Khoury, PE, or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services,using his best skill and attention,and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner,consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City,any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property,or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services,including all Cal/OSHA requirements,and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws,rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,directors,officers,employees and agents free and harmless,pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to 3 0RANGE\SnEINBERG\49431.1 commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents,representatives,employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code I (any auto);and (3) Workers'Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers'Compensation and Employer's Liability:Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions,or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1)the City,its directors,officials,officers,employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant,including materials,parts or equipment furnished in connection with such work;and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers,employees,agents and volunteers,or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. 4 ORBNGE\SKLEINBERG\49431.1 - (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1)the City,its directors,officials,officers,employees,agents and volunteers shall be covered as additional insureds with respect to the ownership,operation,maintenance,use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible;and(2)the insurance coverage shall be primary insurance as respects the City,its directors,officials,officers,employees,agents and volunteers,or if excess,shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City,its directors,officials,officers,employees,agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended,voided,reduced or canceled except after thirty(30)days prior written notice by certified mail,return receipt requested, has been given to the City;and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds;No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City,its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1)the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or(2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII,licensed to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete,certified copies of all required insurance policies, at any time. 5 ORANGE\SKLEINBERG\49431.1 3.2.11 Safe . Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services,the Consultant shall at all times be in compliance with all applicable local,state and federal laws,rules and regulations,and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B)instructions in accident prevention for all employees and subcontractors,such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation,including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed sixty one thousand eight hundred dollars ($61,800.00) without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date,or since the start of the subsequent billing periods,as appropriate,through the date of the statement. City shall, within 45 days of receiving such statement,review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement,City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project,but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor.Code Section 1720,et seg.,and 1770,et secl.,as well as California Code of Regulations,Title 8, Section 16000, et seq., ("Prevailing Wage Laws"),which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance"projects. If the Services are being performed as part of an applicable"public works"or"maintenance"project,as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy 6 ORANGEISKLEINBERG\49431.1 of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Aereement. 3.5.1.1 Grounds for Termination. City may,by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof,at least seven(7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen(15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein,City may procure,upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: 7 ORANGE\SKLEINBERG\49431.1 Consultant: Coory Engineering 12631 E. Imperial Hwy, Bldg. F, Suite 124 Santa Fe Springs, California 90670 Attn: Samir M. Khoury, PE City: City of Azusa 213 East Foothill Blvd. Azusa, CA 91702-1295 Attn: Carl Hassel, City Engineer Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)hours after deposit in the U.S. Mail,first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies,drawings,estimates, and other documents or works of authorship fixed in any tangible medium of expression,including but not limited to,physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement("Documents&Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents&Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time,provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings,descriptions,computer program data,input record data,written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known,to the related 8 ORANGE\SKLEINHERG\49431.1 industry shall be deemed confidential. Consultant shall not use City's name or insignia,photographs of the Project,or any publicity pertaining to the Services or the Project in any magazine,trade paper, newspaper,television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation;Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary,appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reason- able attorney's fees and all other costs of such action. 3.5.6 Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers,employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury,in law or equity,to property or persons, including wrongful death,in any manner 'arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Contractor's Services, including without limitation the payment of all consequential damages, expert witness fees, and attomeys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors,officials,officers,employees,agents,or volunteers,in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees,agents, and/or volunteers,for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein.provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds,if any,received by the City,its directors, officials officers, employees, agents, or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 9 ORANGE\SKLEINHERG\49431.1 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign,hypothecate,or transfer, either directly or by operation of law,this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void,and any assignees,hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment,hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time,days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment Modification. No supplement,modification,or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach,whether of the same or other covenant or condition. No waiver,benefit,privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant,to solicit or secure this Agreement. Further,Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission,percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement,no member, officer or employee of City,during the term of his or her service with City, shall have any direct interest in this Agreement,or obtain any present or anticipated material benefit arising therefrom. 10 ORANGEU^KLEINHERG\49431.1 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor,employee or applicant for employment because of race,religion,color,national origin,handicap,ancestry,sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder,Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Aereement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts,each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement,except as expressly stated herein,without prior written approval of City. Subcontracts,if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 11 ORANGE\SKLEINBERG\49431.1 CITY OF AZUSA COORY ENGINEERING By: By: Joseph R. Rocha Samir M. Khoury, P.E. Mayor Principle Engineer Attest: Vera Mendoza City Clerk Approved as to Form: Best Best& Krieger LLP City Attorney 12 ORANGE\SKLEINBERG\49431.1 EXHIBIT "A" SCOPE OF SERVICES Coory Engineering will perform a topographic survey to serve as base plans for design (survey to extend 150 feet from East of Todd Avenue) for the Foothill Boulevard Rehabilitation Project and will prepare construction documents to include street plans addressing replacement of pavement and a median island extension, striping plans, traffic loop replacement details and technical specifications. More specifically, Coory Engineering will (1) gather existing public records including utility, substructure and surveying information,(2)perform a topographic survey for the purpose of creating design base plans,(3)prepare design base plans including design aids such as cross sections,etc.(4) prepare construction documents and process through approval, (5) prepare cost estimates and specifications, (6) provide coordination, (7) send utility notices and monitor responses and (8) provide limited construction support regarding selecting a contractor, holding a preconstruction . meeting and replying to RFIs. A-1 0nNGE\SKLEI0ERG\49431.1 EXHIBIT "B" SCHEDULE OF SERVICES Contract allows for 30 days B-1 ORANGE\SnEIN13ERG\49431.1 EXHIBIT "C" COMPENSATION ATTACHED C-1 ORARGE',SKLEIRBERG\49431.1 A11111 all IIIIII COORY ENGINEERING CIVIL ENGINEERING & LAND SURVEYING Mr. Carl E. Hassel, PE July 29, 2008 Asst. Director of Public Works/City Engineer City of Azusa 213 E. Foothill Boulevard Azusa, CA 91702-1395 Subject: ENGINEERING SERVICES PROPOSAL FOOTHILL BOULEVARD REHABILITATION PROJECT From Western City Border to Todd Avenue Azusa, CA Dear Carl: Thank you for giving us the opportunity to be of service to you. Regarding the subject project, Coory Engineering proposes to perform topographic survey to serve as base plans for design (survey to extend 150 feet East of Todd Avenue), prepare construction documents to include street plans addressing replacement of pavement and a median island extension, striping plans, traffic loop replacement details, technical specifications and cost estimates as follows: A. PROJECT TEAM: The project team designated for this project will be as follows: • Principal and Project Manager: Samir M. Khoury, a registered civil engineer in the State of California-RCE No. 30567 • Quality Assurance / In-House Plan Check: John R. Price, a registered civil engineer in the State of California - RCE No. 28182 • Project Engineer/ Project Designer: Ken Ling, a registered civil engineer in the State of Califomia-RCE No. 30107 • Surveying: Nader Ghashghai • CAD Manager: Steve Sarley • Other Designers and Various CAD Drafters as needed • Clerical Support as needed B. FIRM'S EXPERIENCE: 28 years experience In public works as a business. Moreover, most of our personnel came from public agencies by actually working for various cities. C. PROJECT DESIGN: • Procedure: - Gather existing public records including utility, substructure and surveying information. - Perform a topographic survey for the purpose of creating design base plans. - Prepare design base plans including design aids such as cross sections, etc. - Prepare Construction documents and process through approval. - Prepare cost estimates and specifications- - Provide Coordination as needed. - Send utility notices and monitor responses. - Provide limited construction support: Select Contractor, hold preconstruction meeting & reply to RFIs. • 12631 E. Imperial Hwy, Bldg. "F", Suite 124, Santa Fe Springs, California 90670 • TEL: (562) 868-8266 • FAX: (562) 868-0721 July 29, 2008 ENGINEERING SERVICES PROPOSAL FOOTHILL BOULEVARD REHABILITATION PROJECT From Western City Border to Todd Avenue Azusa, CA Page 2 D. FEES FOR BASIC SERVICES ITEM No. DESCRIPTION AMOUNT 1. RESEARCH - $B00.00 2. DESIGN SURVEY,BASE MAPS&CROSS SECTIONS at 50'INTERVALS 14 000.00 3. DESIGN:STREET PLANS(Plan&Profile), SIGNAGE&STRIPING PLANS 33,000.00 AND TRAFFIC LOOP DETAILS 4. SPECIFICATIONS 1,000.00 5. QUANTITY&COST ESTIMATES - 2,000.00 6. COORDINATION,MEETINGS,PROCESSING OF PLANS,UTILITY 4,000.00 NOTICES i 7. LIMITED CONSTRUCTION SUPPORT: Select Contractor, hold 5,000.00 reconstruction meeting&reply to RFIs. B. REIMBURSABLES: Printing,Outside Cost,Etc. 2,000.00 FEES SHALL BE BASED ON ACTUAL TIME SPENT PER OUR FEE SCHEDULE. $61,800.00 TOTAL PROJECT FEES NOT TO EXCEED THE AMOUNT OF: EXTRAS: 1. Items that are not covered by this proposal or additions to this outline. 2. Project revisions other than normal plan check including revision during construction. 3. Legal descriptions and special exhibits of easements,etc. 4. If needed, retaining walls design and structural calculations. 5. Stone drain design, if needed. 6. Traffic Control Plans. 7. Construction Staking. Should such items become necessary, additional fees shall be negotiated, or work can be performed based on time and material per our fee schedule. E. FEE SCHEDULE: For fee schedule, please refer to the attached company schedule. F. AGREEMENT: The terms and conditions of the city typical engineering service agreement are acceptable to us. G. REFERENCES: Numerous references for similar projects can be furnished to you upon your request. Should you have any questions regarding this proposal, or if amplification is needed for any part of this outline, please do not hesitate to call me. Very truly yours, Samir 74, 9Ctiaur� Samir M. Khoury, PE End. vun 0 X11 oil AIIIIII COORY ENGINEERING CIVIL ENGINEERING& LAND SURVEYING FEE SCHEDULE • OFFICE: PRINCIPAL ENGINEER: $180.00/HR DESIGN ENGINEER: 125.00 DRAFTSPERSON: 100.00 CLERICAL/RESEARCH: 42.00 • SURVEYING: 1-MAN PARTY: $100.00/HR 2-MEN PARTY: 190.00 3-MEN PARTY: 210.00 • 12631 E. Imperial Hwy, Bldg. "F", Suitc 124, Santa Fe Springs, California 90670 • TEL: (562) 868-8266 • FAX: (562) 868-0721 • h�OF 4 CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRECTORJASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER DATE: SEPTEMBER 2, 2008 SUBJECT: AUTHORIZATION TO SOLICIT A NOTICE INVITING BIDS (NIB)— BLOCK 36 STORM DRAIN IMPROVEMENTS RECOMMENDATION It is recommended that the City Council authorize staff to solicit an NIB for the Block 36 Storm Drain Improvements. BACKGROUND Azusa Ave. from Foothill Blvd to 6th Street in currently not serviced by a storm drain. A bubbler system along with the curb and gutter has been used to facilitate the movement of water to the storm drain system in 6th Street. Because of.the large amounts of water that sometimes need to be moved during large rainstorms, the system can become overwhelmed and it has come to staffs attention that business's along the west side of Azusa Ave. have been flooded. Also one business on Azusa Ave. has complained that when the bubbler system overflows, maggots crawl out of the system and litter the sidewalk. Another problem is because water holds in the bubbler system along with trash and debris, the smell from the bubbler can be noxious. Because of these issues, the Public Works Department has requested an extension of underground storm drain to the catch basin on Azusa Avenue, north of 6th Street. On March 3, 2008 the City Council authorized staff to enter into an agreement with Wescon Engineering to perform design services for a new storm drain on Azusa Ave. between Foothill Blvd and 6t Street. The design work was completed and staff waited to begin construction until a more convenient time for the downtown merchants. SUMMARY Should the City Council approve staff solicit bids for the Block 36 Storm Drain Improvements the schedule should be as follows: Bid Opening September 25"', 2008 Council Award Date October 6", 2008 Begin Construction October 27tb, 2008 End Construction (estimated) December 15', 2008 The engineer's estimate to construct the storm drain extension is $175,000.00. This estimate will include all required work such as trenching, pipe, traffic control and re-paving. FISCAL IMPACT The engineer's estimate for the project is $175,000. The project is listed in the approved FY 2008-2009 Capital Improvement Plan #66509B and funded under the Sewer Fund 34 in account number 34 80 000.665 7145. s Frsi., '. 4 (i CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT B. GARCIA, CHIEF OF POLICE VIA: F.M. DELACH, CITY MANAGERjf4V-2 DATE: SEPTEMBER 2, 2008 SUBJECT: PURCHASE OF DIGITAL COMMUNICATIONS LOGGER RECOMMENDATIONS It is recommended that the City Council approve the purchase of the NICE, Mina Series IV Digital Communications (voice) Logger from Versatile Information Products (VIP), Inc. in an amount not to exceed $30,413.39. It is further recommended that the City Council approve this purchase based on VIP, Inc. satisfying Azusa Municipal Code 2-522 (c), competitive bidding already completed under CMAS# 3-07-70-2453A and GSA# GS-35F-0579L for this product. BACKGROUND The Police Department records radio transmissions and all incoming and outgoing phone calls from the communications center using a voice logger for evidentiary;-public safety and-officer----- safety purposes. Such systems are an industry standard in law enforcement and must be maintained for at least 100 days by law. The current "Capture" voice logger has become inoperable and the Department is relying on its ten year old back-up system ("Racal"). The "Capture" system is beyond repair and although the "Racal" system has been trustworthy, it is starting to fail as a primary voice logger system. Therefore, the "Capture" system is in desperate need of replacement and a new primary voice logger system must be purchased as soon as possible. The Police Department's Communications Supervisor, Joyce Gurbada and I.T. staff person, Lysell Wofford, recommend the referenced "NICE" voice logger system. Moreover, Mrs. 1 Gurbada secured an unprecedented 90-day money back guarantee from VIP if the Police Department is not 100% satisfied with the installation or operation of the voice logger system. The purchase price includes sales tax, installation,training and a one year service contract. FISCAL IMPACT The FY 2008-2009 adopted budget included $43,300 in account #48499410007410 to replace the voice logger system. Therefore, adequate funds are available to purchase the "NICE" voice logger system. Prepared by: Sam Gonzalez, Captain 2 U C'44FORr'�A R AGENCY CONSENT ITEM TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: MARCENE HAMILTON, REDEVELOPMENT AGENCY TREASURER >'� rl(�f� DATE: SEPTEMBER 2, 2008 SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURER'S STATEMENT OF CASH BALANCES FOR THE MONTH OF JULY 2008 RECOMMENDATION It is recommended that the Agency Members receive and file the Agency Treasurer's Statement of Cash Balances for the Redevelopment Agency of the City of Azusa for the month of July 2008. BACKGROUND Transmitted herewith is the Agency Treasurer's Statement of Cash Balances for the Redevelopment Agency of the City of Azusa("Agency")for the month of July 2008. Agency investments are made in accordance with the Redevelopment Agency Investment Policy approved and adopted with Resolution No. 07-R18 dated June 18, 2007, and Government Code Section 53601. Investment . activity is summarized in the"Treasury Book Balances-Cash and Investments" schedule, attached herewith and an integral part of this report. In July,Agency cash and investment balances increased by$2,082,448.75. Cash received during the month totaled $2,232,241.45, and total disbursements of$149,792.70 were made. The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and investments of 12,145,452.45, Wells Fargo Bank,the fiscal agent,held$4,927,730.95 onbehalf of the Agency. These funds are restricted for payment of debt service on the bonds and special bond- funded projects. The remaining $7,217,721.50 was available for Agency operating, debt service, restricted expenses, and outstanding liabilities. FISCAL IMPACT The balance of cash and investments and projected revenues for the next six months is expected to be sufficient to meet cash disbursement requirements for at least the next six months. Prepared by Roseanna J.Jara,Sr.Acct:Redevelopment MHRU/cs CITY OF AZUSA REDEVELOPMENT AGENCY AGENCY TREASURER'S STATEMENT OF CASH AND INVESTMENT COST BALANCES JULY 2008 Beginning Cash Balance $10,063,003.70 (All Restricted and Unrestricted Accounts & Investments) Receipts (All Sources) 2,232,241.45 Disbursements (149,792.70) Ending Cash Balance $12,145,452.45 (All Restricted and Unrestricted Accounts & Investments) Marcene Hamilton, Agency Treasurer V, CITY OF AZUSA REDEVELOPMENT AGENCY TREASURY BOOK BALANCES•CASH AND INVESTMENTS JULY 2008 Maximum Deposits Cost Interest Mkt Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value' CASH AND INVESTMENTS HELD BY AGENCY TREASURER Wells Fargo Bank Government Checking No imil $267,288.72 FDIC upto$100,000.00 Ongoing 0.000% $28],288.]2 >$100,000 collatedzed by 110%In govn'1 securities Local Agency Investment Fund(LAIF) $20,000.000.00 6,950,43275 Backed by faith a credit of the Stale of California Ongoing 2.787% 6,950,086.78 SUBTOTAL CASH AND INVESTMENTS HELD BY AGENCY TREASURER: $7,217,711.$0 $7,217,375.50 Interest Collections: $59,086.58 CASH AND INVESTMENTS HELD BY FISCAL AGENT 2003 Merged Project Tax Allocation Bonds 2003A Special Fund AIM Govt Portfolio No limit 25,936.10 Investments in direct obligations of me U.S.Treasury Ongoing 1890% 25,936.10 2003A Interest Amount AIM Gov't Portfolio No limit 191.501.88 Investments in direct obligations of the U.S.Treasury Ongoing 1.890% 191,501.88 2003A Principal Account AIM Gov't Portfollo No limit 445,000.00 Investments in direct obligations of be D.S.Treasury Ongoing 1.890% 445.000.00 AIG Matched Funding Corporation No limit 1,085,192.59 Guaranteed Investment Agreement 0729/23 4.780% 1,085,192.59 2003 Merged Project Tax Allocation Bonds Subtotal: $1,747,630.57 $1,747,630.57 Interest Collections: $25,976.69 2005 Merged Project Tax Allocation Bonds 2005 Special Fund Wells Fargo Advantage Gods Mmkt No limit $173,537.13 WA Ongoing 1.830% $173,537.13 2005 Interest Account Wells Fargo Advantage Govt Mmkt No limit 45.11 N/A Ongoing 1.830% 45.11 2005 Redevelopment Fund AIM Govt Portfolio No limit 944 Investments in direct obligations of Ne U.S.Treasury Ongoing 1.271% 944 AIM Institutional Pdmb-Cash MgmVMMk No limit 796,475.27 N/A Ongoing 2.280% 798,475.27 2005 Reserve Amount Wells Fargo Advantage Govt Mmkt No limit 069,259.17 WA Ongoing 1.830% 869,259.17 2005 Merged Project Tax Allocation Bonds Subtotal: $1,839,328.12 $1,839,326.12 Interest Collections: $19,93186 2007A Merged Prolird Tax Allocation Bonds 2007A Bond Fund Wells Fargo Advantage 100%Treasury Mmkl No limit $0.00 WA Ongoing 0.000% $0.00 2007A Interest Account CITY OF AZUSA REDEVELOPMENT AGENCY TREASURY BOOK BALANCES-CASH AND INVESTMENTS JULY 2008 Maximum Deposits Cost Interest MM Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value' Wells Fargo Advantage 100%Treasury Mmkt No limit $4]1,562]0 NIA Ongoing 1.310% $4)1,562]0 2007A Principal Amount Wells Fargo Advantage 100%Treasury Mmkt No limit $340.00000 NIA Ongoing 1.310% $340,000.00 2007A Redevelopment Fund Wells Fargo Advantage 100%Treasury Mmkt No limit $2,]8]09 NIA Ongoing 1.330% $2,787.09 2007A Cost Of Issuance Account Wells Fango Adianmge 100%Treasury Mmkt No limit 0.09 NIA Ongoing 0000% 0.09 2007A Monson]Project Tax Allocation Bonds Subtotal: $814,349.88 $814,349.88 Interest Collections: $2,787,32 20078 Merged Prolect Tax Allocation Bonds 20078 Bond Fund Wells Fargo Advantage 100%Treasury Mmkt No limit $0.00 NIA Ongoing 0.000% $0.00 20078 Interest Account Wells Fargo Advantage 100%Treasury Mmkt No limit $121,381.88 NIA Ongoing 1.310% $121,381.88 20078 Principal Account Wells Fargo Adanlage 100%Treasury Mmkt No limit $80,00000 NIA Ongoing 1.310% $80,000.00 2007B Reserve Fund Wells Fargo Ativanlage 100%Treasury Mmkt No limit 325,042.50 NIA Ongoing 1,310% 325,042.50 20078 Merged Project Tax Allocation Bonds Subtotal: $526,424.38 $526,424.38 Interest Collections: $332.58 SUBTOTAL CASH AND INVESTMENTS HELD BY FISCAL AGENT: $4,927,730.95 $4,927,730.95 Total-Azusa Redevelopment Agency. Cash and Investments: $12,145,452.45 $12,145,106.45 Total Interest Collections: $108,11423 Source of Market Value Information: Wells Fargo Correlate Trust,Trustee Loral Agency Investment Fund(LAIF) Wells Fargo Ins IuVonal Securities Tax Allocation Bond Data is based an Tmsle"ensraled Statements;band funds listed herein are resblcted for payment of debt service and govemed by said regulations described in the Trust Indentures. -Market Value Is the current once at which a security can be need or f ' �J pF.grG Now AGENCY CONSENT ITEM TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: KURT CHRISTIANSEN,ECONOMIC & COMMUNITY DEVELOPMENT DIRECTOR VIA: F. M. DELACH, EXECUTIVE DIRECTOR DATE: SEPTEMBER 2, 2008 !!! ��'��� SUBJECT: ONE-YEAR EXTENSION OF THE AGREEMENT WITH THE DOWNTOWN AZUSA BUSINESS ASSOCIATION RECOMMENDATION• It is recommended that the Agency Members approve a one-year extension of the Agreement with the Downtown Azusa Business Association and approve the compensation amount of $19,500 for fiscal year 2008/09 to support economic development through marketing, community promotion, and cultural events. BACKGROUND: The Downtown Azusa Business Association ("DABA") has been an active participant and advocate for business development and community promotion of our historic downtown commercial area and is responsible for working in partnership with the Redevelopment Agency to promote and diversify the economic base of the Downtown. The attached Amendment to the Agreement extends this partnership through June 30, 2009. As part of this agreement with the DASA, they will continue to work to achieve the economic development goals identified in the original agreement dated July 1, 2006 (attached). The DABA will also be responsible for managing and coordinating the Miss Azusa Scholarship Pageant, Miss Azusa Teen, and the Azusa Mariachi Festival, The Agency will contribute $10,000 for Miss Azusa, $5,000 for Miss Azusa Teen, and $4,500 for the Azusa Mariachi Festival. The Agency's sponsorship for the Azusa Mariachi festival has been reduced by 10% this year, to encourage eventual self-sufficiency by the DABA for this fundraising event. Page 2 September 2, 2008 Honorable Chairperson and Agency Members Re: One-Year Extension of the Agreement with the Downtown Azusa Business Association FISCAL IMPACT: Funds for the DABA's services in the amount of $19,500 have been budgeted in the Redevelopment Agency's adopted fiscal year 2008-09 operating budget. BAC:RJJ/cs Attachments: 1. Amendment No.2 to the Agreement 2. DABA 2007/08 Annual Report 3. Original Agreement Dated July 1,2006 ATTACHMENT NO. 1 SECOND AMENDMENT TO AGREEMENT FOR BUSINESS DEVELOPMENT AND PROMOTION FOR DOWNTOWN AZUSA BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND THE DOWNTOWN AZUSA BUSINESS ASSOCIATION ARTICLE 1. PARTIES AND DATE This Second Amendment to the Agreement for Business Development and Promotion for Downtown Azusa("Amendment') dated and effective as of the ls` day of July 2008, is entered into by and between the Redevelopment Agency of the City of Azusa("Agency") and the Downtown Azusa Business Association ("DABA"). ARTICLE 2. RECITALS 2.1 Whereas, the Agency Board approved the Agreement for Business Development and Promotion for Downtown Azusa("Agreement') on August 7, 2006; and 2.2. Whereas the Agency entered into that certain Agreement dated July 1, 2006, with DABA; and 2.3 . Whereas, the Agency amended that certain Agreement at its Board meeting of September 4, 2007, and extended the term of the Agreement from July 1, 2006 to June 30, 2008, and added compensation of$20,000 for FY 2007/08; and 2.4 Whereas, DABA is satisfactorily performing all duties and obligations required by the Agreement; and. 2.5 Whereas, pursuant to the Agreement, the compensation from the Agency for special events and promotional activities was not to exceed$40,000 for FY 2006/07 and FY 2007/08. 2.6 Now, therefore, the Agency and DABA desire to amend the Agreement to extend the term of the agreement by one additional year, to June 30, 2009, and to include additional compensation of$19,500 for said one additional year. 1 ARTICLE 3. TERMS 3.1 Section 5 of the Agreement is hereby deleted in its entirety and replaced with a new Section 5 to read as follows: "5. Compensation. For the services provided pursuant to and as required by Section 2, Scope of Services, the DA 3A shall receive compensation from the Agency for special events and promotional activities as follows: FY 2006/07: Not to Exceed Twenty Thousand Dollars ($20,000). FY 2007/08: Not to Exceed Twenty Thousand Dollars ($20,000). FY 2008/09: Not to Exceed Nineteen Thousand Five Hundred Dollars ($19,500). 3.2 Continuing Effect of Agreement. Except as otherwise set forth in this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the effective date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by First Amendment dated July 1, 2007, and this Second.Amendment dated July 1, 2008. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate consideration for the performance of the obligations they have undertaken pursuant to this Amendment. 3.4 Counterparts. This Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same .instrument. [SIGNATURES ON FOLLOWING PAGE] 2 REDEVELOPMENT AGENCY DOWNTOWN AZUSA BUSINESS ASSOCIATION OF THE CITY OF AZUSA By: By: F.M. Delach, Executive Director Jim Cortez, President Date: By: Peggy Martinez, Executive Director Date: ATTEST: Agency Secretary Approved as to Form: Agency Counsel 3 f ATTACHMENT NO, 2 Downtown Azusa Business Association 795 N. Dalton Ave. Azusa, CA 91702 Phone 626 812-5818 Email martinezp636(&,,wmconnect.com ANNUAL REPORT 2008 Downtown Azusa Business Association continues to achieve and strengthen partnership in the revitalization of downtown. 1. Military Banner on Azusa Avenue is almost at its full capacity. This program has proven to be one of our most successful in our community. We are very proud to be able to continue to honor and play tribune to Azusa Military Members, and yellow bows have been added to the banner. All monies collected are still solely for printing the banners. 2. Funding is through our annual membership fees and our annual Mariachi Festival. This year the Ninth Mariachi Festival is to be held on May 2, 2009, at Citrus College Performing Arts Center. Not only do we receive our main source of funding from our festival we continue to support the after school program Mariachi de Azusa. This coming year, we will be taking more responsibility in promoting our Downtown Historic District and motivate and recruit more business. We continue our dedication in enhancing the economic the economic viability of the downtown corridor. 3. The Miss Azusa & Miss Azusa Outstanding Teen has proven over and over of the dedication of our titleholders to the community. They attend Grand Openings and Special Events as representatives for the City Azusa, and they also go to other local pageants. I'm proud to say that our local pageant has made scholarships available to our titleholders. Today, Miss America and its 1,500 Local and State Pageants comprise the largest single source of scholarship funds available to young women in the world. 4. We hope this year to make Miss Azusa & Miss Azusa Outstanding Teen a 5016 nonprofit organization. We will operate within the guidelines of the Miss America Organization while stressing individuality, personal development, communication skills and physical fitness. The non-profit organization will be organized pursuant to the provisions of the general Non-Profit Corporation Law of the State of California, and the life of the organization shall be perpetual. 5. GOALS FOR 2009 Downtown; a. Continue with the vision b. Undertake the issues and opportunities Economic,Physical and Social c. Get the pieces in Place. d. Provide Workshops for the small business owners e. Finish with the Details. f.Non-Profit 501c3 for Miss Azusa&Miss Outstanding Teen. g. Continue open-door policy for downtown businesses h. Help with Well-Designed and Placed Parking and a Pedestrian—Friendly downtown i. Work with Target Store as a Key Anchor. Peggy Martinez Director Downtown Azusa Business Association 2008 Goals Accomplishments A. Goal— Organization: Building partnerships. Maintain DABA as non-profit of Section 501 © 6 1. Maintain office hours: Monday—Wednesday 9:30am - 2:30 p.m 2 Closed on holidays determined by the Board of Directors 3. Adhere to the "California Main Street"program principles 4. Build and Maintain Membership: Membership from Downtown Azusa, Property owners and merchants, Organizations, schools and other downtown stakeholders. 5. Build partnerships: Banner Program, Azusa Veterans, Mariachi de Azusa, Azusa Unified School District, Miss Azusa& Miss Outstanding Teen, Azusa Committee(volunteers) Azusa Community Coordinating Council and Azusa Chamber of Commerce. 6. Develop a Communications and Public Relations Program. Web site, open door policy and member of Coordinating Council. 7. Funding Sources: membership dues and Mari achi Festival. B. Goal Economic Restructuring: Strengthening existing economic assets while diversifying the Downtown base. 1. By-weekly meeting with Economic Community Development Director, monthly meeting with the Chamber economic and governmental affairs committee. 2. Member of Azusa North Committee, Red Team and work with APU Students in determining market niches. Quarterly meeting with DABA members. 3. Conduct research and maintain a reference library: Available at our office, Small Business assistance programs, Azusa Business Basics, Apply for Designs Review, Variance, Building Inspections, Apply for a Minor Use Permit. Developed a web site DABA.com, List of available space in the downtown. We always worked with the Redevelopment Agency to create program maintaining with downtown district. Having grand opening C. Goal Promotion: Reestablish Downtown as a compelling place to shop: Coordinate with Azusa Chamber of Commerce with Grand Opening In the Downtown District. Encourage property owner and tenants to maintain the downtown. We also a partnership with Mayor Joe Rocha to help do cleans up Every other month. We will continue to fulfill our obligation to the City of Azusa and to the Downtown Azusa Business Association membership. ATTACHMENT NO. 3 AGREEMENT FOR BUSINESS DEVELOPMENT AND PROMOTION FOR DOWNTOWN AZUSA THIS AGREEMENT is made by and between the Redevelopment Agency of the City of Azusa (hereinafter "Agency"), and the Downtown Azusa Business Association, a California nonprofit corporation (hereinafter "D.A.B.A.") and is dated and effective as of July 1 , 2006. In consideration of the mutual covenants set forth herein, the parties hereto agree as follows: 1 . RECITALS: This Agreement is made and entered into with respect to the following facts: A. Agency and D.A.B.A. share. common goals.for the economic development and promotion of the Downtown Azusa. For the purposes of this Agreement, Downtown Azusa is defined as that area along Azusa Avenue between 1" and 9ih Streets, and Foothill Boulevard between Dalton and San Gabriel Avenues; and B. D.A.B.A proposes to provide promotional programs for the development and improvement of businesses, within Downtown Azusa and, desires to carry on the comprehensive programs of business development, promotion and improvement, as contemplated by this Agreement; and 2. SCOPE OF SERVICES: D.A.B.A agrees to assist the Agency in fulfilling the following goals and further agrees to perform the following special services ("Project") for the Agency in support of goals: a. GOAL I - ORGANIZATION: Building partnerships. i. Maintain the Downtown Azusa Business Association as non-profit operation. The D.A.B.A. shall function exclusively as a business league within the meaning of Section 501(c)(6) of the Internal Revenue Code. fl. Maintain office hours in the Downtown area as follows: 1. Operations: Monday and Tuesday 10:00 a.m. to 3:00 p.m. 2. Closed on holidays determined by the Board of Directors. lii. Adhere to the to "California Main Street" program principles Services offered include: 1. Clinics, Seminars and Workshops; 2. Growing Resources for Revitalization; 3. Attend training seminars - Economic Development/Downtown Revitalization Main Street Seminar. iv. Build and Maintain Membership: 1. Membership recruitment shall take place from the property owners and merchants in Downtown Azusa, organizations, schools, concerned U lam OmmRnasM..w ,.crtEwexi_Pram oor 1 0 PY citizens, and other downtown stakeholders; 2. Build partnerships with members, organizations, and volunteers to achieve a high level of cooperation/collaboration; and 3. Achieve a high standard of diverse groups working together effectively to promote Downtown Azusa. v. Develop a Communications and Public,Relations Program A. Provide fund-raising activities to diversify D.A.B.A's funding sources. b. GOAL II-ECONOMIC RESTRUCTURING: Strengthening existing economic assets while diversifying the Downtown base. I. Worlc with the Agency and the Azusa Chamber of Commerce to help improve the Retail/Service mix by expanding existing businesses and recruiting new ones. Attract new business to occupy vacant spaces and increase the competitiveness of the existing merchants. ii. Worlc with the Agency to determine market niches as part of identifying the downtown vision. iii. Conduct research and maintain a reference library: a. Obtain all available Small Business Assistance programs; b. Identify all development fees and requirements necessary by the City of Azusa for potential developers; and c. Maintain list of all available space In the Downtown. iv. Develop a web page to encourage membership opportunities and promote downtown Azusa. v. Support the recruitment of new business and local merchants through the efforts of a quarterly newsletter. vi. Woric in partnership with the Small Business Administration, Small Business Development Center and similar organizations, to host small business development workshops for new and existing businesses. vii. Work with the City of Azusa Redevelopment Agency to create a Business Improvement District (BID) to support future programs which are intended to bring potential clients to Downtown Azusa. c. GOAL III-PROMOTION: Reestablish Downtown as a compelling place to shop, live, work, and play. I. Develop a special events program to promote community heritage, special holidays, and social events; UAB Aocuonnr CZMA wnceMn?wamroc 2 C 04,6 PY ii. Coordinate with the Azusa Chamber of Commerce all ribbon-cutting ceremonies for new businesses in the Downtown; and iii. Develop a promotions program that involves cooperative retail advertisements and image campaigns. d. GOAL IV-DESIGN: Enhancing the visual quality of Downtown. L Assist property owners and tenants so that they may make informed choices about design; ii. Review City codes and ordinances.relevant to development and business operations; iii. Encourage property owners and tenants to maintain their properties in a clean and attractive manner; iv. Encourage property owners and tenants to make improvements and keep attractive storefront displays; and v. Develop a library of references and examples of attractive buildings and design elements that can be used to achieve the above. e. OTHER SERVICES: I. The D.A.B.A. shall administer and oversee the Miss Azusa Scholarship Program and the Miss Azusa Teen Program. ii. The D.A.B.A. shall host the annual Mariachi Festival promoting Azusa's strong sense of community and our heritage. The scope of services may be expanded by both parties to include other projects of mutual benefit. Both parties will agree upon funding of such additional services. 3. BUDGET: The D.A.B.A's proposed expenditure budget, for the funds to be received from the Agency will be presented within ninety- (90) days of this agreement. 4. D.A.B.A OPERATIONS: For the purpose of performing the Scope of Services described, the D.A.B.A shall, at a minimum: a. Maintain an office, open to the public; and b. Shall procure such equipment and materials, and enter into such contracts as are necessary. 5. COMPENSATION: For Scope of Services a through e (a-e), the D.A.B.A. will request C V P Y payments from the Agency for special events and promotional activities not to exceed Twenty Thousand Dollars ($20,000) upon execution of this agreement. 6. TERM OF AGREEMENT: This Agreement shall be in full force and effect from July 1, 2006 to June 30, 2007. Either party may terminate this Agreement for any reason upon giving the other party ninety (90) days written notice. 7. REPORTS: a. The D.A.B.A shall prepare and submit to the Agency an annual financial report within ninety (90) days following the end of the fiscal year. This report shall include financial statements and a fully financial accounting of the use of funds received by the D.A.B.A pursuant to this Agreement and in a form specified by Agency's Director. b. The D.A.B.A. shall present to the Agency, a quarterly report of activities, showing its progress towards accomplishing the goals and projects described in the Scope of Services of this Agreement. The report shall be in a form specified by the Agency's Director. Additionally, the D.A.B.A agrees to provide, upon request, a current list of its members. Agency an/or its independent auditors shall have authority at any reasonable time, as agreed between the Agency and the D.A.B.A, to audit the D.A.B.A records of account with respect to all funds received by the D.A.B.A, from the Agency, under this Agreement. c. Quarterly meetings shall be held to evaluate progress on accomplishing the goals and projects of this Agreement. Attendees shall include: Agency's Director and/or staff designee; D.A.B.A Board members and D.A.B.A Executive Director. S. LIABILITY AND INDEMNIFICATION: a. D.A.B.A shall be liable to Agency for any expenditure of funds contrary to the provisions of this Agreement. b. No member, officer or employee of the D.A.B.A shall be personally liable to the Agency pursuant to the provisions of this Agreement. c. Each party hereby agrees to defend, indemnify and hold the other party its officers, employees and agents, free and harmless from any claim, damage to or destruction of any property arising out of any act of negligence, or failure to act, of either party in the performance of its obligations to the other pursuant to this Agreement. d. Not in derogation of the indemnification obligation pursuant to subparagraph C of this paragraph, D.A.B.A shall during the term of the Agreement, have and maintain in effect, insurance coverage in and file a Certificate of Insurance with the Agency confirming such insurance and naming the City of Azusa and Agency as an additional insured. uvmnocxnxnts,om,¢+•crcen�?FYwoooc 4 UOPY 9. INDEPENDENT CONTRACTOR: In carrying out the terms of this Agreement, the D.A.B.A shall bean independent contractor performing services for the Agency and shall not be deemed to be an agent, employee or entity of the Agency or the City of Azusa. The D.A.B.A shall be responsible for the payment of wages and benefits to its employees, for withholding taxes from such compensation and for payment of all debts and obligations which it may incur. (SIGNATURES TO FOLLOW ON NEXT PAGE) WWPltp(,imPA MS MSM UBMM%"W WC COPY REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Francis M. Delach, Executive Director Date: DOWNTOWN AZUSA BUSINESS ASSOCIATION Jim Corte , resisident Date: l o6 DOWNTOWN AZUSA BUSINESS ASSOCIATION Peg6fMartinez, ExeF ive Director Date: ATTEST: Vera Mendoza,City ClerY 00M' i0 AUGO"130L'01DWOEU.DOC C 0p • WARRANT REGISTER NO.24 FISCAL YEAR 2007-08 WARRANTS DATED 07/01/08 THROUGH 07/15/08' 40 FOR REDEVELOPMENT AGENCY MEETING OF 09-02-08 RESOLUTION NO. 7 + A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. That the following claims and demands have been audited as required bylaw and that the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as hereinafter set forth: 80-110-REDEVELOPMENT ADMINISTRATION FUND $ 6.833.30 80-125-CBD CAPITAL PROJECTS FUND 246,953.47 .80-135-WED CAPITAL PROJECTS FUND 701.92 80-185-RANCH CAPITAL PROJECTS FUND 80-165-618-2005 TAX ALLOCATION BONDS FUND 81-I55-TAX INCREMENT SET-ASIDE FUND - 20,676.00 82-125-CBD DEBT SERVICE FUND 82-135-WED DEBT SERVICE FUND 82-185-RANCH CENTER DE13T SERVICE FUND TOTAL ALL FUNDS: _ $ 275,1640 SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records. ADOPTED AND APPROVED THIS DAY OF 2008. Chairman I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting thereof,held on the day of 2008. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary City of Azusa HP 9000 08/27/08 O P E N H 0 L D D B LISTING By Person/Ebtity Nme Page 1 �,K), ALG 27, 2008, 3:55 FM ---req: RDSE-------leg: GL JL---loc: BI-=---jcb: 609386 #J1562---pgn: CFAOO <1.34> rpt id: CHFLTR02 SECECIT FOND Cies: 80-82 ; CL R.stirx3 Dates: 070107-063008 Check Issue Rtes: 070108-071508 PE ID PE Dbrre ACCL"LNT NJEER / JCB NUvEER Invoice Nunter De=ptiarr St Disc. Ant. Dist. Part. V00363 AaM CHN42ER OF 8010110000-6630 334 FY 07/08 CH*12ER PD 0.00 3,333.37 F= VT LIT0.00 Paid: 3,333.37 'Ibtal: 3,333.37 V01305 AZLEA CTIY FED C 8000000000-3035 2610/0801014 PR414/08 FD 0.00 206.25 PES d: 0.00 Paid: 206.25 Total: 206.25 V10604 AWSA MII7]IE MAN 8000000000-3020 2618/0801014 FR#14/08 PD 0.00 30.00 PEIDd: 0.00 Paid 30.00 Total: 30.00 V05804 MT BEST & MUE 8110155000-6301 576379 5/08 LGL-SR CARE PD 0.00 2,732.50 V05804 BEST BEST & KRIE 8010125000-6301/505800-6301 576387 5/08 LG CHDI ET PD 0.00 21054.47 V05804 BEST EEST & KRIE 8010125000-6301/505800-6301 576385 5/08 LGL-810 ALA FD 0.00 974.22 V05804 BEST BEST & FQ2IE 8010125000-6301/502801-6301 576376 5/08 LLL PLAN AM PD 0.00 4,763.10 V05804 EEST ESI' & KRIE 8010125000-6301/505825-6301 576388 5/O8 L L. CBS BIL FD 0.00 3,087.55 V05804 EEST BEST & KRIE 8010135000-6301 576377 5/08 LGCrD= L FD 0.00 684.70 V05804 BEST BEST & KRIE 8110155000-6301 576378 5/08 LGL-SR CME PD 0.00 832.30 V05804 BEST BEST & KRIE 8110155000-6301/505310-6301 576378 5/08 LGL-SR CARE FD 0.00 1,502.20 V05804 BEST = & KRIS 8010125000-6301/505825-6301 576381 5/08 L I IAF�'I' FD 0.00 1,442.25 V05804 QST QST & KRIE 8010125000-6301/505800-6301 576384 5/08 LGVAMAS PD 0.00 423.32 PEIDd: 0.00 d: 18,496.61 Tbtal: 18,496.61 V10497 R\1B EDGIlE� 8010125000-2745 11148 Ctntracts Pbl/Cb FD 0.00 -4,647.02 V10497 HVB EbUINEGUG 8010125000-2745 11130 Cmtracts Pbl Cb FD 0.00 -6,687.67 V10497 E\ID IIGMffi I 8010125000-7110/505700-7110 11130 ELK 36 OFFS U FD 0.00 66,876.65 V10497 EM ENUU\E= 8010125000-7110/505700-7110 11148 EI{ 36 OFFSITE U PD 0.00 46,470.24 V10497 ME EMUNEEPI,\r; 8010125000-7110/505700-7110 11126 ELK 36 OFFS U PD 0.00 63,068.50 V10497 RE EDGIlffi2IlG 8010125000-2745 11126 amtrac'ts Pbl/Cb PD 0.00 -6,306.85 PEID d: 0.00 d: 158,773.85 City of Azusa HP 9000 08/27/08 O P E N HOLD D B LISTING �/ Pie [aD, ALS 27, 2008, 3:55 FM ---req: IdCSE-------leg: C3 JL --loc: BI-TD I---jcb: 609386 #Jl562---pgm: Q-kOO <1.344 rpt id: CHFLTRO2 SEEP FUND Clxes: 80-82 ; GL Pasting Dates: 070107-063008 Check Issue Dates: 070108-071508 PE ID PE Nare ACCOW NUvEER / JOB NUvIM Invoice Mxrber D--=pticn St Disc. Pr t. Dist. Pmt. Tbtal: 158,773.85 V06783 CTITSIRFEP 8000000000-3010 2310/0801014 14/08 FD 0.00 446.45 V06783 CTPISIREEI 8000000000-3010 2315/0801014 14/08 FD 0.00 120.63 V06783 CTTTSIREE�T 8000000000-3010 1310/0801014 14/08 PD 0.00 206.57 PMUrIDaid: 0.00 Paid: 773.65 Tbtal: 773.65 V00348 COE= HEALTH 1 8000000000-3054 2435/0801014 PR#14/08 PD 0.00 19.25 PEID idid: 0.00 �Paarid: 19.25 Total: 19.25 V10115 LPN CalIRAC OR 8110155000-6650/505300-6650 135BCA98 EMIALV1018N SUB FD 0.00 8,000.00 P= d: 0.00 Paid: 8,000.00 Total: 8,000.00 V00331 FECERAr. FXPPFSS 8010125000-6625/505800-6625 275495732 117052788/E.TOBI PD 0.00 29.68 V00331 FECERAL EXPRESS 8010125000-6625/505800-6625 276845507 117052788/J.HJLL PD 0.00 17.68 PEM ik'Md: 0.00 Paid: 47.36 Tbtal: 47.36 V09257 HARRIS CS \Z= 8110155000-6650/505300-6650 2047 FINAL/923E Ng1TIA PD 0.00 4,600.00 ID 0.00 FE Paid: 4,600.00 Tbtal: 4,600.00 V00368 HAMS ASSOnkgM 8010125000-6399/505825-6399 200705807 FO AL1 UIMENF PD 0.00 -36,179.45 V00368 HAVES A&MMIES 8010125000-6399/505825-6399 200705807 CFS:a./IIVU7IR DOC S PD 0.00 47,314.80 V00368 FP= ASSOCIATES 8010125000-6399/505825-6399 200705806 S PD 0.00 59,946.20 FEID LhA1�id: 0.00 Paid: 71,081.55 Tbtal: 71,081.55 City Of Azusa HP 9000 08/27/08 O P E N H 0 L D D B LISTING, By PEntity Narre Page 3 WED-, ALG 27, 2008, 3:55 FM ---req: ROSE-------leg: GL JL,--loc: BI-Tfl;I-I---3cb: 609386 #J1562---p9m: CE900 <1.34> rpt id: CHFL 02 SE[= FUSD Ctdes: 80-82 ; GL Posting Dates: 070107-063008 Check Issue mites: 070108-071508 PE ID FE I\bne ACIXXNP MMER / JCB NUVEFR InvO1O? Umber Des=pticn St Disc. Ant. Dist. krt. V10575 FSE-DRaRD IN 8010125000-6399/505800-6399 12931 PAAMR13L/�C.S^D�k�SV FD 0.00 3,800.80 V10575 [DME-1RE ANn IN 8110155000-6399 12899 f�1� r' r'V lVl PD 0.00 3,009.00 PEID d: 0.00 d: 6,809.80 Total: 6,809.80 V03196 LUSDIN MTMAL 8000000000-3010 2325/0801014 14/08 FD 0.00 290.63 V03126 LII= NA CMI, 8000000000-3010 . 2320/0801014 14/08 FD 0.00 50.43 V03126 L \= N�1TICML 8000000000-3010 1320/0801014 14/08 PD 0.00 59.06 PEID t�,d: 0.00 Paid: 400.12 Total: 400.12 V01582 DEX EL OSMLNICS 8010110000-6915 635925025072 635925025072/CEL PD 0.00 47.74 MID lukmd: 0.00 d: 47.74 Tbtal: 47.74 V00540 OFFICE D= INC 8010110000-6530 433524009001 207037 PIIDP RET PD 0.00 17.53 PEID UVaid: 0.00 d: 17.53 Total: 17.53 V06713 OGCE3Q BIINEETTS A 8000000000-2724 1226/0801014ppR�$$14/08 FD 0.00 0.79 TS V06713 CMEN EEbUiA 8000000000-2724 1225/0801014 B14/08 PD 0.00 3.19 PEID d: 0.00 d: 3.98 Total: 3.98 V10355 PACiFTC CC1 r CT 8010135000-6399/503305-6399 12347 ALTA SL= FD 0.00 17.22 PEIDvaid: 0.00 Paid: 17.22 Total: 17.22 V04138 RE2SASTAR LIFE I 8000000000-3054 2410/0801014 PR414/08 PD 0.00 1.87 sa qty ALIG 227, 2008, 3:55 FM -08/27/08 O P E N H O L D D B LISTING By F2x cai/Fhtity Nacre Pape 4 ROSE-------1e3: GL JI ---loc: BI-1D`I-I---job: 609386 ##J1562---pgn: 00 <1.34> zpt id: CHFLTR02 SST FUU Ores: 80-82 ; CL Posting Dates: 070107-063008 track Issue Dates: 070108-071508 PE ID PE Nage AO= NUvEER / JOB N[NBER Invoice Nxrber Des=pticn St Disc. Ant. Dist. Ant. V04138 RFTTA.STAR LIFE I 8000000000-3053 2215/0801014 PR#14/08 FD 0.00 2.50 PEID d: 0.00 Pai-d: 4.37 Total: 4.37 V02371 SPRINT 8010110000-6915 0581031978042608 05810319780/7RED FD 0.00 15.00 PEID U� �d: 0.00 Paid: 15.00 lbtal: 15.00 V10053 S WPIRD IMR RM 8000000000-2725 1221/0801014 FR414/08 FD 0.00 87.08 PEID d: 0.00 d: 87.08 Total: 87.08 V08056 STS INSMAN 8000000000-3044 1255/0801014PR#14/08 PD 0.00 193.10 V08056 SIPS INSURAN 8000000000-2725 1220/0801014 14/08 PD 0.00 72.14 PEID LhA>aid: 0.00 Paid: -265.24 Total: 265.24 V10009 TIFRRA WEST AUVI 8010125000-6340/502801-6340 100505 MW2008/PRDFESSI FD 0.00 505.00 PEID LhMd: 0.00 Paid: 505.00 Total: 505.00 V06107 U.S. BANK C:RP P 8010110000-6230 036906232008 ICSC MRvERSFIIP/K PD 0.00 50.00 PM d: 0.00 d: 50.00 Total: 50.00 V10166 U4ICN BANK OF CS 8000000000-3073 2130/0801014PR#14/08 PD 0.00 915.24 V10166 UIICN MR OF CA 8000000000-2727 1130/0801014 14/08 M 0.00 443.15 PEID T mid: 0.00 Paid: 1,358.39 City of Azusa HP 9000 08/27/08 O P E N HOLD D B LISTING By P8rscn/Fhtity Nate Fade 5 WEE), AL1; 27, 2008, 3:55 FM ---req: ROSE-------leg: GL JL---lcc: BI-TDG-I---job: 609386 #J1562---p9m: CH400 <1.34> rpt id: CHMTR02 SE= ELDID CJ s: 80-82 ; GL Fbstirg Cates: 070107-063008 Check Issue Dates: 070108-071508 PE ID PE Narm AO= NU4�II2 / JOB NUvIER Invoice Neer De=pticn St Disc. Part. Dist. Pnt. Total: 1,358.39 V00388 VERI7LN 8010110000-6915 6261975078062808 626-1975078 PD 0.00 21.34 P=) 0.00 Paid: 21.34 Total: 21.34 V00876 W SFIIIUTLIV MMA 8000000000-3010 1330/0801014 14/08 FD 0.00 9.00 V00876 4�F3.S[-III�U'IL1�T WILA 8000000000-3010 2330/0801014 14/08 FD 0.00 50.00 V00876 W%SHIN= MJICA 8000000000-3010 2335/0801014 14/08 FD 0.00 140.99 FEID UjDayd: 0.00 Paid: 199.99 Tbtal: 199.99 GRAND TOTALd: 0.00 Paid: 275,164.69 Tbtal: 275,164.69 WARRANT REGISTER NO.01 FISCAL YEAR 2008-09 WARRANTS DATED 07/01/08 THROUGH 07/15/08 FOR REDEVELOPMENT AGENCY MEETING OF 09-02-08 RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. That the following claims and demands have been audited as required bylaw and that the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as hereinafter set forth: 80-110-REDEVELOPMENT ADMINISTRATION FUND $ 4,280.00 80-125-CBD CAPITAL PROJECTS FUND 80-135-WED CAPITAL PROJECTS FUND 80-185-RANCH CAPITAL PROJECTS FUND 80-165-618-2005 TAX ALLOCATION BONDS FUND 81-155-TAX INCREMENT SET-ASIDE FUND 82-125-CBD DEBT SERVICE FUND 82-135-WED DEBT SERVICE FUND 82-185-RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: S 4,280.00 SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records. ADOPTED AND APPROVED THIS DAY OF 2008. Chairman I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting thereof, held on the day of 2008. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary City of Azusa HP 9000 08/27/08 0 P E N HOLD D B LISTING By Pe�Fhtity Nage � 1 WEB, AIS 27, 2008, 3:55 FM ---req: ROSE-------leg: GL JL---lcc: BI-'IFZZ-I---jcb: 609385 #J1561---pgn: 00 <1.34> rpt id: 02 SE[FxT FUD Qom: 80-82 ; GL Posting Kites: 070108-071508 Check Issue Bates: 070108-071508 PE ID PE NaTe AD= NUvEER / JOB NUvEE 2 Invoice NLuber Das=pticn St Disc. Ant. Dist. Ant. V01052 SLUIIHEFQ CALSFCY2 8010110000-6230 0800107 MSvEEPSHIP DOES PD 0.00 4,280.00 PEIDi�d: 0.00 Faid: 4,280.00 Total: 4,280.00 GRAND TOTALIh�d: 0.00 Paid: 4,280.00 'Ibtal: 4,280.00 • OF` U N r *� c�t�Fo��r 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 MANAGERl;ftM47 DATE: SEPTEMBER 2, 2008 SUBJECT: HUMAN RESOURCES ACTION ITEMS RECOMMENDATION It is recommended that the City Council approve the following Personnel Action Requests in accordance with the City ofAzusa Civil Service Rules and applicable Memorandum of Understanding(s). BACKGROUND On August 12,2008 and August 26,2008,the Personnel Board co firmed f 1 wing Dep eneadx recommendations regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOIN NT: 11 pDEPARTMENT NAME CLASSIFICATION RANGE/STEP jam- BASE MO SALARY Police Olga Bruno Emergency Services ent Inc. 3268/2 Coordinator 8/06/2008 $6,231.65 Police Amelia Magana Police Dispatcher Merit Inc 9166/2 $3,655.82 Police Stephanie Salvatorre Police Dispatcher Merit Inc. 9166/2 6/17/2008 $3,655.82 Police Charles Wilkins Police Officer Reg. Appointment 6101/2 07/30/2008 $5,310.75 Police Robert Landeros -Police Officer Merit Inc. 6101/4 01/17/2008 $5,860.69 Police Christopher Grant Police Officer Merit Inc 6101/3 5-23-2008 $5,578.71 Economic and John Saathoff Building Inspector Merit Inc 4199/5 Community Dev. 7/29/2008 $5,770.30 Police Bertha Parra Police Officer Merit Inc. 6101/3 8/23/2008 $5,801.85 Police Thomas Montague Community Improvement Merit Inc. 9164/4 Officer 01/01/2008 $4,056.69 Human Noel Carpenter Human Resources Technician Merit Inc. 4167/5 Resources 09/12/2008 $4,373.74 Public Works Vidal Villagomez Street Maintenance Worker I Merit Inc. 4153/5 08/08/2008 $3,927.87 B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to the Rules of The Civil Service S stem. DEPARTMENT NAME CLASSIFICATION'. EFFECTIVE EP .' DATE"; x ASE MO. ARY^`. Police Rosa Sok Police Records Specialist I Pending physical& 9160/1 background $2,716.40-:Z- C. 2,716.40 C. FLEXIBLE STAFFING PROMOTION:The following flexible staffing promotional appointments have been requested by de artment head(s)pursuant to the Rules of the Civil Service S stem. =DEPARTMENT NAME xa `CLASSIFICATION EFFECTIVE RANGE/STEP Mal . Y3 ' `r :, _ ' _,E RO1VI/TO u . _ 4 .k> DATE s BASE MO.-SALARY..: Utilities Jesus Sanchez From: Water Dist. Worker I 07/25/2008 5178/3 To: Water Dist. Worker II $4,422.15 Utilities Richard Gonzalez From: Water Dist. Worker I 08/06/2008 5178/2 To: Water Dist. Worker 11 $4,217.79 D. RECLASSIFICATION—The following reclassification has been requested by the department head and are being made in accordance with the City of Azusa Rules of the Civil Service S stem, DEPARTMENT tNAME CLASSITICATIOI EFFECTIVE -RANGE/STEP , )FROtRT, Public Works Mary Bustamante From: Bus Driver 07/01/2007 4163/5 To: Transportation Dispatcher $4,091.95 Public Works Israel Del Toro From: Management Analyst 07/01/2008 3306/3 To: Senior Management $5,554.42 Analyst E. SEPARATION: The ollowing separations are submitted for informational purposes. DEPARTMENT+ , -c.. '?TAMEtA :-,K. . .GL'ASSIFICATION . V`.+. EEFFECTIVE DATE Recreation&Family Heath Hamilton Recreation Superintendent 08/14/2008 Services Police Sandra Peterson Police Records S ecialist III 08/23/2008 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER VIA: F.M.DELACH, CITY MANAGER DATE: SEPTEMBER 2, 2008 SUBJECT: HUMAN RESOURCES ACTION ITEMS RECOMMENDATION It is recommended that the City Council approve the following Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). BACKGROUND On August 12, 2008 and August 26,2008,the Personnel Board confirmed the following Department Head recommendations regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPARTMENT ..NAME CLASSIEICATiON.;:,' ACTION/EFF RANGE/STEP . DATE. BASE MO SALARY Police Olga Bruno Emergency Services Merit Inc. 3268/2 Coordinator 7/15/2008 $6,231.65 Police Amelia Magana Police Dispatcher Merit Inc 9166/2 7/07/2008 $3,655.82 Police Stephanie Salvatore Police Dispatcher Merit Inc. 9166/2 6/17/2008 $3,655.82 Police Charles Wilkins Police Officer Reg. Appointment 6101/2 07/30/2008 $5,310.75 Police Robert Landeros Police Officer Merit Inc. 6101/4 01/17/2008 $5,860.69 Police Christopher Grant Police Officer Merit Inc 6101/3 5-23-2008 $5,578.71 Economic and John Saathoff Building Inspector Merit Inc 4199/5 Community Dev. 7/29/2008 $5,770.30 Police Bertha Parra Police Officer Merit Inc. 6101/3 8/23/2008 $5,801.85 Police Thomas Montague Community Improvement Merit Inc. 9164/4 Officer 01/01/2008 $4,056.69 Human Noel Carpenter Human Resources Technician Merit Inc. 4167/5 Resources 09/12/2008 $4,373.74 Public Works Vidal Villagomez Street Maintenance Worker I Merit Inc. 4153/5 08/08/2008 $3,927.87 B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to the Rulf;s of The Civil Service System. DEPARTMENT NAME CLASSMCATION EFFECTIVE GELS DATE ASE MO.S ARY Police Rosa Sok Police Records Specialist I Pending physical& 9160/1 ---> background $2,716.40 J C. FLEXIBLE STAFFING PROMOTION: The following flexible staffing promotional appointments have been requested b d artin t head(s)pursuant to the Rules of the Civil Service S tem. DEPARTMENT: NAME. CLASSIFICATION EFFECTIVE RANGE/STEP ... FROMITO DATE BrYSE:MO.`SALARY , Utilities Jesus Sanchez From: Water Dist. Worker I 07/25/2008 5178/3 To: Water Dist. Worker II $4,422.15 Utilities Richard Gonzalez From: Water Dist. Worker I 08/06/2008 5178/2 To: Water Dist. Worker II $4,217.79 D. RECLASSIFICATION—The following reclassification has been requested by the department head and are being made in accordance with the Ci of Azusa Rules of the Civil Service S tem, DEPARTMENT.: NAME ;` •CLASSIFICATION EFFECTIVE RANGE7STEP,x,. FROM/TO DATE BASEMO.iSALARY Public Works Mary Bustamante From. Bus Driver 07/01/2007 4163/5 To: Transportation Dispatcher $4,091.95 Public Works Israel Del Toro From: Management Analyst 07/01/2008 3306/3 To: Senior Management $5 554.42 Analyst ' E. SEPARATION: The following separations are submitted for informational purposes. DEPARTMENT NAME ., CLASSIFICATION EFFECTIVE DATE Recreation &Family Heath Hamilton Recreation Superintendent 08/14/2008 Services Police Sandra PetersonPolice Records Specialist III 08/23/2008 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. I cz £ rt .. s3. .#;r,,c:.s `ss , . .... ,£.y .34e. £ <.s.:...... #.c # < .:#� s 3,.,.:,:s £�','a£s•s,..,.. i ��h 3':'s£%#.is CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS,INTERIM DIRECTOR OF HUMAN RESOURC (PERSONNEL OFFICER VIA: F.M. DELACH, CITY MANAGER DATE: SEPTEMBER 2, 2008 SUBJECT: HUMAN RESOURCES ACTION ITEMS RECOMMENDATION It is recommended that the City Council approvdhe following Personnel Action Requests in accordancewith the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). BACKGROUND On August 12, 2008 and August 26, 2008, the Personnel Board confirmed the following Department Head recommendations regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPARTMENT :NAME CLASSIFICATION ACTION/EFF RANGE/STEP ` DATE : BASE MO SALARY Police Olga Bruno Emergency Services Merit Inc. 3268/2 Coordinator 7/15/2008 $6,231.65 Police Amelia Magana Police Dispatcher Merit Inc 9166/2 7/07/2008 $3,655.82. Police Stephanie Salvatorre Police Dispatcher Merit Inc. 9166/2 6/17/2008 $3,655.82 Police Charles Wilkins Police Officer Reg. Appointment 6101/2 07/30/2008 $5 310.75 Police Robert Landeros Police Officer Merit Inc. 6101/4 01/17/2008 $52860.69 Police Christopher Grant Police Officer Merit Inc 6101/3 5-23-2008 $5,578.71 Economic and John Saathoff Building Inspector Merit Inc CommunityDev. 7/29/2008 Police Bertha Parra Police Officer Merit Inc. 8/23/2008 Police Thomas Montague Community Improvement Merit Inc. Officer 01/01/2008 Human Noel Carpenter Human Resources Technician Merit Inc. 4167/54. Resources 09/12/2008 Public Works Vidal Villagomez Street Maintenance Worker I Merit Inc. 08/08/2008 B. NEWAPPOINTMENT: The following appointments have been requested by department heads pursuant to the Rules of The Civil Service S stem. DEPARTMENT .NAME CLASSIFICATION EFFECTIVE RANGE/STEPS ' DATE` BASE'1FfO:.SALARY Police Rosa Sok Police Records Specialist I Pending physical& 9140/3 backeround C. FLEXIBLE STAFFING PROMOTION:The following flexible staffing promotional appointments have been requested by de artment head(s)pursuant to the Rules of the Civil Service S stem. DEPARTMENT NAME ;CLASSIFICATION EFFECTIVE RAIVGE/STEP FROM/TO DATE;. BASF IVIG.SALARY Utilities Jesus Sanchez From: Water Dist Worker 1 07/25/2008 5178/3 To: Water Dist. Worker 11 $4,422.15 Utilities Richard Gonzalez From: Water Dist Worker I 08/06/2008 5178/2 To: Water Dist Worker I] $4 217.79 D. RECLASSIFICATION—The followingreclassification has been requested by the departmenthead and are being made in accordance with the City of Azusa Rules of the Civil Service System, DEPARTMENT NAMECLASSIFICATION EFFECTIVE RANGE/STEP " FROIVI/T.O DATE BASE MO. SALARY Public Works Mary Bustamante From: Bus Driver 07/01/2007 4163/5 To: Trans ortation Dispatcher $42091.95 Public Works Israel Del Toro From: Management Analyst 07/01/2008 3306/3 To: Senior Management Analyst $5,554.42 E. SEPARATION: The following separations are submitted for itformational purposes. DEPARTMENT NAME CLASSIFICATION ?EFFECTIVE DATE Recreation&Family Heath Hamilton Recreation Superintendent 08/14/2008 Services Police Sandra Peterson Police Records S ecialistIII 08/23/2008 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. .. MEN TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MARCENE HAMILTON, CITY TREASURER DATE: SEPTEMBER 2, 2008 44:4 SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES FOR THE MONTH OF JULY 2008 RECOMMENDATION: It is recommended that the Council Members receive, review, and file the City Treasurer's Report for the City of Azusa for the month of JULY 2008. BACKGROUND: Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa for the month of July 2008. City investments are made in accordance with the City's Investment Policy adopted and approved with Resolution No. 05 - C16 dated, June 18, 2007 and Government Code Section 53600 et seq. FISCAL IMPACT: The balances of cash, investments, and projected revenues for the next six months are expected to be sufficient to meet cash disbursement requirements of the City for at least the next six months. s CITY OF AZUSA TREASURER'S REPORT Treasury Checking Accounts and Certificates of Deposit July 31, 2008 Held in Wells Fargo Bank Prepared by: Marcene Hamilton, Treasurer Interest or Balance Face Maturity Coupon Description Account Number or Amount Date Rate or CUSIP Market Value Checking Accounts General Checking Account 495-0041244 1,498,516.00 1.231% Overland Sweep Account DDA 495-0041244 996,644.00 Worker's Compensation Checking - 0606-050318 0.00 Flexible Reimbursement 0606-055036 16,762.79 Payroll Checking (ZBA account) 4159-281393 0.00 Police Petty Cash Fund 060-6050334 239.12 Section 108 1.610% Choice IV-Public Fund Account 410-0162239 30,833.77 200,000 11/14/06 3.060% FHLB 3.060 11/14/06 (Matured) 3133X6PD2 0.00 ISO Collateral Account Every 30 300,000 Days 0.050% Certificate of Deposit 300-0311658 312,672.73 1,975,001 04/07/07 3.748% Certificate of Deposit 061-5202840 2,282,970.47 Covington Endowment Money Market Mutal Funds WFB 12847554 13,923.50 100,000 06/29/09 4.200% Certificate of Deposit - 25467JG21 WFB 25467JG21 100,000.00 TOTALS 5,252,562.38 e CITY OF AZUSA TREASURER'S REPORT TREASURYINVESTMENTS JULY 31,2008 Prepared by: Malcen,Hamilton,Treasurer Coupon lesson, ment Market Price Braker Face Amount DescriptionCoupon ClueAcd/CusIP No. SaHkOak PnndpaP (CM1engu MOMN VpIua" - Monthly) City of A usa Investments -AAA Rated Federal Agency Bonds WFS 200011110.00 FHLB 4.3000711110 4300% 01111109 3133XCD03 07114US 2000000.00 101.281000 202562000 GlBord 2000 000.00 FHLB 4.20D 12/15109 120045 12J154A 3133X91048 12/1Sg4 2000000.00 101.594000 2D3188000 WecM1avk 200000.00 FFCB 4,75010115112 4.750% 10115110 3lWlX6X5 1029107 2002400.00 100.406000 200012000 Wecnovia 20110000.00 FHLB 5.125112V10 5.125% 1121110 3133XKVS1 05R4m7 199500000 100.750000 2015000.00 Hi ice 2000 WOOD FHLMC 5.2500284111 5.250% 0224/11 3120X41056 011408 1982640.00 ID1.190000 2023800.00 WFB 1000000.00 FHLB 4.ONM117111 4000% 06111/11 3133XRFES 0917100 1000 WON 100188000 100188000 Wachovia 1000 ON DO, FFCB 3.95007/1911 3.950% 0]11911 31331Y3U 01115/08 100000.0 100.219000 1002190.00 Wechovk 2000000.00 - FFCB 5.2001010111 5.2011% 1093111 3101X4V1 100307 2000011000 100.400000 200012000 Wechovk 2000000.00 FHLB 525011014111 5.250% 10114/11 3133XNET5 0109(7 1999800.00 100.489000 2009380.00 GilfoN ION OOO.D FHLMC 5.20010.17111 5.200% 10/17/11 3120X6PZ3 1WI7107 1000000.00 100.408000 1001 Ba0.00 Wachovia INOW0.00 FHLB 1.62512119111 4625% 12/19111 3133XN.IM 12110101 100000000 100.091000 1000940.0 WFB 2000000.00 FHLB 3.4400128112 344045 Ol WV 3133XOSTO 018190 200000000 98.825000 1012500.00 - Hi ins 2000000.00 FHLB 3.5500UJD/12 3550% 0180112 3133XPD03 017!0108 2000000.00 88.169000 1989300.00 Hm 2000000.00 FHL85.12503131012 5.125% 03!!0112 3133XKD44 03130107 2000000.00 101]15000 021500.00 Hi ice 2.000.00ODO FHLB 3 550 42V12 3.550% 0421112 3133% U83 0424108 2000000.00 98]5' O01975000.00 Wedmvle 4000000.00 FHLB 3 450 5114112 3450% 05/14112 3133XOTN 091408 10000.0 97.591000 391016000 Hinpins 209000.0 FHLB 5.2500581112 5250% 021112 3133%KWM3 0921101 2000000.0 101.150000 2035000.00 HiMoins 200000.00 FHLB 5250029/12 6250% 0529112 3133XKU 7 0022167 1999500.00 101.710000 203/30000 G1fud 2000000.00 FHLB4.15006118112 4.15%5 M18112 3313XRGTI 0110108 20001100.00 100000000 2000000.00 GOMM 1010000.0 FHLB 5.2501012Vt 2$1, 5250% 1021/12 3133XMNQO 1021107 999000.0 100.500000 100500.0 Gilford 1000000.00 FHLB 5.00012118112 5000% 12/10/12 3133XNT50 1118107 1000000.00 100.563000 105630.00 WFB 2000003.00 FHLB 4.200 D189113 4200% 0129113 3133X%% 012010 200010.0 99.625000 1992500.00 WFB DD0000.0 FHLB4.35001MO113 4350% Oln(O13 3133XNYL7 OII3NO3 2000000.00 99.9000 1998120.00 Gilford 300000.00 FHLB 4.1250280/13 1.125% 0221013 3133%PPY4 0220105 199900000 HAND p0 190012000 Wachovia 200000D.0 FHLB 4.25003/13113 4.250% 011113 3133XPYQ 03113108 2000000,00 99.5800 1993120.00 GlfoN 2,000,000,00 FHLB 4200/24113 1200% 0121113 3133% MN9 D424m0 2000000.00 99.341000 908800.00 Hi ins 2000000.00 FH LS 8000062113 S.D00% 0828/13 3133XRJSD 020N8 2000D00.00 100.888001 1013160.0 :r TOTALS .!:54 000'000 0 - NCu-% . .# v -, i L. - - ' `...' e,. ... ...,.. >• e. .. - f� e 18-e111M00 Ll .._ u - 50.32,100.00- WFe CITY :rTHIRp PARTYGUSTODIA 'MUST ACCT /2170944 P„N/A NIA �,4;VJIq d,707�55003 -„.100:00000 1.702;556.48 LI9M d.Water Rate Sfabiloadon Fund Investments - AAA Rated Federal Agency Bonds Higgins 30000000 FHLB 3.5500931012 3.550% 0160112 3133XPD43 0113UNB 30MOMM 98469000 295401000 11ar3lovia 30000110.0 FHLB 1.150012911] 4.150% 0129113 3133%NZC6 0129100 3000000.00 90.719000 2 99570.00 Wachovla 3215000.0 FHL84.0000220113 4.000% OWOM3 3133%PWS 02/20/00 3215000.00 99.125000 310060.15 nTOTALS :18;105000.0 a _` .1 a-.i ;'.e- -5 811510000 p 0 � - - ..9.13]:;500.78 .WFB L6W ,iiHIRO PARTY CUBTODIAL TRUST ALLT 1 y2.1Y0°h? N/A'' NIA .„Nlq 1 ..124;18011 ��,106'000000 �IO;46U%j LAIF CITY , CAL AGENCY INVESTMENT FUN2.181%'. .x D , WA- -'N/A tl056,362fl '100:000000 14058162.71 ?LO TOTAL INVESTMENTS IN FEDERAL AGENCIES,WFS INSTITUTIONAL TRUSTS,and LAIF 76,078,521.20 75,051,319.95 INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From July 1,2006) 435,946.79 'the Tnnop r wlumn rMetts Ne balance on Me last dey of Me month or Me-NstMisal wsC spent so p MMM e a security. 'The-Merkel Value-is 11le cuoenl dotas which a saw' can In,traded or sold Trebuc 0.epMJ*2OO8Ah d1520W 1:06PM 1 CITY OF AZUSA TREASURER'S REPORT INVESTMENT INTEREST EARNINGS Thru July 31, 2008 Prepared by: Marcene Hamilton,Treasurer Scheduled Scheduled Interest Coupon Maturity Payment 2008f2009 Semi-Annual Received Face Amount Net Amount Rate Date AccUCusipNo. Schedule Interest Payment Fiscal Year to Earnings Amount Date' City of Azusa Investments - AAA Rated Federal Agency Bonds ..1 000,000 00:R4 850%' CALLED�;. „„31331Y1 .:.:; 12!27&6/27 ... .v 24,250 =;"`•_ 24,250 _•, 2,694:44 51 1,000;000 2,000,000 2,000,000.00 4.300% 07/14/09 3133XCDQ3 7114&1114 86,000 43,000 43,000.00 2,000,000 2,000,000.00 4.200% 12/15/09 3133X9N48 12115&6/15- 84,000 42,000 2,000,000 2,006,094.44 4.750% 10/15/10 31331X6X5 10/15&4/15 95,289 47,645 2,000,000 1,995,000.00 5.125% 11/24/10 3133XKVSI 11124&5/24 102,244 51,122 2,000,000 2,014,723.33 5.250% 02/24/11 3128X4N56 8/24&2/24 - 105,773 52,886 1,000,000 1,000,000.00 4.000% 06117/11 3133XRFE5 12/17&6/17 40,000 20,000 1,000,000 1,000,000.00 3.950% 07/15/11 31331Y3E8 1/15&7/15 39,500 19,750 2,000,000 2,000,000.00 5.200% 10/03/11 31331X4V1 10/3&4/3 - 104,000 52,000 2,000,000 2,006,891.67 5.250% 10/14/11 3133XHET5 10/14&4114 105,362 52,681 1,000,000 1,000,000.00 5.200% 10117/11 3128X6PZ3 10/17&4117 52,000 26,000 1,000,000 1,000,000.00 4.625% 12/19/11 3133XNJ26 12/19&6119 46,250 23,125 2,000,000 2,000,000.00 3.440% 01/23/12 3133XQSTO 7/23&1/23 51,600 25,800 17,200.00 2,000,000 2,000,000.00 3.550% 01/30/12 3133XPD43 7/30&1/30 71,000 35,500 35,500.00 2,000,000 2,000,000.00 5.125% 03/30/12 3133XKD44 9/30&3/30 102,500 51,250 2,000,000 -2,000,000.00 3.550% 04/24/12 3133XQU83 10/24&4124 71,000 35,500 4,000,000 4,000,000.00 3.450% 05/14/12 3133XQTD4 11114&5114 138,000. 69,000 2,000,000 2,000,000.00 5.250% 05/21/12 3133XKWM3 11121 &5121 105,000 52,500 2,000,000 2,023,708.33 5.250% 05/29/12 3133XKUL7 11/29&5/29 106,245 53,122 2,000,000 2,000,000.00 4.150% 06/18/12 3133XRGT1 12118&6118 83,000 41,500 1,000,000 999,000.00 5.000% 10/24/12 3133XMNQO 10/24&4/24 49,950 24,975 1,000,000 1,000,000.00 5.000% 12/18/12 3133XNT58 12118&6118 50,000 25,000 2,000,000 2,000,000.00 4.200% 01/29113 3133XP6L3 7/29&1129 84,000 42,000 42,000.00 2,000,000 2,000,000.00 4.350% 01/30/13 3133XNYL7 7/30&1/30 87,000 43,500 43,500.00 2,000,000 1,999,000.00 4.125% 02/20/13 3133XPPY4 8120&2120 82,459 41,229 2,000,000 2,000,000.00 4.250% 03/13/13 3133XPY40 9113&3/13 85,000 42,500 2,000,000 2,000,000.00 4.200% 04/24/13 3133XQMN9 10/24&4/24 84,000 42,000 2,000,000 2,000,000.00 5.000% 06/26/13 3133XRJSO 12/26&6/26 100,000 50,000 50,000;0007, ,ACTIVE INVESTMENTS" _ ,' - , ;, �?„,;,,�,, ,;, �-,.,,;`, ,�, , --2,21 1717 -;�`,-1,105;58fi= 183;894.44 CITY-Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset = 1 707 558108 -2 170% n/a _ , w € x N1A ;, ' Mdnthly„, ., -Per Balance;and Rate , ,,9,693:9 Light&Water Stablization Fund Investments-AAA Rated Federal Agency Bonds - 3,000,000.00 3,000,000.00 4.150% 01/29/13 3133XNZC6 7129&1/29 1 124,500.00 1 62,250.00 62,250.00 3,215,000.00 3,215,000.00 4.000% 02/20/13 3133XPKV5 8/20&2120 128,600.00 64,300.00 0.00 3,000,000.00 3,000,000.00 3.550% 01/30/12 3133XPD43 7/30&1/30 106,500.00 . 53,250.00 53,250.00 . ,.,. .. .r,� a r 4.... ..9,215,000:00.- ACTIVE INVESTMENTS - a- ? -� _ ,� �,-;a ,.35960000. 179,800.0 ..'.115;500:00 Light&Water Stablization-Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset 120460:41 .. ... . 2170°/q„ N/A ,,=. N/A. , ,tMonfhly`�, .n,,::PerBalanceandRate .�., a e,.d. ,� . .�.... ... .. .....�., .-., . . .. _... .e...._ �, CITY-Local Agency Investment Fund-Liquid Asset 14 058 382 71 . _ 10 = 2 787% N1A ,` JN!A',.4, �, QyanerlyPer Balance and Rate Fiscal Year: July 1 -June 30 TOTAL INTEREST EARNED YTD 438,946.79 • 5 �Y µ y*i C't[iFpiYcTf CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY,AUGUST 4,2008— 10:10 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. Charman 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,Assistant Executive Director Makshanoff,Tierra West Advisors Consultant Ometeml,City Department Heads,Deputy Secretary Toscano,Secretary Mendoza. AGENCY SCHEDULED ITEM Sched Items DOWNPAYMENT ASSISTANCE PROGRAM UPDATE AND APPROVAL OF REVISED DPAP Revised GUIDELINES. - Guidelines Economic and Community Development Director Christianson addressed the issues stating that they are K.Christianson recommending changes to the Downpayment Assistance Program,due to changes in the housing market Comments one and two person households have the ability to buy a two or three bedroom home while staying within their allowed housing costs. He responded to questions regarding the application process,and noted the policy is not retroactive. Tierra West Advisors Consultant Otemeotl responded to questions stating that applications submitted to J.Otemeotl Redevelopment are reviewed by a Loan Committee that he will keep Directors informed as to financial Comments status of the funding in the event there is a need for additional funding,and that if these restrictions create - less opportunity for residents to apply for the loan,that it be brought back for reconsideration. Moved by Director Macias,seconded by Director Carrillo and unanimously carried to adopt the revised Revised DPAP Downpayment Assistance Program("DPAP")guidelines to include occupancy guidelines and revisions to Guidelines equity sharing provision. Approved UPDATE ON BLOCK 36 MILESTONE STATUS; CONSIDERATION OF A RESOLUTION Update on TERMINATING THE 2006 AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT Block 36 AGREEMENT (BLOCK 36 PROJECT) WITH REG AZUSA, LLC, A SUBSIDIARY OF LOWE Milestone ENTERPRISES,INC. Tierra West Advisors Consultant Otemeotl addressed the issue stating that REG Azusa,a subsidiary of J.Otementl Lowe Enterprises, Inc. have not been able to meet Milestone 1. Applicant to secure a loan funding Comments commitment from a senior construction lender by July 15,2008 and Milestone 2. That they submit their application for New Market Tax Credits on or by July 31,2008;be presented the options. Director Hanks asked if they take no action,would it automatically terminate on September 29,2008. Hanks Consultant Otemeotl responded stating that they would have to address the item at the first meeting in Comments October,to formally terminate. Executive Director Delach advised of options; to terminate under the agreement the Disposition and Exe Dir Delach Development Agreement at this time as they have not mel the milestones. He also noted that the Comments Developer has requested a substantial change in the project,a change of ownership residential units to rental apartments for a period up to five years;it would require smaller units. 1 Discussion was held between Directors,Staff,City Attorney and Tom Wulf ofREG Azusa regarding time Discussion left, extension period,milestones set at the last meeting,entitlements as a mixed use property,office market,financing and economic conditions,and factors for termination. Director Macias offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DIRECTING Res.08-R35 THE EXECUTIVE DIRECTOR TO TERMINATE THE 2006 AMENDED AND RESTATED Terminate DISPOSITION AND DEVELOPMENT AGREEMENT(BLOCK 36 PROJECT)BY AND BETWEEN DDA w/ THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND REG AZUSA, LLC AN REG Azusa AFFILIATE OF LOWE ENTERPRISES,INC.,AS AMENDED Moved by Director Macias,seconded by Director Carrillo 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 The CONSENT CALENDAR consisting of items F-1 through F-3,was approved by motion of Director Consent Cal. Carrillo,seconded by Director Gonzales and unanimously carried. approved I. The minutes of the regular meeting of July 21,2008,were approved as written. Min approved 2. The Agency Treasurer's Report as of June 30,2008,was received and filed. Treas Rpt 3. Resolution authorizing payment of warrants by the Agency was adopted and entitled: A.RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res.08-R36 ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT Warrants AGENCY FUNDS. Spec Call Items SPECIAL CALL ITEMS None None. Adjourn It was consensus of the Redevelopment Agency Board Members to adjourn. TIME OF ADJOURNMENT: 10:42 P.M. SECRETARY NEAT RESOLUTION NO. 08-R37. 08/04/08 PAGE TWO dP /• M1+pP qlG _ i U � ••Ci[absr� ; CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY,SEPTEMBER 15,1008-9:04 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.,Aman 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 Mulshanoff, Department Heads,Secretary Mendoza,Deputy Secretary Toscano. The CONSENT CALENDAR consisting of items D-land D-2,was approved by motion of Director Consent Cal. Carrillo,seconded by Director Gonzales and unanimously carried. approved 1. Minutes of the regular meeting of September 2,2008,were approved as written. Min appvd 2. Two separate resolutions authorizing payment ofwarranls by the Agency was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res.Nos,08-R39 ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT &'08-R40. AGENCY FUNDS. Warrants SPECIAL CALL ITEMS Spec Call Items None. None It was consensus ofthe Redevelopment Agency Board Members to adjourn. Adjourn TIME OF ADJOURNMENT:9:05 P.M. SECRETARY NEXT RESOLUTION NO. 08-R41.