HomeMy WebLinkAboutAgenda Packet - January 05, 2009 - CC OF' '
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AGENDA
REGULAR MEETING OF THE CITY
COUNCIL AND THE REDEVELOPMENT AGENCY
AZUSA AUDITORIUM MONDAY,JANUARY 5, 2009
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 Office of the City Clerk and are available for public inspection
at the City Library.
Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a card requesting to
speak and shall submit it to the City Clerkprior to the start of the City Council meeting. When called, each person
may address any item on or off the agenda during the public participation.
6:30 P.M.
CEREMONIAL
1. Presentation of Proclamation to Mr. and Mrs. Wall in recognition of their services to the City of Azusa.
2. Presentation of proclamation to Mrs.Bonnie Guadagnino for her service to the City of Azusa as a member of the
Personnel Board.
3. Presentation of proclamation.to Mr. John Dierking for his service to the City of Azusa as a member of the
Planning Commission.
4. Certificates of Recognition to Azusa High School Varsity Football Team for winning Montview League
Championship.
CLOSED SESSION
1. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956 81
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Under Negotiation: Price and Terms of Payment
Address: Negotiator:
a. 830 N. Azusa Avenue, Azusa, CA 91702, Donna M. Matson
(APN 8608-025-013)
b. 17511 E. Arrow Hwy, Azusa, CA 91702 Fowler Family Trust
(APN 8621-024-001)
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec 54956.9
(a ).. AJDM v. City of Azusa, et al. Los Angeles Superior Court, Case No. BSI 11893 and City of Azusa v.
AJDM Corp. Los Angeles Superior Court, Case No. KC051862. (D-Club)
Any person wishing to comment on any of the Closed Session items listed above may do so now.
7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL.
• Call to Order
• Pledge to the Flag
• Invocation— Bishop Sergio A. Rios of Azusa 2"d Ward
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 certificates of gratitude to the following for their help during the holiday food
drive: Azusa Unified School District-all schools,MOT,Elaine Dominguez,Knights of Columbus Manresa
Council 3522, Christbridge Academy, CCD, Chamber of Commerce; Toy Drive: Canyon City Car Club, _
Robert Gonzales, Mike Milton, Kohl's, PT Cruisers, and the drivers who picked up the food from the
various locations.
01/05/09 PAGE TWO
C. SCHEDULED ITEMS
1. PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 35TH YEAR
PROGRAM (FY 2009/10). RECOMMENDED ACTION: Open the public hearing,receive testimony
and presentation of the proposed projects, and adopt the Resolution No. 09-C1, approving the 35`s Year
CDBG projects.
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 DECEMBER 15, 2008.
RECOMMENDED ACTION: Approve Minutes as written.
2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action
Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable
Memorandum of Understanding(s).
3. RESOLUTION APPROVING A POLICY FOR HANDLING REOUESTS FOR INSPECTION
AND/OR COPYING OF PUBLIC RECORDS. RECOMMENDED ACTION: Adopt Resolution No.
09-C2, approving a policy for handling requests for inspection and/or copying of public records.
4. BUDGET AMENDMENT — DONATION FROM CRITERION CATALYSTS AND
TECHNOLOGIES. RECOMMENDED ACTION: Amend the Library Department's budget by$6,400
with funds donated by Criterion Catalyst and Technologies Company in the City of Azusa.
5. AWARD BID FOR PUBLIC SAFETY CONVERSION OF ONE 2007 CHEVROLET TAHOE TO 10-
8 RETROFIT. INC. RECOMMENDED ACTION: Approve awarding 10-8 RETROFIT INC, the
lowest responsible bidder, the bid to convert one 2007 Chevrolet Tahoe with the necessary emergency
equipment for police use in the amount of$10,262.78.
6. RESOLUTION DECLARING ITS INTENT THAT THE CITY OF IRWINDALE ACT AS LEAD
AGENCY FOR ADMINISTRATION OF THE ANTICIPATED COMBINED RECLAMATION
PLAN FOR THE RELIANCE I OUARRY RELIANCE I LANDFILL AND RELIANCE—AZUSA
QUARRY. RECOMMENDED ACTION: Adopt Resolution No.09-C3,entitled: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS INTENT THAT THE CITY OF
IRWINDALE ACT AS LEAD AGENCY FOR ADMINISTRATION OF THE ANTICIPATED
COMBINED RECLAMATION PLAN FOR THE RELIANCE I QUARRY, RELIANCE I LANDFILL,
AND RELIANCE—AZUSA QUARRY.
7. CITY TREASURER'S REPORT AS OF NOVEMBER 30. 2008. RECOMMENDED ACTION:
Receive and file the Report.
01/05/09 PAGE THREE
8. BOND REDUCTION FOR TRACTS 63336-2 (MAPLETON). RECOMMENDED ACTION:
Approve the bond reduction request by Christopher Homes for Tract 63336-02.
9. CIP PROJECT: PAVEMENT MANAGEMENT PROGRAM YEAR 5 IMPROVEMENTS —
NOTICE OF COMPLETION: RECOMMENDED ACTION: Find that Sully-Miller contracting Co.,
has completed the Pavement Management Program Year 5 Improvements Project,No. 07-06; approve the
Notice of Completion;authorize the Mayor to execute and authorize the City Clerk to file same with Office
of the County Recorder.
10. AWARD OF CONTRACT—PURCHASE OF HEAVY DUTY DUMP TRUCK. RECOMMENDED
ACTION: Award a contract to Reynolds Buick-GMC in an amount of$71,732.51 for the purchase of a
2009 GMC 7500 7-9 Yard Dump Truck.
11. CIP PROJECT: BLOCK 36 STORM DRAIN—NOTICE OF COMPLETION. RECOMMENDED
ACTION: Find that JF Bruce Construction has completed the construction of the Block 36 Storm Drain
Project,No. 66509B; approve the Notice of Completion; authorize the Mayor to execute and authorize the
City Clerk to file same with Office of the County Recorder.
12. ESTABLISHMENT OF NEW CLASS SPECIFICATION AND RECLASSIFICATION —
ACCOUNTS PAYABLE SPECIALIST AND SALARY SCHEDULE. RECOMMENDED ACTION:
Approve, pursuant to City of Azusa Civil Service Rules Section 3.3 and 3.9, the new classification of
Accounts Payable Specialist, approve reclassification of incumbent,the corresponding salary schedule and
request that the pay be retroactive to July 1, 2008.
13. AUTHORIZATION TO SOLICIT RFP AND AWARD CONTRACT IN CORRELATION WITH
GRANT WRITING AND ADMINISTRATIVE SERVICES RECOMMENDED ACTION: Authorize
staff to solicit a Request for Proposal(RFP)for grant writing and administrative services;and authorize staff
to award a contract to the most qualified respondent.
14. CONSIDERATION OF ALTERNATIVES REGARDING BROKER SERVICES FOR LIFE SHORT
AND LONG TERM DISABILITY DELTA DENTAL INSURANCE AND FLEXIBLE SPENDING
ACCOUNT SERVICES. RECOMMENDED ACTION: Authorize staff to administer formal Request .
for Qualification for insurance broker services to explore cost-saving alternatives.
15. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY.
RECOMMENDED ACTION: Adopt Resolution No. 09-C4.
01/05/09 PAGE FOUR
r
E. AGENCY SCHEDULED ITEM
1. CONSIDERATION OF A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF
THE REAL PROPERTY LOCATED AT 624 NORTH SAN GABRIEL AVENUE (JK
PARTNERSHIP PROPERTY). RECOMMENDED ACTION: Approve the Purchase and Sale
Agreement("PSA")for the acquisition of real property located at 624 North San Gabriel Avenue,commonly
known as Los Angeles County Assessor's Parcel Number 8611-004-011 ("Subject Property").
2. CONSIDERATION OF A RESOLUTION OF NECESSITY AUTHORIZING USE OF EMINENT
DOMAIN POWER TO ACQUIRE FOR REDEVELOPMENT,A PARCEL OF REAL PROPERTY
IN THE CITY OF AZUSA LOCATED AT 830 NORTH AZUSA AVENUE. RECOMMENDED
ACTION: Waive further reading and adopt Resolution No. 09-R1,Resolution ofNecessity authorizing use
of the Agency's eminent domain authority to acquire a parcel of vacant non-residential real property within
the Agency's Merged Central Business District Area located at 830 North Azusa Avenue, in the City of
Azusa (the "Subject Property").
3. CONSIDERATION OF A RESOLUTION OF NECESSITY AUTHORIZING USE OF EMINENT
DOMAIN POWER TO ACQUIRE FOR REDEVELOPMENT,A PARCEL OF REAL PROPERTY
IN THE CITY OF AZUSA LOCATED AT 17511 EAST ARROW HIGHWAY. RECOMMENDED
ACTION:Waive further reading and adopt Resolution No. 09-R2,Resolution of Necessity authorizing use
of the Agency's eminent domain authority to acquire a parcel of non-residential real property within the
Agency's Merged Central Business District Area located at 17511 East Arrow Highway,in the City of Azusa
(the"Subject Property").
F. 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 SPECL4L CALL ITEMS.
1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF DECEMBER 15, 2008.
RECOMMENDED ACTION: Approve Minutes as written.
2. INTERFUND LOAN AND BUDGET AMENDMENT FOR EDUCATIONAL REVENUE
AUGMENTATION FUND(ERAF)PAYMENT. RECOMMENDED ACTION: Adopt Resolution No.
09-R3,approving the use of low and moderate income funds to satisfy the Education Revenue Augmentation
Fund (ERAF) obligation and making findings pursuant to health and safety code section 33685; adopt
Resolution No.09-R4,approving the budget amendment of$512,545;and authorize execution of interfund
loan documents.
3. AGENCY TREASURER'S REPORT AS OF NOVEMBER 30,2008. RECOMMENDED ACTION:
Receive and file Report.
01/05/09 PAGE FIVE
r
4. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE AGENCY.
RECOMMENDED ACTION: Adopt Resolution No. 09-R5.
G. ADJOURNMENT
1. Adjourn.
UPCOMING MEETINGS:
January 12,2009,Special Meeting-City Attomey/City Manager Evaluation-Work Plan-Goal Setting Session —6:00
p.m. (Closed Session), Emergency Operation Center, 725 N. Alameda, Azusa, CA 91702
January 20, 2009, (Tuesday) City Council Meeting— 6:30 p.m. (Auditorium)
January 26, 2009, Utility Board Meeting— 6:30 p.m. (Light and Water Conference Room)
February 2, 2009, City Council Meeting— 6:30 p.m. (Auditorium)
In compliance with Government Code Section 54957.5, agenda materials are available for inspection by
members of thepublic at the following locations: Azusa City Clerk's Office-213 E. Foothill Boulevard,Azusa
City Library- 729 N.Dalton Avenue,and Azusa Police Department Lobby- 725 N.Alameda,Azusa, California.
In compliance with the Americans with Disabilities Act, ifyou 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.
01/05/09 PAGE SIX
07
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SCHEDULED ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: KURT E. CHRISTENSEN,ECONOMIC
((&&�COMMUNITY DEVELOPMENT DIRECTOR
VIA: F.M. DELACH, CITY MANAGER_tA" L
DATE: JANUARY 5, 2009
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)35TH YEAR PROGRAM(FY
2009/10)
RECOMMENDATION
Open the public hearing, receive testimony and presentation of the proposed projects, and adopt the
resolution approving the 35`h Year CDBG projects.
BACKGROUND
The City of Azusa has participated in the Community Development Block Grant(CDBG)Program since its
inception in 1974,utilizing these federal funds for various housing and community development projects in
the City. Annually, a public hearing is held to program the City's allocated CDBG funds for the next fiscal
year. The preliminary new allocation amount for 2009/10 is $597,788. There is an additional $39,457 in
prior year funds, totaling$637,245 available for programming into program administration, local housing,
public/social service, public improvements and community development programs. In 2009/10, the 15%
public service cap amount is $89,668 (15%of$597,788),and the combined public service projects cannot
exceed this amount.
DISCUSSION
Staff received five non-public service and six public service proposals from City staff and nonprofit
organizations. Public service funding requests totaled $138,391, exceeding the public service cap by
$48,723. A copy of all the proposals are attached for your information.
Staff analyzed all of the proposals. Analysis was based on, in order of importance, 1) benefit to
low/moderate income,2)whether the project meets the minimum funding threshold requirement of$10,000,
3) if the project is a City-staffed project,4)number of Azusa residents assisted, 5)whether the project is a
continuing program, and 6) if the project is a City-based project. All applicants are required to have
administrative capacity to run and monitor a federally-funded program,and prior CDBG funding experience
is preferred.
Honorable Mayor and City Council Members
CDBG 35t°Year(FY 2009/10)Allocation
January 5,2009
Page 2
Staff then analyzed the public service funding amounts requested. Since funding requests were,higher than
the overall amount available for all projects, staff has recommended revisions and/or deletions to the
requested amounts. Staff also took into account that all non-profits must be annually monitored at their site
by City-staff, incurring additional City staff hours. The following is a list of all the 35`h Year project
proposals and staff recommendations:
Administration/Planning Projects
Administration: This ongoing project provides reimbursement for the time spent administering the overall
CDBG program, including preparation of all reports, Memoranda of Understanding, contracts, reviews of
federally required documentation, financial and task monitoring, preparation of federally approved bid
packages,Davis-Bacon payroll compliance,office supplies,and other general program administration costs.
The requested allocation of$59,778 is consistent with the 10%allowable amount for administration,and this
City-staffed project is recommended for funding at the amount of$59,778.
Capital Improvement Projects
Slauson Park Plavground Improvements• The City proposes to demolish the existing obsolete playground
equipment, and purchase and install new playground equipment compliant with the latest ADA and safety
requirements. This project benefits a low-to-moderate income area and improves handicapped access. Staff
has requested and recommends funding this project at $85,000.
Gladstone Park Playground Improvements 7 The City proposes to demolish the existing.obsolete playground
equipment, and purchase and install new playground equipment compliant with the latest ADA and safety
requirements. This project benefits a low-to-moderate income area and improves handicapped access. Staff
has requested and recommends funding this project at $85,000.
Housing and Code Enforcement Projects
Code Enforcement Propram/CDBG• This project would continue to fund salaries and benefits of one full-
time community improvement inspector, and would provide additional code enforcement activities
concentrated in the eligible low-to-moderate income areas of the City. The continued funding of this code
enforcement position would allow for an additional 600 properties to be inspected annually,benefiting 2,000
households. This program will work in conjunction with the Single Family Housing Rehabilitation Program,
and fulfills one of the priorities set by Council. Staff recommends funding this project at $79,986.
Single Family Housing Rehabilitation Program: This owner-occupied single family housing rehabilitation
program is ongoing. The maximum grant amount allowed for a single family residence will increase to
$9,000, due to increases in construction and roofing costs. Grants are used to correct code and safety
violations in conjunction with the Code Enforcement/Community Improvement Program, and make visible
exterior improvements. Funds are provided based on income eligibility of each applicant. In 2005/06, this
project was funded with CDBG funds in the amount of$185,000. In 2006/07 through 2008/09,this funding
threshold was maintained by using CDBG and/or Redevelopment Agency 20%Set-Aside Low-to-Moderate
Income Housing funds. Due to the increase in the grant amount,this funding level will increase to$237,813
and pays for project administration and a minimum of 22 housing rehabilitation grants. Because the Section
108 Loan is now paid off and additional funds are now available for projects,staff recommends funding this
project 100% with CDBG funds in the amount of$237,813.
Honorable Mayor and City Council Members
CDBG 35t°Year(FY 2009/10)Allocation
January 5,2009
Page 3
Public Service Projects (Subject to the 15% Public Service Cap of$89,822)
Funding for public service projects has been severely limited. It is always difficult to decide where to cut
funding or delete a public service project. Additionally, Los Angeles County has imposed a $10,000
minimum for any project funded,which decreases the amount of projects that can be funded. Although all
of the proposed projects in some way address Azusa's community needs, staff recommendations focus on
those projects that most closely comply with the analysis guidelines listed above.
After School Playground Program: This City-staffed program is in its 10 year of operation in conjunction
with the School District. After school programs have been statistically proven to have positive impacts in
crime and vandalism prevention. After school recreational and tutoring activities are currently provided at
six school sites-Murray,Powell,Dalton,Mountain View,Lee,and Gladstone Street Schools-to elementary-
aged youths in conjunction with the Recreation and Family Services Department and School District. In
2007/08, this program served 1,327 children ages 5-14 through a diversified, yet structured program of
school year activities including coaching, mentoring, and tutoring, and would serve at least that amount in
2009/10. Azusa Unified School District supplies the after school sites and grounds maintenance for the
program. Although$60,000 is requested, due to limited funding, staff recommends funding this project at
the reduced amount of$50,896. During the City's 2009/10 budget process, staff will recommend that the
additional $9,104 be funded using General funds.
Homework House: This Azusa-based project was initially approved by Council in 2000/01, and will be in
its 101,year. This program assisted 152 youths from Kindergarten through 12`h Grade in 2007/08,providing
tutoring, Summer Splash, and academic enrichment programs. A trained volunteer tutoring staff provides
individualized instruction,and teacher evaluations and assessment tests measure the successes. Homework
House also offers ESL classes to the parents, and a computer lab for the children. Homework House
operates at two locations-its original House on 9`h Street, and one in the Atlantis Gardens on 6a' and
Glenfinnan. This City-based program has been successful in empowering a large number of at-risk Azusa
children at a reasonable cost, and is leveraged with funding from several sources besides the City. Although
Homework House has requested$20,000,due to funding constraints,staff recommends funding this project
at $10,000.
Sr.Nutrition Site Manager: This City-staffed continuing project funds salaries and benefits of the part-time
Sr.Nutrition Site Manager for the City's Senior Nutrition Program. The Sr.Nutrition Site Manager works
an average of 25 hours per week, five days a week, supervising the Congregate and Home Delivered Meals
Programs at the Azusa Senior Center. In 2007/08, 383 senior clients were served 34,451 meals, and in
2009/10, an estimated 400-500 elderly persons would be served approximately 37,500 Congregate and
Home Delivered Meals. The Sr. Nutrition Site Manager coordinates both programs, trains the volunteer
food service workers,and coordinates special events geared toward educating the elderly on proper nutrition.
This program is funded with State grants, client donations, and subsidies from the City's General Fund.
Staff recommends funding this project at the requested amount of$18,772.
Sr. Referral and Case Management: This continuing program complements existing programs offered to
seniors by the Azusa Senior Center. City-based referral and case management services are offered by social
workers from the Santa Anita Family Service,a nonprofit organization,directly to Azusa seniors out of the
Azusa Senior Center. Housing,nutrition,social security,disability and other concerns of the 55+population
of Azusa residents are addressed. This is the only program in Azusa offering immediate assistance to those
senior residents in need. In 2007/08, 331 seniors were assisted. Santa Anita Family Service has requested
Honorable Mayor and City Council Members
CDBG 351h Year(FY 2009/10)Allocation
January 5,2009
Page 4
funding of$18,500,and proposes to provide 748 hours of service to 350 senior residents in 2009/10. Due to
funding constraints, staff recommends funding in the amount of$10,000.
Homeless Assistance/East San Gabriel Valley Coalition,for the Homeless (ESGVCH): This Hacienda
Heights-based non-profit organization provides year-round emergency assistance and Emergency Winter
Shelter to at-risk and homeless persons in the east San Gabriel Valley. Food, clothing, showers, diapers,
blankets, information and referrals,motel vouchers,and advocacy for homeless persons are also provided.
In 2004/05, services were provided to 89 individuals from Azusa. Since that time, ESGVCH has not been
funded under the.CDBG program due to lack of funds. ESGVCH has requested $10,000 funding for
2009/10, and proposes to assist 30-45 Azusa residents with year-round assistance, motel vouchers, and
Emergency Winter Shelter services. Due to the lack of available funding,staff recommends that this project
not be funded.
Cory's Kitchen: This organization offers various services to low income families including provision of
groceries and clothing, job placement, a senior citizen yard maintenance program, and other self-help
services. They have requested$11,119 which would be used for providing food and supplies to 2,267 Azusa
residents. This is not a City-based program, although Cory's Kitchen is located in Irwindale and currently
serves 1,744 Azusa families. Cory's Kitchen has prior experience with CDBG funds and is partially funded
by the City of West Covina, private donations, and volunteer labor. Due to the lack of available funding,
staff recommends that this new project not be funded this fiscal year.
CONCLUSION
Funding was requested for eleven projects, including six public service projects. Although all the proposed
projects are important and/or socially significant, staff is recommending funding those projects which are
continuing projects, projects staffed by City employees, and City-based projects, all which benefit low-to-
moderate income Azusa residents. Although staff may recommend projects and project funding levels,final
selection lies entirely with the City Council. This year, staff recommends funding nine projects, including
four public service projects. Unfortunately, due to ever-decreasing available public service funds,staff has
concentrated on those continuing projects which are City-staffed and/or General Fund-funded,or City-based.
A summary of all projects is listed below:
Pro'ect Requested Amount j85,000
mmended
mount
Non-Public Service Proiects•
Administration $ 59,778 ,778
Slauson Park Playground Improvements $ 85 000
Gladstone Park layground Improvements $ 85,000 $ 85,000
Single Family Housing Rehabilitation $237,813 $237;813
Code Enforcement Program $ 79.986 $ 79 986
Subtotal: $547,577 $547,577
Public Service Proiects (15% Can Limit of$89 668)
After School Program $ 60,000 $ 50,896
Homework House $ 20,000 $ 10,000
Honorable Mayor and City Council Members
CDBG 35"Year(FY 2009/10)Allocation
January 5,2009
Page 5
Proiect Requested Amount Recommended
Amount
Sr. Nutrition Site Manager $ 18,772 $ 18,772
Sr. Referral & Case Management $ 18,500 $ 10,000
Homeless Assistance/ESGVCH $ 10,000 $ 0
Cory's Kitchen $ 11,119 $ 0
Subtotal: $138,391 $ 8-916-6-8-
GRAND
9,668GRAND TOTAL: 685 968 637 245
FISCAL IMPACT
Approved projects will be reflected in the 2009/10 Annual Budget. Recommended amount is based on
preliminary planning figures. Staff will make any minor adjustments to reflect actual grant allocation to the
City. Grant revenues reimbursing the various programs will offset project expenses of$637,245. CDBG
programs not only allow the City to respond to community needs with little impact to the general fund,but
decreases general fund subsidies on many programs.
Prepared by: Roseanna J. Jara;Sr. Accountant-Redevelopment
KEC:RJJ/cs
Attachments:
Spreadsheet-35"Year CDBG Proposed Project and Prior Year Funding History
Resolution
Public Hearing Notice
CDBG Funding Request Proposals
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE
STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND SELECTING PROJECTS
FOR FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR
FISCAL YEAR 2009-10
WHEREAS,the City of Azusa is participating under the County of Los Angeles Community Development
Block Grant-Program; and
WHEREAS, the City staff has considered and evaluated projects and programs fulfilling important
community needs; and
WHEREAS,the City Council has provided the opportunity for public input regarding the City's Community
Development Block Grant Program for the 2009-10 program year.
NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of Azusa does hereby take the
following actions:
SECTION 1. Select and approve the Proposed Statement of Objectives and Projected Use of 35`h Year
CDBG Funds attached hereto as Exhibit A and submit the approved projects to the Community Development
Commission:
SECTION 2. Approve inclusion of said projects in the City of Azusa Fiscal Year 2009-10 budget.
SECTION 3. Authorize the Mayor or authorized designee to execute all necessary contracts and
agreements with the Community Development Commission and with each approved recipient/subrecipient of the
program,together with any changes therein which may be approved by the City Manager and,as necessary,the City
Attorney.
SECTION 4. Authorize staff to adjust the program budget as necessary to take into account the final
CDBG allocation from the U.S. Department of Housing and Urban Development and any amounts remaining
unspent at the close of the preceding fiscal year.
SECTION 5. The City Clerk shall certify the adoption of this resolution.
PASSED AND APPROVED this_day of 2009.
Mayor
UNGCNBAR RT GN PUBLIC WOR I4 5L -R LHON-CDBG]51 YRGOC
i
I HEREBY CERTIFY that the foregoing Resolution was duly passed, approved;and adopted by the City
Council of the City of Azusa, at a regular meeting of said City Council held on the_day of 2009, by
the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk
U.MG ARkPOB WONPUBLICWORKWJI-0 9 PL1p=ON.COBG15THYRDOC
c.
EXHIBIT A
35`h Year CDBG Projects
F/Y 2009-10
Project Requested Amount Recommended Amount
Non-Public Service Proiects:
Administration $ 59,778 $ 59,778
Slauson Park Playground Improvements $ 85,000 $ 85,000
Gladstone Park Playground Improvements $ 85,000 $ 85,000
Single Family Housing Rehabilitation $237,813 $237,813
Code Enforcement Program $ 79,986 $ 79,986
Subtotal: $547,577 $547,577
Public Service Proiects (15% Cap Limit of$89,668)
After School Program $ 60,000 $ 50,896
Homework House $ 20,000 $ 10,000
Sr. Nutrition Site Manager $ 18,772 $ 18,772
Sr. Referral & Case Management $ 18,500 $ 10,000
Homeless Assistance/ESGVCH $ 10,000 $ 0
Cory's Kitchen $ 11,119 $ 0
Subtotal: $138,391 $89,668
GRAND TOTAL: 685 968 637 245
U V.OENOAR ORIS ON PU6 CW0U%J0 51N-RE WTION-MO 35TH YRD
Y
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a a
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MONDAY,DECEMBER 15,2008—6:30 P.M.
The City Council of the City of Azusa met in regular session at the above date and time in the Azusa
Auditorium,located at 213 Fast Foothill Boulevard,Azusa,CA,91702.
CLOSED SESSION Closed Sess
The City Council recessed to Closed Session at 6:31 p.m.to discuss the following: Recess
I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Section Conf w/labor
54956.9(a)). Case Name: Betty Stone Johnson v.City of Azusa,et al. Case Number: Los Angeles
County Superior Court Case No.KC054131
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION(Gov.Code Sec. Conf w/legal
54956.9(a)). Cnsl
AJDM v.City of Azusa,et al. Los Angeles Superior Court,Case No.BS111893 and City of Azusa v. AJDM D-Club
AJDM Corp.Los Angeles Superior Court,Case No.KC051862. (D-Club)
3. REAL PROPERTY NEGOTIATIONS(Gov.Code Sec.54956.8) Real Prop
Agency Negotiators:City Manager Delach and Assistant City Manager Makshanoff Negotiations
Under Negotiation: Price and Terms of Payment
RANCH MARKET - Ranch Mkt _
Property Address: 150 W.9th Street,Azusa,CA 91702
Negotiating Parties: King Ranch Market,Aner Iglesias,Business Owner -
TARGET SITE _ Target Site
Address: 802 N.San Gabriel Avenue,Azusa,CA 91702
Address: 120 West 9th Street,Azusa,CA 91702
Address: 150/190 West 9th Street,Azusa,CA 91702
Address: 809 N.Azusa Avenue,Azusa,CA 91702
Address: MTA Site-APN#8608-024-900
Negotiating Parties: Target Corporation
Address: 810 N.Alameda,Azusa,CA 91702
Negotiating Parties: 810 N.Alameda,LLC
The City Council reconvened at 7:42 p.m.There was reportable action taken in Closed Session. Reconvened
No Reports
Mayor Rocha called the meeting to order. - Call to Order
Mr.Richard Gomez Jr.led in the Salute to the Flag. Flag Salute
INVOCATION was given by Ms.Veronica Calvary of Praise Chapel Azusa. Invocation
ROLL CALL Roll Call
PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT: Also Present
s
City Attorney Carvalho, City Manager Delach,Assistant City Manager Makshanoff, Police Chief Garcia,
Economic and Community Development Director Christianson, Assistant Community Development
Director McNamara, Director of Public Works/Assistant City Manager Haes, Public Information Officer
Quiroz, Administrative Services Director-Chief Financial Officer Kreimeier, Library Director Tovar,
Assistant City Librarian Shahsavari,City Clerk Mendoza,Deputy City Clerk Toscana
CEREMONIAL Ceremonial
The entire Council presented Certificate of Welcome Home to Mr.Richard Gomez Jr.,of the United States R.Gomez,Jr.
Navy. Welcome
PUBLIC PARTICIPATION Pub Part
Mr. Joe Guarrem, President of the Azusa Sister City Committee addressed Council providing a brief J.Guarrera
history of the Azusa Sister City Committee noting that it began in 1966 with the Sister City Zacatecas, Comments
Mexico. He introduced the newly installed Board Members as follows: Nick Rosales, Vice President,
Rose Montes, Treasurer, Maria Salazar, Secretary, Sue Guarrera, Corresponding Secretary and the
following Board Members:Greg Ahem,Peggy Martinez,Jorge Rosales,and Francis Nelson.
Mr. Mike Lee addressed Council noting the success of the sending packages to the soldiers in Iraq; he M.Lee
urged all to support local businesses;urged all to continue to clean up the City;talked about the success of Comments
local activities and wished all a happy holidays.
Mr.Eddie Alvarez addressed Council and thanked all for participating in the Toy Drive at Jake's Hot Dogs E.Alvarez
over the weekend where they collected 500 toys; gave 80 to Saint Frances of Rome Church and sent the Comments
rest to food banks. He thanked all who participated in the successful event including fellow Nary
-reservists who donated from Moreno Valley; owner of Canyon City Barbeque;Pork Chop Tom and many
people from car clubs from other areas.
Mr.Nick Rosales thanked Sister City participants and all who attended their Annual Christmas event and N.Rosales
donated to the food banks. He announced that the Downtown Business Association will be having a Comments
monthly Save Your Home Program which will help people modify home loans. The class will be offered
the first Wednesday of each month beginning January, from 5-8 p.m., at 530 N. Azusa. Mr. Mike Mesa .
will be aiding him and they will also offer rental modification information between landlord and tenant. He
announced that he is running for City Council and wished all candidates the best and invited all to his
coffee at 730 N.Azusa Avenue on Saturday,December 20,2008 at 9:30 a.m.
Mr.Art Morales acknowledged the great Christmas festivities held at City Hall over the weekend;thanked A.Morales
Joe Guarrem for his involvement with Sister City; recognized the San Gabriel Valley Tribune for Comments
recognizing the Councihnembers; and talked about the success of the Azusa Canyon City Toy Drive at
Jakes,congratulating all who attended with special thanks to Eddie Alvarez.
Ms.Peggy Martinez wished good luck to all the candidates who will tun in the March 2009 election. She P.Martinez
announced that applications for the Miss Azusa and Miss Outstanding Teen are available and that the Comments
pageant will be held on March 21, 2009, for additional information call 812-5818. She also noted that
Downtown Business Association will be helping Nick Rosales with the loan modification workshop.
Lastly,she talked about the Banner Project stating that Northrup Grumman has given them a grant for the
program in the amount of$1,500 to help residents who cannot afford a banner; she praised the project and
the Mayor for being the leader of volunteers.
Mr.Tony Glassman of California Amforge and Chairman of the Azusa Chamber of Commerce addressed T.Glassman
Council expressing his opinion in favor of bringing Target to the City. Comments
Ms.Valerie Vazquez,announced that she placed second runner up in the Azusa Miss Outstanding Teen in V.Vazquez
April and that she has been invited to participate in the Miss Outstanding Teen of the San Fernando Valley Comments
on the 27'°of December; she will represent Azusa and asked for support of her sponsor page; she thanked
Council for helping her achieve her goals. City Manager Detach was given direction to award the
sponsorship.
Mr. Dennis Willut addressed Council stating that a utility power pole has caused fine damage to grass, D.Willut
plants and vegetation at a senior landlords home;he requested a moratorium of the enforcement not to cite Comments
the landlord as the Azusa Utility is subleasing the area to the cable company. Mr. Willut continued to
express his opinion regarding several issues of concern. City Manager Detach responded to Mr. Willuts
concern regarding damage to property and aid to seniors.
12/15/08 PAGE TWO
REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Rpts/Updates
,City Manager Delach announced that the Ribbon Cutting Ceremony for the newly renovated Memorial City Mgr
Park North Recreation Center (formAmory)(formerly Aory) will be held on Saturday, December 20, 2008, in comments
conjunction with Breakfast with Santa, courtesy of the Knights of Columbus, 7 a.m. — 10:00 a.m.,
Ceremony immediately following, at 340 N. Orange Place, Azusa. He also advised that the digital
television service will begin on February 17a, 2009 and people can call the City's Public Information
Officer Martin Quiroz at 812-5200,for information to assist residents.
Administrative Services Director-Chief Financial Officer Kreimeier addressed Council announcing that the A.Kreimeier
sale of Redevelopment Housing Bonds was completed November 25"yielding approximately 9.8 million Comments
dollars in new funds that may be used for low income housing purposes and the sale of non housing tax in
exempt Redevelopment Bonds is scheduled to close Thursday,and will yield approximately an additional
5.7 million dollars in new funding for the Redevelopment Agency. The Pension Obligation Bond issue is
pending and is being marketed to investors. -
Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to Cert of Rec to
approve request for certificates of recognition for the Azusa High School Varsity Football Team for AHS Varsity.
winning the Mountain View League Champions. Football CIF
Mayor Pro-Tem Carrillo thanked and congratulated the Azusa Parks and Recreation Department for the Carrillo
wonderful holiday celebration,i.e.Tree Lighting Ceremony,Holiday Boutique,etc. He wished all a Happy Comments
Holiday Season,Merry Christmas,Happy Hanukah,Quanza,etc.
Councilmember Macias noted that the bollard lights are still out at Rancho Park and requested a status Macias
report from City Manager. He advised of a notification by Charter Communications that they are no long Comments
required to broadcast or man the City Council meetings and requested a report on how this would be
handled without interruption of service. He shared his experience on a recent visit to Hawaii and the Peal
Harbor Memorial.
Councilmember Gonzales congratulated the Parks and Recreation Department on the success of the Gonzales -
Holiday events;thanked all who participated in City Hall on the Move,and wished all a Merry Christmas. Comments
Councilmember Hanks announced that the City is in receipt of notification of a Mexican Emit Fly Hanks
Abatement in the area and the County will trap and bate and will release sterile male fruit flies in an Comments
attempt to eradicate them. He announced that the Gold Line Construction Authority met and have a
tentative funding schedule that is being submitted to the MTA. The timeline will show proposed revenue
service to start in 2013. He wished all a Merry Christmas.
Mayor Rocha requested that the meeting be adjourned in memory of Margarita Gonzales and Lloyd Davies. Rocha
He thanked members of the Azusa Canyon City Car Club for the Toy Drive held and thanked President Comments
Navarette, Vice President Abasta, and George Romero. He asked that all continue to pray for the safe
return of our soldiers, and announced the Azusa High School Academy of the Art play: How Santa Got
His Christmas Tree.
SCHEDULED ITEMS Sched Items
CONVENE 30DVTLY WITH THE REDEVELOPMENT AGENCY TO CONSIDER THE Convene Judy
FOLLOWING: w/CRA .
CONTINUED JOINT PUBLIC HEARING- ON DISPOSITION AND DEVELOPMENT AGREEMENT Con't Pub Hrg
WITH TARGET CORPORATION FOR THE DEVELOPMENT OF A TARGET STORE AT 809 Target DDA
NORTH AZUSA AVENUE.
Economic and Community Development Director Christianson addressed the issue presenting the 33433 K.Christianson _
Summary Report asking Council to review the cost and findings of the report and to adopt a resolution, Comments
approving a Disposition and Development Agreement with Target Corporation. He stated that as part of
the review they found that the project is consistent with the Environmental Impact Report and the
Development Agreement will set parameters about the project, i.e. hours of operation; the 15 year
minimum Operating Covenant; the project will bring in an excess of 18 million dollars of Tax Increment
for the city. He stated over the 15 year period the project will bring in over$500,000 per year and it will
equate to 7.5 million dollars of sales tax to the city. Be talked about the report and what it outlines and
recommended approval of the resolutions presented. Mr.Karem Ali,Real Estate Manager with the Target
Corporation thanked staff and expressed his excitement about building the store in Azusa.
Councilmembers thanked him for coming to Azusa.
Mr. Dennis Willut addressed the Public Hearing asking the cost of the property; how it will impact local D.Willut
citizens and surrounding areas; how it will impact the City due to the economic trends; what type of Comments
agreement is in place if they decide to leave and what type of tax relief will be given to Target.
12/15108 PAGE THREE
Mr. Mike Lee welcomed Target to the City adding that it will create more jobs; and hoped the new. M.Lee
administration will help out the whole Country. Comments e
Mr.Art Morales addressed the Hearing asking if merchandise being sold is environmentally friendly and if A.Morales
residents would receive reduced prices. Comments -
Ms. Peggy Martinez, President of the Downtown Business Association, welcomed Target to the City of P.Martinez
Azusa and talked about the possibilities of bringing a market in across the street from Target. Comments
City Manager Delach responded to questions posed stating that the cost of the project is eighteen million, City Mgr
two hundred forty-five thousand dollars; the general and environmental impact were reviewed by Planning Comments
Commission and public commented on it; it's financed through Redevelopment Tax Increment with no
direct cost from residents;he talked about the process;Target has no tax relief;there is no lease,Target is
purchasing the property and if they close,the Agency has the opportunity to repurchase the property; there
are no impacts on surrounding businesses;and the City is working with Ranch Market on the closure.
Moved by Mayor Pro-Tem Carrillo,seconded by Councilmember Hanks and unanimously carried to close Hrg closed
the Public Hearing.
Mayor Rocha asked about the enforceable of the removal of graffiti within 48 hours; City Manager Rocha
responded that it is a city ordinance and City Attorney advised that if the ordinance is not followed the city Comments
would removed at$500 per incident cost to the owner.
Councilmember Hanks offered a Resolution entitled: -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,APPROVING Res.08-C112
A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT Target DDA
AGENCY OF THE CITY OF AZUSA AND TARGET CORPORATION, AND MAKING CERTAIN &findings
FINDINGS PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33433 IN Sec.33433
CONNECTION THEREWITH.
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
Director Carrillo offered a Resolution entitled:
A RESOLUTION OF THE GOVERNING BOARD OF THE REDEVELOPMENT AGENCY OF THE Res.08-R49
CITY OF AZUSA, CALIFORNIA, APPROVING A DISPOSITION AND DEVELOPMENT Appvg DDA
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND Target Corp.
TARGET CORPORATION.
Moved by Director Carrillo, seconded by Director Gonzales,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
REDEVELOPMENT AGENCY RECESSED AND CITY COUNCIL CONTINUED AT 9:07 P.M. CRA Recess
RESOLUTION APPROVING AND ADOPTING AMENDED APPENDIX OF THE CONFLICT OF Amend Conflict
INTEREST CODE PURSUANT TO THE 2008 MANDATORY REVIEW AND FILED BIENNIAL of Interest Code
NOTICE.
Councihnember Hanks offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA, APPROVING Res.08-0113
AND ADOPTING AN AMENDED APPENDIX TO THE CONFLICT OF INTEREST CODE Amend Conflict
PURSUANT TO THE POLITICAL REFORM ACT OF 1974. of Interest Code
Moved by Councilmember Hanks, seconded by Councilmember Gonzales 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 -
12/15/08 PAGE FOUR
The CONSENT CALENDAR consisting of Items D-1 through D-10 was approved by motion of Mayor Consent Calendar
Pro-Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried with the exception of D-2&9 Spec
items D-2 and D-9, which were considered under the Special Call portion of the Agenda. Mayor Rocha Call
and Councilmember Hanks abstained from the Special Meeting of October 13a as they were absent.
1. The minutes of the regular meeting of December 1, 2008; special meetings of October 13'°; Min appvd
November 24'";and December 1,2008,were approved as written.
2. SPECIAL CALL ITEM. Spec Call
3. The following resolution was adopted and entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res.08-114
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants
ARE TO BE PAID. -
4. Approval was given for the issuance of a Purchase Order in an amount not to exceed $20,903 Purchase of
including sales tax and all other applicable fees,to West Covina Motors,Ina/Clippinger Chevrolet Chev Cargo Van
of West Covina,CA for the purchase of a 2008 Chevrolet Express 2500 Cargo%ton van.
5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY FO AZUSA DECLARING ITS .Res.08-CI 15
APPROVAL OF FINAL TRACT MAP NO.70189. Tract Map 70189
6. Pursuant to City of Azusa Civil Service Rules Section 3.3 and 3.9, approval was given for the New Position
creation of a new position in the Police Department,Court Liaison Officer,as well as the associated Court Liaison
salary recommendation and approval was give for the reclassification of Community Service Officer Officer
Debbie Ursua into the new job classification.
7. Pursuant to City of Azusa Civil Service Rules Section 3.3 and 3.9, Approval was given for the New Position
creation of a new position in the Police Department,Training Coordinator,as well as the associated PD Training
salary recommendation and approval was given for the reclassification of Community Service Coordinator
Officer Sandy Willison into the new job classification:
8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, ACTING AS THE Res.08-C 116
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 2005-IA1 FACILITIES, City Mgr Initiate
ORDERING JUDICIAL FORECLOSURE OF CERTAIN PROPERTIES FOR WHICH THE Judicial
- PAYMENT OF SPECIAL TAXES ARE DELINQUENT PURSUANT TO THE MELLO-ROOS Foreclosure
.COMMUNITY FACILITIES ACT OF 1982, APPROVING AND RATIFYING CERTAIN within CFD
ACTIONS OF THE CITY ATTORNEY AND ORDERING THAT THE TAX COLLECTOR BE
CREDITED WITH THOSE SPECIAL TAXES.
9. SPECIAL CALL ITEM. Spec Call
10.- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS Res.08-Cl 17
APPROVAL OF FINAL TRACT MAP NO.68355. Final Map 68355
SPECIAL CALL ITEMS _ - Spec Call Items
Mayor Rocha addressed the HR Action items asking that with the reclassification of the CSO's, if there
would be a loss or lack of CSO's. Chief of Police Garcia and City Manager Detach responded stating that
the action was a reclassification of those positions withtitlesthat best describe their administrative type
duties and the positions would stay intact.
Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Gonzales and unanimously HR Action
carried that the Human Resources Action ltems were approved as follows: Items
Merit Increase and/or Regular Appointments: S.Shahsavari,g.Espinoza,and G.Conrad.
Approved
Flexible Staffing Promotion: D.Baird,Water Distribution Wrk B,and B.Bommarito,Customer Service
Rep.II.
Reclassification: D.Ursua,Court Liaison Officer,and S.Willison,Training Coordinator.
Mayor Rocha addressed the item regarding the City Hall Basement Remodel asking if it was also for the Advantage Prj
upstairs portion of the building. City Manage Delach responded stating that it is just for downstairs Bldrs Remodel
basement which will house the Office of Emergency Services Area D Coordinator. There was
typographical errors pointed out and staff responded that they would be corrected. Moved by Mayor Pro-
Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to award the Contract for
City Hall Basement Remodel to Advantage Project Builders Inc., in the amount of $110,882.00 for
construction services.
12/15/08 PAGE FIVE
THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT CRA Convene ' v
9:14 P.M.P.M. THE CITY COUNCIL RECONVENED AT 9:39 P.M. Cncl reconvened
It was consensus of Councilmembers to adjourn in memory of Margarita Gonzales and Lloyd Davies. Adjourn in
memory of
Margarita
Gonzales and
Lloyd Davies
UPCOMING MEETINGS: Upcoming
January S,2009,City Council Meeting—6:30 p.m.(Auditorium) Meetings
January 12,2009, Special Meeting—Closed Session,EOC—City Manager/City Attorney Evaluation 6:00
p.m.
January 20,2009,(Tuesday)City Council Meeting—6:30 p.m.(Auditorium)
January 26,2009,Utility Board Meeting—6:30 p.m.(Light and Water Conference Room)
TIME OF ADJOURNMENT: 9:40 P.M.
CITY CLERK
NEXT RESOLUTION NO.2009-C1.
NEXT ORDINANCE NO.2009-01.
12/15/08 PAGE SIX
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�i�
DATE: JANUARY 5, 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 December 9,2008,the Personnel Board confirmed the f6llowing Department Head recommendation regarding
the following Personnel Action requests.
A. MERIT INCREASE AND/OR REGULAR APPOINTMENT_ :
DEPARTMENT=-NAME _. : CLASSIFICATION ACTION/EFF-,,;: RANGE/STEP
DATE '` BASE MO.SALARY
PD William Johnson Police Officer Merit Increase/ 6101/1
08/23/2008 $5,801.85
B. RECLASSIFICATION—The following reclassification has been requested by the department head and are
beinjZ made in accordance with the City of Azusa Rules of the Civil Service S stem,
DEPARTMENT NAME- CLASSIFICATION; EFFECTIVERANGE/STEP
u ' - FRONUTO DATE BASE MO'SALARY. :;
FN Ruby Toledo From: Account Specialist III 07/01/2008 4179/5
To: Accounts Payable $4,943.01
S ecialist
C. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to
the Rules of The Civil Service S stem.
DEPARTMENT NAME CLASSIFICATIONEFFECTIVE RANGE/STEP
DATE BASE MO SALARY:.
PD Kelli McMath Police Dispatcher Pending Physical 9164/5
& Fin er Prints $4,417.30
D. SEPARATION: The foll&Mng separations are submitted for informational oses.
DEPARTMENT NAME CLASSIFICATION EFFECTIYE`DATE
PD Eugene Street Police Ca tain 12/31/2008
UTL Donna Ramirez Senior Office Specialist 12/23/2008
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets.
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CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: POLICE CHIEF BOB GARCIA �,p�
VIA: F.M. DELACH, CITY MANAGER l r" "4-�
DATE: JANUARY 5, 2009
SUBJECT: ADOPTION OF A RESOLUTION APPROVING A POLICY FOR HANDLING
REQUESTS FORINSPECTION AND/ORCOPYING OF PUBLIC RECORDS
RECOMMENDATION
It is recommended that City Council adopt the proposed Resolution titled: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APROVING A POLICY FOR
HANDLING REQUESTS FOR INSPECTION AND/OR COPYING OF PUBLIC RECORDS
BACKGROUND
Like all California cities, the City of Azusa is required under the California Public Records Act
(Gov. Code §§ 6250-6276.48) to make available for inspection and copying any City records that
are not otherwise exempt from disclosure under State or federal law. Normally the City Clerk's
Office handles Public Records Act requests received by the City. However, from time to time,
various City departments receive requests for copies of City records. City staff members who
are unfamiliar with the Public Records Act are often confused on how records requests should be
handled or what time frames apply to responding to such requests.
Earlier this year, Police dispatchers and Public Works employees received verbal requests for
records during hours when City Hall offices are closed. The individual responsible for these
requests is well known for seeking out public employees who are likely to be unfamiliar with the
Public Records Act and asking them for copies of records. When the requests are not processed
within the Public Records Act's time frame, this individual files a lawsuit against the City.
These particular requests were quickly forwarded to the department heads with no negative
results. However, City staff would like to avoid any potential problems that may arise if records
requests are mishandled in the future.
DISCUSSION:
To avoid potential problems and to provide guidance to both City employees and the public
regarding records requests, Staff has prepared a policy that establishes a procedure for handling
requests for inspection and/or copying of City records. The policy is authorized under the Public
1
Records Act, which specifically allows public agencies to adopt regulations or guidelines stating
the procedures to be followed when making public records available. (Gov. Code § 6253.4).
The draft policy lists definitions and exemptions provided in the Public Records Act and
establishes the following requirements for processing records requests:
(1) Requests must be submitted to the City Clerk during normal business hours. The Public
Records Act requires that disclosable public records be open to inspection "during the
office hours of the state or local agency..." This requirement will avoid potential
problems associated with requests delivered to other City staff members who are
unfamiliar with the Public Records Act.
(2) Requests should be submitted in writing to the City Clerk. The City cannot deny verbal
requests for records, but the policy encourages the public to submit all records requests in
writing.
(3) All verbal requests must be submitted to the City Clerk's Office. Although verbal
requests cannot be denied, they can be directed to the proper office. The policy
specifically states that any City personnel in departments other than the City Clerk's
Office will direct the requester to contact the City Clerk.
(4) Requests should clearly identify the records. City staff members are required to assist
members of the public to make focused requests that reasonably describe identifiable
records. Encouraging requesters to clearly identify the records they are seeking helps
City staff to process records requests more quickly and efficiently.
The draft policy also specifies the procedure to follow for requests received by mail, hand
delivery, telephone, fax and e-mail. The policy also includes the City's established copying fees.
Finally, the policy provides a "Public Record Request Form" for the public to complete and
submit to the City Clerk.
City staff has prepared a draft resolution that approves the policy, which is Exhibit "A" of the
draft resolution. Approval of the policy will provide the public and City staff with guidelines
that comply with the Public Records Act and will assist staff in responding efficiently to requests
for public records.
FISCAL IMPACT
None.
ENVIRONMENTAL IMPACT
Not applicable.
Attachments: Proposed Resolution and Exhibit "A" - Policy
2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
APROVING A POLICY FOR HANDLING REQUESTS FOR INSPECTION AND/OR COPYING OF
PUBLIC RECORDS
WHEREAS, the City of Azusa is subject to the California Public Records Act, as
set forth in California Government Code sections 6250 — 6276.48; and
WHEREAS, under the Public Records Act, the City must make available for
inspection and/or copying any City records that are not otherwise exempt from
disclosure under State or federal law; and
WHEREAS, the Public Records Act allows every public agency to adopt regulations
stating the procedures to be followed when making its records available for inspection
and/or copying pursuant to Government Code section 6253.4; and
WHEREAS, in accordance with the above referenced section of the Public Records
Act, the City Council desires to adopt regulations stating the procedures to be followed
when making City records available for inspection and copying.
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Approval of Policy. The City Council hereby approves the City of
Azusa policy titled "Requests for Inspection and/or Copying of Public Records,"
attached hereto as Exhibit "A" and incorporated herein by reference.
SECTION 2. Authorization to Implement. The City Council authorizes the City
Manager, and other City staff members as designated by the City Manager, to
implement the attached policy and to amend the policy from time to time in compliance
with any changes in State or federal law or regulations that may affect disclosure of City
records.
SECTION 3. Upon the City Council's approval of this Resolution, the City Clerk,
shall cause notices and/or advertisements to be posted on the City's Internet website
and duly published in at least one newspaper of general circulation in the City, setting
forth the City's reward offer in a manner designed to provide immediate City-wide notice
of the offer. All notices and advertisements of a reward shall set forth the conditions
and limitations of the offer.
SECTION 4. Effective Date. This Resolution shall become effective immediately
upon its adoption.
1
PASSED, APPROVED AND ADOPTED THIS _ DAY OF ' 2009.
JOSEPH R. ROCHA
MAYOR
ATTEST:
VERA MENDOZA
CITY CLERK
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
CITY ATTORNEY
2
EXHIBIT "A"
City of Azusa Policy
"Requests for Inspection and/or Copying of Public Records"
[ATTACHED]
3
i
CITY OF AZUSA
POLICY TITLE: REQUESTS FOR INSPECTION AND/OR COPYING OF PUBLIC RECORDS
PURPOSE
This policy is established in accordance with Government Code section 6253.4, subdivision (a),
which states: "Every agency may adopt regulations stating the procedures to be followed when
making its records available in accordance with this section." This policy sets forth the City's
policies and procedures for handling requests to inspect and/or copy public records. It is
designed to be in compliance with the California Public Records Act (Gov. Code §§ 6250 et
seq.) and all existing laws pertaining to disclosure of public records. If any provision of this
policy conflicts with current State or federal law, the law shall take precedence.
PROCEDURE .
1. Definitions
As used in this policy, the following terms shall have the following meanings:
(a) "City" shall mean the CITY OF AzuSA.
(b) "Person" shall mean any natural person, corporation, partnership, limited liability
company, firm, or association.
(c) "Writing" means handwriting, typewriting, printing, photostating, photographing,
photocopying, electronic mail, facsimile, and every other means of recording
upon any tangible thing any form of communication or representation, including
letters, words, pictures, sounds, or symbols, or combination thereof, and any
record thereby created, regardless of the manner in which the record has been
stored.
(d) "Public records" shall mean any writing containing information relating to the
conduct of the City's business prepared, owned, used, or retained by the City
regardless of physical form or characteristics.
(e) "Requester" shall mean a person, or representative of a person, who has submitted
a request for records to the City by mail, fax, e-mail,telephone or in person.
2. Riehtto Inspect
Disclosable public records of the Ci are open to inspection City b P p y any person at all times
-I-
during the normal business hours of the City Hall offices, in accordance with Section 5 of this
policy. Copies of disclosable public records may be obtained by any person, in accordance with
the procedures set forth in this policy. Any disclosable portion of a record that can be reasonably
separated from any portions of the record that are exempt by law shall be made available for
inspection and/or copying after the exempt portions have been deleted. Any request for records
and any responding documents may be subject to review by the City's legal counsel prior to any
inspection of the records or delivery of copies.
3. Records Exempt from Disclosure
Records which are exempt from disclosure by law include but are not limited to the
following:
(a) Preliminary drafts, notes, interagency, or intra-agency memoranda which are not
retained by the City in the ordinary course of business, provided that the public
interest in withholding such records clearly outweighs the public interest in
disclosure. (Gov. Code § 6254, subd. (a).)
(b) Records pertaining to pending litigation to which the City is a party, or to claims
made pursuant to Division 3.6 (commencing with Section 810) of Title I of the
Government Code, until such pending litigation or claim has been finally
adjudicated or otherwise settled. (Gov. Code § 6254, subd. (b).)
(c) Personnel, medical, or similar files, the disclosure of which would constitute an
unwarranted invasion of personal privacy. (Gov. Code § 6354, subd. (c).)
(d) Statements of personal worth or personal financial data required by the City and
filed by an applicant with the City to establish his/her personal qualification for
the license, certificate or permit applied for. (Gov. Code § 6254, subd. (n).)
(e) The contents of real estate appraisals, engineering or feasibility estimates, and
evaluations made for or by the City relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of the property has
been acquired or all of the contract agreements are obtained; provided that the law
of eminent domain shall not be affected by this provision. (Gov. Code § 6254,
subd. (h).)
(f) Computer software developed by a state or local agency is not itself a public
record. (Gov. Code § 6254.9.)
(g) The records made, if any, of closed sessions, along with any confidential
information that has been acquired by being present in a closed session, are not
public records subject to inspection. (Gov. Code §§ 54957.2, 54963.)
2
(h) Records the disclosure of which is exempted or prohibited pursuant to federal or
state law (i.e., attorney-client privilege under the California Evidence Code).
(Gov. Code § 6254, subd. (k).)
(i) Social security numbers — State law requires local agencies to redact social
security numbers from records before disclosing such records to the public. (Gov.
Code § 6254.29.)
(j) Test questions, scoring keys, and other examination data used to administer an
examination for employment are exempt from disclosure. (Gov. Code § 6254,
subd. (g).)
(k) Library registration and circulation records are exempt from disclosure. (Gov.
Code §§ 6254, subd. 0), 6267.)
(1) Utility customer information —names, credit histories, utility usage data, home
addresses, or home telephone numbers are exempt from disclosure except under
specific circumstances. (Gov. Code § 6254.16.)
This partial list of exemptions is subject to existing State and federal law, and any
changes in the law are automatically incorporated into this policy. An expanded list of exempt
documents and documents which are not deemed to be public records is provided in the
California Public Records Act(Gov. Code §§ 6250 et seq.)
4. Requests to Inspect and/or Make Copies
Requests Must be Submitted to the City Clerk During Normal Business Hours. All
requests for records must be submitted to the City Clerk during normal business hours when City
Hall offices are open. Receiving requests during normal business hours helps City staff avoid
any delays in responding to requests for inspection and/or copies of City records. This
requirement complies with the Public Records Act mandate that public records must be "open to
inspection at all times during the office hours of the state or local agency..." (Gov. Code § 6253,
subd. (a).) (Emphasis added.) This requirement to submit records requests during normal
business hours also complies with the Public Records Act provision that allows the City to
"adopt requirements for itself that allow for faster, more efficient, or greater access to records
than prescribed by the minimum standards set forth in [the Public Records Act]." (Gov. Code §
6253, subd. (e).)
Requests Should be Submitted in Writing to the City Clerk. The City encourages
members of the public to submit all records requests in writing to the City Clerk's office,
preferably using the Public Record Request form attached as Exhibit "A" to this policy. Written
requests reduce any misunderstandings between the requester and City staff, which allows City
staff to respond to records requests in a timely manner and with greater efficiency. However, the
City will not deny a request for records solely because it is not submitted in writing.
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3
All Verbal Requests Must be Submitted to the City Clerk's Office. If any member of the
public chooses to make a verbal request for records, such requests will only be accepted through
the City Clerk's office during normal business hours when City Hall offices are open. City
personnel in other City departments who receive verbal requests for records will direct the
requester to contact the City Clerk's office.
Requests Should Clearly Identify the Records. The requester should, in writing, specify
the records to be inspected/copied with sufficient detail to enable the City to identify the
particular records. If the request seems ambiguous or unfocused, City staff will make a
reasonable effort to obtain additional clarifying information from the requester that will help
identify the record or records. Pursuant to Government Code Section 6253.1, City staff shall do
all of the following, to the extent reasonable under the circumstances:
• Assist the member of the public to identify records and information that are
responsive to the request or to the purpose of the request, if stated;
• Describe the information technology and physical location in which the records
exist; and
• Provide suggestions for overcoming any practical basis for denying access to the
records or information sought.
5. Making Determinations on Records Reguests/Takin2 Time Extensions
The City, upon a request to inspect or copy records, shall, within ten (10) days from
receipt of the request, determine whether the request, in whole or in part, seeks disclosable public
records in the possession of the City. City staff shall promptly notify the person making the
request of the City's determination and the reasons for the determination. In unusual
circumstances, the time limit for providing the determination on a records request may be
extended by written notice to the person making the request, setting forth the reasons for the
extension and the date on which a determination is expected to be provided. Any extension of
time will not last more than fourteen (14) calendar days. A response to a written request for
inspection or copies of public records that includes a determination that the request is denied, in
whole or in part, shall be in writing. As used in this policy and pursuant to Government Code
section 6253, subdivision (c), "unusual circumstances" means the following, but only to the
extent reasonably necessary to the proper processing of the particular request:
(1) The need to search for and collect the requested records from field facilities or
other establishments that are separate from the office processing the request.
(2) The need to search for, collect, and appropriately examine a voluminous amount
of separate and distinct records that are demanded in a single request.
(3) The need for consultation, which shall be conducted with.all practicable speed,
with another agency having substantial interest in the determination of the request
Pr among two or more components of the City having substantial subject matter
interest therein.
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(4) The need to compile data, to write programming language or a computer program,
or to construct a computer report to extract data.
6. Procedures for Requests for Inspection and/or Copies
Requests for inspection and/or copies of records determined to be disclosable will be.
handled as follows:
(1) Requests Received by Mail - The City Clerk or a member of the City Clerk's staff
will notify the requester of the fees to be paid to the City for copies of such
records. Upon receipt of such fees, the City Clerk or a member of the City
Clerk's staff shall prepare and mail copies of such records to the requester.
(2) Requests Delivered in Person — Copies of requested documents will be provided
after payment of fees in accordance with the established fee schedule (Exhibit
"B"). As previously stated, requests for records should be submitted in writing,
preferably by completing the attached Public Records Request form.
(3) Requests Received by Telephone — In response to a telephone request for copies
of City records, the City Clerk or a member of the City Clerk's staff will explain
the records request procedure (including established fees) as outlined above.
Payment of fees is required before copies may be prepared. A Public Records
Request form (Exhibit "A") should be completed by the City employee receiving
the request by telephone.
(4) Requests Received by Fax — In response to a faxed request for copies of City
records, the City Clerk or a member of the City Clerk's staff will explain to the
requester the procedures (including established fees) as stated above.. Payment of
fees is required before copies may be prepared.
(5) Requests Received by E-mail — In response to a request by e-mail for copies of
City records, the City Clerk or a member of the City Clerk's staff will transmit to
the requester an explanation of the procedures (including established fees) as
outlined in subsections (1) and (2) above, and transmit Exhibits "A" and "B" to
the Requester. Payment of fees is required before copies may be prepared.
Any person in attendance at an inspection of City records may request a copy of any
disclosable record being inspected. Upon completion of the written request and payment of the
applicable fees, the City Clerk or a member of the City Clerk's staff will prepare copies of the
requested records at the time of inspection. If a large number of copies is requested after a
records inspection, City staff may need additional time to make the requested copies.
7. Fees for Copies
The City shall charge fees for copies or certified copies of identifiable public records or
information as set forth in Exhibit "B."
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EXHIBIT "A" (Page 1 of 2)
PUBLIC RECORD REQUEST FORM
Date of Request:
In accordance with the California Public Records Act(Gov. Code §§. 6250 et seq.), I am
requesting to (check one):
❑ inspect the following public records ❑ receive copies of the following public records
[Please provide sufficient detail to assist in locating the pub lie records you are seeking]
Type of Record(s):
Date or Date Range of Records:
Incident Location (if applicable):
Additional Information:
I understand that the City will respond to all Public Records Act requests in compliance with
State law.
For copies of the above-listed public records, I understand the City copying fees will apply or
statutory fees for copying mayapply. I understand that I will be responsible for payment of all
copying fees in advance of delivery of any requested copies. I also understand that the City has
10 days to determine if the request seeks disclosable records in the City's possession. In some
instances, the time may be extended by written notice if additional time is required to search for
and collect the requested information. If more than fifty (50) pages are requested, the City may
require a deposit before making copies.
Name/Signature of Requester (Optional)
Address:
Phone/Fax/E-Mail:
EXHIBIT "A" (Page 2 of 2) _
PUBLIC RECORD REQUEST FORM
FOR STAFF USE ONLY:
Copy(ies)Provided? Yes No
Partial
Method of Delivery. Date
List any requested document that is exempt from public disclosure and was not copied(i.e.,personnel files,
attorney/client privilege documents,preliminary drafts, pending litigation or claims,etc.)
Estimated Copy Charges:
Amount of Deposit(if required):
Refund/Additional Payment:
Total Payment Received:
Request for Additional Information by City to Locate Record Date:
Additional Information Received by City. Date:
Records located and delivered. Date:
Request Completed: by Date
Signature:
2
EXHIBIT "B"
PUBLIC RECORDS REQUEST
SCHEDULE OF CITY COPYING FEES
Description Price
Copy Price per Page— Standard Letter Size (8 1/2" x 11") 56¢ —first
[No charge for documents that are four (4) pages or less] page; 15¢ each
additional
page ¢
Copy Price per Page - Legal Size (8 1/2" X 14") 50¢—first
page; 15¢ each
additional
page
Copy charges for oversized documents that must be Actual cost
outsourced for duplication/reproduction
Price for Public Records in electronic format, including Per Gov. Code
video tapes of public meetings, when requested in electronic Section 6253.9
format, shall be calculated by the City in accordance with
Government Code Section 6253.9, as it may be amended
from time to time.
Copy charge for duplication of audio tapes $3.00 per tape
Note : Payment is required in advance of delivery of any requested records.
All fees are in compliance with the City's fee schedule and are subject to change as the fee schedule is updated.
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P
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ALBERT TOVAR, DIRECTOR OF LIBRARY SERVICES
VIA: F.M. DELACH, CITY MANAGERU�
DATE: JANUARY 5, 2009
SUBJECT: BUDGET AMENDMENT—DONATION FROM CRITERION CATALYSTS AND
TECHNOLOGIES
RECOMMENDATION
It is recommended that the City Council amend the Library Department's FY 2008/2009 budget by
$6,400 with a donation from Criterion Catalysts and Technologies Company in the City of Azusa.
BACKGROUND
In its effort to implement bookmobile library services, a project partially funded by the Canyon City
Foundation, the Library Department has made local businesses and organizations aware of its need
for sponsors to support this important new service. Criterion Catalysts and Technologies Company
in the City of Azusa has generously stepped forward to support the cost for exterior paint and
wrapping of the bookmobile van. The donation of $6,400 reflects this cost. At the December 1.
2008 City Council meeting Criterion Catalysts and Technologies Company was acknowledged for
their support with a certificate of appreciation issued by the Azusa City Council.
The implementation of the bookmobile is scheduled for late February or early March 2009.
FISCAL IMPACT
This action amends the Library Department's budget by $6,400. The check from Criterion
Catalysts and Technologies Company has been deposited into grant account number 28-30-511-
051-4875.
Report prepared by Shahla Shahsavari, Assistant Director, Library Services
Fx
. I
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT B. GARCIA, CHIEF OF POLIrCEE
VIA: F.M. DELACH, CITY MANAGERl2/
DATE: JANUARY 5, 2009
SUBJECT: AWARD BID FOR PUBLIC SAFETY CONVERSION OF ONE 2007
CHEVROLET TAHOE TO 10-8 RETROFIT, INC.
RECOMMENDATION
It is recommended that the City Council approve awarding 10-8 RETROFIT INC, the
lowest responsible bidder, the bid to convert one 2007 Chevrolet Tahoe with the
necessary emergency equipment for police use in the amount of$105262.78
BACKGROUND
On September 15, 2008, City Council approved the purchase of one black and white
Chevrolet Tahoe for the Police Department to use as a field supervisor vehicle. The
Police Department recently contacted three reputable companies that "convert" police
cars and received the following written quotes/bids to convert the Chevrolet Tahoe:
1. 10-8 Retrofit Inc. (City of La Verne) $10,262.78
2. Espino's Cop Shop (City of Rancho Cucamonga) $11,475.59
3. West Coast Lights& Sirens (City of Riverside) $11,999.30
FISCAL IMPACT
The conversion of the Chevrolet Tahoe will be funded from the Police Department's
Capital Outlay-Equipment Replacement Account, No. 46-20-310-000-7135. There are
adequate funds in this account for the completion of this project.
Prepared by:
Sam Gonzalez, Captain
Sam Jauregui, Jail, Fleet, and Facilities Coordinator
�- ti�OF ASG
r _ CgCIfOR"?P ',
CONSENTITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CITY ATTORNEY
VIA: F.M. DELACH, CITY MANAGER�O
DATE: JANAURY 5, 2009
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
DECLARING ITS INTENT THAT THE CITY OF IRWINDALE ACT AS LEAD
AGENCY FOR ADMINISTRATION OF THE ANTICIPATED COMBINED
RECLAMATION PLAN FOR THE RELIANCE I QUARRY, RELIANCE I
LANDFILL, AND RELIANCE—AZUSA QUARRY
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution entitled A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS INTENT THAT THE
CITY OF IRWINDALE ACT AS LEAD AGENCY FOR ADMINISTRATION OF THE
ANTICIPATED COMBINED RECLAMATION PLAN FOR THE RELIANCE I QUARRY,
RELIANCE I LANDFILL, AND RELIANCE—AZUSA QUARRY.
BACKGROUND
In early 2007, as required by the Surface Mining and Reclamation Act of 1975 ("SMARA"), the
City of Irwindale ("Irwindale") submitted to the California Office of Mine Reclamation
("OMR") an Amended Mining & Reclamation Plan ("Reclamation Plan") for the Reliance I
Quarry (and related Reliance II Landfill site), which is located at the northern terminus of
Irwindale Avenue in the City of Irwindale. Irwindale submitted the Reclamation Plan due to
extensive proposed changes in the mining operations of the Reliance I Quarry.
The Reliance I Quarry is part of a larger mining operation that straddles Irwindale and the City
of Azusa ("City"), and includes the Reliance — Azusa Quarry, which is located within the City.
The larger mining operation is bounded on the south by Foothill Blvd. and on the east by Todd
Ave. Other than the jurisdictional boundary, there is no significant physical boundary separating
the Reliance I Quarry and the Reliance—Azusa Quarry.
The Reclamation Plan submitted by Irwindale did not address the Reliance — Azusa Quarry,
which has its own reclamation plan for which the City currently acts as lead agency. Although
the Reliance I Quarry and Reliance — Azusa Quarry have historically been treated as distinct
mines subject to different reclamation plans, changes in the law since the initial approval of these
—1—
reclamation plans led the OMR, in its written response to Irwindale's proposed Reclamation
Plan, to conclude that the mines comprise one large pit quarry that straddles two jurisdictions and
should be subject to one reclamation plan. (See Attachment 1.)
Subsequent to receiving the OMR's comments, Irwindale contacted the City to inform us of the
OMR's requirement that the Reliance I and Reliance — Azusa quarries be treated as one mining
operation subject to one reclamation plan under the jurisdiction of one lead agency, and asking
for the City's input on the lead agency issue.
DISCUSSION:
In submitting the Reclamation Plan to the OMR, Irwindale does not appear to have had any
desire to address or impact the Reliance — Azusa Quarry in any way. Indeed, as will be
discussed below, inclusion of the Reliance — Azusa Quarry in the Reclamation Plan adds to the
time and expense of administering the Reclamation Plan — a result not in IrwindaWs best
interests. Moreover, as a result of the OMR's requirement that the Reclamation Plan be
amended to include the Reliance — Azusa Quarry, Irwindale is being forced to extensively
rewrite the Reclamation Plan.
Combining the quarries at issue into one reclamation plan appears to be an unavoidable
consequence of the law. Section 3502 of Title 14 of the California Code of Regulations requires
each surface mining operation to have no more than one approved reclamation plan, except
where a single surface mining operation has separate facilities located within separate
jurisdictions, and those facilities are separated by a distinct and significant physical boundary,
such as a major highway or stream channel.
The Reliance I and Reliance — Azusa quarries fall within the ambit of section 3502. While the
quarries have separate facilities located within separate jurisdictions, they are not separated by
any distinct or significant physical boundary. Instead, the two quarries are essentially part of the
same general quarry.
There is an exception to the single plan requirement for surface mining operations that lack a
significant physical boundary, where multiple reclamation plans were approved on or before
October 1, 2002. If not for Irwindale's submission of the Reclamation Plan, that exception
would apply here. However, when a substantial change to the surface mining operation is
proposed after October 1, 2002, a single reclamation plan must replace the multiple reclamation
plans. Thus, due to the significant proposed changes to the Reliance I Quarry, the two Reliance
quarries will now be treated as one operation by the OMR, and be subject to one reclamation
plan under the jurisdiction of one lead agency.
The question before the City Council therefore, is not whether the Reliance quarries should be
treated as one operation, but which city (Irwindale or Azusa) should act as lead agency for the
combined mining operation and promulgation and enforcement of the combined reclamation
plan. For the reasons articulated below, we recommend permitting Irwindale to act as lead
agency for the combined reclamation plan.
—2—
C
Acting as lead agency appears to have little benefit to the City. Under SMARA, the lead agency
is burdened with a host of time- and money-consuming responsibilities, including drafting and
seeking approval of the reclamation plan and any amendments thereto; directly overseeing the
implementation of the reclamation plan, including the possibility of performing the reclamation
plan itself, if the operator is financially incapable of performing the reclamation plan; and
conducting regular site inspections to determine if the surface mining operation is in compliance
with SMARA.
While the lead agency is burdened with the responsibility to implement and oversee the
reclamation plan, responsible agencies are permitted full and equal voice in the process of
reclamation plan approval, without the burdens imposed on the lead agency. Thus, the City, in
choosing not to act as lead agency, would have the full right to provide detailed input in the
reclamation plan drafting and approval process, but would not be burdened with the ongoing
responsibility to oversee its implementation.
Moreover, the provisions of SMARA do not affect the City's police power or land use regulation
authority. Thus, if Irwindale were to act as lead agency for the Reliance quarries, the City would
retain its full police power to declare, prohibit and abate nuisances occurring within the City in
the Reliance quarries. The City would also have the same authority to regulate all land use
issues within its boundaries as if it were the lead agency itself. In short, permitting Irwindale to
act as lead agency for the combined reclamation plan will not affect the City's governing power.
Finally, even if the City wanted to act as lead agency for the combined reclamation plan, it is
uncertain whether it would be appointed lead agency. In its response to the Reclamation Plan,
the OMR stated:
if a question arises as to whether the City of Irwindale or the City of Azusa is the lead
agency for the combined mining operation, these public agencies, any other affected
public agencies, or the affected operator, may submit the matter to the State Mining and
Geology Board (SMGB) as allowed in SMARA Section 2771. All affected public
agencies will be notified, and a public hearing will be held on the matter. The SMGB
will designate the public agency which will serve as the lead agency. (See Attachment
1.)
Irwindale has clearly stated that it wants to act as lead agency for any combined reclamation
plan. Thus, were the City to want to act as lead agency as well, the dispute would be submitted
to the SMGB as provided above. This would be an expensive and time-consuming endeavor that
would probably not result in the City being named lead agency.
A variety of factors support the conclusion that the SMGB would likely find that Irwindale has a
more direct and substantial interest in acting as lead agency for the combined reclamation plan,
including the following: the lead agency question resulted from Irwindale's submission of the
Reclamation Plan; there are substantial proposed changes to the Reliance I Quarry located within
Irwindale's city limits and none proposed for the Reliance — Azusa Quarry, which is largely
dormant; and approximately 80% of the land subject to the combined reclamation plan is located
—3—
within Irwindale.]
Due to the burdens imposed on a lead agency andthe fact that the City will not lose any of its
code enforcement or land use authority by permitting Irwindale to act as lead agency, as well as
the probable outcome of any lead agency contest before the SMGB, it appears to be in the City's
best interest to permit Irwindale to act as lead agency for the combined reclamation plan.
FISCAL IMPACT:
None.
Attachments: (1) Page 7 of OMR Written Response
(2) Resolution
According to Vulcan,the combined surface mining operation consists of 265.03 acres,with only 51.50 acres
(19.4%) located within the City.
—4—
Ray Hamada
July 11, 2008
Page 7
12. Weed control is an important part of a reclamation plan (CCR 3705(k).
Common weeds in the area noted on the biological studies include
tamarisk, arundo, black mustard, fountain grass, tree tobacco, castor
bean, eucalyptus, and tree-of-heaven. Monitoring standards, action
thresholds, and control measures should be set forth in the plan.
Administrative Requirements
(Refer to SMARA sections 2772, 2773.1, 2774, 2776 and 2777'. PRC section 21151.7)
13. As mentioned above and shown on Figures 9 and 13 of the reclamation
plan, the Reliance I Quarry and Reliance —Azusa Quarry (CA Mine ID 91-
19-0018) appear to be one mining operation. The mines are on
contiguous parcels and are not separated by a distict and significant
physical boundary. Thus, the mines comprise one large pit quarry that
straddles two lead agency jurisdictions: the City of Irwindale as lead
agency for the Reliance I Quarry; and the City of Azusa as the lead
agency for the Reliance — Azusa Quarry. OMR's files indicate that each
quarry has its own reclamation plan approved by their respective lead
agencies. CCR Section 3502 requires each surface mining operation to
have no more than one approved reclamation plan except where a single
surface mining operation has separate facilities located within different
lead agency jurisdictions, and where these facilities are separated by a
distinct and significant boundary. No major highway, stream channel, or
other significant physical boundary separates the Reliance I and Reliance
—Azusa quarries. Further exception to the one reclamation plan
requirement is given to mining operations that have more than one
reclamation plan approved on or before October 1, 2002; however, the
exception does not apply if new mining operations or substantial
deviations to the operations are proposed after that date that requires one
of the plans to be amended. As a consequence, the mining and
reclamation plan should be amended to include both the Reliance I and
Reliance —Azusa quarries as one mining operation under the jurisdiction
of a single lead agency.
14. If a question arises as to whether the City of Irwindale or the City of Azusa
is the lead agency for the combined mining operation, these public
agencies, any other affected public agencies, or the affected operator,
may submit the matter to the State Mining and Geology Board (SMGB) as
allowed in SMARA Section 2771. All affected public agencies will be
notified, and a public hearing will be held on the matter. The SMGB will
designate the public agency which will serve as the lead agency.
Recent legislation (Senate Bill 668, Chapter 869, Statutes of 2006) amended PRC
section 2774 with respect to lead agency approvals of reclamation plans, plan
amendments, and financial assurances. These new requirements are applicable to the
above reclamation plan. At least 30 days prior to its approval, a propose(] response to
the comments listed above must be submitted to the Department. The proposed
response must describe whether you propose to adopt the comments. If you do not
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
DECLARING ITS INTENT THAT THE CITY OF IRWINDALE ACT AS LEAD
AGENCY FOR ADMINISTRATION OF THE ANTICIPATED COMBINED
RECLAMATION PLAN FOR THE RELIANCE I QUARRY, RELIANCE I
LANDFILL,AND RELIANCE—AZUSA QUARRY
WHEREAS, in 1976, the State of California adopted the Surface Mining and
Reclamation Act (SMARA) to ensure that adverse environmental impacts caused by
surface mining activities are mitigated through prudent reclamation practices, by
requiring, among other things, adoption of reclamation plans for surface mining
operations; and
WHEREAS, the City of Azusa currently acts as lead agency for the reclamation
plan for the Reliance—Azusa Quarry located within the City of Azusa; and
WHEREAS, the City of Irwindale currently acts as lead agency for the
reclamation plan for the Reliance I Quarry and Reliance I Landfill, located within the
City of Irwindale; and
WHEREAS, due to extensive proposed changes to the Reliance I Quarry, the City
of Irwindale submitted to the California Office of Mine Reclamation ("OMR") an
Amended Mining & Reclamation Plan for the Reliance I Quarry and related Reliance II
Landfill; and
WHEREAS, in its written response to the City of Irwindale's amended
reclamation plan, the OMR concluded that the Reliance I Quarry, Reliance I Landfill, and
Reliance —Azusa Quarry comprise one large surface mining operation that straddles two
jurisdictions and should be subject to one reclamation plan, and requested that the
amended reclamation plan be resubmitted to include the Reliance— Azusa Quarry; and
WHEREAS, the City of Irwindale, in conjunction with the owner and operator of
the Reliance mines, is preparing to submit an amended reclamation plan to the OMR that
complies with the OMR's request for a combined reclamation plan; and
WHEREAS, pursuant to SMARA, only one city may act as lead agency for the
proposed combined reclamation plan, and the City of Irwindale has indicated its desire to
act as lead agency for the combined reclamation plan; and
WHEREAS, the City of Azusa desires to forego the time and expense of
challenging the City of Irwindale for lead agency status.
NOW, THEREFORE, the City Council of the City of Azusa hereby resolves as
follows:
Section 1. The City of Azusa intends that the City of Irwindale act as lead agency for
the anticipated combined reclamation plan for the Reliance I Quarry, Reliance I Landfill,
and Reliance—Azusa Quarry.
PASSED AND ADOPTED this day of 2009.
Mayor
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council
of the City of Azusa at a regular meeting held on the_day of 2009.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
City Clerk
i
70
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCENE HAMILTON, CITY TREASURER ����
DATE: JANUARY 5, 2009
SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES
FOR THE MONTH OF NOVEMBER 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 November 2008.
BACKGROUND:
Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City
of Azusa for the month of November 2008. City investments are made in accordance
with the City's Investment Policy adopted and approved with Resolution No. 05 —
C16 dated, October 6, 2008 and Government Code Section 53600 et seq.
FISCAL IMPACT:
The balances of cash, investments, and projected revenues for the next six months
are expected to be sufficient to meet cash disbursement requirements of the City for
at least the next six months.
CITY OF AZUSA TREASURER'S REPORT
Treasury Checking Accounts and Certificates of Deposit November 30, 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 1,306,928.65
1.231% Overland Sweep Account DDA 495-0041244 0.00
Worker's Compensation.Checking 0606-050318 0.00
Flexible Reimbursement 0606-055036 16,504.82
Payroll Checking (ZBA account) 4159-281393 0.00
Police Petty Cash Fund 060-6050334 239.12
Section 108
0.970% Choice IV-Public Fund Account 410-0162239 30,898.10
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 313,298.69
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 13,808.27
100,000 06/29/09 4.200% Certificate of Deposit - 25467JG21 WFB 25467JG21 100.000.00
TOTALS 4,064,648.12
CITY OF AZUSA TREASURER'S REPORT
TREASURYINVESTMENTS NOVEMBER 30, 2008
Prepared by: Mercado Hamilton,Treasurer
Coupon Maturity SeHlement Market Price
Broker Face Amount Description Rate Data Acct(Cusip No. Data PnncipaP (Changes Market Value"
Monthly)
City of Azusa Investments - AAA Rated Federal Agency Bonds
Wells FaroSec 2.000000.00 FHI-3 4.3000]/14)09 4.300% 01114019 3133XCDO3 01114105 200000000 101]81000 2035620.00
Gifford Sec 2000000.00 FHLB 4,2001211909 4.200% 12115109 3133X9N48 12115/04 2.0D0D0DD 102.219000 2044380.00
Hi. ins Capital 2,00000000 FHLMC 5.2500224/11 5.250% 0224111 3128X4N56 06/14/08 1982640.00 100.785000 2015700.00
Wells FaroSec 100000000 FHLB 40000&1]111 4000% 06/17111 3133XRFE5 06/17/03 1000000.00 100.719000 1007190.00
Wachovia Sac 1.000000.OD FFC63,950 07/1&11 3950% 07/15111 31331Y3EB 07/15108 1000000.02 101.719000 1D1719002
Wachovia Sec 4,000.000.00 FHLB 400010120/11 4.000% ID2o111 3133XSHL5 10120108 4,000,002.00 100,625000 4,025,00000
Gillodd Sec 2.0000000.00 FHLB 3.8]511110/11 3875% 11110111 31331GEGO 11110108 2000000 DO 100.731000 201562000
Wachovia Sec 2000000.00 FHLB 3.1251111]111 3.125% 1111]111 3133XSM70 1111]111 2000000.00 99.781000 1995620.00
Wachovia Sec 2000000.00 FFCB 33]511118111 3375% 11/16111 31331GEW5 01/18111 200000000 100.313000 2006260.00
Wachovia Sec 1000000.00 FHLB 4.62512/19111 4.625% 12119111 3133XNJ26 12119/07 1000 DOD0o 100.125000 1001250.00
Wells Fargo Sac 2000000.00 FHLB 3.440012&12 3440% 0123112 3133XQSTO 04(23/08 2000000.00 100.250000 2005000.00
Hi ins Capital 200D.000.00 FHLB 3550 D1/3W12 3550% 01130/12 3133XPD43 0130108 2ODD 000.00 100.250000 200500000
Hi -ms Capital 200000000 FHLB 5.12503130112 5.125% 03130/12 3133XKD44 0320/D7 2000000.00 101031000 2020620.02
Hi ins Capital 200000000 FHLB 3.550424/12 3.550% 0424/12 3133XOU83 04/24/08 2.000000.00 100.594000 2D11680DO
Wachovia Sec 1 400000000 FHLB 3.4505114/12 3.450% 05/14112 3133XOTD4 05/14/08 400000000 100.250000 4010000.00
Hi .ins Ca ltal 2000000.00 FHLB 52500521/12 5.250% 0521112 3133XKWM3 05121107 2o000D0.00 101438000 202836000
Hi ins Capital 2.000.000.00 FHLB 5.2500529112 5.250% 05129112 3133XKUL7 08122107 1999500.00 101.500000 2030000.00
Gi1fool Sec 2 000 000.00 FHLB 4.15006118112 4.150% 06/18112 3313XRGT1 0611 Ems 200200000 101.000000 202000000
Gilford Sec 1000000.00 FHLB 5.00012/18'12 5000% 12!16112 3133XNTSS 12/18107 1000020.00 100.125000 100125040
Wells Far ^Sec 2000,000 00 FHLB 42000129113 4200% 01129113 3133XP6L3 01291oa 20DOD00.00 100.281000 2005620.00
Wells FaroSec 2000000.00 FHLB 4.35001!30!13 4.350% 0113D113 1133XNYV 0130108 2000000.00 100375000 2007500.00
Gilford Sec 2000000.00 FHLB 4.125 OMW13 4.125% 02120113 3133XPPY4 0220018 1999000 o0 100.469000 200938000
Wachovia Sec 202000000 FHLB 4.250 DYIN13 4.250% 03113113 3133XPY40 03/13MB 2000000.00 1006556M 2.01311200
Gilford Sec 2W 000.00 FHLB 4.2004124113 4.200% 04124113 3133XOMN9 0424/08 2000000.00 100000000 2000000.00
Higgins Capital 2,000,00001) FHLB 50000623113 &DOD% 0626/13 3133XRJSD 062&118 2,000.000.00 100219000 2,004.38000
-TOTALS -:50,000,00000 - :;'. :-_ - �._ .49,981,14000 50,336,33200
WFB-CITY. THIROPARTYCUSTODWLTRUSTACCT 1.320%' N/A - NIA - NIA' "2,1]1,36].09 ID0,000000 2,171,367.09
Light&Water Rale Stablization Fund Investments - AAA Rated Federal Agency Bonds
Hi 3 000 000.00 FHLB 3.55001130/12 3.550% 91130112 3133XPD43 0113DIOS 3000.00100 100.250000 3007500.00
Wachovia 3001000.00 FHLB 4.1500129113 4.150% 01129113 3133XNZC6 01129/08 3020000.co 101.500000 3045000.00
Wachovia 3,215.00000 FHLB 4.0000220/13 4.000% 0280113 3133XPKV5 02/20/08 3.215.00000 100430000 3,229,081.70
TOTALS 9,215,000.00 sL=s "q 9,281,581.70
WFB-LBW -dHIRD PARtt CUSTODIAL TRUST ACCT 1.320% NIA WA: NIA - 223.34 „100.000000 :223.34
'LAW-CITY "S LOCAL AGENCYINVESTMENT FUND '2.588% NIA WA N/A 1 5,531,327.88 10DOWD00 :5,531,327.88
TOTAL INVESTMENTS IN FEDERAL AGENCIES,WFB INSTITUTIONAL TRUSTS,and LAIF 66,899,D58.31 67,320,832.01
INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From July 1,2008) 1,249,285.28
•The'Principal"column reflects the balance on the last day of the month or the"he oncel cost'spent to purchase a semnty.
--The"Market Value" is Ne current price at vihkh a security can be tdaded Or sold,
Treasurer Rs,d N.vemMr 2008.x15 1by2008 G28PId
CITY OF AZUSA TREASURER'S REPORT
INVESTMENT INTEREST EARNINGS Thru November 30, 2008
Prepared by: Marcene Hamilton, Treasurer
Scheduled Scheduled Interest
Face Amount Net Amount Coupon Maturity Acct/Cusip No. Payment 2008/2009 Semi-Annual Received
Rate Date Schedule Interest Payment Fiscal Year
Earnings Amount to Date*
City of Azusa Investments - AAA Rated Federal Agency Bonds
:"1,000,000 _:1.000,000.00 4.850% . ,CALLED'_' 31331YKD1 '12127&6/27: ' 24.250 ,'24,250 . .2,694744
-2,000,000 < ' 2,40',000.00 5.200% -. CALLED = `31331X4V1 -10/3&413 , . ? 104,000 52;000 52,000.00
2,000,000 2,006,891:67. 5.250%'. -CALLED 3133XHET5 -10114&4/14 <=105,000 r<...'52,500 52,500.00
1;000000 :.:1,000,000.00. ,;5.200% iCALLED_- 3128X6PZ3 -10/17&4/17 " 52;000 26,000 i. .>2%000.00
1,000000 - 999,000100: '5000% CALLED;:' ,3133XMNQO 10124&4124 '+-50,000. -_ ,250000 25,000.00
,2,000,000: .: -:- 2,006,094.44 4.750% CALLED ;: ::31331X6X5 -10115&.4115 95,000 '' 47,500 •':"56;472.20
-^ 2;000000 - "1,995,000.00 5125%`. CALLEDs "3133XKVSI k 11124&5124 >A02,500 - 51,250. 1` >`:51.1250.00
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 2,014,723.33 5.250% 02/24/11 3128X4N56 8/24&2124 105,000 52.500 52,500.00
1,000,000 1,000,000.00 4.000% 06/17/11 3133XRFE5 12/17&6117 40,000 20,000
1,000,000 1,000,000.00 3.950% 07115111 31331Y3E8 1115&7/15 - 39,500 19,750
4,000.000 4,000,000.00 4.000% 10/20111 3133XSHL5 4/20&10120 80,000 80,000
2,000,000 2,000,000.00 3.875% 11/10/11 >'-.31331GEGO=, 11110&5/10 77,500 38,750
2,000,000 2,000,000.00 3.125% 11/17/11 :::' 3133XSM70:« 11/17&5117 62,500 31,250
2,000,000 2,000,000.00 3.375% 11/18/11 'T'.31331GEW5-'t•. 11118&5118 67,500 33,750
1,000,000 1,000,000.00 4.625% 12/19/11 3133XNJ26 12119&6/19 46.250 23,125
2,000,000 2,000,000.00 3.440% 01/23/12 3133XQSTO 7123& 1/23 68,800 34,400 17,200.00
2,000,000 2,000,000.00 3.550% 01/30112 3133XPD43 7130& 1130 71,000 35,500 35,500.00
2,000,000 2,000,000.00 5.125% 1 03/30/12 3133XKD44 9/30&3/30 102,500 51,250 51,250.00
2,000,000 2,000,0DO.00 3.550% 04/24/12 3133XQU83 10/24&4/24 71,000 35,500 35,500.00
4,000,000 4,000,000.00 3.450°/ 05/14/12 3133XQTD4 11114&5114 138,000 1 69,000 };`>?69,000.00
2,000,000 2,000,000.00 5.250% 05/21/12 3133XKWM3 11121 &5/21 105,000 52,500 ''-=52,500.00
2,000,000 2,023,708.33 5.250% 05/29/12 3133XKUL7 11129&5129 105,000 52,500
2,000,000 2,000,000.00 4.150% 06/18/12 3133XRGT1 12118&6118 83,000 41,500
1,000,000 1,000,000.00 5.000% 12118112 3133XNT58 12118&6/18 50,000 25,000
2,000,000 2.000,000.00 4.200% 01/29/13 - 3133XP6L3 7/29&1129 84,000 42,000 42,000.00
2,000,000 2,000,000.00 4.350% 01/30113 1 3133XNYL7 7/30&1130 87,000 43,500 43,500.00
2,000,000 1,999,000.00 4.125% 02/20/13 3133XPPY4 8120&2120 82,500 41,250 41,250.00
2.000,000 2,000,000.00 4.250% 03/13/13 3133XPY40 9/13&3113 85.000 42,500 42,500.00
2,000,000 2,000,000.00 4.200% 04/24/13 3133XQMN9 10124&4124 84000 42,000 42,000.00
2,000,000 2,000,000.00 5.000% 06/26/13 3133XRJSO 12/26&6126 10',,000 50,000
50,000 000 ACTIVE INVESTMENTS `' �` 2;537,800 '.1,321,025 833;617
CITY-Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset
4,171367091.320°h C , Na- a ,� *N!A Monthly s ;Per Balance and Rate_,,,, ),,,212;795.34
Li ht&Water Stablization Fund Investments-AAA Rated Federal Agency Bonds
3,000,000.00 3,000,000.004.150% 01/29/13 3133XNZC6 7/29& 1129 124,500.00 62,250.00 62,250.00
3,215.000.00 3,215,000.00 4.000% 02120/13 3133XPKV5 8/20&2120 128,600.00 64,300.00 64,300.00
3,000,000.00 3,000,000.00 1 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 1359,600.00 ,.17980000 =179,800:00
Light&Water Stablization-Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset
223.34% ' '1.3200/ NIA Monthly e'Per Balance and Rete''
CITY-Local Agency Investment Fund-Liquid Asset
5,531,327.88. .2.568%`y N1A '` 'N1A `tea Quarterly.Q , sPer Balance and Rale ,, ,`'`202814.6
*Fiscal Year: July 1 -June 30 TOTAL INTEREST EARNED YTD 1,249,285.28
f
A..
01,
V u,
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER
VIA: F. M. DELACH, CITY MANAGER/f, vj , -
DATE: JANUARY 5, 2009
SUBJECT: BOND REDUCTIONS FOR TRACTS 63336-02 (MAPLETON)
RECOMMENDATION:
It is recommended that the City Council approve the bond reduction request by Christopher Homes for Tract
63336-02.
BACKGROUND:
Christopher Homes, has submitted a request for the reduction of the surety Bond, specifically the Faithful
Performance Bonds, for the above referenced tract.After reviewing the status of the work with Jerry Ichien,
the field inspection supervisor with Quantum, the City's contract inspection company for Rosedale, it has
been agreed that major elements of the street, sewer and storm drain improvements have been completed
and that a reduction in the Bond amounts is appropriate. Tract No. 63336-02 created the Mapleton phase of
the Rosedale project. This phase of the project is located south of Sierra Madre,east of the arroyo and west
of Crepe Myrtle. It is recommended that the$565,467 faithful performance bond be reduced to$142,105.86
as outlined on the attached spreadsheet.
By taking the recommended actions the City Council is not relieving Christopher Homes of their
responsibility to complete the work, nor is the City taking on any maintenance responsibility for the
improvements. Until all improvements are finished the improvements will remain the responsibility of
Christopher Homes.
FISCAL IMPACT:
The reduction of this faithful Perfonnance bonds will have no fiscal impact on the City of Azusa.
Prepared by: Elroy Kiepke, Special City Engineer Rosedale
Attachments: Letter from Christopher Homes requesting reduction of bond amounts.
Tract 63336-02 Rosedale
Total Unit Units Bond Reduced
Streets Quantites Price Estimate Amount
AC 783.6 $ 55.00 Tons $ 43,098.00 $ 4,309.80
Base 1099.3 $ 40.00 Tons $ 43,972.00 $ 4,397.20
C&G 2815 $ 25.00 LF $ 70,375.00 $ 7,037.50
Street Lights 5 $ 1,500.00 EACH $ 7,500.00 $ 7,500.00
Concrete Pavement $ 5.00 SQ FT $ - $ _
Curb Ramps 3 $ 1,500.OD each $ .4,500.00 $ 4,500.00
Sidewalk 9000 $ 3.50 sq ft $ 31,500.00 $ 31,500.00
Misc items 10% $ 20,094.50 $ 5,023.63
total $ 200,945.00 $ 64,268.13
$ 221,039.50
Storm Drains If
18" RCP 32 $ 58.00 If $ 1,856.00 $ 185.60
24" RCP 21 $ 82.00 If $ 1,722.00 $ 172.20
30' RCP $ 110.00 If $ - $ _
36' RCP $ 140.00 If $ $
42" RCP $ 156.00 If $ $
54" RCP $ 250.00 If $ $
60"RCP $ 300.00 If $ $
Other RCP $ 320.00 If $ $ _
Manholes 1 $ 3,000.00 each $ 3,OOO.0D $ 300.00
Junction Structures $ 1,000.00 each $ - $ _
Catch Basins 2 $ 3,500.00 each $ 7,000.00 $ 700.00
Catch Basins/grates $ 4,000.00 each $ _
Misc items
$ 13,578.00 $ 1,357.80
Sewers
8"VCP 1556 $ 57.00 If $ 88,692.00 $ 8,869.20
10"VCP $ 61.00 If $ - $ _
House laterals 55 $ 1,000.00 each $ 55,000.00 $ 5,500.00
12"VCP $ 70.00 If $ _ $ _
Manholes 8 $ 3,000.00 each $ 24,000.00 $ 2,400.00
Misc items 5% $ 8,384.60 $ 838.46
$ 167,692.00 $ 17,607.66
$ 176,076.60
Water
8"DIP 1615 $ 43.00 If $ 69,445.00 $ 6,944.50
12"DIP $ 6D.00 If $ - $ _
16" DIP $ 7D.00 If $ - $
12"Valves $ 3,000.00 each $ _ $ -
8"Valves 7 $ 3,000.00 each $ 21,000.00 $ 2,100.00
Thrust Blocks $ 1,000.00 each $ _ $ _
Fire Hydrants 4 $ 2,000.00 each $ 8,000.00 $ 800.OD
Misc items - 5% $ -4,922.25 $ 492.23
$ 98,445.00 $ 10,336.73
$ 103,367.25
Grand Total est $ 514,061.35 $ 93,570.31
Add Fine Grading and site repair $ 30,000.00
Contingency $ 51,406.14 $ 18,535.55
Bond amount $ 565,467.49 $ 142,105.86
s:
I
ALP
Azusa Land Partners, LLC
i
October 29, 2008
Mr. Elroy Kiepke
City Engineer
City of Azusa
213 E. Foothill Boulevard
Azusa, CA 91702-1375
Subject: Request for Subdivision Improvement Bond Reduction for Final Map
63336-02 (Mapleton)
I
Dew Elroy,
Azusa Land Partners is requesting a reduction of the subdivision improvement bonds for
subject Tract 63336-02. If you need additional information or clarification please call my
office.
Sincerely,
Robert J. T
Vice President
19 Corporate Plaza Newport Beach,CA 92660 949.721.9777 Telephone 949.729.1214 Facsimile
V
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, PUBLIC WORKS DIRECTOWASSISTANT CITY MANAGER
VIA: F.M. DELACH, CITY MANAGER 'G "kil
DATE: JANUARY 5, 2009
SUBJECT: CIP PROJECT: PAVEMENT MANAGEMENT PROGRAM YEAR 5
IMPROVEMENTS —NOTICE OF COMPLETION
RECOMMENDATION
It is recommended that City Council:
1. Find that Sully-Miller Contracting Co., of Anaheim, CA, has completed the Pavement
Management Program Year 5 Improvements Project, No. 07-06;
2. Approve the Notice of Completion and authorize the Mayor to execute the document on
behalf of the City;
3. Authorize the City Clerk to submit said Notice of Completion for recordation to the Office of
the County Recorder of Los Angeles County, within ten days of the City Council approval,
as required by Section 3093 of the California Civil Code.
BACKGROUND
On April 21, 2008, City Council awarded a contract in the amount of $2,059,793.00 to Sully-
Miller Contracting Co. for the Pavement Management Program Year 5 Improvements Project.
This project included improvements to over 13 miles of streets and just over 1 mile of alleyways.
Work on this project began on May 26, 2008 and all work was completed on December 3, 2008.
FISCAL IMPACT
The project was completed within budget with a total construction cost of$2,036,283.45.
Attachment:
Notice of Completion
RECORDING REQUESTED BY -
AND WHEN RECORDED MAIL TO:
NAME AZUSA CITY CLERK
STREET ADDRESS 213 E.FOOTHILL BLVD
CITY,STATE,ZIP AZUSA,CA 91702 SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is Citv of Azusa
3. The full address of the owner is 213 E. Foothill Boulevard Azusa CA 91702
4. The nature of the interest or estate of the owner is:In fee.
(IF OTHER THAN FEE,STRIKE"IN FEE"AND INSERT,FOR EXAMPLE,"PURCHASER UNDER CONTRACT OF PURCHASE'.OR-LESSEE-)
5. The full names and full addresses of a[]persons, if any,who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
None
6. The full names and full addresses of the predecessors in interest of the undersigned,if the property was transferred subsequent to the
commencement of the work or improvements herein referred to:
NAMES ADDRESSES
None
7. A work of improvement on the property hereinafter described was completed on December 3.2008 . The work done was:
Pavement Management Program Year 5 Improvements Project No 07-06
8. The name of the contractor, if any,for such work of improvement was:
Sully-Miller Contracting Co 1100E Orangethome Ave Suite 200 Anaheim CA 92801 Max, 19 2008
(W NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A tyHOLE,INSERT"NONE) (DATE OF CONTRACT)
9. The property on which said work of improvement was completed is in the City of Azusa County of Los Angeles,California and as
described as follows:
Citvwide
10. The street address of said property is None
(IF NO STREET ADDRESS HAS BEEN OFFICIALLY ASSIGNED,MSERT"NONF-)
Dated: Joseph R Rocha Maw
(SIGNATURE OF OWNER OR CORPORATE OFFICER OF OWNER NAMED IN PARAGRAPH 2 OR HIS ADEM)
I,the undersigned,say: I am the person who signed the foregoing notice of completion. 1 have read said notice of completion and know its
contents,and the facts stated therein are true of my own knowledge. 1 declare under penalty of perjury that the foregoing is true and correct.
Executed on at Azusa,County of Los Angeles,California
(DATE)
(SIGNATURE)
OFog2G _
U �
i
i
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER
VIA: F.M. DELACH, CITY MANAGER ✓
DATE: JANUARY 5, 2008
SUBJECT: AWARD OF CONTRACT—PURCHASE OF HEAVY DUTY DUMP TRUCK
RECOMMENDATION
It is recommended that the City Council award a contract to Reynolds Buick-GMC in an amount
of$71,732.51 for the purchase of a 2009 GMC 7500 7-9 Yard Dump Truck.
BACKGROUND
The City maintains a Vehicle Replacement Program that tracks the life and condition of the
Citys fleet. Each year, staff evaluates the condition of each vehicle and determines which are in
good operating condition. These vehicles are kept in service. Vehicles that have reached the end
of their service life and are experiencing mechanical problems requiring costly repairs are
scheduled for replacement.
The FY 2008-09 Capital Outlay list includes funds in the amount of$75,755 for the replacement
of a 1986 Ford Dump Truck. This dump truck has been in service for 22 years and is used
primarily to haul debris, materials, and equipment for various jobs. This truck has logged
significant operating hours, is experiencing many mechanical problems, and the drive train
would need to undergo a $17,000 retrofit to be compliant with AQMD's diesel particulate matter
regulations.
The City of Pasadena purchased a GMC 7500 Dump Truck in January, 2008 for $67,634.16. The
City of Pasadena solicited formal bids and had 4 responses that ranged from $67,634.16 to
$79,828.96. Staff has test driven the truck and concluded this particular truck meets the needs of
the Public Works Department. There are two additional options required of the Dump Truck to
maximize the performance:
1. Axle Upgrade—upgrade the truck's axles to 33,000 GV WR ($2,736 plus tax); and
2. Powered Tarp—upgrade the truck to include a powered tarp ($1,050 plus tax).
The total purchase price of the Dump Truck, including the additional options; is $71,732.51.
This purchase can be "piggy-backed" on to the City of Pasadena's Purchase Order #0000040269 L
under Azusa's Purchasing Ordinance Section 2-522 (a); City is exempt from procuring through a s'
competitive bid process "if its determined that a competitive bid procedure has been conducted
by another public agency and the price to the City is equal to or better than the price to that
public agency."
FISCAL IMPACT
Cost of the Dump Truck is under the $75,775 budgeted amount. This purchase will be paid from
account number 46-55-661-000-7135.
Attachments: Purchase Order& Bid Results from City of Pasadena
City of Pasadena
. City of Pasadena Purchase Order Contract
100 North Garfield AvenueDis atch via Print
Room 328 Purchase Order Date Revision Page
Pasadena CA 91109 CITY-0000040269 oa OB 2008 1
Ph.: 626f744-6755 Net30 DESTINATION EESTWAY
Fax: 6261744-6757 Buyer Type Currency
Marie Nafia a GEN USD
REYNOLDS BUICK- GMC Ship To: Public Works Dept-Fleet
675 S. CITRUS AVE. 323 W MOUNTAIN ST
COVINA CA 91723 PASADENA CA 91103
Ph.:526-744-4338
Bill To: City of Pasadena/Fleet Mgmt -
Vendor: 0000019406 Ph.:963-1448 100 N.Gafield Avenue
P.O.BOX 7115
PASADENA CA 91109
Ph.:
Tax Exempt? N Tax Exempt ID: Replenishment Option: Standard
.S,h ItelDescription Mfg t0 Quantity UOM PO Price Extended Amt Due Date
1- 1 CARRY FORWARD-PO#3773 - L.no EA 62,479.59 62,479.59 08/08/2008
Total for SUT Code:CA(B.25%) 5,154.57
Total PO Amount 67,634.16
Contractor represents that it has a City approved Equal Employment Opportunity and Non-segregation
Affidavit.The attached Terms and Conditions of Purchase Order Contract shall be a part of this
Purchase Order Contract.
Important Notice to Vendors:
For Material and Equipment Vendors,invoicing indicates acceptance of City terms and conditions.Vendors performing
Services must indicate acceptance of City Terms and Conditions and return a copy of this acknowledgment to the
Purchasing Division prior to performance.Fallure to do so will void this Purchase Order Contract.
Services Vendor Signature Print or Ty-PeFfame Date
All shipments, shipping papers, invoices, and correspondence moat be identified with our Purchase Order Number
Failure to doso Tay delayyaynent ➢rocessinq.
Attschmamts/Appendices are part of this Order. -
Authorized ignatur
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C'QbFORd�P, .
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER
VIA: F.M. DELACH, CITY MANAGER ✓)
DATE: JANUARY 5, 2009
SUBJECT: CIP PROJECT: BLOCK 36 STORM DRAIN -NOTICE OF COMPLETION
RECOMMENDATION
It is recommended that City Council:
1. Find that JF Bruce Construction of Alta Loma, CA, has completed the construction of the
Block 36 Storm Drain Project,No. 6650913;
2. Approve the Notice of Completion and authorize the Mayor to execute the document on
behalf of the City;
3. Authorize the City Clerk to submit said Notice of Completion for recordation to the Office of
the County Recorder of Los Angeles County, within ten days of the City Council approval,
as required by Section 3093 of the California Civil Code.
BACKGROUND
On October 20, 2008, City Council awarded a construction contract in the amount of$115,500 to
JF Bruce Construction for the Block 36 Storm Drain Project, construction of a 24 inch storm
drain on Azusa Avenue between 6`h Street and Foothill Blvd. Work on this project began on
November 12, 2008, and all work was completed on schedule on December 12, 2008.
FISCAL IMPACT
The original Capital Improvement Program Budget amount from the Sewer Fund for the Block
36 Storm Drain Project was $250,000. The final construction cost for the project is $127,010.83.
Therefore, sufficient funding for the additional $11,510.83 is available through the Sewer Fund.
The construction required three change orders. Change order #1 was to purchase five additional
construction signs to inform the public that sidewalks and businesses were open during
construction. Change order #2 was to remove over 300 feet of an abandoned 4 inch water main,
not included in the original plans, that conflicted with the storm drain alignment. Change order
#3 was to adjust a 6 inch fire hydrant water line that conflicted with the storm drain alignment.
The change orders were within the Department's 10% approval limit and were administratively
approved.
�a
CONTRACT DOCUMENT AMOUNT
Construction Contract Award $115,500.00
Change Order 41 $674.44
Change Order#2 $9,210.00
Change Order#3 $1,626.39
TOTAL CONSTRUCTION COST $127,010.83
Attachment:
Notice of Completion
r^
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
NAME AZUSA CITY CLERK
STREET ADDRESS 213 E.FOOTHILL BLVD
CITY,STATE,ZIP AZUSA,CA 91702 SPACE ABOVE THIS LME FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion.Notice is hereby given that:
1, The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Azusa
3. The full address of the owner is 213 E.Foothill Boulevard,Azusa.CA 91702
4. The nature of the interest or estate of the owner is: In fee.
(n'OTHERTHAN FEE-STRIKE TN FEE"AND INSERT,FOR EXAMPLE,"PURCHASER UNDER CONTRACT OF PURCHASE",OR"LESSEE")
5. The full names and full addresses of all persons,if any,who hold title with the undersigned asjoint tenants or as tenants in common are:
NAMES ADDRESSES
None
6. The full names and full addresses of the predecessors in interest of the undersigned,if the property was transferred subsequent to the
commencement of the work or improvements herein referred to:
NAMES ADDRESSES
None
7. A work of improvement on the property hereinafter described was completed on December 12.2008 . The work done was:
Block 36 Storm Drain Project No 66509B
8. The name of the contractor, if any,for such work of improvement was:
JF Bruce Construction, 10193 Saddlehill Terrace,Alta Loma,CA 91737 November 10 2008
(IF NO CONTRACTOR FOR WORK OF IMPROVE1,7ENT AS A WHOLE,INSERT"NONE') (DATE OF CONTRACT)
9. The property on which said work of improvement was completed is in the City of Azusa,County of Los Angeles, California and as
described as follows:
Azusa Avenue between 6th Street and Foothill Blvd
10. The street address of said property is None
(IF NO STREET ADDRESS HAS BEEN OFFICIALLY ASSIGNED.INSERT"NONE")
Dated: Joseph R. Rocha Mayor
(SIGNATURE OF OWNER OR CORPORATE OFFICER OF OWNER NAMED IN PARAGRAPH 2 OR HIS AGENT)
I,the undersigned,say:I am the person who signed the foregoing notice of completion. I have read said notice of completion and know its
contents,and the facts stated therein are true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on at Azusa.County of Los Angeles,California
(DATE)
(SIGNATURE)
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL
FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES
VIA: F.M. DELACH, CITY MANAGER�T�,�
DATE: JANUARY 5, 2009
SUBJECT: ESTABLISHMENT OF NEW CLASS SPECIFICATION AND
RECLASSIFICATION — ACCOUNTS PAYABLE SPECIALIST AND
SALARY SCHEDULE
RECOMMENDATION
The Personnel Board recommends that the City Council approve, pursuant to City of Azusa Civil
Service Rules Section 3.3 and 3.9, the new classification of Accounts Payable Specialist,
approve reclassification of incumbent, the corresponding salary schedule and request that the pay
be retroactive to July 1, 2008.
BACKGROUND
Since May 2007, the Controller has had the opportunity to observe the work of Ruby Toledo,
Accounts Specialist III. Her ability to make independent decisions dealing with over 11,000
accounts payable transactions annually, extensive working knowledge of the City's accounts
payable practices, AP training for the departmental intern, and cross-training for accounting
journal entry assistance, resulted in a recommendation to the Administrative Services
Director/CFO to upgrade the position.
During the fiscal year 2008-09 budget development, the Accounts Payable Specialist upgrade
and corresponding salary increase was included in the budget. A job specification has been
developed and is attached for reference. This classification is unique to the City and will report
directly to the Controller.
The benefits for this series will be tied to the benefits provided to Azusa City Employees
Association (ACEA) employees.
FISCAL IMPACT
The proposed monthly salary range for this position is $4,256.50 to $5,128.38. This is the same
range as that of the Junior Accountant/Payroll Specialist previously approved.
Page 1 of 4
.'R
a"
EXHIBIT A
Date Adopted: 0-00-0000
CITY OF AZUSA
ACCOUNTS PAYABLE SPECIALIST
DEFINITION
Under general supervision, performs para-professional accounting work in the preparation and
maintenance of the accounts payable system, including data entry, record keeping, filing,
comprehensive record review, while being able to make independent decisions based on standard
procedures; assist with preparation of financial and statistical records and reports; performs
related duties as required.
CLASS CHARACTERISTICS
The Accounts Payable Specialist has a higher level of responsibility than the Accounts Specialist
III classification and has the responsibility for the maintenance of the City's accounts payable
system. In addition, the position in this class involve extensive working knowledge of Accounts
Payable practices and procedures as related to local government and a high degree of familiarity
with the City's accounting or record keeping system.
ESSENTIAL FUNCTIONS
Essential functions include but are not limited to the following:
Processes and reviews all payables submitted by all departments for payment, matching invoice
to purchase order and receiver-payment copy using specialized automated software, such as Bi-
Tech financials; ensures that invoice agrees with purchase order; checks for freight and
discounts; verifies appropriate tax calculations; batches purchase orders; reviews edit documents
to ensure entries are correct, including review and finalization of AP batches entered by
department intern or Account Specialist; orders demand list and forwards to Controller or
designee for approval; submits report to City Council for approval.
Receives invoices and reviews for mathematical accuracy; verifies that purchase orders are
encumbered properly; files encumbered purchase orders; consults with Purchasing Officer in the
event of any irregularities, including lack of existing purchase order or agreement; may consult
with accounting staff on account,coding. Verifies contract payments for balances and expiration .
dates.
Processes a variety of other payments including contract employees, utility billings and progress
payments for projects performed for the City; ensures,that procedures are followed, accounts are
correctly assigned, and for mathematical accuracy; updates corresponding spreadsheets to
Page 2 of 4
calculate and identify account numbers to charge; submits new vendors to Controller or
Purchasing staff for establishment in financial system.
Prepares checks to be mailed using an automated envelope machine.
Provides customer service, in person or by telephone, to both internal (department) and external
(vendor) customer inquiries working with any other Finance Department staff to follow-up on
inquiries.
Issues 1099 reports to applicable vendors on an annual basis.
Monitors petty cash funds, receives reports from custodians, issues reimbursement checks once
expenses have been properly verified.
Works to process monthly journal entries such as updating worksheets, conducting research on
mis-posted items; creates journal entries using template under supervision of accounting staff.
Trains accounting clerical staff in the processing of accounts payable; checks work performed by
other
staff.
Provides temporary and vacation relief as requested.
QUALIFICATIONS GUIDELINES
Education and/or Experience
Any combination of education and/or experience that has provided the knowledge, skills, and
abilities necessary for satisfactory job performance. Example combinations include equivalent to
graduation from high school or GED and completion of college level course work in accounting,
bookkeeping, or finance, and seven years experience in accounting or a related field involving
maintenance of financial and statistical records.
Computer Skills
Familiarity with Microsoft Office product such as Excel spreadsheets and Word-word
processing software; experience with Bi-Tech financial system a bonus, especially working in
multiple modules such as accounts payable, purchasing, general ledger, and for report writing.
Experience with web research and e-mail system, including creating work group e-mail lists.
Knowledee, Skill and Abilities:
Considerable knowledge of City policies and procedures involved in the preparation and
processing of fiscal records; procedures, methods, and office equipment used in financial
Page 3 of 4
transactions and record keeping. Skill in the operation of a variety of office equipment,
including computer, calculator or ten key adding machine, mail sorting machine, and
occasionally typewriter is desirable. Ability to communicate clearly and concisely, both orally
and in writing; keep accurate records; analyze fiscal data and draw logical conclusions;
understand, interpret, and apply the fundamental principles of accounting, related policies and
procedures; reconcile differences within the record keeping system requiring an understanding of
the relationship among accounting records and documents; prepare manual and computerized
financial reports, and maintain ledgers and journals; communicate effectively with a variety of
personnel and establish/maintain effective working relationships; understand and follow verbal
and written directions; work independently; perform mathematical computer use a variety of
computer software; and train personnel and review work.
U:\Agenda Reports\Non Public Works\01-05-09-Agenda Report-HR Accounts Payable Sp2tlallst.dcc
•
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES MAKSHANOFF, ASSISTANT CITY MANAGER
VIA: F.M. DELACH, CITY MANAGER ,/
DATE: JANUARY 5, 2009
SUBJECT: AUTHORIZATION TO SOLICIT RFP &AWARD CONTRACT IN CORRELATION
WITH GRANT WRITING AND ADMINISTRATIVE SERVICES
RECOMMENDATION
It is recommended that the City Council approve and authorize staff to solicit a Request for Proposal
(RFP) for grant writing and administrative services; and authorize staff to award a contract to the most
qualified respondent.
BACKGROUND
The 2008/09 Capital Improvement Plan includes plans for an Intermodal Parking Structure. The cost of
an intermodal with the capacity to accommodate 400 parking spaces exceeds $10 million. The proposed
Intermodal Parking Center project is a mass transit and mobility improvement initiative that serves to
provide the City of Azusa with a new intermodal hub and an integrated parking garage affording
residents & transit users ample parking in the downtown business district. The planned center will
provide garage parking for surrounding businesses and support limited transit-related services and
amenities that cater to transit-users and businesses in the downtown area.
On June 9, 2008 the U.S. Congress approved an amendment to the SAFTETEA-LU (Safe, Accountable,
Flexible, Efficient, Transportation Equity Act) that reprogrammed $2 million of federal funds to be used
for an intermodal project. The funds were originally programmed for the conversion of Azusa Avenue
& San Gabriel Avenue to two-way traffic. After further traffic studies and workshops with developers, it
is no longer in the best interest to convert Azusa Avenue & San Gabriel Avenue to two-way traffic.
Considering the increased development in downtown and forthcoming Gold Line station, staff has
identified an Intermodal Parking Center as a critical need to the City of Azusa.
There is a significant funding gap for the project. Fortunately there is a federal $45 billion infrastructure
stimulus bill in the pipeline. It is likely the federal government will be distributing the funds to the States
and transit agencies and that the funds will need to be spent in a short period of time. In collaboration
with our legislative liaison and our grant writer we would like to secure funds from this avenue as well
as others (Metro-Call for Projects, etc.)
Staff is seeking a qualified firm to.provide the following:
➢ Examine the feasibility of an intemfbdal project
➢ Analyze potential funding sources
➢ Select funding sources based on project and potential for success
➢ Secure funding and help city program funds .
➢ Assist in the procurement of funding for other transportation projects
Staff will solicit proposals from firms that have demonstrated success in securing public grants. The
RFP will request firms to provide their proposal in a four part response; the first request will be for
qualified firms to submit a flat fee for grant research for a period of one year, the second request will be
for proposals to include the fee structure for the actual grant writing services for a period of one year,.
and the third request will be for the proposal to include a fee structure for grant management, the fourth
request will be a fee schedule for administrative services. The City can then evaluate the various fee and
compensation structures along with the firm's expertise and success rate to determine the most qualified
and cost effective consultant.
Most grant writers charge their time based on an hourly rate. It is uncommon, although not unheard of,
for a grant writer to base their fee on a percentage of the grant award. Some consultants will work on a
time and material basis while others work on a retainer basis or some combination of the two. Some
consultants will provide performance thresholds where the fee is based on time and materials prior to
reaching the determined threshold and then on a retainer basis after the particular threshold is achieved.
It is difficult to predict the cost of consulting services until the City receives proposals that outline fee
and compensation structures.
FISCAL IMPACT
The fiscal impact is undetermined at this time for the reasons described above. Funding source will be
Prop C.
Attachments: Request for Proposal
REQUEST FOR PROPOSAL
GRANT WRITING AND ADMINISTRATIVE SERVICES
CITY OF AZUSA
A. INTRODUCTION
Azusa, California is 9.1 square mile older suburban community undergoing exciting renewal.
Azusa is a city of nearly 50,000 residents and home to Azusa Pacific University and nearby
Citrus College, Azusa has both historic and new neighborhoods, with over 1200 new homes
under construction or soon to break ground.
The City of Azusa is requesting grant writing and administrative proposals from experienced
grant writing professionals to work with staff and other consultants to secure funding for
transportation projects such as our proposed intermodal parking facility and I-210 on/off ramp
landscape improvements.
The proposed intermodal parking center project is a mass transit and mobility improvement
initiative that serves to provide the City of Azusa with a new intermodal hub and an integrated
parking garage affording residents & transit users ample parking in the downtown business
district. The planned center will provide garage parking for surrounding businesses and support
limited transit-related services and amenities that cater to transit-users and businesses in the
downtown area.
The City has completed preliminary conceptual design of I-210 on/off ramp landscape
improvements. The landscape and irrigation systems currently in place have exceeded their
lifecycle. The City has attained commitments from Caltrans, indicating they will be supportive of
our proposed improvements and assist in the acquisition of funding sources for the construction
and on-going maintenance of the project.
B. GENERAL TERMS AND CONDITIONS
Accompanying this RFP is Appendix A, which contains a copy of the standard City contract the
selected consultant will be required to sign for this project. Each prospective consultant is
expected to review the .general terms and conditions and acknowledge their acceptance of
Appendix A in the Proposal Cover letter, or list their objections and requested revisions in the
contract requirements for City's consideration.
C. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
PARTICIPATION REQUIREMENT
The City of Azusa is committed to fulfilling the spirit and intent of the Disadvantaged
Business Enterprise (DBE) Program regulations published under Title 49 CFR Part 26;
Participation by Disadvantaged Business Enterprises in Department of Transportation
Page 2
Programs. It is the policy of the City of Azusa to ensure that disadvantaged business
enterprises have equitable access to participate in all federally funded projects. Further, it is
the policy of the City of Azusa to promote equal opportunity and nondiscrimination on the
basis of race, color, sex, or national origin in the award and/or performance of any federally
funded, or in the administration of its DBE program or the requirements of 49 CFR Part 26.
While the City is not requiring a specific DBE participation on this contract, DBE
participation may be required in future CIP contracts, which are federally funded.
D. REQUIRED FORMAT FOR PROPOSAL SUBMITTAL
Please submit three (3) copies of your proposal in the format specified below:
Table of Contents:
• Contents of proposal.
Section 1: Cover Letter/Executive Summary
• Overview of the firm: how long has the firm been in business, size of the firth, the
average number of clients within the firm's portfolio, the type(s) of clients within the
firm's portfolio and any commonalities that exist among clients.
Section 2: Approach and Scope of Work
• In relation to transportation projects, such as the proposed intermodal parking facility and
the I-210 interchange improvements, provide your approach and detailed scope of work
that your firm can provide in the following areas:
o Feasibility studies.
o Identification and analysis of funding sources.
o Development of a funding plan.
o Development of funding and legislative strategies.
o Mix, match and leverage funding options.
o Creation of project schedule and timeline.
o Development of grant applications.
o Transportation programming processes/requirements.
o Grant/funding management& reporting.
Section 3: Project Team, Key Personnel and Resumes
• Provide an organization chart showing the names and responsibilities of key personnel.
Page 3
Describe the qualifications of the lead person(s) that will serve as the primary contact for
Azusa. Qualifications should illustrate general expertise in grant procurement as well as
specific experience in working with clients and issues similar to those of Azusa.
Section 4: References
• Provide 3 public agency references for similar assignments.
Section 5: Insurance
• Provide a copy of firm's current insurance certificate.
Section 6: Fee and Firm's Accounting System
• Provide flat fee for grant research for a one year period. .
e Fee structure for actual grant wiring services for a one year period.
• Fee structure for grant management.
• Fee structure for administrative services (feasibility studies, etc.).
Since the selected consultant will also work on federally funded projects, the City may conduct a
pre-award audit of Consultant accounting system using the methodology described in Caltrans'
Local Assistance Procedures Manual for Federally Funded Projects prior to contract award.
Proof of overhead rate, or an accepted provisional rate would be required in addition to
compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions
of federal, state, and local laws, statues, ordinances, rules, regulations, and procedural
requirements including Federal Acquisition Regulations (FAR).
Section 7: Firm Qualifications
• Provide your firm's general service capabilities, qualifications and experience. In
particular, please report your firm's success rate or return on investment for grant
writing services.
E. CONSULTANT SELECTION METHODOLOGY
The City will select the most qualified consultant for contract negotiation. Negotiations
regarding a fair and reasonable price will occur subsequent to consultant selection. Should the
City be unable to obtain a fair and reasonable price through negotiations with the selected
consultant, the City will enter into negotiations with the next highest qualified bidder and may
award that contract if the parties are able to arrive at a fair and reasonable price. If that is
unattainable, the City shall enter into negotiations with the next highest qualified bidder in
sequence until an agreement is reached.
The submittals will be evaluated based upon several factors. These factors include the format,
organization, and presentation, the qualification and experience of the project staff, and the
experience in the processes and procedures of the involved regulations.
Page 4
F. QUESTIONS REGARDING THIS REQUEST
All inquiries and responses to this proposal must be submitted to: Israel Del Toro, Senior
Management Analyst
G. PROPOSAL SUBMITTAL PROTOCOL
Three (3) copies of the proposals and all related materials must be received by 10:00 a.m. on
Monday,January 26, 2008. The subject line and/or envelope should be clearly marked as
"Response to Grant Writing/Administrative Services RFP" and submitted to:
City of Azusa
ATTN: Israel Del Toro
213 E. Foothill Blvd.
Azusa, CA 91702
Phone: (626) 812-5261
Fax: (626) 334-0410
Email: ideltoro@ci.azusa.ca.us
H. PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFP
PREPARATION
The City shall not be liable for any pre-contractual expenses incurred by any bidder or by any
selected consultant. Each bidder shall protect, defend, indemnify, and hold harmless the City
from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the
entity participating in the preparation of its response to this Request for Proposals. Pre-
contractual expenses are defined as expenses incurred by bidders and the selected consultant,
if any, in:
■ Preparing and submitting information in response to this Request for Proposal.
■ Negotiations with the City on any matter related to this procurement.
■ Costs associated with interviews, meetings, travel or presentations
■ All other expenses incurred by a bidder/consultant prior to the date of award and a
formal notice to proceed.
The City reserves the right to amend, withdraw and cancel this request. The City reserves the
right to reject all responses to this request at any time prior to contract execution. The City
reserves the right to request or obtain additional information about any and all proposals.
Page 5
V + ,
U.
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES MAKSHANOFF, ASSISTANT CITY MANAGER
VIA: F.M. DELACH, CITY MANAGED
DATE: JANUARY 5, 2009
SUBJECT: CONSIDERATION OF ALTERNATIVES REGARDING BROKER SERVICES
FOR LIFE, SHORT AND LONG TERM DISABILITY, DELTA DENTAL
INSURANCE AND FLEXIBLE SPENDING ACCOUNT SERVICES
RECOMMENDATION:
Staff recommends that the City Council authorize staff to administer a formal Request for
Qualification for insurance broker services to explore cost-saving alternatives.
BACKGROUND:
The City currently contracts with ABD Insurance, an affiliate of Wells Fargo Bank, to provide
the City with annual quotes for various types of insurance and services for all city officials and
employees. The City has contracted with ABD for more than seven years. Due to the extreme
economic decline cities are beginning to receive inquiries from numerous service providers who
are offering highly competitive quotes for various types of services. The City recently received
an inquiry from the RD Benefits Group. RD Benefits has offered to provide the same broker
services as ABD for approximately $33,000 less than ABD charges for such services. Because
the RD Benefits offer was unsolicited; because City staff that works with ABD Insurance is
pleased with ABD's service; and because the costs for insurance broker services requires City
Council approval staff has presented the issue to the City Council for consideration.
ANALYSIS:
For many years the City contracted with an independent insurance brokerage company. In 2000,
the City explored alternative insurance broker services. In 2001, the City selected ABD
Insurance and Financial Services (ABD) due to its experience with municipalities, its pooling of
costs with other San Gabriel Valley cities, including Monrovia and Monterey Park among others,
and its reputation for quality customer services. Each year since 2001, the City has continued to
contract with ABD. Staff members who work with ABD report they are pleased with the level of
service and with the continuous municipal insurance updates that ABD provides.
RD Benefits Group (RD) also provides insurance broker services and is known to be very
competitive. RD's representative, Mr. Robert Duncan, recently contacted the City and requested
-1-
public documents to determine whether RD might be able to save the City money. RD provided
a quote that was approximately $33,000 less than ABD's.
ABD Insurance and Financial Services:
ABD Insurance and Financial Services is a full service insurance, risk management and benefits
consulting firm. ABD was purchased by Wells Fargo Bank and as of January 1, 2009 ABD will
simply be known as Wells Fargo. It will continue to provide the same services as it provided
under the ABD banner. ABD provides the City service from its Carlsbad location. ABD offers
numerous updates and technology alternatives that are appreciated by City staff. The additional
services and use of technology may explain the slightly higher costs of service. You may wish to
learn more about ABD at its website at www.Abdi.com.
RD Benefits Group:
RD Benefits Group is a benefit planning, management and brokerage service provider. It has
been providing services to individuals, companies and cities since 1977. It is located in West
Covina. While RD does not pool services with other cities it provides service to other
municipalities. RD does not appear to offer the same updates or technological resources as ABD
and this may explain why RD can provide further cost savings to its clients. You may wish to
review RD's website at www.RDBenefits.com for additional information.
Alternative Brokers:
There are hundreds of brokers that are qualified to provide services to the City. The level of
service, customer service, technological tools, specialized niches and various other factors are
what explain the differences in costs. Broker services are like other professional services which
are not always equal and should not be selected on cost alone. Because it has been more than
seven years since the City last explored alternative brokers and the economic situation has
changed significantly now may be the time to seek qualifications from five to ten different
brokers in order to determine whether the City is receiving the best quality service for the least
amount of money.
OPTIONS:
At this time, the City Council has three options, 1) remaining with its current insurance broker;
or 2) contracting with a company that has provided an unsolicited bid at a cost savings to the
City; or 3) authorizing staff to administer a formal Request for Qualifications for insurance
broker services to explore cost-saving alternatives.
FISCAL IMPACT:
Based on available information, the City can save approximately $33,000 by choosing to go with
the unsolicited offer from RD. Greater savings may be achieved by seeking RFQ's from
additional firms.
—2—
N FIN
AGENCY SCHEDULED ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD
FROM: KURT E. CHRISTIANSEN, ECONOMIC & COMMUNITY DEVELOPMENT
DIRECTOR �p
VIA: F. M. DELACH, EXECUTIVE DIRECTOR'Z�
DATE: JANUARY 5, 2009
SUBJECT: CONSIDERATION OF A PURCHASE AND SALE AGREEMENT FOR THE
ACQUISITION OF THE REAL PROPERTY LOCATED AT 624 NORTH SAN
GABRIEL AVENUE (JK PARTNERSHIP PROPERTY)
RECOMMENDATION
It is recommended that the Redevelopment Agency Board of the City of Azusa("Agency Board")approve
the Purchase and Sale Agreement ("PSA") for the acquisition of real property located at 624 North San
Gabriel Avenue, commonly known as Los Angeles County Assessor's Parcel Number 8611-004-011
("Subject Property").
BACKGROUND
In order to eliminate all remaining blight in the Central Business District area, in 2003, the Agency
adopted the Amended and Restated Redevelopment Plan for the Merged Central Business District and
West End Redevelopment Projects. One vehicle for the elimination of blight is the assemblage of
improved, odd-shaped parcels into a single, larger"squared-off' parcel. Such assemblage can have the
economic benefit of(a) eliminating any functional inefficiency or obsolescence caused by the "odd-
shaped" nature of a parcel, and (b) creating a larger parcel that can accommodate certain projects (i.e.
community shopping centers or mixed use developments) that smaller parcels would be unable to
accommodate due to their size. To that end,the Agency Staff is proposing that the Agency purchase the
Subject Property for land banking purposes, and for future redevelopment activities.
The Subject Property is situated within the Central Business District Redevelopment Area,and consists of
a 13,996 square foot site, that is improved with an 8,000 square foot single story retail strip center. The
property is owned by JK Partnership ("Sellers"). Assemblage of this parcel, with additional adjoining
parcels to be acquired in the near future, could produce a single parcel available for future downtown
development.
The Honorable Chairman and Membersof the Agency Board
Subject:Acquisition of 624 North San Gabriel Avenue
January 5,2009
Page 2 of 2 +?
At the direction of the Agency Board,Joseph J. Blake &Associates,Inc. appraised the property on June
28,2008,and determined its fair market value to be$1,800,000. Agency staff and the property owners,of
the Subject Property;have negotiated,subject to Agency Board approval,a purchase price of$2,000,000
(Exhibit A — Purchase and Sale Agreement). The purchase price includes, without limitation, full
payment of just compensation and any relocation benefits,leasehold interest,goodwill,furniture,fixtures,
and equipment (FFE), attorneys' fees, costs, interest, and damages in complete settlement of all claims
(known and unknown),causes of action and demands of Seller against the Buyer because of the Buyer's
purchase of the Subject Property, and for any and all claims in complete settlement of all claims(known
and unknown) arising from or relating to the purchase and sale of the property.
The proposed Purchase and Sale Agreement for the Subject Property is contingent on a finding of
Conformity to the General Plan by the City of Azusa's Planning Commission.
FISCAL IMPACT
The cost for this acquisition is$2,000,000 excluding escrow costs(title report, etc). The acquisition will
be paid for from proceeds of an$11 million dollar loan,which was approved in the 2007-2008 fiscal year.
The loan was budgeted for the 2008-2009 Fiscal Year for Downtown North acquisition efforts.
Attachments:
Exhibit "A": 2008 Real Property Purchase and Sale Agreement and Joint Escrow Instructions
(JK Partnership Property) By and Between JK Partnership, A California General
Partnership and, the Redevelopment Agency of the City Of Azusa
Exhibit `B": A Resolution Of The Redevelopment Agency Of The City Of Azusa Approving A
Purchase And Sale Agreement With JK Partnership For The Purchase Of 624 North
San Gabriel Avenue - APN: 8611-004-011 In Its Entirety Within The Merged
Central Business District And West End Redevelopment Project Area
2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(JK Partnership Property),
By and between
Seller,
JK Partnership, a California general partnership
and
Buyer,
The Redevelopment Agency of the City of Azusa,
a public body, corporate and politic
Dated as of( 1, for reference purposes only
ORANGETMEIER\51992.8
2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
THIS 2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS (this "Agreement") is dated as of [INSERT DATE OF
AGREEMENT], for reference purposes only, and is entered into by and between the
Redevelopment Agency of the City of Azusa, a public body, corporate and politic, exercising
governmental functions_ and powers, and organized and existing pursuant to the Community
Redevelopment Law of the State of California, Health and Safety Code Sections 33000, et seq.
(the "Agency"), and JK Partnership, a California general partnership ("Seller"). The Agency and
Seller enter into this Agreement with reference to the following recited facts (each a"Recital"):
RECITALS
A. Sellers are the owner in fee of certain real property located in the City of Azusa,
County of Los Angeles, State of California commonly known as 624 N. San Gabriel Avenue,
Azusa, CA 91702 (Assessor Parcel Number 8611-004-011), more fully described in Exhibit "A"
attached hereto and incorporated herein by reference ("Property"). The term "Property" as used
herein shall include all of Sellers' rights, title and interest in and to any and all improvements,
fixtures, rights-of-way, utility rights, entitlements, claims or other benefits in any way connected
with or appurtenant to the Property.
B. The Property is located within the Merged Central Business District and West
End Redevelopment Project Area and governed by the Merged Central Business District and
West End Redevelopment Plan for the Merged Central Business District and West End Project
Area ("Redevelopment Plan"). This action for land assembly is in accordance with California
Redevelopment Law and is consistent with the redevelopment objectives contained in the
Redevelopment Plan. -
C. Agency desires to purchase the Property from Sellers and Sellers desire to sell the
Property to Agency.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION AND THE
PROMISES AND COVENANTS OF THE AGENCY AND SELLER SET FORTH IN THIS
AGREEMENT, THE AGENCY AND SELLER AGREE, AS FOLLOWS:
ARTICLE 1
DEFINITIONS
1.1 Defined Terms. The following words, terms and phrases are used in this
Agreement with the following meanings, unless the particular context of usage of a word, term
or phrase requires another interpretation:
1.1.1 "A enc " means the Redevelopment Agency of the City of Azusa, a
public body, corporate and politic.
ORANGE\LMEIER151992.8 1
1.1.2 "Agency Parties" means, collectively, the Agency, its governing body,
elected officials, employees, agents and attorneys.
1.1.3 "Agency Party" means, individually, the Agency, its governing body,
elected officials, employees, agents or attorneys.
1.1.4 `Benefits" shall have the meaning ascribed to the term in Section
2.9.1.
1.1.5 "CEOA" means the California Environmental Quality Act, Public
Resources Code Sections 21000, et seq.
1.1.6 "CEOA Document" means any applicable exemption determination,
any Negative Declaration (mitigated or otherwise) or any Environmental Impact Report
(including any addendum or amendment to, or subsequent or supplemental Environmental
Impact Report) required or permitted by the Agency, pursuant to CEQA, to approve this
Agreement.
1.1.7 "City" means the City of Azusa, California.
1.1.8 "Claim" means any claim, loss, cost, damage, expense, liability, lien,
action, cause of action (whether in tort, contract, under statute, at law, in equity or otherwise),
charge, award, assessment, fine or penalty of any kind (including consultant and expert fees and
expenses, Legal Costs of counsel retained by the Agency Parties, costs of staff time and
investigation costs of whatever kind or nature), and any judgment, including any such matter
relating to or arising from: (i) injury to any Person (including death at any time resulting from
that injury); (ii) loss of, injury or damage to, or destruction of property (including all loss of use
resulting from that loss, injury, damage, or destruction) regardless of where located, including
the property of the Agency Parties; (iii) any matter described in Section 6.14 (Real Estate
Commissions); (iv) any Environmental Claim; or (v) enforcement of any indemnity obligation
under this Agreement.
1.1.9 "Close of Escrow" means completion of each of the actions set forth in
Section 3.7 by the Escrow Agent for the conveyance of the Property from Seller to the Agency
through the Escrow.
1.1.10 "Cour "means the County of Los Angeles, California.
1.1.11 "Default"means any Monetary Default or Non-Monetary Default.
1.1.12 "Default Interest" means interest at an annual rate equal to the lesser .
of: (i)ten percent(10%) per annum; or(ii) the Usury Limit.
1.1.13 "Due Diligence Completion Notice" means a written Notice of the
Agency delivered to both Seller and the Escrow Agent, prior to the end of the Due Diligence
Period, stating the Agency's acceptance of the condition of the Property or indicating the
Agency's rejection or conditional acceptance of the condition of the Property and refusal to
accept a conveyance of the Property, describing in reasonable detail the actions that the Agency
ORANGE\LMEIER\51992.8 2
reasonably believes are necessary (if any) to allow the Agency to accept the condition of the
Property and conveyance of the Property.
1.1.14 "Due Diligence Investigations" means the Agency's due diligence
investigations of the Property to determine the suitability of the Property, including, without
limitation, investigations of the environmental and geotechnical conditions of the Property, as
deemed appropriate in the reasonable discretion of the Agency, all at the sole cost and expense of
the Agency, except as otherwise specifically provided in this Agreement.
1.1.15 "Due Diligence Period" means the forty five (45) calendar day period
commencing on the day immediately following the Effective Date and ending at 5:00 p.m Pacific
Time on the forty fifth(45th) consecutive calendar day thereafter.
1.1.16 "Effective Date" means the first date on which all of the following
have occurred: (i) the Agency has received three (3) counterpart originals of this Agreement
executed by the authorized representative(s) of Seller; (ii) the Agency has received a certified
copy of the Seller Official Action executed by the authorized representative(s) of Seller; (iii) this
Agreement is approved by the Agency governing body; (iv) this Agreement'is executed by the
authorized representative(s) of the Agency and (v) one (1) original of this Agreement executed
by the authorized representative(s) of the Agency has been delivered by the Agency to Seller.
1.1.17 "Environmental Claims" means any and all claims, demands, damages,
losses, liabilities, obligations, penalties, fines, actions, causes of action,. judgments, suits,
proceedings, costs, disbursements and expenses, including Legal Costs and fees and costs of
environmental consultants and other experts, and all foreseeable and unforeseeable damages or
costs of any kind or of any nature whatsoever, directly or indirectly, relating to or arising from
any actual or alleged violation of any Environmental Law or any Hazardous Substance Discharge
occurring during or arising from Seller's ownership, use or occupancy of the Property or any
other actions of or attributable to Seller regarding the Property.
1.1.18 "Environmental Law" means any Law regarding any of the following
at, in, under, above, or upon the Property: (i) air, environmental, ground water, or soil
conditions; or(ii) clean-up, remediation, control, disposal, generation, storage, release, discharge,
transportation, use of, or liability or standards of conduct concerning, Hazardous Substances.
1.1.19 "Escrow"means an escrow, as defined in Civil Code Section 1057 and
Financial Code Section 17003(a), that is conducted by the Escrow Agent with respect to the
conveyance of the Property from Seller to the Agency, pursuant to this Agreement.
1.1.20 "Escrow Agent" means Southland Title Escrow, in Burbank,
California, or such other Person mutually agreed upon in writing by both the Agency and Seller
in writing.
1.1.21 "Escrow Agent Consent" means the Escrow Agent's consent to acting
as Escrow Agent under this Agreement, in substantially the form of Exhibit "C" attached to this
Agreement.
ORANGEILMEIER151992.8 3
1.1.22 "Escrow Closing Date" means the earlier of: (i) on or before the fifth
(5th) business day following the Escrow Agent's receipt of written confirmation from both the
Agency and Seller of the satisfaction or waiver of all conditions precedent to the Close of Escrow
or(ii)the sixtieth day (60`h) day following the conclusion of the Due Diligence Period.
1.1.23 "Escrow Opening Date" means the first date on which a fully executed
copy of this Agreement is deposited with the Escrow Agent.
1.1.24 "Event of Default" means the occurrence of any one or more of the
following:
(a) Monetary Default. A Monetary Default that continues for
seven (7) days after Notice from the non-defaulting Party, specifying in reasonable detail the
amount of money not'paid and the nature and calculation of each such payment; or
(b) Non-Monetary Default. Any Non-Monetary Default that is not
cured within thirty (30) days after Notice to the Parry alleged to be in Default describing the
Non-Monetary Default in reasonable detail, or, in the case of a Non-Monetary Default that
cannot with reasonable diligence be cured within thirty (30) days after such Notice, if the Party
alleged to be in Default does not do all of the following: (i) within thirty (30) days after Notice
of such Non-Monetary Default, advise the other Party of the intention of the Party alleged to be
in Default to take all reasonable steps to cure such Non-Monetary Default; (ii) duly commence
such cure within such period, and then diligently prosecute such cure to completion; and (iii)
complete such cure within a reasonable time under the circumstances.
1.1.25 "Executive Director" means the Executive Director of the Agency or
his or her designee or successor in function.
1.1.26 "Federal" means the government of the United States of America.
1.1.27 "Final" means, relative to any CEQA Document, when all
administrative appeal periods regarding such matter have expired, all administrative appeals or
challenges regarding such matter (if any) have been resolved to the Agency's reasonable
satisfaction, all statutory periods for challenging such matter have expired, all referendum
periods have expired, all referenda regarding such matter (if any) have been resolved to the
Agency's reasonable satisfaction, all litigation or other proceedings (if any) challenging any such
matter have been resolved to the reasonable satisfaction of the Agency and all appeal periods
relating to any such litigation or other proceedings have expired.
1.1.28 "FIRPTA Certificate" means a certification that Seller is not a"foreign
person" within the meaning of such term under Section 1445 of the United States Internal
Revenue Code, as amended from time to time, and sufficient to exempt the Agency from the
obligation to withhold any funds from Seller pursuant to Section 1445 of the United States
Internal Revenue Code, as amended from time to time.
1.1.29 "Form 593" means a California Franchise Tax Board Form 593-C or
successor form.
ORANGE\I.MEIER\51992.8 4
1.1.30 "Government' means each and every governmental agency, authority,
bureau, department, quasi-governmental body, or other entity or instrumentality having or
claiming jurisdiction over the Property (or any activity this Agreement allows), including the
United States government, the State and County governments and their subdivisions and
municipalities, the City and all other applicable governmental agencies, authorities, and
subdivisions thereof. "Government' shall also include any planning commission, board of
standards and appeals, department of buildings, city council, zoning board of appeals, design
review board or committee or similar body having or claiming jurisdiction over the Property or
any activities on or at the Property.
1.1.31 "Grant Deed" means a grant deed in substantially the form of Exhibit
"D" attached to this Agreement.
1.1.32 "Hazardous Substance" means flammable substances, explosives,
radioactive materials, asbestos, asbestos-containing materials, polychlorinated biphenyls,
chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous
wastes, medical wastes, toxic substances or related materials, explosives, petroleum, petroleum
products and any "hazardous" or "toxic" material, substance or waste that is defined by those or
similar terms or is regulated as such under any Law, including any material, substance or waste
that is: (i) defined as a "hazardous substance" under Section 311 of the Water Pollution Control
Act (33 U.S.C. § 1317), as amended; (ii) substances designated as "hazardous substances"
pursuant to 33 U.S.C. § 1321; (iii) defined as a "hazardous waste" under Section 1004 of the
Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq., as amended; (iv)
defined as a "hazardous substance" or "hazardous waste" under Section 101 of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended
by the Superfund Reauthorization Act of 1986, 42 U.S.C. § 9601, et seq., or any so-called
"superfund" or "superlien" law; (v) defined as a"pollutant' or "contaminant' under 42 U.S.C.A.
§ 9601(33); (vi) defined as "hazardous waste" under 40 C.F.R. Part 260; (vii) defined as a
"hazardous chemical" under 29 C.F.R. Part 1910; (viii) any matter within the definition of
"hazardous substance" set forth in 15 U.S.C. § 1262; (ix) any matter, waste or substance
regulated under the Toxic Substances Control Act ("TSCA") [15 U.S.C. Sections 2601, et seq.];
(x) any matter, waste or substance regulated under the Hazardous Materials Transportation Act,
49 U.S.C. Sections 1801, et seq.; (xi) those substances listed in the United States Department of
Transportation (DOT)Table [49 CFR 172.1011; (xii) any matter, waste or substances designated
by the EPA, or any successor authority, as a hazardous substance [40 CFR Part 302]; (xiii) any
matter, waste or substances defined as "hazardous waste" in Section 25117 of the California
Health and Safety Code; (xiv) any substance defined as a "hazardous substance" in Section
25316 of the California Health and Safety Code; (xv) any matter, waste, or substance that is
subject to any other Law regulating, relating to or imposing obligations, liability or standards of
conduct concerning protection of human health, plant life, animal life, natural resources, property
or the enjoyment of life or property free from the presence in the environment of any solid,
liquid, gas, odor or any form of energy from whatever source; or (xvi) other substances,
materials, and wastes that are, or become, regulated or classified as hazardous or toxic under Law
or in the regulations adopted pursuant to said Law, including manure, asbestos, polychlorinated
biphenyl, flammable explosives and radioactive material.
ORANGEILMEIER151992.8 _ -5
1.1.33 "Hazardous Substance Discharge" means any deposit, discharge,
generation, release, or spill of a Hazardous Substance that occurs at on, under, into or from the
Property, or during transportation of any Hazardous Substance to or from the Property, or any
activities conducted at on, under or from the Property or any adjacent or nearby real property, or
resulting from seepage, leakage, or other transmission of Hazardous Substances from other real
property to the Property, whether or not caused by a Party or whether occurring before or after
the Effective Date.
1.1.34 "Indemnify' means, where this Agreement states that any Indemnitor
shall "indemnify" any Indemnitee from, against, or for a particular Claim, that the Indemnitor
shall indemnify the Indemnitee and defend and hold the Indemnitee harmless from and against
such Claim (alleged or otherwise). "Indemnified" shall have the correlative meaning.
1.1.35 "Indemnitee" means any Person entitled to be Indemnified under the
terms of this Agreement.
1.1.36 "Indemnitor" means a Person that agrees to Indemnify any other
Person under the terms of this Agreement.
1.1.37 "Law" means every law, ordinance, requirement, order, proclamation,
directive, rule, and regulation of any Government applicable to the Property, in any way,
including any development, use, maintenance, taxation, operation, or occupancy of, or
environmental conditions affecting the Property, or relating to any taxes, or otherwise relating to
this Agreement or any Party's rights or remedies under this Agreement, or any transfer of any of
the foregoing, whether in force on the Effective Date or passed, enacted, modified, amended or
imposed at some later time, subject in all cases, however, to any applicable waiver, variance, or
exemption.
1.1.38 "Legal Costs" of any Person means all reasonable costs and expenses
such Person incurs in any legal proceeding (or other matter for which such Person is entitled to
be reimbursed for its Legal Costs), including reasonable attorneys' fees, court costs and expenses
and consultant and expert witness fees and expenses.
1.1.39 "Monetary Default" means any failure by either Party to pay or
deposit, when and as this Agreement requires, any.amount of money, any bond or surety or
evidence of any insurance coverage required to be provided under this Agreement, whether to or
with a Party or a third-Person.
1.1.40 "Non-Monetary Default" means the occurrence of any of the
following, except to the extent constituting a Monetary Default: (i) any failure of a Party to
perform any of its obligations under this Agreement; (ii) a Party's failure to comply with any
material restriction or prohibition in this Agreement; or (iii) any other event or circumstance that,
with passage of time or giving of Notice, or both, or neither, would constitute a breach of this
Agreement.
1.1.41 "Notice" means any consent, demand, designation, election, notice, or
request relating to this Agreement, including any Notice of Default. All Notices must be in
writing.
ORANGEILMEIER151992.8 6 - .
y.
1.1.42 "Notice of Default" means any Notice claiming or giving Notice of a '
Default.
1.1.43 "Noti " means give a Notice.
1.1.44 "Parties"means, collectively, the Agency and Seller.
1.1.45 "Eqrly" means, individually, either the Agency or Seller, as applicable.
1.1.46 "PCO Report" means a preliminary change of ownership report
required under California Revenue and Taxation Code Section 480.3.
1.1.47 "Permitted Exceptions" means (i) any and all items shown in Schedule
B of the Preliminary Report, as exceptions to coverage under the proposed Title Policy, that the
Agency does not disapprove, conditionally approve, or that are otherwise accepted or consented
to by the Agency; (ii) any exceptions from coverage under the proposed Title Policy resulting
from the Agency's activities relating to the Property; (iii) any lien for non-delinquent property
taxes or assessments; (iv) any Laws applicable to the Property; (v) the Redevelopment Plan; (vi)
this Agreement; and (vii) any other matter expressly provided for in this Agreement.
1.1.48 "Person" means any association, corporation, governmental entity or
agency, individual, joint venture, joint-stock company, limited liability company, partnership,
trust, unincorporated organization, or other entity of any kind.
1.1.49 "Preliminary Report" means a preliminary report issued by the Title
Company in contemplation of the issuance of the Title Policy, accompanied by copies of all
documents listed in Schedule B of the report, as exceptions to coverage under the proposed Title
Policy.
1.1.50 "Property" means that certain real property commonly known as 624-
630 N. San Gabriel Ave., Azusa, CA 91702, more specifically legally described in Exhibit "A"
attached to this Agreement, including all appurtenant rights and interests. The total site to be
acquired is approximately 14,000 square feet. An 8,000 SF retail building is situated on the site.
1.1.51 "Purchase Price"means the amount of two million dollars and no cents
($2,000,000.00).
1.1.52 "Real Estate Taxes" means all general and special real estate taxes
(including taxes on personal property, sales taxes, use taxes, and the like), possessory interest
taxes, taxes payable pursuant to California Health and Safety Code Section 33673, special taxes
imposed pursuant to the Mello-Roos Community Facilities District Act, assessments, assessment
district charges or taxes, municipal water and sewer rents, rates and charges, excises, levies,
license and permit fees, fines, penalties and other Governmental charges and any interest or costs
with respect thereto, general and special, ordinary and extraordinary, foreseen and unforeseen, of
any kind and nature whatsoever that at any time before the Close of Escrow and applicable to
any time period prior to the Close of Escrow may be assessed, levied, imposed upon, or become
due and payable out of or in respect of, or charged with respect to or become a lien on, the
Property, or any vault, passageway or space in, over or under any street, or any other
ORANGEILMEIER151992.8 7
appurtenances of the Property, or any personal property or facility used in the operation of the
Property, or the rent or income received from the Property, or any use or occupancy of the
Property.
1.1.53 "Record," "recorded," "recording" or "recordation" each mean
recordation of the referenced document in the official records of the County.
1.1.54 "Redevelopment Plan" means the Merged Central Business District
and West End Redevelopment Plan for the City of Azusa, California, as amended from time to
time.
1.1.55 "Seller" means JK Partnership, a California general partnership, or its
assignee.
1.1.56 "Seller Official Action" means the official action of Seller authorizing
Seller's entry into and performance of this Agreement, in substantially the form of Exhibit "B"
attached to this Agreement, executed by the authorized representative(s) of Seller.
1.1.57 "Seller Parties" means, collectively, the directors, officers, employees
and agents of Seller.
1.1.58 "Seller Party" means, individually, the directors, officers, employees
or agents of Seller.
1.1.59 "State" means the State of California.
1.1.60 "Tenant" or"Tenants", collectively or individually, means Hamza, Inc.
dba Diapers 4 Less ("Mommy's") currently leasing 624 N. San Gabriel Avenue; Public Health
Foundation Enterprises, Inc. ("PHFE") currently leasing 626 N. San Gabriel Avenue; and
Gonzalo Avelar dba My House Furniture ("My House") currently leasing 628 N. San Gabriel
Avenue.
1.1.61 Tenant Leases means true, correct and complete copies of the
existing lease and rental agreement, including any amendments and modifications thereto, and
other agreements affecting the Property as of the Effective Date of this Agreement.
1.1.62 "Title Company" means Southland Title Company, in Burbank,
California, or such other title insurance company mutually agreed upon between both the Agency
and Seller in writing.
1.1.63 "Title Notice" means a written Notice from the Agency to both Seller
and the Escrow Agent indicating the Agency's acceptance of the state of the title to the Property,
as described in the Preliminary Report and the Survey, or the Agency's disapproval or
conditional approval of specific matters shown in: (i) Schedule B of the Preliminary Report, as
exceptions to coverage under the proposed Title Policy, or (ii) in the Survey, describing in
suitable detail the actions that the Agency reasonably believes are necessary to obtain the
Agency's approval of the state of the title to the Property.
ORANGE\LMEIER\51992.8 - 8
1.1.64 "Title Notice Response" means the written response of Seller to the
Agency's Title Notice, in which Seller elects to either: (i) cause the removal from the
Preliminary Report or the Survey of any matter disapproved in the Agency's Title Notice, (ii)
Obtain title or other insurance in a form reasonably satisfactory to the Agency insuring against
the effects of any matters disapproved or conditionally approved in the Agency's Title Notice,
(iii) otherwise satisfy the Agency regarding any matter disapproved or conditionally approved in
the Agency's Title Notice, or (iv) not take any action described in either (i), (ii) or (iii).
1.1.65 "Title Notice Waiver"means a written Notice from the Agency to both
Seller and the Escrow Agent waiving the Agency's previous disapproval or conditional approval
in the Agency's Title Notice of specific matters shown in: (i) Schedule B of the Preliminary
Report, as exceptions to coverage under the proposed Title Policy, or (ii) the Survey, that Seller
has not agreed to address to the Agency's reasonable satisfaction in the Title Notice Response.
1.1.66 "Title Policy" means an extended coverage owner's policy of title
insurance issued by the Title Company, with coverage in the amount of the Purchase Price and
insuring title to the Property vested in the Agency, subject to only the Permitted Exceptions.
1.1.67 "Unavoidable Delay" means a delay in either Party performing any
obligation under this Agreement, except payment of money, arising from or on account of any
cause whatsoever beyond the Party's reasonable control, despite such Party's reasonable diligent
efforts, including industry-wide strikes, labor troubles or other union activities (but only to the
extent such actions do not result from an act or omission of the Party), casualty, war, acts of
terrorism, riots, litigation, Government action or refusal to act when or as required by Law or
inability to obtain materials. Unavoidable Delay shall not include delay caused by a Party's
financial condition, illiquidity, or insolvency.
1.1.68 "Usury Limit" means the highest rate of interest, if any, that Law
allows under the circumstances.
ARTICLE 2
CONVEYANCE OF PROPERTY
2.1 Escrow. Seller shall sell and convey fee title to the Property to the Agency and
the Agency shall purchase and acquire fee title to the Property from Seller, pursuant to the terms
and conditions of this Agreement. For the purposes of exchanging funds and documents to effect
such purchase and sale of the Property between them, the Agency and Seller agree to open the
Escrow with the Escrow Agent. The provisions of ARTICLE 3 of this Agreement are the joint
escrow instructions of the Parties to the Escrow Agent for conducting the Escrow. If requested
by the Escrow Agent, Seller and the Agency shall execute the Escrow Agent's reasonable
standard or general escrow instructions. Any provision in the Escrow Agent's standard or
general escrow instructions that purports to exculpate the Escrow Agent from or require Seller or
the Agency to indemnify the Escrow Agent against the Escrow Agent's negligence or willful
misconduct shall be deemed "unreasonable" and shall not be included in any standard or general
escrow instructions requested by the Escrow Agent. In the event of any conflict between the
ORANGEILMEIER151992.8 9
provisions of this Agreement and any standard or general escrow instructions requested by the
Escrow Agent, the provisions of this Agreement shall be controlling.
2.2 Seller's Disclosure Documents. Seller shall complete an A.I.R. Property
Information Sheet and Seller's Mandatory Disclosure Report, as required by California Law.
Said documents shall be delivered to the Agency within the first ten (10) days of Agency's Due
Diligence Period.
2.3 Agency Deposit. Upon the Effective Date of this Agreement, Buyer shall deposit
fifty thousand dollars and no cents ($50,000.00) into Escrow which shall be applicable to the
Purchase Price but refundable to the Agency at any time prior to the expiration of the Due
Diligence Period. After the expiration of the Due Diligence Period, the foregoing deposit shall
be non-refundable to the Agency, except in the event of a Default by Seller. Escrow shall
deposit Buyer's funds into an FDIC insured interest bearing account for the Agency's benefit.
2.4 Payment of Purchase Price. The Agency shall deposit the Purchase Price into
Escrow in immediately available funds on or prior to the Escrow Closing Date.
2.5 Title Approval.
2.5.1 Title Notice. Within fifteen (15) days after the Escrow Opening Date,
Seller shall obtain the Preliminary Report from the Title Company, and deliver a copy of the
Preliminary Report to the Agency.. Within thirty (30) days following the Agency's receipt of the
Preliminary Report, the Agency shall deliver the Title Notice to both Seller and the Escrow
Agent.
2.5.2 Failure to Deliver Title Notice. If the Agency fails to deliver the Title
Notice to Seller and the Escrow Agent, within thirty (30) days following the Agency's receipt of
the Preliminary Report, the Agency will be deemed to disapprove the status of title to the
Property and refuse to accept conveyance of the Property and both the Agency and Seller shall
have the right to cancel the Escrow and terminate this Agreement, in their respective sole and
absolute discretion, until such time (if ever) as the Agency sends the Title Notice.
2.5.3 Title Notice Response. Within thirty (30) days following the earlier
of. (i) Seller's receipt of the Title Notice or (ii) expiration of the time period provided in this
Section 2.5 for delivery of the Title Notice, Seller shall deliver the Title Notice Response to both
the Agency and the Escrow Agent. If the Title Notice does not disapprove or conditionally
approve any matter in the Preliminary Report or the Agency fails to deliver the Title Notice,
Seller shall not be required to deliver the Title Notice Response. If Seller does not deliver the
Title Notice Response, if necessary, within thirty (30) days following its receipt of the Title
Notice, Seller shall be deemed to elect not to take any action in reference to the Title Notice. If
Seller elects in the Title Notice Response to take any action in reference to the Title Notice,
Seller shall complete such action, prior to the Escrow Closing Date or as otherwise specified in
the Title Notice Response.
2.5.4 Title Notice Waiver. If Seller elects or is deemed to have elected not
to address one or more matters set forth in the Title Notice to the Agency's reasonable
satisfaction, then within ten (10) days after the Agency's receipt of the Seller's Title Notice
ORANGE\LMEIER\51992.8 10
0
response or the last date for the Seller to deliver its Title Notice Response, the Agency shall
either: (i) refuse to accept the title to and conveyance of the Property, or (ii) waive its
disapproval or conditional approval of all such matters set forth in the Title Notice by delivering
the Title Notice Waiver to both Seller and the Escrow Agent. Failure by the Agency to timely
deliver the Title Notice Waiver, where the Title Notice Response or Seller's failure to deliver the
Title Notice Response result in Seller's election not to address one or more matters set forth in
the Title Notice to the Agency's reasonable satisfaction, will be deemed the Agency's continued
refusal to accept the title to and conveyance of the Property, in which case both the Agency and
Seller shall have the right to cancel the Escrow and terminate this Agreement, in their respective
sole and absolute discretion, until such time (if ever) as the Agency sends the Title Notice
Waiver.
2.5.5 Disapproval of Encumbrances Securing Seller Obligations.
Notwithstanding any other provision of this Agreement, the Agency disapproves any and all
encumbrances against the Property securing monetary or performance obligations of Seller. All
such encumbrances shall be removed from the Property prior to the Close of Escrow by Seller, at
its sole cost and expense. However, Agency agrees to take the Property subject to the Leases.
2.5.6 No Termination Liability. Any termination of this Agreement and
cancellation of the Escrow pursuant to this Section 2.5 shall be without liability to the other Party
or any other Person, and shall be accomplished by delivery of a written Notice of termination to
both the other Party and the Escrow Agent, in which case the Parties and the Escrow Agent shall
proceed pursuant to Section 3.14.
2.6 Due Diligence Investigations.
2.6.1 License to Enter. Seller licenses the Agency and its contractors to
enter the Property for the purpose of undertaking the Due Diligence Investigations as the Agency
deems necessary and appropriate. The Agency may sub-license to its agents, contractors, or their
sub-contractors to enter the Property for the purpose of conducting Due Diligence Investigations
under the license given in this Section 2.6.1, subject to all of the provisions of this Section 2.6.1
applicable to the Agency. The license given in this Section 2.6.1 shall only be effective until the
earlier of: (i) the end of the Due Diligence Period or (ii) the date of the Agency's delivery of its
Due Diligence Completion Notice. The Agency shall conduct all Due Diligence Investigations
during the Due Diligence Period and at its sole cost and expense. The Agency shall abide by any
reasonable condition(s) of entry onto the Property required by Seller, whether or not set forth in
this Agreement. Any Due Diligence Investigations by the Agency shall not unreasonably disrupt
any then existing use or occupancy of the Property. Agency agrees to notify Seller prior to
entering the Property to conduct Due Diligence Investigations, but in no event will Agency make
contact with any tenants of the Property and/or disclose the pending transaction with such
tenants.
2.6.2 Limitations. The Agency shall not conduct any intrusive or destructive
testing of any portion of the Property, other than low volume soil samples, without Seller's prior
written consent. Following the conduct of any Due Diligence Investigations on the Property, the
Agency shall restore the Property to substantially its condition prior to the conduct of such Due
Diligence Investigations.
ORANGETMEIM51992-8 ]1
2.6.3 Indemnity. The activities of the Agency directly or indirectly related
to the Due Diligence Investigations shall be subject to the Agency's indemnity, obligations under
Section 5.3 of this Agreement.
2.6.4 Due Diligence Completion Notice. The Agency shall deliver a Due
Diligence Completion Notice to both Seller and the Escrow Agent, prior to the end of the Due
Diligence Period. If the Agency does not accept the condition of the Property by delivery of its
Due Diligence Completion Notice stating such acceptance, prior to the end of the Due Diligence
Period, the Agency shall be deemed to have rejected the condition of the Property and refused to
accept conveyance of the Property. If the condition of the Property is rejected or deemed
rejected by the Agency, then either the Agency or Seller shall have the right to cancel the Escrow
and terminate this Agreement, in their respective sole and absolute discretion, until such time (if
ever) as the Agency delivers the Due Diligence Completion Notice stating the Agency's
acceptance of the condition of the Property. Any termination of this Agreement and cancellation
of the Escrow, pursuant to this Section 2.6, shall be without liability to the other Party or any
other Person, and shall be accomplished by delivery of a written Notice of termination to the
other Party and the Escrow Agent, in which case the Parties and the Escrow Agent shall proceed
pursuant to Section 3.14. Notwithstanding any other provision of this Agreement, the Agency
may reject the condition of the Property at any time during the Due Diligence Period for any
reason or no reason, in the Agency's sole and absolute discretion.
2.6.5 As-Is Purchase. The Agency acknowledges that it has or will make
such independent factual, physical and legal examinations, inquiries, inspections, investigations,
tests and studies as it deems necessary or desirable with respect to the Property and the
transactions contemplated by this Agreement, and that it is purchasing the Property on an "AS-
IS, WHERE IS, WITH ALL FAULTS BASIS and is relying upon its own independent factual,
physical and legal examinations, inquiries, inspections, investigations, tests and studies and the
materials and information prepared by the Agency or by third parties at the Agency's request in
electing to purchase the Property
2.7 Eminent Domain. If any portion of the Property or any interest in any portion of
the Property, becomes the subject of any eminent domain proceeding prior to Close of Escrow
other than such a proceeding by the Agency, including, without limitation, the filing of any
notice of intended condemnation or proceedings in the nature of eminent domain, commenced by
any governmental authority, other than the Agency, Seller shall immediately give the Agency
Notice of such occurrence, and the Agency shall have the option, exercisable within ten (10)
business days after receipt of such Notice from Seller, to either: (i) cancel the Escrow and
terminate this Agreement or (ii) continue with this Agreement in accordance with its terms, in
which event Seller shall assign to the Agency any right of Seller to receive any condemnation
award attributable to the Property.
2.8 Seller Covenants Regarding Maintenance of the Property.
2.8.1 Covenants. Seller covenants and agrees with the Agency that between
the Effective Date and the Escrow Closing Date:
ORANGE LMEIM51992.8 12
(a) No Changes to Agreements. Seller shall not modify or amend
any lease or any service contract respecting the Property, or enter into any new lease or contract
respecting the Property, without the Agency's prior written approval. Seller may pursue the
lawfully termination any lease provided the tenant is in material breach thereof,
(b) Normal Maintenance. Seller shall maintain the Property in
accordance with the same standards Seller has customarily observed in its ownership and
management of the Property;
(c) Maintenance of Insurance. Seller shall maintain in force all
insurance policies currently maintained by Seller with respect to the Property;
(d) No Title Exceptions. Seller shall not cause, permit, allow or
suffer any additional exception to the title to the Property;
(e) Condition of Property. Seller shall deliver Property at the
Close of Escrow in its current as-is condition.
2.8.2 No Merger. Seller's covenants in this Section 2.8 shall not be merged
with the Grant Deed, shall survive the Close of Escrow for the full statutory period, and shall
automatically be deemed made for the benefit of, and enforceable by the Agency and its
successors and assigns.
2.9 Seller Waiver of Relocation Benefits and Owner Participation Rights.
2.9.1 Representations and Warranties; Waivers and Releases.
(a) Seller acknowledges that, pursuant to applicable provisions of
State law, Seller may be entitled to relocation assistance, the payment of certain relocation
expenses, payments for loss of goodwill, just compensation, inverse condemnation, unlawful
pre-condemnation conduct and other benefits and reimbursements relating to the Agency's
acquisition of the Property (collectively, the "Benefits") that are not expressly or independently
set forth in this Agreement. Seller, on behalf of itself, its administrators, successors and assigns,
acknowledges and agrees that the Agency's performance under this Agreement and payment of
the Purchase Price constitutes full and complete satisfaction of the Agency's obligations, if any,
to provide the Benefits to Seller.
(b) Seller represents and warrants to the Agency that no portion of
the Property has been used or occupied by any Person other than Seller and its tenants for more
than one hundred eighty (180) days prior to the Effective Date. Seller hereby waives, to the
maximum extent permitted by Law, any right or entitlement to relocation assistance or
benefits from the Agency as a result of the transactions contemplated by this Agreement.
With respect to relocation assistance or benefits, Seller acknowledges that it may have sustained
damage, loss, costs or expenses that are presently unknown and unsuspected, and such damage,
loss, costs or expenses that may have been sustained, may give rise to additional damage, loss,
costs or expenses in the future. Nevertheless, Seller hereby acknowledges and agrees that this
Agreement has been negotiated and agreed upon in reliance on the waivers and releases
contained in this Section 2.9 by Seller, including the Purchase Price and all other terms and
GRANGEI,ME[EM51992.8 13
L
conditions. Seller acknowledges that the waivers given in this Section 2.9 are made by Seller
after being fully informed of its rights by legal counsel of its own selection and are made
knowingly and intentionally. With reference to the representations and warranties made and the
waivers given in this Section 2.9, Seller, to the maximum extent permitted by Law, hereby waive
the application of and any rights it might have under California Civil Code,Section 1542 or under
any statute or common law or equitable principal or similar effect. California Civil Code Section
1542 reads as follows:
A general release does not extend to claims which the creditor does
not know or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor.
2.9.2 Indemnification. Seller agrees to Indemnify the Agency against any
claims for any Benefits relating to the transactions contemplated in this Agreement.
2.9.3 Initials. The representations, warranties, acknowledgments, waivers
and releases contained in this Section 2.9 shall survive the Close of Escrow.
Initials of Authorized
Seller Representative(s)
2.10 Tenant Estoppel Certificates and Relocation Waiver. Seller shall cause its tenants
to execute estoppel certificates and relocation waviers in substantially the form attached hereto
as Exhibit"H" and shall deliver such estoppel certificates and relocation waivers to Agency prior
to the Close of Escrow.
2.10.1 Owner Participation Rights. Sellers acknowledge that the Property is
located within the Agency's [Project Area]. Sellers also acknowledge that pursuant to CRL
Sections 33339, 33345 and 33380, each redevelopment plan must provide for the opportunity for
participation of owners in the redevelopment of the property if the owners agree to participate in
conformity with the terms of the redevelopment plan ("Owner Participation Rights"). The
Redevelopment Plan contains Rules Governing Participation and Reentry Preferences for
Property Owners, Operators of Businesses, and Business Tenants for the Merged Central
Business District and West End Project Area ('Owner Participation Rights'):Sellers hereby waive
any Owner,Participation Rights pursuant to the Redevelopment Plan and CRL to participate in
the redevelopment of the Property. In lieu of exercising said Owner Participation Rights and
participating in the redevelopment of the Property, Sellers desire to sell to Agency the Property
pursuant to the terms and conditions of this Agreement.
2.11 Seller Representations and Warranties.
2.11.1 Litigation. To Seller's knowledge, there is no pending or threatened
private or governmental litigation by any governmental authority or person against Seller relating
to the Property that might, if it and all other pending and threatened litigation were adversely
determined, result in a material adverse change in the Property or its operation or that challenges
ORANGE\LMEIER\51992.8 14
r
the validity of or otherwise materially adversely affects the transactions contemplated by this
Agreement.
2.11.2 Other Proceedings. To Seller's knowledge, no attachments, execution
proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization, or
other proceedings are pending or threatened against Seller or Seller's interest in the Property, nor
are any such proceedings contemplated by Seller.
2.11.3 Governmental Action. Seller has no knowledge of, nor has Seller
received written notice of, any plan, study, or effort by any Person that in any way would
materially affect the use of the Property or any portion of it for its current use or of any intended
public improvements that would result in any charge being levied against, or any lien assessed
on, the Property.
2.11.4 Condemnation. To Seller's knowledge, Seller has received no notice of
any presently pending or contemplated special assessments or proceedings to condemn or
demolish the Property or any part of it or any proceedings to declare the Property or any part of it
a nuisance.
2.11.5 Development Rights. To Seller's knowledge, Seller has not, except by
operation of law, sold, transferred, conveyed, or entered into any agreement regarding "air
rights," "excess floor area ratio," or other development rights or restrictions relating to the
Property, except as otherwise expressly set forth in the Preliminary Report.
2.11.6 Title to the Property. Seller has no actual knowledge of any unrecorded
or undisclosed legal or equitable interest in the Property owned or claimed by anyone other than
Seller, or its tenants with Leases. Seller has no knowledge that anyone will, at the Close of
Escrow, have any right to possession of the Property, except its tenants with Leases, and except
as disclosed by this Agreement or otherwise in writing to the Agency. To Seller's knowledge,
there are no unsatisfied mechanics' or materialmen's lien rights on the Property. To Seller's
knowledge, no assessment lien or bond encumbers the Property, and no governmental authority
has undertaken any action that could give rise to an assessment lien affecting the Property.
2.11.7 No Hazardous Substances. To Seller's knowledge there are no
environmental, health or safety hazards on, under, or about (including any area surrounding the
Property) the Property, including but not limited to soil and groundwater conditions. Neither
Seller nor to Seller's knowledge has any third-Person (including but not limited to Seller's
predecessors in title to the Property) used or installed any underground tank, or used, generated,
manufactured, treated, stored, placed, deposited, or disposed of on, under, or about the Property
or transported to or from the Property any Hazardous Substance.
2.11.8 No Notice of Violation of Environmental Laws. To Seller's
knowledge the Property is not in violation of any Environmental Law. Seller has not received
any Notice from any Government that the Property or any adjoining property contains or may .
contain any Hazardous Substance in violation of any Environmental Law or that Seller has
stored, used or maintained any Hazardous Substance or suffered, permitted, allowed or
ORANGE\L.MEIEM51992.8 - 15
acquiesced in any storage, use or maintenance of any Hazardous Substance on, in or under the
Property in violation of any Environmental Law.
2.11.9 No Other Representations or Warranties. Other than the express
representations and warranties contained in this Agreement, Seller makes no warranty or
representation, express or implied to the Agency regarding the Property.
ARTICLE 3
JOINT ESCROW INSTRUCTIONS
3.1 Opening of Escrow. The Agency and Seller shall cause the Escrow to be opened
within seven (7) days following the Effective Date. The Escrow Agent shall promptly confirm
the Escrow Opening Date in writing to each of the Parties, with a copy of the Escrow Agent
Consent executed by the authorized representative(s) of the Escrow Agent. The provisions of
this ARTICLE 3 are the joint escrow instructions of the Agency and Seller to the Escrow Agent
for conducting the Escrow.
3.2 Escrow Agent Authority. The Agency and Seller authorize the Escrow Agent
to:
3.2.1 Charges. Pay and charge the Agency and Seller for their respective
shares of the applicable fees, taxes, charges and costs payable by either the Agency or Seller
regarding the Escrow;
3.2.2 Settlement/Closing, Statements. Release each Party's Escrow
settlement/closing statement to the other Party; and
3.2.3 Document Recording. File any documents delivered for recording
through the Escrow with the office of the Recorder of the County for recordation in the official
records of the County, pursuant to the joint instructions of the Parties.
3.2.4 Counterpart Documents. Utilize documents that have been signed by
the Agency and Seller in counterparts.
3.3 Agency's Conditions to Close of Escrow. Provided that the failure of any such
condition to be satisfied is not due to a Default under this Agreement by the Agency, the
Agency's obligation to purchase and acquire fee title to the Property from Seller pursuant to this
Agreement on the Escrow Closing Date shall be subject to the satisfaction or waiver of each of
the following conditions precedent, each of which can only be waived in writing by the Agency:
3.3.1 Title. The Agency agrees to accept conveyance of the Property,
pursuant to Section 2.5;
3.3.2 Due Diligence. The Agency delivers its Due Diligence Completion
Notice to both Seller and the Escrow Agent stating the Agency's acceptance of the condition of
the Property;
ORANGE\LMEIER\51992.8 16 _
3.3.3 Title Policy. The Title Company is, upon payment of the Title
Company's standard premium for an insurance policy such as the Title Policy, irrevocably and
unconditionally committed to issue the Title Policy to the Agency, at the Close of Escrow;
3.3.4 CEQA Documents. Final adoption, approval or certification of the
CEQA Documents;
3.3.5 Consistency FindiiM. The Planning Commission of the City has
determined that the acquisition of fee title to the Property by the Agency pursuant to this
Agreement is consistent with the City's General Plan, in accordance with Government Code
Section 65402;
3.3.6 Real Estate Taxes. All Real Estate Taxes are paid current by Seller;
3.3.7 Seller Escrow Deposits. Seller deposits all of the items into the
Escrow required by Section 3.6;
3.3.8 Settlement/Closing Statement. The Agency approves the Escrow
Agent's estimated.Escrow closing/settlement statement; and
3.3.9 Seller Pre-Closing Obligations. Seller performs all of its material
obligations required to be performed by Seller under this Agreement prior to the Close of
Escrow.
3.3.10 Tenant Estoppel Certificates and Relocation Waivers. Seller has
delivered to Agency fully executed estoppel certificates and relocation waiver on behalf of all
Tenants.
3.4 Seller's Conditions to Close of Escrow. Provided that the failure of any such
condition to be satisfied is not due to a Default under this Agreement by Seller, Seller's
obligation to sell and convey fee title to the Property to the Agency pursuant to this Agreement
on or before the Escrow Closing Date shall be subject to the satisfaction or waiver of each of the
following conditions precedent, each of which can only be waived in writing by Seller:
3.4.1 Title. The Agency agrees to accept the conveyance of the Property,
pursuant to Section 2.5;
3.4.2 Due Diligence. The Agency delivers its Due Diligence Completion
Notice to both Seller and the Escrow Agent stating the Agency's acceptance of the condition of
the Property;
3.4.3 Title Policv. The Title Company is, upon payment of the Title
Company's standard premium for an insurance policy such as the Title Policy, irrevocably and
unconditionally committed to issue the Title Policy to the Agency, at the Close of Escrow;
3.4.4 CEQA Documents. Final adoption, approval or certification of the
CEQA Documents;
ORANGE\I.MEIER\51992.8 - 17
4
3.4.5 Agency Escrow Deposits. The Agency deposits all of the items into
the Escrow required by Section 3.5;
3.4.6 Settlement/Closing Statement. Seller approves the Escrow Agent's
estimated Escrow closing/settlement statement; and
3.4.7 Agency Pre-Closing Obligations. The Agency performs all of its
material obligations required to be performed by the Agency under this Agreement prior to the
Close of Escrow.
3.5 Agency's Escrow Deposits. On or prior to the Escrow Closing Date scheduled
by the Escrow Agent in a writing delivered to both of the Parties, the Agency shall deposit the
following described funds and documents into the Escrow and, concurrently, provide a copy of
each such document to Seller:
3.5.1 Purchase Price. The Purchase Price;
3.5.2 Certificate of Acceptance. A certificate of acceptance of the Grant
Deed, in substantially the form attached to the Grant Deed, executed by the authorized
representative(s) of the Agency in recordable form;
3.5.3 PCO Report. A PCO Report completed and signed by the authorized
representative(s) of the Agency;
3.5.4 Other Funds and Documents. Such other funds or documents required
from the Agency under the terms of this Agreement to close the Escrow or by the Escrow Agent
in the performance of the Escrow Agent's contractual or statutory obligations relating to the
Escrow.
3.6 Seller's Escrow Deposits. On or prior to the Escrow Closing Date scheduled by
the Escrow Agent in a writing delivered to both of the Parties, Seller shall deposit the following
described funds and documents into the Escrow and; concurrently, provide a copy of each such
document to the Agency:
3.6.1 Grant Deed. The Grant Deed executed by the authorized
representative(s) of Seller, in recordable form;
3.6.2 FIRPTA Certificate. The FIRPTA Certificate completed and signed
by the authorized representative(s) of Seller;
3.6.3 Form 593. A Form 593 completed and signed by the authorized
representative(s) of Seller;
3.6.4 Other Funds and Documents. Such other funds or documents required
from Seller under the terms of this Agreement to close the Escrow or by the Escrow Agent in the
performance of the Escrow Agent's contractual or statutory obligations regarding the Escrow.
ORANGEILMEIER\51992.8 18 -
3.7 Closing Procedure. When each of the Agency's Escrow deposits, as set forth in
Section 3.5, and each of Seller's Escrow deposits, as set forth in Section 3.6, are deposited into
the Escrow, the Escrow Agent shall request confirmation in writing from both the Agency and
Seller that each of their respective conditions to the Close of Escrow, as set forth in Sections 3.3
and 3.4, respectively, are satisfied or waived. Upon the Escrow Agent's receipt of written
confirmation from both the Agency and Seller that each of their respective conditions to the
Close of Escrow are either satisfied or waived, the Escrow Agent shall schedule the Escrow
Closing Date by written Notice to both Parties and, thereafter, shall close the Escrow on or
before the Escrow Closing Date by doing all of the following:
3.7.1 Recordation and Distribution of Recorded Documents. The.Escrow
Agent shall file the following documents with the office of the Recorder of the County for
recording in the official records of the County, in the following order, at the Close of Escrow: (i)
the Grant Deed, with the Agency's original certificate of acceptance attached, and (ii) any other
documents to be recorded through the Escrow upon the joint instructions of the Parties. The
Escrow Agent shall deliver conformed copies of all documents filed for recording in the official
records of the County through the Escrow to the Agency, Seller and any other Person designated
in the written joint escrow instructions of the Parties to receive an original or conformed copy of
each such document. Each copy of a document filed for recording shall show all recording
information. The Parties intend and agree that this Section 3.7.1 shall establish the relative
priorities of the documents to be recorded in the official records of the County through the
Escrow, by providing for recordation of senior interests prior in time to junior interests, as
provided in this Section 3.7.1;
3.7.2 Distribution of Other Documents. The Escrow Agent shall deliver
copies of all documents delivered through the Escrow to the Agency, Seller and any other Person
designated in the written joint escrow instructions of the Parties to receive an original or copy of
each such document;
3.7.3 Title Policv. Obtain and deliver the Title Policy to the Agency;
3.7.4 Funds. Deliver the Purchase Price to Seller, less any amount required
to be withheld and paid to the State Franchise Tax Board pursuant to Revenue and Taxation
Code Section 18662 (see Section 3.9), any amount required to be paid to satisfy any
encumbrances against the Property securing monetary obligations of Seller and any other charges
to the account of Seller pursuant to the terms of this Agreement, and return all remaining funds
held by the Escrow Agent for the account of the Agency to the Agency, less the Agency's share
of the Escrow closing costs, and less any other charges to the account of the Agency pursuant to
the terms of this Agreement;
3.7.5 FIRPTA Certificate. File the FIRPTA Certificate with the United
States Internal Revenue Service;
3.7.6 Form 593. File the Form 593 with the State of California Franchise
Tax Board; and
3.7.7 PCO Report. File the PCO Report with the County Assessor.
ORANGEILMEIER151992.8 19 .
3.7.8 Report to IRS. Following the Close of Escrow and prior to the last
date on which such report is required to be filed with the United States Internal Revenue Service,
if such report is required pursuant to Section 6045(e) of the United States Internal Revenue Code,
the Escrow Agent shall report the gross proceeds of the sale of the Property pursuant to this
Agreement to the United States Internal Revenue Service on Form 1099-B, Form W-9 or such
other form(s) as may be specified by the United States Internal Revenue Service pursuant to
Section 6045(e) or its associated Federal regulations. Upon the filing of such reporting form
with the United States Internal Revenue Service, the Escrow Agent shall deliver a copy of the
filed form to both the Agency and Seller.
3.8 Close of Escrow. The Close of Escrow shall occur on or before the Escrow
Closing Date. The Parties may mutually agree to change the Escrow Closing Date by joint
written instruction to the Escrow Agent. If for any reason the Close of Escrow has not occurred
on or before the Escrow Closing Date, then any Party not then in Default under this Agreement
may cancel the Escrow and terminate this Agreement, without liability to the other Party or any
other Person for such cancellation and termination, by delivering written Notice of termination to
both the other Parry and the Escrow Agent. Following any such Notice of termination of this
Agreement and cancellation of the Escrow, the Parties and the Escrow Agent shall proceed
pursuant to Section 3.14. Without limiting the right of either Party to cancel the Escrow and
terminate this Agreement, pursuant to the first sentence of this Section 3.8, if the Escrow does
not close on or before the Escrow Closing Date and neither Party has exercised its contractual
right to cancel the Escrow and terminate this Agreement under this Section 3.8 before the first
date on which the Escrow Agent Notifies both Parties that the Escrow is in a position to close,
then the Escrow shall close as soon as reasonably possible following the first date on which the
Escrow Agent Notifies both Parties that the Escrow is in a position to close, pursuant to the terms
and conditions of this Agreement.
3.9 Withholding Requirements. The Parties acknowledge that California Revenue
and Taxation Code Section 18662 requires the Agency to withhold from funds otherwise payable
to Seller at the Close of Escrow an amount equal to three and one-third percent (3 1/3%) of the
total Purchase Price for the Property and submit such amount to the California Franchise Tax
Board, unless the Agency is relieved of such withholding requirements in accordance with the
provisions of California Revenue and Taxation Code Section 18662.
3.10 Taxes and Prorations. All Real Estate Taxes shall have been paid by Seller and
be current as of the Close of Escrow and there shall be no pro-ration of Real Estate Taxes
between the Parties through or outside of the Escrow. Seller shall be entitled to and solely
responsible for obtaining all refunds, if any, that may be due for Real Estate Taxes paid by Seller
applicable to any period after Close of Escrow. Seller shall be responsible for all Real Estate
Taxes and all supplemental Real Estate Taxes, if any, assessed pursuant to California Revenue
and Taxation Code Section 75, et seq., applicable to any period on or before the Close of
Escrow, and Buyer' obligation to pay such Real Estate Taxes shall survive the Close of Escrow.
Buyer shall be responsible for all Real Estate Taxes, if any, and all supplemental Real Estate
Taxes, if any, applicable to any period prior to the Close of Escrow.
3.11 Possession; Risk of Loss. The Agency shall be entitled to sole possession of the
Property immediately upon Close of Escrow. All risk of loss or damage to the Property will pass
ORANGEILMEIER\51992.8 - 20
a .
from Seller to the Agency at the..Close of Escrow. In the event that material loss or damage
occurs to the Property prior to the Close of Escrow, the Agency may terminate this Agreement
and cancel the Escrow by written Notice of Termination.
3.12 Escrow Closing Costs, Taxes and Title Policy Premium. The Agency and
Seller shall each pay one-half(1/2) of the Escrow fees and such other costs as the Escrow Agent
may charge for conducting the Escrow. Seller shall pay the premium charged by the Title.
Company for the Title Policy, exclusive of any endorsements or other supplements to the
coverage of the Title Policy that may be requested by the Agency. The Agency shall pay any
and all recording fees, any documentary transfer tax, taxes levied by any Government arising
from or relating to the sale of the Property pursuant to this Agreement and through the Escrow
(exclusive of any income taxes and any property taxes to be paid by Seller pursuant to Section
3.9)the cost of any endorsements or supplements to the coverage of the Title Policy requested by
the Agency. The Escrow Agent shall notify the Agency and Seller of the costs to be borne by
each of them at the Close of Escrow by delivering the Escrow Agent's estimated Escrow
closing/settlement statement to both the Agency and Seller, at least two (2) business days prior to
the Escrow Closing Date.
3.13 Escrow Cancellation Charges. If the Escrow fails to close due to an Event of
Default attributable to the Agency, the Agency shall pay all customary and reasonable
cancellation charges regarding cancellation of the Escrow and the Title Policy order, if any. If
the Escrow fails to close due to an Event of Default attributable to Seller, Seller shall pay all
customary and reasonable cancellation charges regarding cancellation of the Escrow and the
Title Policy order, if any. If the Escrow fails to close for any reason other than an Event of
Default attributable to either the Agency or Seller, the Agency and Seller shall each pay one-half
(1/2) of all customary and reasonable cancellation charges regarding cancellation of the Escrow
and the Title Policy order, if any.
3.14 Escrow Cancellation. If the Escrow is cancelled and this Agreement is
terminated pursuant to a contractual right granted to a Party in this Agreement to cancel the
Escrow and terminate this Agreement, the Parties shall pay any associated cancellation charges
in accordance with Section 3.12 and do each of the following:
3.14.1 Cancellation Instructions. The Parties shall, within three (3) business
days following receipt of the Escrow Agent's written request, execute any reasonable Escrow .
cancellation instructions requested by the Escrow Agent; and
3.14.2 Return of Funds and Documents. Within seven (7) days following
receipt by the Parties of a settlement statement from the Escrow Agent of cancellation charges
regarding cancellation of the Escrow and the Title Policy order, if any: (i) Seller or the Escrow
Agent, respectively, shall return to the Agency any documents previously delivered by the
Agency to Seller or the Escrow Agent regarding this Agreement, the Property or the Escrow, (ii)
the Agency or the Escrow Agent, respectively, shall return to Seller all documents previously
delivered by Seller to the Agency or the Escrow Agent regarding this Agreement, the Property or
the Escrow; (iii) the Escrow Agent shall return to the Agency any funds deposited into the
Escrow by the Agency, less the Agency's share of any customary and reasonable cancellation
charges regarding cancellation of the Escrow and the Title Policy order, if any, in accordance
ORANGDLME1ER151992.8 21
with Section 3.12; and (iv) the Escrow Agent shall return to Seller any funds deposited into the
Escrow by Seller, less Seller's share of any customary and reasonable cancellation charges
regarding cancellation of the Escrow and the Title Policy order, if any, in accordance with
Section 3.12.
3.15 Escrow Notices. All Notices from the Escrow Agent to the Parties shall be given
in the manner provided in Section 6.4 of this Agreement.
ARTICLE 4
EXISTING TENANT LEASES
4.1 Tenant Leases. It is a condition to the Close of Escrow for Agency's benefit that
prior to the Closing Date, Agency shall have accepted in writing the Tenant Lease; Agency and
Seller shall have executed and deposited into Escrow the Assignment and Assumption of Tenant
Lease and Deposits (defined below); and Seller shall have deposited into escrow the original
Rent Roll (defined below), original Tenant Lease, and a true and correct copy of the Notices to
Tenant (defined below) as provided herein. In no event shall any such lease agreements contain
a term extending beyond January 31, 2011.
4.1.1 Seller represents and warrants to Agency that it has disclosed all such
lease agreements to Agency, and that such lease agreements are the only lease agreements in
effect with respect to the Property, and that no extensions, option or other modifications to such
lease agreements have been entered into unless otherwise disclosed to Agency in writing.
4.2 Rent Roll; Tenant Lease. Within ten (10) calendar days following the Effective
Date, Seller shall provide to Agency and Escrow Holder:
4.2.1 Tenant Lease and copies of all documents, agreements and other
writings referenced therein affecting the Tenant Lease or the Property or any other information
that Agency may reasonably require of which Seller has possession, custody or control, to
determine the credit worthiness of each possessor; and
4.2.2 A written schedule ("Rent Roll"), which is a full, true and correct rent
roll and summary of the Tenant Lease, prepared and certified by Seller as of the Effective Date,
and which reflects: (a) the full and accurate name of each possessor or trade name thereof
("Tenant") under the Tenant Lease (b) the address of the improvements and the approximate
total square footage occupied by the Tenant; (c) the amount and purpose for any security
deposits, prepayments, credits or other amounts due or payable between Seller and each Tenant
("Tenant Deposits"); and (d) the amount of rent and reimbursable expenses paid and to be paid
by the Tenant and all applicable increases thereof, and.delinquencies, if any. The Rent Roll
shall be in substantially the form attached hereto as Exhibit"E".
4.3 Acceptance of Tenant Lease; Assignment and Assumption of Tenant Lease
and Deposits. Within ten (10) business days following Agency's receipt of copies of the
Tenant Lease and the Rent Roll as provided above, Agency shall determine, in its sole discretion,
whether it rejects or accepts the Tenant Lease and shall provide to Seller and Escrow Holder its
written notice of such rejection or acceptance. In the event Agency rejects the Tenant Lease,
ORANGE\LMEIER\51992.8 22
r
then Agency may terminate this Agreement as provided in ARTICLE 3. In the event Agency
accepts the Tenant Lease, then prior to the Close of Escrow, Agency and Seller shall execute and
deposit into Escrow an Assignment and Assumption of Tenant Lease and Deposits in
substantially the form attached hereto as Exhibit "F" ("Assignment and Assumption of Tenant
Lease and Deposits")'whereby as of Close of Escrow, Seller assigns to Agency all of Seller's
right, title, and interest in and to the Tenant Lease and any remaining Tenant Deposits and
Agency assumes all of Seller's obligations under the Tenant Lease.
4.4 Notice to Tenants. Prior to Close of Escrow, Seller shall notify the Tenant in
writing that Agency is purchasing the Property from Seller and such notices shall include the
anticipated date of Close of Escrow ("Notices to Tenant"), in substantially the form attached
hereto as Exhibit "G". Further, prior to Close of Escrow, Seller shall obtain from the Tenants
estoppel certificates and relocation waivers in substantially the form attached hereto as Exhibit
«H>,
4.5 Deposit Original Tenant Lease. Prior to Close of Escrow, Seller shall deposit
into Escrow the original Tenant Lease, which Escrow Holder shall deliver to Agency upon Close
of Escrow.
4.6 Unrecorded Possessory Interests. Seller represents and warrants to Agency
that, except for the Tenant Lease disclosed to Agency pursuant to this Agreement, to Seller's
current actual knowledge, there are no other agreements for occupancy in effect for the Property
and no unrecorded possessory interests or unrecorded agreements that would adversely affect
Agency's title to or use of the Property.
ARTICLE 5
REMEDIES AND INDEMNITY
5.1 Event of Default Remedies. The Agency shall have all remedies available to the
Agency at law or in equity under the laws of the State for any Event of Default by Seller under
this Agreement. The Seller shall have all remedies available to the Seller at law for any Event of
Default by the Agency under this Agreement, except as otherwise provided for herein. Seller
shall not seek specific performance nor may Seller be awarded specific performance against the
Agency.
5.2 Rights and Remedies are Cumulative. Except as otherwise expressly stated in
this Agreement, the rights and remedies of the Parties set forth in this Agreement are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same Default
or the same rights or remedies for any other Default.
5.3 Indemnification.
5.3.1 Obligations. The Agency shall Indemnify the Seller Parties against
any wrongful intentional act or negligence of the Agency Parties and for any other matter for
which the Agency is specifically obligated to indemnify Seller pursuant to this Agreement.
Seller shall Indemnify the Agency Parties against any wrongful intentional act or negligence of
ORANGEILMEIER151992.8 23
the Seller Parties and for any other matter for which Seller is specifically obligated to indemnify
the Agency pursuant to this Agreement. Notwithstanding anything to the contrary in this
Agreement, no Indemnitor shall be required to Indemnify any Indemnitee to the extent of the
Indemnitee's wrongful intentional acts or negligence. Nothing in this Section 5.3 or any other
provision of this Agreement is intended to modify any claim requirements or limitations periods
provided for in the California Government Code Sections 800, et seq. or Sections 900, et seq.
5.3.2 Independent of Insurance Obligations. Each Party's obligation to
Indemnify any Person under this Agreement is independent of any insurance carried by such
Party, any insurance shall not in any way restrict, limit, or modify a Party's obligation to
Indemnify a Person under this Agreement and such indemnity obligation is independent of each
Party's other obligations under this Agreement.
5.3.3 Survival of Indemnification and Defense Obligations. The indemnity
and defense obligations of the Parties under this Agreement shall survive the expiration or earlier
termination of this Agreement, until all Claims against any of the Indemnitees are fully, finally,
absolutely and completely barred by applicable statutes of limitations.
5.3.4 Duty to Defend. The duty to defend any Indemnitee applies upon
Notice of any Claim, regardless of whether the issues of negligence, liability, fault, default or
other obligation on the part of the Indemnitor or the Indemnitee have been determined. The duty
to defend any Indemnitee applies immediately, regardless of whether the Indemnitee has paid
any amounts or incurred any detriment arising out of or relating (directly or indirectly) to any
Claim. It is the express intention of the Parties that an Indemnitee be entitled to obtain summary
adjudication or summary judgment regarding an Indemnitor's duty to defend the Indemnitee, at
any stage of any Claim within the scope of the Indemnitor's indemnity obligations under this
Agreement.
5.4 Indemnification Procedures. Wherever this Agreement requires any Indemnitor
to Indemnify any Indemnitee:
5.4.1 Prompt Notice. The Indemnitee shall promptly Notify the Indemnitor
of any Claim. To the extent, and only to the extent, that the Indemnitee fails to give prompt
Notice of a Claim and such failure materially prejudices the Indemnitor in providing indemnity
for such Claim, the Indemnitor shall be relieved of its indemnity obligations for such Claim.
5.4.2 Selection of Counsel. The Indemnitor shall select counsel reasonably
acceptable to the Indemnitee. Counsel to Indemnitor's insurance carrier that is providing
coverage for a Claim shall be deemed reasonably satisfactory. Even though the Indemnitor shall
defend the Claim, Indemnitee may, at its option and its own expense, engage separate counsel to
advise it regarding the Claim and its defense. The Indemnitee's separate counsel may attend all
proceedings and meetings. The Indemnitor's counsel shall actively consult with the .
Indemnitee's separate counsel. The Indemnitor and its counsel shall, however, fully control the
defense, except to the extent that the Indemnitee waives its rights to indemnity and defense for
such Claim.
ORANGBLME1ER151992.8 - 24
r
5.4.3 Cooperation. The Indemnitee shall reasonably cooperate with the r
Indemnitor's defense of the Indemnitee, provided the Indemnitor reimburses the Indemnitee's
actual out of pocket expenses (including Legal Costs) of such cooperation.
5.4.4 Settlement. The Indemnitor may, with the Indemnitee's consent, not
to be unreasonably withheld, settle a Claim. The Indemnitee's consent shall not be required for
any settlement by which all of the following occur: (i) the Indemnitor procures (by payment,
settlement, or otherwise) a release of the Indemnitee from the subject Claim(s) by which the
Indemnitee need not make any payment to the claimant; (ii) neither the Indemnitee nor the
Indemnitor on behalf of the Indemnitee admits liability; (iii) the continued effectiveness of this
Agreement is not jeopardized in any way; and (iv) the Indemnitee's interest in this Agreement is
not jeopardized in any way.
ARTICLE 6
GENERAL PROVISIONS
6.1 Incorporation of Recitals. The Recitals of fact set forth preceding this
Agreement are true and correct and are incorporated into this Agreement in their entirety by this
reference.
6.2 City Not a Party. The City is not a Party to this Agreement.
6.3 Executive Director Implementation. The Agency shall implement this
Agreement through its Executive Director. The Executive Director is hereby authorized by the
Agency to issue approvals, interpretations, waivers and enter into certain amendments to this
Agreement on behalf of the Agency, to the extent that any such action(s) does/do not cause the
Agency to incur, in the aggregate, additional obligations exceeding Twenty-Five Thousand
Dollars ($25,000). All other actions shall require the consideration and approval of the Agency
governing body, unless expressly provided otherwise by action of the Agency governing body.
Nothing in this Section 6.3 shall restrict the submission to the Agency governing body of any
matter within the Executive Director's authority under this Section 6.3, in the Executive
Director's sole and absolute discretion, to obtain the Agency governing body's express and
specific authorization on such matter. The specific intent of this Section 6.3 is to authorize
certain actions on behalf of the Agency by the Executive Director, but not to require that such
actions be taken by the Executive Director, without consideration by the Agency governing
body.
6.4 Notices, Demands and Communications Between the Parties.
6.4.1 Notices. Any and all Notices submitted by either Party to the other
Party or to the Escrow Agent pursuant to or as required by this Agreement shall be proper, if in
writing and transmitted to the address of the Agency, or Seller, as applicable, set forth in Section
6.4.2, or to the Escrow Agent's address set forth in the Escrow Agent's Consent, by one or more
Of the following methods: (i) messenger for immediate personal delivery, (ii) a nationally
recognized overnight (one-night) delivery service (i.e., Federal Express, United Parcel Service,
ORANGEILMEIER\51992.8 25
5
r etc.) or (iii) registered or certified United States mail, postage prepaid, return receipt requested.
Such Notices may be sent in the same manner to such other addresses as either Party may
designate, from time to time, by Notice. Any Notice shall be deemed to be received by the
addressee, regardless of whether or when any return receipt is received by the sender or the date
set forth on such return receipt, on the day that it is delivered by personal delivery, on the date of
delivery by a nationally recognized overnight courier service (or when delivery has been
attempted twice, as evidenced by the written report of the courier service) or four (4) calendar
days after it is deposited with the United States Postal Service for delivery, as provided in this
Section 6A. Rejection, other refusal to accept or the inability to deliver a Notice because of a
changed address of which no Notice was given or other action by a Person to whom Notice is
sent, shall be deemed receipt of the Notice.
6.4.2 Addresses. The following are the authorized addresses for the
submission of Notices to the Parties, as of the Effective Date:
To Seller: JK Partnership
P.O. Box 865
Claremont, California 91711
Attention: Jide Alade
With Copy to: Cal Venture Properties
3456 Ardsley Place
Encino, California 91436
Attention: Keith Yang
To the Agency: Redevelopment Agency of the City of Azusa
213 East Foothill Boulevard
Azusa, California 91702
Attention: Executive Director
With Copy to: Best Best & Krieger
5 Park Plaza, Suite 1500
Irvine, CA 92614
Attn: Elizabeth W. Hull
Telephone (949) 263-2600
Fax (949) 260-0972
6.5 Warranty Against Payment of Consideration for Agreement. Seller
represents and warrants that: (i) Seller has not employed or retained any Person to solicit or
secure this Agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees of Seller; and (ii) no gratuities, in
the form of entertainment, gifts or otherwise have been or will be given by Seller or any of its
agents, employees or representatives to any elected or appointed official or employee of either
the City or the Agency in an attempt to secure this Agreement or favorable terms or conditions
for this Agreement. Breach of the representations or warranties of this Section 0 shall
automatically terminate this Agreement, without further Notice to or action by either Party and,
upon any such termination of this Agreement, Seller shall immediately refund any payments
ORANGE\LMEIER\51992.8 26
z;
made to or on behalf of Seller by the City or the Agency pursuant to this Agreement or otherwise
related to the Property, prior to the date of any such termination.
6.6 Relationship of Parties. The Parties each intend and agree that the Agency and
Seller are independent contracting entities and do not intend by this Agreement to create any
partnership, joint venture, or similar business arrangement, relationship or association between
them.
6.7 Survival of Agreement. All of the provisions of this Agreement shall be
applicable to any dispute between the Parties arising from this Agreement, whether prior to or
following expiration or termination of this Agreement, until any such dispute is finally and
completely resolved between the Parties, either by written settlement, entry of a non-appealable
judgment or expiration of all applicable statutory limitations periods and all terms and.conditions _
of this Agreement relating to dispute resolution and limitations on damages or remedies shall
survive any expiration or termination of this Agreement.
6.8 Non-liability of Officials, Employees and Agents. No Agency Party shall be
personally liable to Seller, or any successor in interest of Seller, in the event of any Default or
breach by the Agency under this Agreement or for any amount that may be or become due to
Seller or any successor in interest of Seller, on any obligations under the terms or conditions of
this Agreement.
6.9 Calculation of Time Periods. Unless otherwise specified, all references to time
periods in this Agreement measured in days shall be to consecutive calendar days, all references
to time periods in this Agreement measured in months shall be to consecutive calendar months
and all references to time periods in this Agreement measured in years shall be to consecutive
calendar years. Any reference to business days in this Agreement shall mean consecutive
business days of the Agency.
6.10 Principles of Interpretation. No inference in favor of or against any Party shall
be drawn from the fact that such Party has drafted any part of this Agreement. The Parties have
both participated substantially in the negotiation, drafting, and revision of this Agreement, with
advice from legal and other counsel and advisers of their own selection. A word, term or phrase
defined in the singular in this Agreement may be used in the plural, and vice versa, all in
accordance with ordinary principles of English grammar, which shall govern all language in this
Agreement. The words "include" and "including" in this Agreement shall be construed to be
followed by the words: "without limitation." Each collective noun in this Agreement shall be
interpreted as if followed by the words "(or any part of it)," except where the context clearly
requires otherwise. Every reference to any document, including this Agreement, refers to such
document, as modified from time to time (excepting any modification that violates this
Agreement), and includes all exhibits, schedules, addenda and riders to such document. The
word "or" in this Agreement includes the word "and." Every reference to a law, statute,
regulation, order, form or similar governmental requirement refers to each such requirement as
amended, modified, renumbered, superseded or succeeded, from time to time.
6.11 Governing Law. The Laws of the State shall govern the interpretation and
enforcement of this Agreement, without application of conflicts of laws principles. The Parties
ORANGOLMMEM51992.8 27
acknowledge and agree that this Agreement is entered into, is to be fully performed in and relates
to real property located in the City of Azusa, County of Los Angeles, State of California. All
legal actions arising from this Agreement shall be filed in the Superior Court of the State in and
for the County or in the United States District Court with jurisdiction in the County.
6.12 Agency Attorney Fees and Costs. For the purposes of this Agreement, all
references to Legal Costs in reference to the Agency are intended to include the salaries, benefits
and costs of the City Attorney, as Agency General Counsel, and the lawyers employed in the
Office of the City Attorney who provide legal services regarding the particular matter, adjusted
to or billed at an hourly rate and multiplied by the time spent on such matter rounded to
increments of 1/10`h of an hour, in addition to Legal Costs of outside counsel retained by the
Agency for any matter.
6.13 Unavoidable Delay•, Extension of Time of Performance.
6.13.1 Notice. Subject to any specific provisions of this Agreement stating
that they are not subject to Unavoidable Delay or otherwise limiting or restricting the effects of
an Unavoidable Delay, performance by either Party under this Agreement shall not be deemed,
or considered to be in Default, where any such Default is due to the occurrence of an
Unavoidable Delay. Any Party claiming an Unavoidable Delay shall Notify the other Party: (i)
within ten (10) days after such Party knows of any such Unavoidable Delay; and (ii) within five
(5) days after such Unavoidable Delay ceases to exist. To be effective, any Notice of an
Unavoidable Delay must describe the Unavoidable Delay in reasonable detail. The extension of
time for an Unavoidable Delay shall commence on the date of receipt of written Notice of the
occurrence of the Unavoidable Delay by the Party not claiming an extension of time to perform
due to such Unavoidable Delay and shall continue until the end of the condition causing the
Unavoidable Delay. The Party claiming an extension of time to perform due to an Unavoidable
Delay shall exercise its commercially reasonable best efforts to cure the condition causing the
Unavoidable Delay, within a reasonable time.
6.13.2 Assumption of Economic Risks. EACH PARTY EXPRESSLY
AGREES THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS, OF EITHER PARTY
SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES IN MARKET
CONDITIONS OR DEMAND OR CHANGES IN THE ECONOMIC ASSUMPTIONS OF
EITHER PARTY THAT MAY HAVE PROVIDED A BASIS FOR ENTERING INTO THIS
AGREEMENT SHALL NOT OPERATE TO EXCUSE OR DELAY THE PERFORMANCE OF
EACH AND EVERY ONE OF EACH PARTY'S OBLIGATIONS AND COVENANTS
ARISING UNDER THIS AGREEMENT. ANYTHING IN THIS AGREEMENT TO THE
CONTRARY NOTWITHSTANDING, THE PARTIES EXPRESSLY ASSUME THE RISK OF
UNFORESEEABLE CHANGES IN ECONOMIC CIRCUMSTANCES AND/OR MARKET
DEMAND/CONDITIONS AND WAIVE, TO THE GREATEST EXTENT ALLOWED BY
LAW, ANY DEFENSE, CLAIM, OR CAUSE OF ACTION BASED IN WHOLE OR IN PART
ON ECONOMIC NECESSITY, IMPRACTICABILITY, CHANGED ECONOMIC
CIRCUMSTANCES, FRUSTRATION OF PURPOSE, OR SIMILAR THEORIES. THE
PARTIES AGREE THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS, EITHER
OF THE PARTY SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES IN
MARKET CONDITIONS OR DEMANDS, SHALL NOT OPERATE TO EXCUSE OR
ORANGETMEIER\51992.8 28
Y
DELAY THE STRICT OBSERVANCE OF EACH AND EVERY ONE OF THE
OBLIGATIONS, COVENANTS, CONDITIONS AND REQUIREMENTS OF THIS
AGREEMENT. THE PARTIES EXPRESSLY ASSUME THE RISK OF SUCH ADVERSE
ECONOMIC OR MARKET CHANGES, WHETHER OR NOT FORESEEABLE AS OF THE
EFFECTIVE DATE.
Initials of Authorized Initials of Authorized
Agency Representative(s) Seller Representative(s)
6.14 Real Estate Commissions. Neither the Agency nor Seller shall be responsible
for any real estate brokerage or sales commissions, finder fees or similar charges that may arise
from or be related to this Agreement or the purchase, sale or conveyance of the Property
pursuant to this Agreement. Seller shall be solely responsible for any real estate brokerage or
sales commissions, finder fees or similar charges that may arise from or be related to this
Agreement or the purchase, sale or conveyance of the Property pursuant to this Agreement that
are claimed by any Person engaged by Seller relating to the Property, this Agreement, or the
purchase, sale or conveyance of the Property pursuant to this Agreement. Further, Seller shall
Indemnify the Agency against any claims for such real estate brokerage or sales commissions,
finder fees or similar charges, in accordance with Section 5.3. The Agency shall be solely
responsible for any real estate brokerage or sales commissions, finder fees or similar charges that
may arise from or be related to this Agreement or the purchase, sale or conveyance of the
Property pursuant to this Agreement that are claimed by any Person engaged by the Agency
relating to the Property, this Agreement, or the purchase, sale or conveyance of the Property
pursuant to this Agreement. Further, the Agency shall Indemnify Seller against any claims for
such real estate brokerage or sales commissions, finder fees or similar charges, in accordance
with Section 5.3.
6.15 Binding on Successors and Assigns. This Agreement shall be binding upon and
inure to the benefit of the Parties and their respective legal representatives, successors and
assigns. Either Party shall have the right to assign its right under this Agreement.
6.16 No Other Representations or Warranties. Except as expressly set forth in this
Agreement, no Party makes any representation or warranty material to this Agreement to any
other Party.
6.17 Tax Consequences. Seller acknowledges and agrees that it shall bear any and all
responsibility, liability, costs, and expenses connected in any way with any tax consequences
experienced by Seller related to this Agreement or the purchase, sale or conveyance of the
Property pursuant to this Agreement.
6.18 No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement on any Person
other than the Parties and their respective permitted successors and assigns, nor is anything in
this Agreement intended to relieve or discharge any obligation of any third-Person to any Party
or give any third-Person any right of subrogation or action over or against any Party.
ORANGEU-MEIEM51992.8 29
I5
6.19 Execution in Counterparts. This Agreement may be executed in multiple
counterpart originals, each of which shall be deemed to be an original, but all of which together
shall constitute one and the same document.
6.20 Entire Agreement.
6.20.1 Integrated Agreement. This Agreement includes ( )
pages and _ U exhibits, that constitute the entire understanding and Agreement of the Parties
regarding the Property and the other subjects addressed in this Agreement. This Agreement
integrates all of the terms and conditions mentioned in this Agreement or incidental to this
Agreement, and supersedes all negotiations or previous agreements between the Parties with
respect to the Property and the other subjects addressed in this Agreement.
6.20.2 No Mercer. None of the terms, covenants, restrictions, agreements or
conditions set forth in this Agreement shall be deemed to be merged with any deed conveying
title to any portion of the Property, and this Agreement shall continue in full force and effect
before and after any such instruments, in accordance with its terms.
6.20.3 Waivers Must be in Writing. All waivers of the provisions of this
Agreement and all amendments to this Agreement must be in writing and signed by the
authorized representative(s) of both the Agency and Seller.
6.21 Exhibits. All of the Exhibits attached to this Agreement are described as follows:
6.21.1 Exhibit"A." Property Legal Description (Exhibit"A");
6.21.2 Exhibit`B." Form of Seller Official Action(Exhibit"B");
6.21.3 Exhibit "C." Form of Escrow Agent Consent (Exhibit"C"); and
6.21.4 Exhibit"D." Form of Grant Deed (Exhibit"D").
6.21.5 Exhibit"E" Rent Roll (Exhibit"E").
6.21.6 Exhibit "F." Assignment and Assumption of Tenant Lease and
Deposits (Exhibit"F").
6.21.7 Exhibit"G" Notice to Tenants (Exhibit "G").
6.21.8 Exhibit "H." Estoppel Certificate and Relocation Waiver (Exhibit
6.22 Time Declared to be of the Essence. As to the performance of any obligation
under this Agreement of which time is a component, the performance of such obligation within
the time specified is of the essence.
ORANGE\LMEIER\51992.8 30
r$
6.23 No Waiver. Failure to insist on any one occasion upon strict compliance with
any term, covenant, condition, restriction or agreement contained in this Agreement shall not be
deemed a waiver of such term, covenant, condition, restriction or agreement, nor shall any
waiver or relinquishment of any rights or powers under this Agreement, at any one time or more
times, be deemed a waiver or relinquishment of such right or power at any other time or times.
[Signatures on following page]
ORANGESLMEIER151992.5 31
t5
SIGNATURE PAGE
TO
2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(JK Partnership Property)
IN WITNESS WHEREOF, the Agency and Seller have executed this 2008 Real Property
Purchase and Sale Agreement and Joint Escrow Instructions (JK Partnership Property) by and
through the signatures of their authorized representative(s) set forth below:
AGENCY: Seller:
Redevelopment Agency of the City of JK Partnership, a California general
Azusa, a public body, corporate and politic partnership
By:
Name:
Its: By:
Name:
Attest: Its:
By:
Agency Secretary By:
Name:
Its:
APPROVED AS TO FORM:
Best Best&Krieger LLP
By:
Agency General Counsel
ORANGE\LMEIER\51992.8 32
c
EXHIBIT "A"
TO
2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(JK Partnership Property)
PROPERTY LEGAL DESCRIPTION
LOTS 17, 18, 19 AND 20 IN BLOCK 37 OF AZUSA, IN THE CITY OF AZUSA, AS PER
MAP RECORDED IN BOOK 15 PAGES 93 TO 96 INCLUSIVE OF MISCELLANEOUS
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
[APN 8611-004-011]
Exhibit"A"
ORANGEAI,MEIER151992.8
Property Legal Description
-
s
a
EXHIBIT "B"
TO
2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(JK Partnership Property)
FORM OF SELLER OFFICIAL ACTION
[To be attached behind this cover page]
ORANGE\LMEIER\519928 - -
�4
CERTIFICATION OF GENERAL PARTNERSHIP AUTHORITY
The undersigned members of JK PARTNERSHIP, a California general partnership (the
"Partnership"), do certify that we are all of the members of the Partnership and that there are no
other members.
We further certify that any one (1) of the following named persons:
be, and they are, authorized and empowered for and on behalf of and in the name of the
Partnership to execute and deliver that certain "2008 Real Property Purchase and Sale
Agreement and Joint Escrow Instructions," dated , 2008 between the
Redevelopment Agency of the City of Azusa, a public body, corporate and politic (the
"Agency"), and the Partnership (the "Agreement"), for the Agency to purchase certain real
property, generally referred to as 624 N. San Gabriel Avenue, City of Azusa, County of Los
Angeles, State of California, APN 8611-004-011, from the Partnership, and to perform the other
obligations of the Partnership set forth in the Agreement and all other documents to be executed
in connection with the transactions contemplated in the Agreement, and to take all actions that
may be considered necessary to conclude the transactions contemplated in the Agreement.
The authority conferred by this Certificate shall be considered retroactive, and any and all
acts authorized in this Certificate that were performed before the execution of this Certificate are
approved and ratified. The authority conferred shall continue in full force and effect until the
Agency shall have received notice in writing from the Partnership of the revocation of this
Certificate.
We further certify that the activities covered by the foregoing certifications constitute
duly authorized activities of the Partnership; that these certifications are now in full force and
effect; and that there is no provision in any document under which the Partnership is organized
and/or that governs the Partnership's continued existence or operations limiting the power of the
undersigned to make the certifications set forth in this Certificate, and that the same are in
conformity with the provisions of all such documents.
Partnership Members:
ORANGEILMEIER\51992.8
S
EXHIBIT "C"
TO
2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(JK Partnership Property)
FORM OF ESCROW AGENT CONSENT .
ESCROW AGENT CONSENT
Southland Title Escrow, in Burbank, California accepts that certain 2008 Real
Property Purchase and Sale Agreement and Joint Escrow Instructions, dated ,
by and between the Redevelopment Agency of the City of Azusa, a public body, corporate and
politic, and JK Partnership, a California general partnership, and agrees to act as "Escrow Agent"
pursuant to such agreement and agrees to be bound by all provisions of such agreement
applicable to it as the Escrow Agent.
ESCROW AGENT:
SOUTLAND TITLE ESCROW
By:
Name:
Its:
Dated:
Notice Address:
Attn:
Exhibit"C"
Form Of Escrow Agent Consent
ORANGELMEIM51992.8
EXHIBIT "D"
TO
2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(JK Partnership Property)
FORM OF GRANT DEED
[To be attached following this cover page]
Exhibit"D"
Form of Grant Deed
ORANGEU,MEIER151992.8
RECORDING REQUESTED BY:
Escrow No. and Order No.
WHEN RECORDED MAIL TO:
AND MAIL TAX STATEMENTS TO:
Redevelopment Agency of the City of Azusa
Attn: Executive Director
213 East Foothill Boulevard
Azusa, CA 91702
APN's 8611-004-011 Exempt from Recording Fees per Govt.Code §27383
Exempt from Documentary Transfer Tax per Calif.Rev.&Tax.Code§11922
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JK PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP,
does hereby grant and convey to
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body,
corporate and politic
all that certain real property situated in the City of Azusa, County of Los Angeles, State of
California, described in EXHIBIT A attached hereto and incorporated herein by reference.
Dated: JK Partnership, a California general partnership
By:
Name:
Its:
Exhibit"D"
Form of Grant Deed
ORANGEEMEIMS 1992.8 _
NOTARY ACKNOWLEDGMENT -•
(California All-Purpose Acknowledgment)
STATE OF CALIFORNIA
COUNTY OF
On before me, (insert name
and title of the officer here), personally appeared who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
ATTACHED TO: GRANT DEED
[APN 8611-004-011]
Exhibit"D"
Form of Grant Deed
ORANGEILMEIER151992.8
EXHIBIT A TO
GRANT DEED
Legal Description of Property
LOTS 17, 18, 19 AND 20 IN BLOCK 37 OF AZUSA, IN THE CITY OF AZUSA, AS PER
MAP RECORDED IN BOOK 15 PAGES 93 TO 96 INCLUSIVE OF MISCELLANEOUS
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
[APN 8611-004-0111
Exhibit"D"
Farm of Grant Deed
ORANGE\LMEIER\51992.8
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
CERTIFICATE OF ACCEPTANCE OF
GRANT DEED
[APN 8611-004-0111
This Certificate of Acceptance pertains to the interest in certain real property conveyed
by the Grant Deed dated 2008 to which this Certificate of Acceptance is
attached,
from: JK PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP
("Grantor"),
to: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a
public body, corporate and politic ("Grantee")
Said Grant Deed is hereby accepted by the undersigned officer on behalf of Grantee
pursuant to authority conferred by the Grantee's governing board, and Grantee hereby consents
to recordation of said Grant Deed.
Dated: REDEVELOPMENT AGENCY OF THE CITY OF
AZUSA, a public body, corporate and politic,
BY:
F.M. Delach
Its: Executive Director
ATTEST:
1
Agency Secretary
Exhibit"E"
Form of Rent Roll
ORANGEILMEIER\51992.5
F
EXHIBIT "E"
TO
2008 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(JK Partnership Property)
FORM OF RENT ROLL
[To be attached following this cover page]
Exhibit"E"
Form of Rent Roll
ORANGETMEIER151992.8
RENT ROLL
TO: THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a California
public entity ("Buyer")
FROM: ("Seller")
RE: ("Property")
DATED:
NAME OF TENANT:
MAILING ADDRESS:
PROPERTY ADDRESS:
APPROXIMATE TOTAL
OF SQUARE FOOTAGE:
DEPOSITS: SECURITY:
OTHER:
RENT: RATE PER MONTH: $ /month
DUE ON_ DAY OF EACH MONTH
PAID THROUGH
(but not including):
EXPENSES:
PAID BY LANDLORD:
PAID BY TENANT:
DELINQUENCIES: AMOUNT:
FOR:
NAME OF LEASE/
RENTAL AGREEMENT:
DATE OF LEASE/
RENTAL AGREEMENT:
Seller hereby represents and warrants to Buyer that:
i. The above is a full, true and correct Rent Roll of all possessors of the
Property ("Tenants") as of the Effective Date of that certain Agreement
for ?Purchase and Sale and Joint Escrow Instructions last dated
by and between Buyer and Seller; and
ii. Seller has delivered to Buyer, concurrent with delivery of this Rent Roll,
true, correct and complete copies of all rental applications from existing
Tenants, existing leases, rental agreements, including any amendments
Exhibit"E"
Form of Rent Roll
ORANGE\LMEIER\51992.8
and modification thereto, and other agreements affecting the Property
(collectively, "Tenant Lease"); copies of all documents, agreements and
other writings referenced in the Tenant Lease affecting the Tenant Lease
or the Property; and all other information that Buyer may reasonably
require, of which Seller has custody or control, to determine the credit
worthiness of each Tenant.
SELLER:
By:
By:
By:
By:
Exhibit"E"
Form of Rent Roll
ORANGE\LMEIER\51992.8 -
M
EXHIBIT "F"
TO
2007 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(JK Partnership Property)
FORM OF ASSIGNMENT AND ASSUMPTION OF TENANT LEASE AND DEPOSITS
[To be attached following this cover pagel
s
1
Exhibit"F"
ORANGE\LMEIEA\51992.8
Form of Assignment and Assumption of Tenant Lease and Deposits
'
ASSIGNMENT AND ASSUMPTION OF
TENANT LEASE AND DEPOSITS
This ASSIGNMENT AND ASSUMPTION OF TENANT LEASE AND DEPOSITS
("Assignment") is made by and between JK PARTNERSHIP, a California General
Partnership ("Assignor"); and (ii) THE REDEVELOPMENT AGENCY OF THE CITY
OF AZUSA, a California public body, corporate and politic ("Assignee"). The parties to
this Assignment have executed this Assignment on the dates set forth below next to their
respective signatures or the signatures of their authorized representatives. This Assignment shall
become effective as of the Close of Escrow, as that term is defined in the Purchase Agreement
(defined below).
Recitals
A. Assignor, as Seller, and Assignee, as Buyer, entered into that certain Agreement
of Purchase and Sale and Joint Escrow Instructions last dated ("Agreement") in
which Assignor agreed to sell and convey to Assignee all of Assignor's right, title and interest in
and to certain real property commonly described as 624 N. San Gabriel Avenue, Azusa, CA
91702 (APN 8611-004-011), located in the City of Azusa ("City"), County of Los Angeles, State
of California, more particularly described in Exhibit"A"attached to this Assignment and
incorporated into this Assignment by this reference ("Property"). All initially-capitalized terms,
including, without limitation, the term "Close of Escrow", used in this Assignment as defined
terms shall have the same meaning ascribed to them in the Agreement, unless otherwise provided
in this Assignment.
B. Assignor represents to Assignee that Assignor previously entered into certain
rental agreements/leases affecting the Property (collectively, "Tenant Lease") more particularly
described in Exhibit`B" attached to this Assignment and incorporated into this Assignment by
this reference. Assignor has accepted and retained security deposits and/or prepaid rent
(collectively, "Tenant Deposits") from tenants under the Tenant Lease in the amounts set forth
in Exhibit`B".
C. Pursuant to the Agreement, as of Close of Escrow, Assignor has agreed to assign
to Assignee all right, title, and interest of Assignor in the Tenant Lease and the remaining Tenant
Deposits, and Assignee has agreed to assume all of Assignor's obligations under the Tenant
Lease accruing after the Close of Escrow.
For good and valuable consideration received, Assignee and Assignor agree as follows:
1. Assignment. As of Close of Escrow, Assignor assigns all of Assignor's right,
title, and interest in the Tenant Lease and the remaining Tenant Deposits to Assignee. Assignee
reserves all rights to terminate the Tenant Lease pursuant to California Code of Civil Procedure
Sections 1265.110 et seq.
Exhibit"F"
ORANGEV.MEIER\51992.8
Form of Assignment and Assumption of Tenant Lease and Deposits
-
o
2. Notice to Tenants. Following the execution, conveyance and recordation of the
Grant Deed pursuant to the Agreement, Assignee, without waiving any rights it may have under
California Code of Civil Procedure Sections 1265.110 et seg„ shall give notice to the tenants
under the Tenant Leases that Assignee has acquired Assignor's right, title and interest in the
Tenant Leases.
3. Assumption. The Assignee assumes all of Assignor's obligations, duties,
responsibilities, and liabilities under the Tenant Lease accruing after the Close of Escrow.
4. Assignor's Covenants. Assignor represents, warrants and covenants to Assignee
that: (i)the Tenant Lease is in full force and effect; (ii)there are no known defaults of Assignor
under the Tenant Lease; and (iii) no known acts or events have occurred which with the passing
of time or the giving of notice, or both, could later become defaults of Assignor or any of the
Tenants under the Tenant Lease.
5. Indemnity. Assignor shall indemnify, protect, defend and hold harmless
Assignee, and Assignee's successors and assigns of interest in the Tenant Lease, from and
against any loss, cost or expense, including attorneys' fees and court costs, relating to the Tenant
Lease based on events occurring on or before the Close of Escrow. Assignee shall indemnify,
protect, defend and hold harmless Assignor from and against any loss, cost or expense, including
attorneys' fees and court costs, relating to the Tenant Lease based on events occurring after the
Close of Escrow.
6. Successors. This Assignment shall be binding on and inure to the benefit of
Assignor and Assignee and their successors and assigns.
7. Severability. If any term or provision of this Assignment shall be held invalid or
unenforceable, the remainder of this Assignment shall not be affected.
8. Waivers. No waiver.or breach of any covenant or provision of this Assignment
by Assignor or Assignee shall be deemed a waiver of any other covenant or provision by
Assignor or Assignee, and no waiver shall be valid unless in writing and executed by the waiving
party.
9. Construction. Headings of sections in this Assignment are solely for
convenience of reference of Assignor and Assignee, are not a part of this Assignment, and shall
not be used to interpret this Assignment. The singular form shall include plural and vice versa.
This Assignment shall not;be construed as if it had been prepared by one of the parties, but rather
as if both parties have prepared it. Unless otherwise indicated, all references to sections in this
Agreement are to this Assignment.
10. Counterparts. This Assignment may be executed in one or more counterparts,
each of which shall be deemed an original and all of which taken together shall constitute one
and the same instrument.
Exhibit' 1
ORANGEILMEIER151992.8 Form of Assignment and Assumption of Tenant Lease and Deposits
11. Amendment. This Assignment may not be amended or altered except by a
written instrument executed by all of the parties to this Assignment.
12. Further Assurances. Whenever requested to do so by the other party, each party
shall execute, acknowledge, and deliver any further conveyances, assignments, confirmations,
satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents,
and any further instruments or documents that are reasonably necessary, expedient, or proper to
complete any conveyances, transfers, sales, and assignments contemplated by this Assignment.
In addition, each party shall do any other reasonable acts and execute, acknowledge, and deliver
any reasonably requested documents in order to carry out the intent and purpose of this
Assignment.
13. Third-Party Rights. Nothing in this Assignment, express or implied, is intended
to confer upon any person, other than the parties to this Assignment and their respective
successors and assigns, any rights or remedies.
14. Legal Fees. In the event of the bringing of any action or proceeding to enforce
or construe any of the provisions of this Assignment,the prevailing party in such action or
proceedings, whether by final judgment or out of court settlement, shall be entitled to have and
recover of and from the other party all costs and expenses of suit, including actual attorney fees.
15. Governing Law. This Assignment shall be governed and construed in
accordance with California law.
16. Effective Date. This Assignment shall become effective as of the date of Close
of Escrow pursuant to the Agreement.
IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of
the date(s) set forth below next to their respective signatures or the signatures of their authorized
representatives, below.
[Signatures on the following pages]
Exhibit"F"
ORANGEILMEIER\51992.8 Form of Assignment and Assumption of Tenant Lease and Deposits
l:
w
SIGNATURE PAGE TO
ASSIGNMENT AND ASSUMPTION OF
TENANT LEASE AND SECURITY DEPOSITS
ASSIGNOR:
Date: By:
Date: By:
ASSIGNEE:
s
THE REDEVELOPMENT AGENCY OF
THE CITY OF AZUSA,
a public body corporate and politic
Date: By:
F.M. Delach
Executive Director
p
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
BEST BEST&KRIEGER LLP
By:
Agency Counsel
Exhibit"F"
ORANGE\C.MEIER151992.8 Form of Assignment and Assumption of Tenant Lease and Deposits
EXHIBIT A TO
ASSIGNMENT AND ASSUMPTION OF
TENANT LEASE AND DEPOSIT
Legal Description of Property
LOTS 17, 18, 19 AND 20 IN BLOCK 37 OF AZUSA, IN THE CITY OF AZUSA, AS PER
MAP RECORDED IN BOOK 15 PAGES 93 TO 96 INCLUSIVE OF MISCELLANEOUS
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
[APN 8611-004-011]
0RANGE\LMEIER151992.8
`r.
EXHIBIT B TO
ASSIGNMENT AND ASSUMPTION OF
TENANT LEASE AND DEPOSITS
Tenant Lease and Tenant Deposits.
NAME OF TENANT:
MAILING ADDRESS:
PROPERTY ADDRESS:
APPROXIMATE TOTAL
OF SQUARE FOOTAGE:
DEPOSITS: SECURITY:
OTHER:
RENT: RATE PER MONTH: _/month
DUE ON_DAY OF EACH MONTH
PAID THROUGH
(but not including):
EXPENSES:
PAID BY LANDLORD:
PAID BY TENANT:
DELINQUENCIES: AMOUNT:
FOR:
NAME OF LEASE/
RENTAL AGREEMENT:
DATE OF LEASE/
RENTAL AGREEMENT:
f
ORANGE\LMEIER\51992.8
TABLE OF CONTENTS
Page -
ARTICLE 1 DEFINITIONS ................................................................................................. 1
1.1 Defined Terms ........................................................................................................ 1
ARTICLE 2 CONVEYANCE OF PROPERTY.................................................................. 9
2.1 Escrow..................................................................................................................... 9
2.2 Seller's Disclosure Documents...........................................................10
2.3 Agency Deposit...............................................................................10
2.4 Payment of Purchase Price ................................................................................... 10
2.5 Title Approval....................................................................................................... 10
2.6 Due Diligence Investigations................................................................................ 11
2.7 Eminent Domain................................................................................................... 12
2.8 Seller Covenants Regarding Maintenance of the Property................................... 12
2.9 Seller and Tenant Waiver of Relocation Benefits and Owner Participation
Rights.........................................................................................13
2.10 Seller Representations and Warranties. ................................................................ 14
ARTICLE 3 JOINT ESCROW INSTRUCTIONS.............................................................. 16
3.1 Opening of Escrow............................................................................................... 16
3.2 Escrow Agent Authority....................................................................................... 16
3.3 Agency's Conditions to Close of Escrow............................................................. 16
3.4 Seller's Conditions to Close of Escrow................................................................ 17
3.5 Agency's Escrow Deposits................................................................................... 18
3.6 Seller's Escrow Deposits...................................................................................... 18
3.7 Closing Procedure................................................................................................. 18
3.8 Close of Escrow.................................................................................................... 20
3.9 Withholding Requirements................................................................................... 20
3.10 Taxes and.Prorations............................................................................................. 20
3.11 Possession; Risk of Loss....................................................................................... 20
3.12 Escrow Closing Costs, Taxes and Title Policy Premium..................................... 21
3.13 Escrow Cancellation Charges............................................................................... 21
3.14 Escrow Cancellation............................................................................................. 21
3.15 Escrow Notices..................................................................................................... 20
ORANGE\LMEIERX51992.8 _i_
N
TABLE OF CONTENTS
(continued)
Page
ARTICLE 4 EXISTING TENANT LEASES ..................................................................... 22
4.1 Tenant Leases .....................................................................:.................................. 22
4.2 Rent Roll; Tenant Lease ....................................................................................... 22
4.3 Acceptance of Tenant Lease; Assignment and Assumption of Tenant Lease and
Deposits ................................................................................................................ 22
4.4 Notice to Tenants.................................................................................................. 23
4.5 Deposit Original Tenant Lease............................................................................. 23
4.6 Unrecorded Possessory Interests .......................................................................... 23
ARTICLE 5 REMEDIES AND INDEMNITY................................................................... 23
5.1 PRE-CLOSING LIQUIDATED DAMAGES TO SELLER................................ 23
5.2 Seller Event of Default Remedies of Agency....................................................... 24
5.3 Legal Actions........................................................................................................ 24
5.4 Rights and Remedies are Cumulative................................................................... 24
5.5 Indemnification..................................................................................................... 24
5.6 Indemnification Procedures.................................................................................. 25
ARTICLE 5 GENERAL PROVISIONS............................................................................. 26
5.1 Incorporation of Recitals ...................................................................................... 26
5.2 City Not a Party.................................................................................................... 26
5.3 Executive Director Implementation...................................................................... 26
5.4 Notices, Demands and Communications Between the Parties............................. 26
5.5 Warranty Against Payment of Consideration for Agreement............................... 27
5.6 Relationship of Parties.......................................................................................... 27
5.7 Survival of Agreement.......................................................................................... 27
5.8 Non-liability of Officials, Employees and Agents ............................................... 27
5.9 Calculation of Time Periods................................................................................. 28
5.10 Principles of Interpretation................................................................................... 28
5.11 Governing Law..................................................................................................... 28
5.12 Agency Attorney Fees and Costs.......................................................................... 28
5.13 Unavoidable Delay; Extension of Time of Performance...................................... 28
5.14 Real Estate Commissions ..................................................................................... 29
0RANGE\LMEIER\51992.8 -ii-
i.
TABLE OF CONTENTS ►
(continued) 4
Page
5.15 Binding on Successors and Assigns ..................................................................... 30
5.16 No Other Representations or Warranties.............................................................. 30
5.17 Tax Consequences................................................................................................ 30
5.18 No Third-Party Beneficiaries................................................................................ 30
5.19 Execution in Counterparts .................................................................................... 30
5.20 Entire Agreement.................................................................................................. 30
5.21 Exhibits................................................................................................................. 30
5.22 Time Declared to be of the Essence...................................................................... 31
5.23 No Waiver............................................................................................................. 31
EXHIBIT"A"—PROPERTY LEGAL DESCRIPTION
EXHIBIT"B"—FORM OF SELLER OFFICIAL ACTION
EXHIBIT"C"—FORM OF ESCROW AGENT CONSENT
EXHIBIT "D"—FORM OF GRANT DEED
EXHIBIT "E"—FORM OF RENT ROLL
EXHIBIT "F"— FORM OF ASSIGNMENT AND ASSUMPTION OF TENANT LEASE AND
DEPOSITS
ORANGETMEIERM992.8 -111-
4
EXHIBIT B
r RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
APPROVING A PURCHASE AND SALE AGREEMENT WITH JK PARTNERSHIP FOR
THE PURCHASE OF 624 NORTH SAN GABRIEL AVENUE - APN: 8611-004-011 IN ITS
ENTIRETY WITHIN THE MERGED CENTRAL BUSINESS DISTRICT AND WEST
END REDEVELOPMENT PROJECT AREA
WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") is engaged in activities
necessary to execute and implement the Redevelopment Plan of the City of Azusa ("Redevelopment Plan") as it
pertains to the Merged Central Business District And West End Project Area("Project Area'); and
WHEREAS, X Partnership, ("Owner") is the owner of certain real property located within the Project
Area, generally described as 624 North San Gabriel Avenue - APN: 8611-004-011, in its entirety("Property"), and
more particularly described in Exhibit A. attached hereto and incorporated herein by reference; and
WHEREAS, the Owner desires to sell the Property to the Agency and the Agency desires to purchase the
Property from the Owner in accordance with the terms and conditions set forth in the purchase and sale agreement
attached hereto as Exhibit B and incorporated herein by reference ("Agreement"); and
WHEREAS, the Agency is authorized to acquire the Property for purposes of redevelopment pursuant to
Section 33391 of the Community Redevelopment law(Health& Safety Code § 33000, et seq); and
WHEREAS, the acquisition of the Property will assist the Agency's goal to revitalize and improve the
retail and residential opportunities in the Project Area and further assist the City's efforts in transforming the
downtown into a transit village that is more prosperous,walkable,healthy and economically viable; and
WHEREAS, this Agreement pertains to and affects the ability of the Agency to finance its activities and
carry out its statutory obligations and the goals of the Redevelopment Plan. It is intended to be a contract within
the meaning of Government Code §53511; and
WHEREAS, in taking this action, the Agency has determined that the acquisition of the property is not a
"project" under the provisions of the California Environmental Quality Act, the California Environmental Quality
Act Guidelines (Title 14 C.C.R. §15004)and the City of Azusa's environmental procedures.
NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Redevelopment Agency of the
City of Azusa as follows:
SECTION 1. All of the Recitals set forth above are true and correct.
SECTION 2. Based on all of the foregoing, the Agency hereby approves the Agreement for the purchase
of certain real property generally located at 624 North San Gabriel Avenue - APN: 8611-004-011 in its entirety
more particularly described in Exhibit A and attached hereto and incorporated herein by reference. The Agency
further authorizes the Chairperson to execute said Agreement.
SECTION 3. A copy of the Agreement shall be kept on file at City Hall. Staff is directed to do all that is
necessary to effectuate the intent of the Agreement and consummate the purchase of the Property.
SECTION 4. The Agency Secretary shall certify the adoption of this Resolution.
PASSED AND APPROVED this 5`h day of January, 2009.
t
I HEREBY CERTIFY that the foregoing Resolution was duly passed, approved, and adopted by the;-
Board of Directors of the Redevelopment Agency of the City of Azusa, at a regular meeting of said Board held
on the 5`h day of January, 2009, by the following vote of the Board:
AYES: BOARDMEMBERS:
NOES: BOARDMEMBERS:
ABSTAIN: BOARDMEMBERS:
ABSENT: BOARDMEMBERS:
Secretary
3
t
9
I
's
w
s
Exhibit A
To PSA Resolution
Legal Description of Property
APN: 8611-004-011
Commonly known as 624 North San Gabriel Avenue, Azusa, California 91702-2945
Lots 17, 18, 19 and 20, in Block 37 of Azusa, in the City of Azusa, as per map recorded in Book 15, pages 93 to
96 inclusive of Miscellaneous Records, in the office of the County Recorder of said County.
•
AGENCY SCHEDULED ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD
FROM: KURT E. CHRISTIANSEN, ECONOMIC/COMMUNITY DEVELOPMENT
DIRECTOR
VIA: F.M. DELACH, CITY MANAGER
DATE: JANUARY 5, 2009
SUBJECT: CONSIDERATION OF A RESOLUTION OF NECESSITY AUTHORIZING USE OF
EMINENT DOMAIN POWER TO ACQUIRE,FOR REDEVELOPMENT,A PARCEL
OF REAL PROPERTY IN THE CITY OF AZUSA LOCATED AT 830 NORTH AZUSA
AVENUE
RECOMMENDATION
Agency staff recommends that the Agency's Board of Directors adopt a Resolution of Necessity
authorizing use of the Agency's eminent domain authority to acquire a parcel of vacant non-residential
real property within the Agency's Merged Central Business District Area located at 830 North Azusa
Avenue, in the City of Azusa(the "Subject Property").
BACKGROUND
1. In 1978,the Azusa Redevelopment Agency adopted its first redevelopment plan to
revitalize the Central Business District Area,the City's main commercial hub. The plan had the following
goals: (a)to develop convenient commercial facilities providing a wide variety of goods and services to
nearby residents; (b) to ensure an economically vibrant commercial sector in the area that serves as a
community meeting place; (c) to promote strong investment in, and community support for, a central
business district in the City; and (d) to revitalize Azusa's central business district.
2. In 2003 and again in 2006 the Agency amended and adopted the Amended and
Restated Redevelopment Plan(the"Plan")to eliminate blight and to conserve,rehabilitate,and redevelop
non-residential properties in the Merged Central Business District and West End Redevelopment Projects.
Among the blight conditions in the Central Business District identified by the Agency that the Plan seeks
to alleviate are: (1) deteriorated and/or dilapidated .structures; (2) substandard design and physical
obsolescence of structures; (3) incompatible land uses; (4) small or odd shaped independently-owned
parcels, incompatible with future modern development; (5) vacancies or abandoned buildings; and (6)
inadequate public improvements.
3. The Subject Property is non-residential unimproved land situated within the
Merged Central Business District and individually identified in the 2006 amendment of the Plan as
The Honorable Chairman and Members of the Agency Board
Subject:Use of Eminent Domain to acquire 830 N.Azusa Aveoe
January 5,2009 -
Page 2 of 4 - -
properties over which the Agency has the power of eminent domain. Furthermore,the Agency identified
evidence of physical and economic blight among and around the Subject Property, including: dilapidated
structures; adjacent incompatible land uses; small or odd shaped parcels; vacant or under-utilized
buildings and land;and inadequate public improvements,including inadequate off-street parking. Based
on the findings of physical and economic conditions of blight in the Central Business District,the Subject
Property was identified for redevelopment in the Plan. Assemblage of the Subject Property with adjoining
property by the Agency will make available larger properties for future redevelopment in accordance with
the Agency's redevelopment and land use goals to the benefit of the redevelopment area and the City as a
whole. Absent Agency action, future assemblage and redevelopment of the Subject Property with
adjoining property within the Merged Central Business District would not be possible.
4. In accordance with Government Code section 7267.2, the Agency has had the
Subject Property appraised by a qualified appraiser and extended a written offer to purchase to the owner
of record, for no less than the Subject Property's appraised fair market value. Additionally,the Agency
and/or its acquisition consultants have contacted the owner of the Subject Property in an attempt to
negotiate a purchase. To date,the owner of the Subject Property has not accepted the Agency's offer to
purchase. The Agency,nevertheless,remains willing to work with owner of the Subject Property in order
to reach a mutually acceptable acquisition agreement.
RESOLUTION PREREQUISITES
5. For the reasons stated herein,Agency staff believes that acquisition by the Agency
of the Subject Property for assemblage and redevelopment is a public use, that the Subject Property is
necessary for such redevelopment and/or assemblage,that the assemblage project is designed in a manner
consistent with the greatest public good and least private injury, and that an appraisal and offer in
accordance with Government Code section 7267.2 has been made to the owner of record of the
aforementioned property. Therefore, staff believes that all legal prerequisites to the adoption of a
Resolution ofNecessity are present. Below is an analysis of how acquisition of the Subject Property could
assist in accomplishing some of the Agency's Plan goals as well as the City's Land Use Element Goals
and Economic Development Goals:
AGENCY'S PLAN GOALS
6. The goals of the Agency's Plan include: (1) elimination of areas suffering from
economic dislocation and disuse; (2) replanning, redesign and/or redevelopment of areas which are
stagnant or improperly utilized, which could not be accomplished by private enterprises acting alone
without public participation and assistance; (3) protecting and promoting sound development and
redevelopment of blighted areas by remedying the conditions through the employment of appropriate
means; (4)installation of new and replacement of existing public improvements; and(5)other means as
deemed appropriate. To accomplish the above goals, the Plan authorizes Agency acquisition of non-
residential real property, including by eminent domain, and redevelopment of same.
7. The acquisition of the Subject Property by eminent domain is in furtherance of the
goals of the Agency as it will help eliminate an area within the Central Business District that has been
identified by the Agency as blighted, stagnant and/or suffering from disuse. Acquisition by the Agency
The Honorable Chairman and Members of the Agency Board
Subject:Use of Eminent Domain to acquire 830 N.Azusa Avenue
January 5,2009 .
Page 3 of 4
will permit future replanning and redevelopment of the Central Business District,in a manner which could
not be accomplished without the Agency's use of the power of eminent domain,to permit the assemblage
of properties under separate ownership for coordinated modern development with adjoining property.
CITY'S LAND USE ELEMENT GOALS:
8. Land Use: Districts
GOAL 4 --Azusa will have a thriving and well balanced business sector located within
three pedestrian oriented districts that provide dining, retail, office, and entertainment experiences, and
one industrial/technology district that provides "tech-driven" manufacturing, warehousing, and other
industrial uses and supporting commercial uses.
The assemblage project may assist in enabling the construction of new commercial stores
and/or mixed uses which will help to revitalize the Central Business District. Though no specific project
has been identified for the site at this time,a goal of the project will be to provide a"distinctive"shopping
experience that emphasizes pedestrian oriented commercial and residential uses in a mixed-use setting.
Outdoor "sidewalk" dining and other similar uses will be encouraged to "activate" public spaces. It is
anticipated that the building and site layouts will link individual buildings, public plazas, and parking
facilities with each other through the use of walkways and sidewalks and other amenities that contribute to
pedestrian oriented activities. The design of the buildings will be compatible with the historic architecture
in the area. The redevelopment of the Subject Property with adjoining properties will contribute to the
maintenance of a distinctive and pleasant physical environment through public streetscape and street
amenities (water fountains, shaded benches, shaded bus shelters, trash receptacles, pedestrian scaled
lighting, public and entry signage, etc.). Examples of future uses could include a variety of retail stores,
restaurants, and entertainment, art and cultural events, public plazas and gathering places. The retail
component will emphasize tax generating uses that are active each day of the week.
9. Land Use: Commercial and Mixed Use
GOAL 5--Allow for and encourage the intensifcation ofcommercial uses in the corridors
and the districts to provide economic stability and to provide residents with essential goods and services.
The intensification of commercial uses in the Central Business District will be achieved
through the application of the Development Code standards which may reduce the amount of parking,and
minimize setbacks. The structures will be sited and designed to enhance pedestrian activity along the
sidewalks, by incorporating uses in the first floor along the street frontage that stimulate pedestrian
activity,encouraging professional offices and other similar uses to be located in the rear or above the first
floor.
CITY'S ECONOMIC DEVELOPMENT GOALS AND POLICIES
10. Build a Strong, Diverse Economy
GOAL I —Build and maintain a strong, diverse economy in Azusa.
The Honorable Chairman and Members of the Agency Board
Subject:Use of Eminent Domain to acquire 830 N.Azusa Avenue -
January 5,2009
Page 4 of 4
Eventual commercial and/or mixed-use redevelopment in the Central Business District
is consistent with an overall strategy to use land resources efficiently.
11. Diversification of Revenue Base
GOAL 9.- Create a diverse and balanced revenue base with long-term value, avoiding
excess reliance on a single revenue source.
The Subject Property can be redeveloped in the future to help build a high-quality retail
base that can hold value over time and adapt to changing circumstances. This will, in tum, help
promote a quality housing stock in Azusa that will appreciate in value over time. Assemblage of the
Subject Property with adjoining property promotes the more efficient used of land for business
development that can support the City's property tax base and generate sales tax revenues.
12. Strengthening of Revenue Base
GOAL 10 -- Strengthen the retail and commercial base.
Eventual redevelopment of the inefficiently developed properties(including the vacant
Subject Property)will help to enhance the identity of Downtown and strengthen retail and commercial
base. The project area can be used to help promote Azusa's competitiveness at the regional and sub-
regional level. Successful redevelopment of the project area can help to attract more new development
by showing Azusa's commitment to redevelopment.
CALIFORNIA ENVIRONMENTAL QUALITY ACT("CEOA") COMPLIANCE
13. The Agency has complied with California Environmental Quality Act (CEQA).
The proposed action to acquire property is in furtherance of the Merged Central Business District and
West End Project Areas Redevelopment Plan,as amended, The Redevelopment Plan was analyzed under
the previously certified Environmental Impact Report (Amendments for the Merged Central Business
District/West End Redevelopment Projects, State Clearinghouse No.2003041073).Per CEQA Guidelines
Sections 15180, 15162,and 115163,acquisition of parcels for consolidation and development,and actions
to encourage redevelopment in a redevelopment area were deemed approved at the time of adoption of the
redevelopment plan. No further environmental review is required at this time. When the Agency
considers a development proposal that includes the Subject Property it will revisit whether further CEQA
review is required. e
CONCLUSION
Based on all of the foregoing reasons, it is recommended that the Board of Directors adopt the
proposed Resolution of Necessity.
Attachment: (1) Resolution'
DRAFT
RESOLUTION NO.
RESOLUTION OF THE AZUSA REDEVELOPMENT AGENCY
AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN
THE CITY OF AZUSA FOR ASSEMBLAGE FOR FUTURE REDEVELOPMENT
THE BOARD OF DIRECTORS OF THE AZUSA REDEVELOPMENT AGENCY DOES
HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1
That the public interest and necessity require the acquisition of the hereinafter described
parcel of real property, in fee simple absolute (the "Subject Property"), for a proposed public
project, to wit, for assemblage for redevelopment purposes and the elimination of blight
(hereinafter the "Project'), as authorized pursuant to: (1) California Health & Safety Code
sections 33342, 33391; (2) California Code of Civil Procedure sections 1240.010, 1240.110,
1240.120; and (3)Article I, section 19 of the Constitution of the State of California.
Section 2
That the Board of Directors of the Redevelopment Agency, of the.City of Azusa (the
"Agency") hereby finds and determines, based on the staff report, and other testimony and
evidence, that:
a. The public interest and necessity require the Project;
b. The Project is planned or located in the manner that will be most compatible with
the greatest public good and the least private injury;
c. The Subject Property is necessary for the Project; and,
d. The offer required by section 7267.2 of the Government Code has been made to
the owner of record of the Subject Property.
Section 3
That the Agency, in accordance with eminent domain provisions of California
Redevelopment law and the Constitution of the State of California, is hereby authorized and
empowered to acquire by condemnation the Subject Property, which is located at 830 North
Azusa Avenue, in the City of Azusa, and further described in Exhibit "A,"hereto.
I
Section 4
That the Agency',s legal counsel be, and hereby is, authorized to institute eminent domain
proceedings in the Los Angeles County Superior Court, for the purposes set forth above, and to
take all action necessary to acquire the Subject Property in the name of the Agency. .
1
Section 5
i
_.That the public interest and necessity further require the taking of prejudgment
possession of the Subject Property and the Agency's counsel is authorized to institute
proceedings for taking prejudgment possession of the Subject Property, upon complying with the
requirements of the law applicable thereto; and that the total sum fixed by the Superior Court as
its order determining and establishing the deposit amount for said prejudgment possession be
deposited into Court, as provided by Code of Civil Procedure section 1255.010, et seq.
Section 6
That the Agency has complied with California Environmental Quality Act (CEQA). The
proposed action to acquire property is in furtherance of the Merged Central Business District and
West End Project Areas Redevelopment Plan, as amended. The Redevelopment Plan was
analyzed under the previously certified Environmental Impact Report (Amendments for the
Merged Central Business District/West End Redevelopment Projects State Clearinghouse No.
2003041073). Per CEQA Guidelines Sections 15180, 15162, and 15163, acquisition of parcels
for consolidation and development, and actions to encourage redevelopment in a redevelopment
area were deemed approved at the time of adoption of the redevelopment plan. No finther
environmental review is required at this time. When the Agency considers a development
proposal that includes the Subject Property, or any of them, it will revisit whether further CEQA
review is required.
Section 7
The Agency's legal counsel and counsel designated by Agency's legal counsel are hereby
authorized to incur, on behalf of the Agency, all necessary expenses for preparation and trial of
the action, including, but,not limited to:
a. Authorizing additional work by appraisers and consultants to prepare appraisal
and consultant reports, or to cover additional line or lines of inquiry not covered in the earlier
consultant reports; y
b. Engaging!oneor more additional appraisers in the event the Agency's counsel
feels such step is advisle;
1
c. Preparing; maps, charts, diagrams, photographs, and reports in the event such
printing is necessary;
d. Authorizing payment to appraisers and consultants for the time spent on pre-trial
conferences and field trips to inspect the Subject Property;
e. Incurring such additional expenses including the cost of providing clerical,
paralegal and attorney services on behalf of the Agency as in the judgment of the Agency's
counsel shall be necessary to the trial preparation for, and trial of, said proceedings; and,
f. Incurring defendant's "ordinarycourt costs (e.g. filing fees), as provided for in
Code of Civil Procedure section 1268.710.
APPROVED AS TO FORM
Counsel for the Redevelopment
Agency of the City of Azusa
PASSED, APPROVED AND ADOPTED this_ day of January, 2009.
Title:
Redevelopment Agency of the City of Azusa
ATTEST:
I, Secretary of the Redevelopment Agency of the City of
Azusa, do hereby certify that the foregoing Resolution of Necessity was duly and regularly
adopted by the Azusa Redevelopment Agency at a regular meeting held on January 2009,
by the following vote:
Aye:
Nays:
Absent:
Abstain:
Dated this_day of January, 2009.
Title:
Redevelopment Agency of the City of Azusa
53131.1
EXHIBIT "A"
APN: 8608-025-013
, LOT 34 BLOCK 20 OF AZUSA TRACT IN THE CITY OF AZUSA, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 15, PAGES 93 TO 96 INCLUSIVE OF MISCELLANEOUS RECORDS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
i
d9
AGENCY SCHEDULED ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD
FROM: KURT E. CHRISTIANSEN, ECONOMIC/COMMUNITY DEVELOPMENT
DIRECTOR
i
VIA: F.M. DELACH, CITY MANAGER
DATE: JANUARY 5, 2009
SUBJECT: CONSIDERATION OF A RESOLUTION OF NECESSITY AUTHORIZING USE OF
EMINENT DOMAIN POWER TO ACQUIRE,FOR REDEVELOPMENT,A PARCEL
OF REAL PROPERTY IN THE CITY OF AZUSA LOCATED AT 17511 EAST
ARROW HIGHWAY
RECOMMENDATION
Agency staff recommends that the Agency's Board of Directors adopt a Resolution of Necessity
authorizing use of the Agency's eminent domain authority to acquire a parcel of non-residential real
property within the Agency's Merged Central Business District Area located at 17511 East Arrow
Highway, in the City of Azusa(the "Subject Property").
BACKGROUND
1. In 1978,the Azusa Redevelopment Agency adopted its first redevelopment plan to
revitalize the Central Business District Area,the City's main commercial hub. The plan had the following
goals: (a)to develop convenient commercial facilities providing a wide variety of goods and services to
nearby residents; (b) to ensure an economically vibrant commercial sector in the area that serves as a
community meeting place; (c) to promote strong investment in, and community support for, a central
business district in the City; and (d)to revitalize Azusa's central business district.
2. In 2003 and again in 2006 the Agency amended and adopted the Amended and
Restated Redevelopment Plan(the"Plan")to eliminate blight and to conserve,rehabilitate,and redevelop
non-residential properties in the Merged Central Business District and West End Redevelopment Projects.
Among the blight conditions in the Central Business District identified by the Agency that the Plan seeks
to alleviate are: (1) deteriorated and/or dilapidated structures; (2) substandard design and physical
obsolescence of structures; (3) incompatible land uses; (4) small or odd shaped independently-owned
parcels, incompatible with future modern development; (5) vacancies or abandoned buildings; and (6)
inadequate public improvements.
The Honorable Chairman and Members of the Agency Board
Subject:Use of Eminent Domain to acquire 17511 E,.Arrow Highway
January 5,2009 R' -
Page 2 of 4 - - -
3. The Subject Property is non-residential improved land situated within the Merged
Central Business District and individually identified in the 2003 amendment of the Plan. Furthermore,the
Agency identified evidence of physical and economic blight among and around the Subject Property,
including: deteriorated and dilapidated structures with substandard design; vacant lots; small or odd
shaped parcels; vacant or under-utilized buildings and land; and inadequate public improvements,
including inadequate parking. Based on the findings of physical and economic conditions of blight in the
Central Business District,the Subject Property was identified for redevelopment in the Plan.In 2008,the
Subject Property and adjoining properties were annexed by the City to facilitate redevelopment and create
an enhanced entryway into the City. Assemblage of the Subject Property with adjoining property by the
Agency will make available larger properties for future redevelopment in accordance with the Agency's
redevelopment and land use goals to the benefit of the redevelopment area and the City as a whole.
Absent Agency action, future assemblage and redevelopment of the Subject Property with adjoining
property within the Merged Central Business District would not be possible.
4. In accordance with Government Code section 7267.2, the Agency has had the
Subject Property appraised by a qualified appraiser and extended a written offer to purchase to the owner
of record, for no less than the Subject Property's appraised fair market value. Additionally, the Agency
and/or its acquisition consultants have contacted the owner of the Subject Property in an attempt to
negotiate a purchase. To date, the owner of the Subject Property has not accepted the Agency's offer to
purchase. The Agency,nevertheless,remains willing to work with owner of the Subject Property in order
to reach a mutually acceptable acquisition agreement.
RESOLUTION PREREQUISITES
5. For the reasons stated herein,Agency staff believes that acquisition by the Agency
of the Subject Property for assemblage and redevelopment is a public use, that the Subject Property is
necessary for such redevelopment and/or assemblage,that the assemblage project is designed in a manner
consistent with the greatest.public good and least private injury, and that an appraisal and offer in
accordance with Government Code section 7267.2 has been made to the owner of record of the
aforementioned property. Therefore, staff believes that all legal prerequisites to the adoption of a
Resolution of Necessity are present. Below is an analysis of how acquisition of the Subject Property could
assist in accomplishing some of the Agency's Plan goals as well as the City's Land Use Element Goals
and Economic Development Goals:
AGENCY'S PLAN GOALS
6. The goals of the Agency's Plan include: (1) elimination of areas suffering from
economic dislocation and disuse; (2) replanning, redesign and/or redevelopment of areas which are
stagnant or improperly utilized, which could not be accomplished by private enterprises acting alone
without public participation' and assistance; (3) protecting and promoting sound development and
redevelopment of blighted areas by remedying the conditions through the employment of appropriate
means; (4)installation of new and replacement of existing public improvements; and(5)other means as
deemed appropriate. To accomplish the above goals, the Plan authorizes Agency acquisition of non-
residential real property, including by eminent domain,.and redevelopment of same. .
The Honomble Chairman and Members of the Agency Board
Subject:Use of Eminent Domain to acquire 17511 E.Arrow Highway
January 5,2009
Page 3 of 4 _
7. The acquisition of the Subject Property by eminent domain is in furtherance of the
goals of the Agency as it will help eliminate an area within the Central Business District that has been
identified by the Agency as blighted, stagnant and/or suffering from disuse. Acquisition by the Agency
will permit future replanning and redevelopment of the Central Business District,in a manner which could
not be accomplished without the Agency's use of the power of eminent domain,to permit the assemblage
of properties under separate ownership for coordinated modern development with adjoining property.
CITY'S LAND USE ELEMENT GOALS:
8. Land Use: Districts
GOAL 4 --Azusa will have a thriving and well balanced business sector located within
three pedestrian oriented districts thatprovide dining, retail, office, and entertainment experiences, and
one industrial/technology district that provides "tech-driven" manufacturing, warehousing, and other
industrial uses and supporting commercial uses.
The assemblage project may assist in enabling the construction of new commercial stores,
restaurants and/or mixed uses which will help to revitalize the Central Business District. Though no
specific project has been identified for the site at this time, a goal of the project will be to provide a
"distinctive" shopping experience that emphasizes pedestrian oriented commercial uses at this southern
gateway to the City. Outdoor"sidewalk" dining and other similar uses will be encouraged to "activate"
public spaces. It is anticipated that the building and site layouts will link individual buildings, public
areas,and parking facilities with each other through the use of walkways,sidewalks and other amenities
that contribute to pedestrian oriented activities. The design of the buildings will be compatible with the
architecture in the area. The redevelopment of the Subject Property with adjoining properties will
contribute to the maintenance of a distinctive and pleasant physical environment.Examples of future uses
could include a variety of retail stores,restaurants, and entertainment,public plaza and gathering places.
The retail component will emphasize tax generating uses that are active each day of the week.
9. Land Use: Commercial and Mixed Use
GOAL 5--Allow for and encourage the intensification ofcommercial uses in the corridors
and the districts to provide economic stability and to provide residents with essential goods and services.
The intensification of commercial uses in the Central Business District will be achieved
through the application of the Development Code standards which will allow an intensification of
development opportunities on a currently underutilized site. The structures will be sited and designed to
enhance pedestrian activity along the sidewalks and to provide a major aesthetic impact and shopping
experience at the southern gateway to the City.
CITY'S ECONOMIC DEVELOPMENT GOALS AND POLICIES
10. Build a Strong, Diverse Economy
GOAL I —Build and maintain a strong, diverse economy in Azusa. .
The Honorable Chairman and Members of the Agency Board
Subject:Use of Eminent Domain to acquire 11511 E.Arrow Highway
January 5,2009
Page 4 of 4
Eventual commercial and/or mixed-use redevelopment in the Central Business District
is consistent with an overall strategy to use land resources efficiently.
11. Diversification of Revenue Base
GOAL 9--Create a diverse and balanced revenue base with long-term value, avoiding
excess reliance on a single revenue source.
The Subject Property can be redeveloped in the future to help build a high-quality retail
base that can hold value over time and adapt to changing circumstances. This will, in turn, help
promote a quality housing stock in Azusa that will appreciate in value over time. Assemblage of the
Subject Property with adjoining property promotes the more efficient used of land for business
development that can support the City's property tax base and generate sales tax revenues.
12. Strengthening of Revenue Base
GOAL 10 --Strengthen the retail and commercial base.
Eventual redevelopment of the inefficiently developed properties(including the vacant
Subject Property)will help to enhance the identity of Downtown and strengthen retail and commercial
base. The project area can be used to help promote Azusa's competitiveness at the regional and sub-
regional level. Successful redevelopment of the project area can help to attract more new development
by showing Azusa's commitment to redevelopment.
CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") COMPLIANCE
13. The Agency has complied with California Environmental Quality Act (CEQA).
The proposed action to acquire property is in furtherance of the Merged Central Business District and .
West End Project Areas Redevelopment Plan,as amended. The Redevelopment Plan was analyzed under
the previously certified Environmental Impact Report (Amendments for the Merged Central Business
District/West End Redevelopment Projects,State Clearinghouse No.2003041073).Per CEQA Guidelines
Sections 15180, 15162,and 15163,acquisition of parcels for consolidation and development,and actions
to encourage redevelopment in a redevelopment area were deemed approved at the time of adoption of the
redevelopment plan. No further environmental review is required at this time. When the Agency
considers a development proposal that includes the Subject Property it will revisit whether further CEQA
review is required.
CONCLUSION
Based on all of the foregoing reasons, it is recommended that the Board of Directors adopt the
proposed Resolution of Necessity.
53130.1
r
DRAFT
RESOLUTION NO.
RESOLUTION OF THE AZUSA REDEVELOPMENT AGENCY
AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN
THE CITY OF AZUSA FOR ASSEMBLAGE FOR FUTURE REDEVELOPMENT
THE BOARD OF DIRECTORS OF THE AZUSA REDEVELOPMENT AGENCY DOES
HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1
That the public interest and necessity require the acquisition of the hereinafter described
parcel of real property, in fee simple absolute (the "Subject Property"), for a proposed public
project, to wit, for assemblage for redevelopment purposes and the elimination of blight
(hereinafter the "Project"), as authorized pursuant to: (1) California Health & Safety Code
sections 33342, 33391; (2) California Code of Civil Procedure sections 1240.010, 1240.110,
1240.120; and (3) Article I, section 19 of the Constitution of the State of California.
Section 2
That the Board of Directors of the Redevelopment Agency of the City of Azusa (the
"Agency") hereby finds and determines, based on the staff report, and other testimony and
evidence,that:
a. The public interest and necessity require the Project;
b. The Project is planned or located in the manner that will be most compatible with
the greatest public good and the least private injury;
C. The Subject Property is necessary for the Project; and,
d. The offer required by section 7267.2 of the Government Code has been made to
the owner of record of the Subject Property.
Section 3
That the Agency, in accordance with eminent domain provisions of California
Redevelopment law and the Constitution of the State of California, is hereby authorized and .
empowered to acquire by condemnation the Subject Property, which is located at 17511.East
Arrow Highway, in the City of Azusa, and further described in Exhibit "A," hereto.
,
Section 4
That the Agency's legal counsel be, and hereby is, authorized to institute eminent domain
proceedings in the Los Angeles County Superior Court, for the purposes set forth above, and to
take all action necessary to acquire the Subject Property in the name of the Agency.
Section 5
That the public, interest and necessity further require the taking of prejudgment
possession of the Subject ,Property and the Agency's counsel is authorized to institute
proceedings for taking prejudgment possession of the Subject Property, upon complying with the
requirements of the law applicable thereto; and that the total sum fixed by the Superior Court as
its order determining and establishing the deposit amount for said prejudgment possession be
deposited into Court, as provided by Code of Civil Procedure section 1255.010, et seq.
Section 6
That the Agency has complied with California Environmental Quality Act (CEQA). The
proposed action to acquire property is in furtherance of the Merged Central Business District and
West End Project Areas Redevelopment Plan, as amended. The Redevelopment Plan was
analyzed under the previously certified Environmental Impact Report (Amendments for the
Merged Central Business District/West End Redevelopment Projects State Clearinghouse No.
2003041073). Per CEQA Guidelines Sections 15180, 15162, and 15163, acquisition of parcels
for consolidation and development, and actions to encourage redevelopment in a redevelopment
area were deemed approved at the time of adoption of the redevelopment plan. No further
environmental review is required at this time. When the Agency considers a development
proposal that includes the Subject Property, or any of them, it will revisit whether further CEQA
review is required.
Section 7
The Agency's legal counsel and counsel designated by Agency's legal counsel are hereby
authorized to incur, on behalf of the Agency, all necessary expenses for preparation and trial of
the action, including, but not limited to:
a. Authorizing additional work by appraisers and consultants to prepare appraisal
and consultant reports, or to cover additional line or lines of inquiry not covered in the earlier
consultant reports; ?
i
b. Engaging'one or more additional appraisers in the event the Agency's counsel
feels such step is advisable;
C. Preparing y maps, charts, diagrams, photographs, and reports in the event such
printing is necessary;
d. Authorizing payment to appraisers and consultants for the time spent on pre-trial
conferences and field trips to inspect the Subject Property;
r
e. Incurring such additional expenses including the cost of providing clerical,
paralegal and attorney services on behalf of the Agency as in the judgment of the Agency's
counsel shall be necessary to the trial preparation for, and trial-of, said proceedings; and,
£ Incurring defendant's "ordinary" court costs (e.g. filing fees), as provided for in
Code of Civil Procedure section 1268.710.
APPROVED AS TO FORM
Counsel for the Redevelopment
Agency of the City of Azusa
PASSED, APPROVED AND ADOPTED this_day of January, 2009.
Title:
Redevelopment Agency of the City of Azusa
ATTEST:
I, Secretary of the Redevelopment Agency of the City of
Azusa, do hereby certify that the foregoing Resolution of Necessity was duly and regularly
adopted by the Azusa Redevelopment Agency at a regular meeting held on January 2009,
by the following vote:
Aye:
Nays:
Absent:
Abstain:
Dated this_day of January, 2009.
Title:
Redevelopment Agency of the City of Azusa
51639.1
y
EXHIBIT "A"
APN: 8621-024-001
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 2,
TOWNSHIP 1 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN
THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 2,
THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID SECTION,
A DISTANCE OF 150.00 FEET;
THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID
SECTION, A DISTANCE OF 170.00 FEET;
THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID
SECTION, A DISTANCE OF 150.00 FEET TO THE WESTERLY LINE OF
SAID SECTION 2;
THENCE SOUTHERLY ALONG SAID WESTERLY LINE 170.00 FEET TO
THE POINT OF THE BEGINNING.
EXCEPT THEREFROM ANY PORTION THEREOF, INCLUDED
WITHIN ANY COUNTY ROADS OF RECORD PRIOR TO OCTOBER 7,
1940.
U
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CITY OF AZUSA
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
MONDAY,DECEMBER 15,2008—8:24 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 Carvalbo, Executive Director Delach, Assistant Executive Director Makshanoff,
Department Heads,Secretary Mendoza,Deputy Secretary Toscano.
SCHEDULED JOINT ITEM Sched Sot Item
CONTINUED JOINT PUBLIC HEARING-ON DISPOSITION AND DEVELOPMENT AGREEMENT WITH Can't Pub Hrg
TARGET CORPORATION FOR THE DEVELOPMENT OF A TARGET STORE AT 809 NORTH AZUSA Target DDA
AVENUE.
Economic and Community Development Director Christianson addressed the issue presenting the 33433 Summary K.Christianson
Report asking Council to review the cost and findings of the report and to adopt a resolution, approving a Comments
Disposition and Development Agreement with Target Corporation. He staled that as part of the review they found
that the project is consistent with the Environmental Impact Report and the Development Agreement will set
parameters about the project,i.e.hours of operation;the 15 year minimum Operating Covenant; the project will
bring in an excess of 18 million dollars of Tax Increment for the city. He stated over the 15 year period the project
will bring in over$500,000 per year and it will equate to 7.5 million dollars of sales tax to the city. He talked about
the report and what it outlines and recommended approval of the resolutionspresented. Mr.Karem Ali,Real Estate
Manager with the Target Corporation thanked staff and expressed his excitement about building the store in Azusa.
Councilmembers thanked him for coming to Azusa.
Mr.Dennis Willut addressed the Public Hearing asking the cost of the property,how it will impact local D.Willut
citizens and surrounding areas;how it will impact the City due to the economic trends; what type of Comments
agreement is in place if they decide to leave and what type of tax relief will be given to Target.
Mr. Mike Lee welcomed Target to the City adding that it will create more jobs; and hoped the new M.Lee
administration will help out the whole Country. Comments
Mr.Art Morales addressed the Hearing asking if merchandise being sold is environmentally friendly and if A.Morales
residents would receive reduced prices. Comments
Ms.Peggy Martinez,President of the Downtown Business Association,welcomed Target to the City of P.Martinez
Azusa and talked about the possibilitiesof bringing a market in across the street from Target. Comments
City Manager Delach responded to questions posed stating that the cost of the project is eighteen million, City Mgr
two hundred forty-five thousand dollars;the general and environmental impact were reviewed by Planning Comments
Commission and public commented on it;it's financed through Redevelopment Tax Increment with no
direct cost from residents;he talked about the process;Target has no tax relief;there is no lease,Target is
purchasing the property and if they close,the Agency has the opportunity to repurchase the property, there
are no impacts on surrounding businesses;and the City is working with Ranch Market on the closure.
Moved by Mayor Pro-Tem Carrillo,seconded by Councilmember Hanks and unanimously carried to close Hrg closed
the Public Hearing.
Mayor Rocha asked about the enforceability of the removal of graffiti within 48 hours; City Manager Rocha
responded that it is a city ordinance and City Attorney advised that if the ordinance is not followed the city Comments
would removed at$500 per incident cost to the owner.
Councilmember Hanks offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,APPROVING Res.08-C112
A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT Target DDA
AGENCY OF THE CITY OF AZUSA AND TARGET CORPORATION,AND MAKING CERTAIN &findings
FINDINGS PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33433 IN Sec.33433
CONNECTION THEREWITH.
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
Director Carrillo offered a Resolution entitled:
A RESOLUTION OF THE GOVERNING BOARD OF THE REDEVELOPMENT AGENCY OF THE Res.08-R49
CITY OF AZUSA, CALIFORNIA, APPROVING A DISPOSITION AND DEVELOPMENT Appvg DDA
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND Target Corp.
TARGET CORPORATION.
Moved by Director Carrillo, seconded by Director Gonzales to waive further reading and adopt.
Resolution passed and adopted by the following vole of the Board Members:
AYES: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: NONE
REDEVELOPMENT AGENCY RECESSED AND CITY COUNCIL CONTINUED AT 9:07 P.M. CRA Recess
THE REDEVELOPMENT AGENCY RECONVENED AT 9:14 P.M. Reconvened
INFORMAL PUBLIC HEARING-CONSIDERATION OF A PURCHASE AND SALE AGREEMENT Informal Heg
FOR THE ACQUISITION OF THE REAL PROPERTY LOCATED AT 902,906,908 and 912 NORTH PSA Miller Prop
ALAMEDA AVENUE(MILLER PROPERTY).
Economic and Community Development Director Christianson addressed the issue providing a detailed IC Christianson
background on the properties noted and advised that the Directors have the authority to assembly Comments
properties that can be used for projects at a future date and staff advised that housing set aside funds can be
used for the purchase;he talked about potential use. The appraised value is one million seventycight
thousand dollars.
Chairman Rocha noted typographical errors with dates and noted that in the report it states that the Rocha
purchase would be contingent upon conformance with the general plan by the Planning Commission and Comments
Mr. Christianson responded stating that they would do a 65402 finding. Consultant Jose Ometeotl
responded to question regarding the successful 65402 findings and it would be taken to the Planning
Commission. General Counsel Carvalho responded stating that on page 3.3.5,page 16,it addresses the
issue in the Purchase and Sale Agreement.
Testimony was solicited,but,none was received. Testimony/none -
Moved by Director Hanks,seconded by Director Gonzales and unanimously carried to close the informal Hrg Clad
public hearing. `
Director Hanks offered a Resolution entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING A Res.08-050
PURCHASE AND SALE AGREEMENT WITH PAMELA A.MILLER AND GERALD H.MILLER, Approving PSA
CO-TRUSTEES OF THE TRUST B THE MILLER FAMILY TRUST FOR PURCHASE OF 902,906, Miller Property
908,AND 912 NORTH ALAMEDA AVENUE—APNs: 8608-018-039,040,041,AND 042 IN ITS
ENTIRETY WITHIN THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END
REDEVELOPMENT PROJECT AREA.
t
12/15/08 PAGE TWO
Moved by Director Hanks,seconded by Director Macias to waive further reading and adopt. Resolution
' passed and adopted by the following vote of the Board Members:
AYES: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
NOES: DIRECTORS: NONE -
ABSENT: DIRECTORS: NONE
Director Hanks offered a Resolution entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING Res.08-051
AN APPROPRIATION AMENDMENT FOR FISCAL YEAR 2008/09 PURSUANT TO SECTION 2- Appro Amend
450 OF THE AZUSA MUNICIPAL CODE.
Moved by Director Hanks,seconded by Director Macias to waive further reading and adopt. Resolution
passed and adopted by the following vote of the Board Members:
AYES: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: NONE
DEVELOPER SELECTION FOR THE BLOCK 36 AND DOWNTOWN NORTH REDEVELOPMENT Developer Select
PROJECTS. Block 36&Drawn
Executive Director Detach introduced the item detailing the events and history that surrounded Block 36; Exec Dir
the developers, and the interviewing process. He recommended Lewis Retail Partners as the master Comments
developer for the Downtown North and Block 36 projects.
Chairman Rocha asked if the area included the residential properties in the downtown area,i.e.north of Rocha
Sixth Street and south of Foothill Boulevard. City Manager Detach responded that it does not. A Comments -
presentation was held and discussion was held regarding Block 37,noting that the recommendation only
pertains to Block 36 and the Downtown North projects. Directors thanked all involved in the project
selections and all developers who participated in the process.
Moved by Director Carrillo, seconded by Director Gonzales and unanimously tamed to direct staff to Lewis Retail
negotiate an Exclusive Negotiation Agreement with Lewis Retail Partners developers. Partners approved
The CONSENT CALENDAR consisting of items F-I through F-3,was approved by motion of Director Consent Cal.
Carrillo,seconded by Director Gomales and unanimously carried. approved
1. Minutes of the regular meeting of December 1,2008,were approved as written. Min appvd
2. Redevelopment Agency Personnel Action was approved as follows: Merit Increase for S.Benavides, Merit Increase
Redevelopment Project Manager,effective 7/1/08,was approved. _ S.Benavides
3. Resolution authorizing payment of warrants by the Agency was adopted and entitled: Res.No.08-R52
Warrants
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT
AGENCY FUNDS. _
SPECIAL CALL ITEMS Spec Call Items
None. None
It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn
TIME OF ADJOURNMENT: 9:39 P.M.
SECRETARY -
NEXT RESOLUTION NO. 09-RI.
12/15/08 PAGE THREE
.�epFlfi
ji
i
AGENCY CONSENT ITEM
TO: THE HONORABLE CHAIRMAN AND AGENCY MEMBERS
FROM: KURT E. CHRISTIANSEN, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
VIA: F.M. DELACH, EXECUTIVE DIRECTOR 4„0
DATE: JANUARY 5, 2009
SUBJECT: INTERFUND LOAN AND BUDGET AMENDMENT FOR EDUCATIONAL
REVENUE AUGMENTATION FUND (ERAF) PAYMENT
RECOMMENDATION
It is recommended that the Agency Members 1) adopt the resolution approving the use of low
and moderate income funds to satisfy the Education Revenue Augmentation Fund (ERAF)
obligation and making findings pursuant to health and safety code section 33685; 2) adopt the
resolution approving the budget amendment of$512,545; and 3) authorize execution of interfund
loan documents.
EXECUTIVE SUMMARY
The State of California adopted their budget, which included an ERAF payment from every
redevelopment agency in the state. The City of Azusa is obligated to pay $512,545 to the
County for deposit into the ERAF Fund by May 10, 2009. One half of this payment may be paid
with a 20% Set Aside Low-to-Moderate Income Housing Fund loan of $256,272, and the
remainder will be paid from current tax increment revenues received in the Debt Service funds.
BACKGROUND
In September 2008, the State of California adopted Budget Trailer Bill AB 1389. This bill
included legislation requiring redevelopment agencies to make an ERAF payment to help
address the state budget shortfall.
Prior to May 10, 2009, each redevelopment agency in the State of California will be required to
remit its share of a cumulative contribution totaling $350,000,000, to its county ERAF. One half
of each agency's contribution is based on the agency's FY 2006/07 share of the total statewide
net tax increment revenues (i.e., tax increment revenue after pass-through payments are made).
Page 2 of 2
January 5,2009
The Honorable Chairman and Agency Members
Subject: Interfund Loan and Budget Amendment for Educational Revenue Augmentation Fund(ERAF)Payment
The other half of each agency's contribution is based on the agency's percentage share of total
FY 2006/07 statewide gross tax increment revenue (i.e., tax increment revenue before pass-
through payments are made). For Azusa's Redevelopment Agency, this equates to payment of
$512,545 (i.e., $5,034,565 net tax increment multiplied by 4.65017223%, plus $7,544,968 gross
tax increment multiplied by 3.69026017%).
The ERAF payment can be made from any funds available to the Agency, except for money held
in the low and moderate income housing fund (Low/Mod Fund). However, as allowed by AB
1389, the Agency may borrow up to 50% of the current year tax increment required to be
deposited in the Low/Mod Fund after a finding is made by its Board that there are insufficient
other funds to make the payment. This interfund loan is required to be paid within 10 years, and
is subordinate to any bonded indebtedness. Because the Agency's funds are encumbered for its
various ongoing projects and debt service fund obligations, it is recommended that the Board
approve an interfund loan from the Low/Mod Fund to the Debt Service Fund in the amount of
$256,272, payable within 10 years at an interest rate payable and accruing at the annual average
Local Agency Investment Fund (LAIF) rate.
FISCAL IMPACT
Based on current information, the Agency estimates that $1,543,574 in tax increment will be
received in the Low/Mod Fund this year, and is sufficient to pay bonded indebtedness and the
loan of$256,272 for the ERAF payment. The remainder will be funded from the Debt Service
Funds. This transaction was not budgeted in the FY 2008/09 budget, and is a new budget
appropriation.
KEC:RJJ/cs
Attachments:
1. A Resolution of the Redevelopment Agency of the City Of Azusa Approving the Use of Low and
Moderate Income Funds to Satisfy the Education Revenue Augmentation Fund Allocation and Making
Findings Pursuant to Health and Safety Code Section 33685,with Promissory Note.
2. A Resolution of the Redevelopment Agency of the City Of Azusa Approving Appropriation
Amendments for Fiscal Year 2008/09 Pursuant to Section 2-450 of the Azusa Municipal Code.
I
j
I
i
I
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF AZUSA APPROVING THE USE OF LOW
AND MODERATE INCOME FUNDS TO SATISFY THE
EDUCATION REVENUE AUGMENTATION FUND
ALLOCATION AND MAKING FINDINGS PURSUANT TO
HEALTH AND SAFETY CODE SECTION 33685
WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") adopted the
Central Business District Project, by Ordinance No. 2062 on September 18, 1978, the West End
Project, by Ordinance No. 2196 on November 28, 1983 and the Merged Central Business District
and West End Projects, by Ordinance No. 2382 on November 7, 1988 ("Project Areas") within
the City of Azusa ("City") pursuant to the provisions of the California Redevelopment Law
("CRL") (Health and Safety Code section 33000 et seg.); and
WHEREAS, pursuant to CRL Sections 33334.2, 33334.3 and 33334.6 twenty percent
(20%) of the tax increment allocated to the Agency each year from the Project Areas must be
used by the Agency to increase, improve and preserve the supply of affordable housing'for
persons and families of low or moderate income ("Low-Mod Fund"); and
WHEREAS, pursuant to CRL Section 33685 and Article 3 (commencing with Section
97) of Chapter 6 of Part 0.5 of Division 1 of the California Revenue and Taxation Code, during
the 2008-2009. fiscal year the Agency must, prior to May 10, 2009, deposit an amount
determined by the California Department of Finance ("Allocation Amount") in Los Angeles
County's Educational Revenue Augmentation Fund ("ERAF"); and
WHEREAS, pursuant to CRL Section 33685, the Agency may borrow up to fifty percent
(50%) of the amount required to be allocated to the Low-Mod Fund during the 2008-2009 fiscal
year in order to satisfy the ERAF Allocation Amount upon the Agency's determination that there
are insufficient other moneys available to satisfy the ERAF Allocation Amount; and
WHEREAS, the Agency has determined that there are insufficient other monies to
satisfy the ERAF Allocation Amount and the Agency desires to borrow from its Low-Mod Fund
to satisfy the ERAF Allocation Amount; and
WHEREAS, the Agency has further determined that borrowing from its Low-Mod Fund
is exempt from review under the California Environmental Quality Act (California Public
Resources Code Section 21000 et seq.) ("CEQA") because, pursuant to State CEQA Guidelines
Section 15061, it can be seen with certainty that there is no possibility that the borrowing from
its Low-Mod Fund will have a physical effect on the environment because such borrowing is
merely a funding mechanism and governmental fiscal activity. (Cal. Code Regs., tit. 14, §
15061, subdivision (b)(3).)
OnurioUttilEord0001]].1
With Revisions by Azusa Redevelopment 1
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the Board of
Directors of the Redevelopment Agency of the City of Azusa, as follows:
Section 1. Based upon the staff report accompanying this Resolution, and such other
oral and written evidence as.presented to the Agency, the Agency finds and determines that the
borrowing of up to fifty percent (50%) of the amount required to be allocated to the Low-Mod
Fund during the 2008-2009 fiscal year in order to satisfy the ERAF Allocation Amount is
necessary because there are insufficient other monies to meet the requirements of CRL 33685.
Section 2. The Agency hereby approves the borrowing of up to fifty percent(50%) of
the amount required to be allocated to the Low-Mod Fund during the 2008-2009 fiscal year to
satisfy the ERAF Allocation Amount. Pursuant to CRL Section 33685, such loan shall be repaid
to the Low-Mod Fund on or before May 10, 2019, as evidenced by and per the terms of the
Promissory Note attached as Exhibit A.
Section 3. The Executive Director is hereby authorized and directed to undertake
such actions and execute such documents as may be reasonably necessary or convenient to the
carrying out and administration of the actions authorized by this Resolution.
Section 4. The Agency Secretary shall certify to the passage and adoption of this
Resolution and the same shall thereupon take effect and be in force immediately upon its
adoption.
ADOPTED AND APPROVED THIS DAY OF 2009.
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
2009.
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
1
Secretary
i
Om daatilfordlW 177,1
With Revisiom by Amu RMevelopment 2
i
"EXHIBIT A"
PROMISSORY NOTE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
CENTRAL BUSINESS DISTRICT AND WEST END MERGED PROJECT
CAPITAL PROJECT FUND
AZUSA, CALIFORNIA
JANUARY 5, 2009
For value received, the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA CENTRAL
BUSINESS DISTRICT AND WEST END MERGED PROJECT DEBT SERVICE FUND, ("Debt
Service Fund"), promises to pay the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA 20%
LOW-TO-MODERATE INCOME HOUSING SET ASIDE FUND, (1120% Set Aside Fund"), the sum of
TWO HUNDRED FIFTY-SIX THOUSAND TWO HUNDRED SEVENTY-TWO DOLLARS AND
NO/100 ($256,272) ("Loaned Funds"), with simple interest thereon from the date of disbursement to the
Debt Service Fund, at the average annual rate determined by the State of California Local Agency
Investment Fund (LAIF). Principal and interest is payable in full within 10 years from the disbursement
date, in the year 2019. This Note is a subordinate lien and is payable from tax increment revenues in
excess of those pledged for Agency bonded indebtedness and any other superior debt, and/or payable
from any other resources available to the Agency from which such payment may legally be made,
allocated to and received by the Agency for the Merged Redevelopment Project Area. The term of the
note shall begin on the date of disbursement and is due in full 10 years after said disbursement date, in
the year 2019.
This note is issued in connection with the provision of funds to finance redevelopment activities of the
Merged Redevelopment Project Area, and specifically the Educational Revenue Augmentation Fund
(ERAF) obligation due May 10, 2009. The Merged Project provides for tax increment financing in
accordance with the provisions of the California Health and Safety Code. The Agency is authorized,
with the consent of the Board of Directors, to undertake certain actions which are necessary and
incidental to carrying out the Redevelopment Plan which has previously been adopted by the City of
Azusa, for purposes of the Merged Redevelopment Project area. The Agency Board has authorized the
loan for purposes of funding one-half of the ERAF obligation imposed by the State of California. This
note is issued under the authority and pursuant to the Community Redevelopment Law, commencing
with Section 33600 of the Health and Safety Code of the State of California, as amended.
Each payment shall be credited first to principal due and the remainder to interest; and interest shall
thereupon cease upon the principal so credited. Any unpaid interest shall accrue and be added to the
outstanding principal balance. In the event of any legal or financial obligation incurred by the 20% Set
Aside Fund which requires immediate repayment of the Loaned Funds, the Debt Service Fund will
immediately repay said Loaned Funds from any other resources available to the Agency from which
such payment may legally be made. Principal and interest shall be payable in lawful money of the
United States at Azusa, California. Demand, presentment for payment, protest and notice of protest are
hereby waived.
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
Chairperson
ERAF PAYMENT OBLIGATION
Onw oW ilfbAU0IJ].I -
WiRsRevisionsbyA =Re mlopment - 3
RESOLUTION NO
A RESOLUTION OF;THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR 2008/09 PURSUANT
TO SECTION 2-450 OF THE AZUSA MUNICIPAL CODE
WHEREAS,on June 16,2008,the Agency Members passed Resolution No.08-R25,adopting
the Budget and approving the appropriations for the Redevelopment Agency of the City of Azusa for the
fiscal year commencing July 1, 2008 and ending June 30, 2009; and
WHEREAS,Section 2-450 of the Azusa Municipal Code provides for the amendment of said
Budget, when required for the operation of the Agency; and
WHEREAS, certain appropriation amendments are, in fact, required as summarized below:
Appropriation Amendment Summary: Appropriation of $512,545 to fund the
Educational Revenue Augmentation Fund (ERAF) payment obligation using Debt
Service Funds-and a loan from the 20% Set-Aside Low-to-Moderate Income Housing
Fund.
NOW THEREFORE BE IT RESOLVED that the Agency Members of the Redevelopment
Agency of the City of Azusa do hereby approve the Budget Amendment and order the same to be recorded in
the Agency's books of account and henceforth to be a part of said Budget as if adopted with the original
thereof.
ADOPTED AND APPROVED this day of 2009.
CHAIRMAN
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Agency
Members of the Redevelopment Agency of the City of Azusa at a regular meeting thereof on the
day of 12009, by the following vote of Agency Members:
AYES: AGENCY MEMBERS:
i
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
SECRETARY
i
go
- °9trFon�`sP -
AGENCY CONSENT ITEM
TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS
FROM: MARCENE HAMILTON, REDEVELOPMENT AGENC TREASURER
DATE: JANUARY 5, 2009 5 /01
SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURER'S
STATEMENT OF CASH BALANCES FOR THE MONTH OF NOVEMBER 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 November
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 November 2008. Agency investments are
made in accordance with the Redevelopment Agency Investment Policy approved and adopted with
Resolution No. 08-R41 dated October 6, 2008, 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 November, Agency cash and investment balances increased by $726,710.88. Cash received
during the month totaled $726;710.88, and no disbursements were made.
The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and
investments of$6,284,897.45, Wells Fargo Bank,the fiscal agent,held$2,373,220.74 on behalf of
the Agency. These funds are restricted for payment of debt service on the bonds and special bond-
funded projects. The remaining $3,911,676.71 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
MH:RJ.1/cs
S
CITY OF AZUSA REDEVELOPMENT AGENCY
AGENCY TREASURER'S STATEMENT OF CASH
AND INVESTMENT COST BALANCES
NOVEMBER 2008
r
Beginning Cash Balance $5,558,186.57
(All Restricted and Unrestricted Accounts & Investments)
Receipts (All Sources) 726,710.88
Disbursements 0.00
Ending Cash Balance $6,284,897.45
(All Restricted and Unrestricted Accounts & Investments)
Mar ene ami ton, Agency Treasurer
i
i
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES•CASH AND INVESTMENTS
NOVEMBER 2008
Maximum
Deposits Cost Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value'
CASH AND INVESTMENTS HELD BY AGENCY TREASURER
Wells Fargo Bank
Government Checking No limit $913,612.32 FDIC up to$100,000.00 Ongoing 0,000% $913,612.32
>$100,000 collaterized by 110%rin govn2 securities -
Local Agency Investment Fund(1-AIF) $20,000,000.00 2,998,064.39 Backed by faith 8 credit of the State of California Ongoing 2.568% 2,995,479.15
SUBTOTAL CASH AND INVESTMENTS
HELD BY AGENCY TREASURER: $3,911,676.71 $3,909,091.47
Interest Collections: $0.00
CASH AND INVESTMENTS HELD BY FISCAL AGENT
2003 Merged Project Tax Allocation Bonds
2003A Special Fund
AIM Gov't Portfolio No limit 35,741.96 Investments in direct obligations of the U.S.Treasury Ongoing 0.970% 35,741.96
2003A Interest Account
AIM Gov't Portfolio No limit 69.59 Investments in direct obligations of the U.S.Treasury Ongoing 1.440% 69.59
2003A Principal Account
AIM Govt Portfolio No limit 161.87 Investments in direct obligations of the U.S.Treasury Ongoing 1.240% 161.87
AIM Gott Portfolio No limit 1,085,192.59 Investments in direct obligations of the U.S.Treasury Ongoing 0.970% 1,085,192.59
2001 Merged Project Tax Allocation Bonds Subtotal: $1,121,166.01 $1,121,166.01
Interest Collections: $999.64
2008 Merged Prolect Tax Allocation Bonds
2005 Special Fund P
Wells Fargo Advantage Gov't Mmkt No limit $3,333.30 N/A Ongoing 0.750% $3,333.30
2005 Redevelopment Fund
AIM Institutional Prime-Cash Mgmi/MMk No limit 50,156.18 N/A Ongoing 1.840% 50.156.18
2005 Reserve Account
Wells Fargo Advantage Gov't Mmkt No limit 869,259.17 N/A Ongoing 0.750% 869,259.17
2005 Merged Project Tax Allocation.Bonds Subtotal: $922,748.65 -$922,748.65
Interest Collections: $939.76
2007A Merged Protect Tax Allocation Bonds
2007A Interest Account
Wells Fargo Advantage 100%Treasury Mmkt No limit $116.01 N/A Ongoing 0.724% $116.01
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES-CASH AND INVESTMENTS
NOVEMBER 2008
Maximum
Deposits Cost Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value`
2007A Principal Account
Wells Fargo Advantage 100%Treasury Ml No limit $8349 N/A Ongoing 0.724% $83.49
2007A Redevelopment Fund
Wells Fargo Advantage 10D%Treasury Mmkt No limit $2,797.46 N/A Ongoing 0.180% $2,797.46
20D7A Merged Project Tax Allocation Bonds Subtotal: $2,996.96 - $2,996.96
Interest Collections: $1.73
2007B Merged Protect Tax Allocation Bonds
20076 Bond Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $1,217.14 N/A Ongoing 0.160% $1,217.14
2007B Interest Account
Wells Fargo Advantage 100%Treasury Mmkt No limit $29.84 NIA Ongoing 0.804% $29.84
20078 Principal Account
Wells Fargo Advantage 100%Treasury Mmkt No limit $19.64 N/A Ongoing 0.804% $19.64
20078 Reserve Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit 325.042.50 N/A Ongoing 0.170% 325,04250
20078 Merged Project Tax Allocation Bonds Subtotal: $326,309.12 $326,309.12
Interest Collections: $187.85
SUBTOTAL CASH AND INVESTMENTS
HELD BY FISCAL AGENT; $2,373,220.74 $2,373,22D.74
Total-Azusa Redevelopment Agency
Cash and Investments: $6,284,897,45 $6,252,312.21
Total Interest Collections: $2,128.98
Source of Market Value Information:
Wells Fargo Corporate Trust,Trustee
Local Agency Investment Fund(IAIF)
Wells Fargo Institutional Securities
Tax Allocation Bond Data is based on Trusteegenersted Statements;bond funs listed
herein are restricted for payment of debt service and governed by
strict regulations described in the Trust Indenwres.
'Market Value is the current price at which a security can be traded or sold.
P,
WARRANT REGISTER NO.09
FISCAL YEAR 2008-09
WARRANTS DATED 11/01/08 THROUGH 11/30/08
FOR REDEVELOPMENT AGENCY MEETING OF 1-5-09 .
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA ALLOM71NG 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:
SO-110-REDEVELOPMENT ADMINISTRATION FUND $ 42,206 65
80-125-CBD CAPITAL PROJECTS FUND _ 3,943,848.21
80-135-WED CAPITAL PROJECTS FUND - 12,850.10
80-185-RANCH CAPITAL PROJECTS FUND
80-165-618-2005 TAX ALLOCATION BONDS FUND
81-155-TAX INCREMENT SET-ASIDE FUND 272,559.18
52-125-CBD DEBT SERVICE FUND 136.16
82-135-WED DEBT SERVICE FUND
82-185-RANCH CENTER DEBT SERVICE FUND
TOTAL ALL FUNDS: $4,271 600 30
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 2009.
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 2009.
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
Secretary
City of Azusa HP 9000 12/30/08 O P E N H 0 L D D B LISTING By Dari/Entity Nate Page 1
IIIx' 30, 2008, 8:56 AM ---req: ROSE-------leg: GL JL---loc:. BI-TD:I-I---job: 634819 #J6824---p9m: CFAOO <1.34> rpt id: CHFLTP02
SE= FLIVD Oxus: 80-82 ; Check Issue Dates: 11/01/08-11/30/08
PE ID PE Nacre AO= NM2FR / JOB NCMEER Invoice anter D_-=pticn St Disc. A*rt. Dist. Ant.
V05613 A T & T 8010110000-6915 6263345464102408 626-3345464/0517 FD 0.00 8.68
PEIDd: 0.00
d: 8.68
Total: 8.68
V95767 ARBITRAGE CMU 8010110000-6610 80925 ARB REATE CALCS PD 0.00 1,700.00
V95767 ARBITRAGE CCNPLI 8010110000-6610 80927 ARB R= CALFS ED 0.00 750.00
V95767 ARBITRAM Ct= 8010110000-6610 80926 ARB REBATE CRAGS PD 0.00 750.00
V95767 A;SIIRK E CCMPLI 8010110000-6610 80925 CHANE CH= # 1 PD 0.00 300.00
PE Dd: 0.00
d: 3,500.00
Tbtal: 3,500.00
V01305 Aa1SA = FID C 8000000000-3035 2610/0801023PR#23/08 PD 0.00 237.50
V01305 AZLEA.= FID C 8000000000-3035 2610/0801024 P #R 24/08 FD 0.00 237.50
PEID [fid: 0.00 .
Paid: 475.00
Total: 475.00
V10604 AZDSA ME= MW 8000000000-3020 2618/0801023 PR#23/08 PD 0.00 30.00
PEID Lhid: 0.00
Paid: 30.00
Tbtal: 30.00
V96758 PAW OF NEW YORK 8010110000-6610 13465888 1992YM AE IN-10 PD 0.00 1,500.00
MID lkimd: 0.00
Paid: 1,500.00
Tbtal: 1,500.00
V05804 BEST BEST & KRIE 8010125000-6301/505825-6301 586710 9/08 LGC CPS BM PD 0.00 8,413.47
V05804 & XRM 8010125000-6301/505825-6301 586704 9/08 LGLrTARCET PD 0.00 4,662.30
V05804 BESP BEST' & KRIE 8010125000-6301/505800-6301 586703 9/08 LM LWgIN N ED 0.00 2,745.95
V05804 BEST = & KRIE 8110155000-6301 586701 9/08 LGL, SR ORE AD 0.00 11,429.06
V05804 BEST BET & = 8010125000-6301/505900-6301 586711 9/08 LGL-NES AZ PD 0.00 610.40
V05804 REST IST & KRIS 8010125000-6301/505800-6301 586709 9/08 LGLrCHDI ET FD 0.00 2,099.91
V05804 BEST BEST & KRIE 8010125000-6301/505800-6301 586707 9/08 LG1r810 ALA FD 0.00 464.80
V05804 BEST BEST & KRIE 8010125000-6301/505800-6301 586706 9/08 LGLrVP� FD 0.00 358.85,
City of Azusa HP 9000 12/30/08 O P E N H O L D D B LISTING Paqe
UI ,, = 30, 2008, 8:56 AM ---req: FESE-------leg: GL JL---loc: BI-=---job: 634819 V6824=p /OH4 Ot<1.34 spt id: OHFMR02
SE= FUSD CbJes: 80-82 ; CYEck Issue Utes: 11/01/08-11/30/08
PE LD BE Nam ACLLYIVT NUv]BER / JOB NLIBER Invoice NuTber Description St Disc. Ant. Dist. Art.
V05804 BEST BEST & KRSE 8010135000-6301/503500-6301 586700 9/08 LGL-LZLIIB L FD 0.00 2,462.60
V05804 BEST BEST & KRIE 8010125000-6301/505800-6301 586705 9/ N PD 08 LGL-HAEU 0.00 101.40
V05804 BEST BEST & KRIE 8010125000-6301/505800-6301 586708 9/08 LGL-CTM PD 0.00 6,599.23
V05804 BEST BEST & KRIE 8110155000-6301 586702 9/08 LCR,-AZCL= FD 0.00 630.00
V05804 BEST BEST & KRIE 8010125000-6301/650205-6301 586702 9/08 LGL-AZCLaNT FD 0.00 882.00
V05804 BEST BEST & = 8010125000-6301/505825-6301 586702 9/08 LGL-AZCLMI PD 0.00 902.50
V05804 EAST BEST & KRIS 8010125000-6301/505405-6301 586702 9/08 LGAZ= FD 0.00 231.00
V05804 BEST BEST & KRIE 8010125000-6301/505700-6301 586702 9/08 LGLrAZ= PD 0.00 357.00
V05804 PEST BEST & KRIE 8010110000-6611 586702 9/08 LM-AZCLINI FD 0.00 3,528.00
V05804 BEST BEST & KRB 8010110000-6301 586702 9/08 LGL-AZCLTNr FD 0.00 609.00
V05804 BEST BEST & KRIE 8010125000-6645/505800-6645 . 111708 C= STLrvT/LA FD 0.00 50,000.00
FEID Lhux�id: 0.00
d: 97,087.47
Total: 97,087.47
V10762 BLAKE & ASSOC. I 8010125000-6325/505800-6325 101708 APFRSLS-640,632A PD 0.00 4,500.00
V10762 BLAKE & ASSOC. I 8010125000-6325/505800-6325 101708 APPRSLS/624-630 PD 0.00 4,000.00
V10762 BLAKE & ASSOC. I 8010125000-6325/505800-6325 101708 APPRSLr622 N SAN FD 0.00 4,000.00
V10762 BLAKE & ASSOC. I 8010125000-6325/505800-6325 101708 APFRSLr809 N DAL PD 0.00 1,500.00
AK
V10762 BLE & ASSOC. I 8010125000-6399/505825-6399 101708 APFRSL-U= SI PD 0.00 2,000.00
PEID ihm.�id: 0.00
Paid: 16,000.00
'Ibtal: 16,000.00
V10782 CASILERXK ENVIR 8010125000-6399/505900-6399 8040 ASBESICDS ARAaiw ED 0.00 2,000.00
D
V10782 CPSTLEMCK ENVIR 8010125000-7110/505900-7110 8041 EU900SF BLDG PD 0.00 14,450.00
FESd: 0.00
Paid: 16,450.00
Total: 16,450.00
V06783 CSTISTREET 8000000000-3010 2310/0801023 23/08 PD 0.00 511.83
V06783 C ITIS= 8000000000-3010 2315/0801023 23/08 FD 0.00 120.63
V06783 CITIST= 8000000000-3010 1310 23O80.00 6.57
V06783 CTTISIREET 8000000000-3010 315%801024 124/Z08 PPD 0.00 120.63
PEID 0.00
d: 959.66
Total: 959.66
City of Azusa HP 9000 12/30/08 O P E N HOLD D9 LISTING ty P�
IUB I� 30, 2008, 8:56 PM ---req: FcCSE-------leg: GL JL---loc: BI-TECH---jab: 634819 #}J6824=p 0144 Ot<1.344> rpt id: QFLTR02
SELECT FUJD Cbd2s: 80-82 ; Check Issue Utes: 11/01/08-11/30/08
PE ID PE Nacre AC= NMER / JCB NLNPFR Invoice NLuber D=s=pticn St Disc. Ant. Dist. Pmt.
V02687 CITRII4 CCM�= 8210125000-7040 111808 TAXFY05/ ED 0.00 31.45
V02687 CITRUS CSNM%�ITY 8210125000-7040 111808 TAX II�/FY05/ PD 0.00 0.82'
FEEDUV 0.00
Paid: 32.27
Zbtal: 32.27
V11451 C12LDWELL HAIVKER 8010125000-6650/506000-6650 110308 FAOPM IMFfi7/631 PD 0.00 9,151.50
PEED d: 0.00
d: 9,151.50
Tbtal: 9,151.50
V00348 C HEALTH I 8000000000-3054 2435/0801023 FR#23/08 FD 0.00 28.88
PEED d: 0.00
Pa'd: 28.88
'Ibtal: 28.88
V10115 DAN CagIRACICR 8110155000-6650/505300-6650 145B(: FTML/1024N SUSS FD 0.00 7,600.00
PEEDd: 0.00
Paid: 7,600.00
Total: 7,600.00
V08010 LUKE'S LANQS<API 8010125000-6815 4233 FY 08/09 MUNI'-R FD 0.00 1,240.00
V08010 LUKE'S LPNCECAPI 8010125000-7115/505900-7115 4233 CEDAR MJLCH IVO PD 0.00 1,400.00
PEIDd: 0.00
d: 2,640.00
Tbtal: 2,640.00
V00331 FEDERAL EXPRESS 8010110000-6625 296559162 117052788/C= FD 0.00 63.44
V00331 FEDERAL EXFRFS,S 8010125000-6625/505700-6625 298956186 117052788/Y.PARK PD 0.00 24.27
V00331 FEEERAL EXPRESS 8010125000-6625/505825-6625 298152767 117052788/R.ABIl2 PD 0.00 22.89
V00331 FEDERATE EXPRESS 8010125000-6625/505900-6625 297337785 117052788/J.FDLL PD 0.00 26.85
W0331 FEDERAL EXPRESS 8110155000-6625 297337785 117052788/B.= ED 0.00 22.62
V00331 FEDERAL EXPRESS 8010110000-6521 298152767 117052788/S.DIEP PD 0.00 23.99
PEID LVd: 0.00
d: 184.06
Total: 184.06
City of Azusa HP 9000 12/30/08 O P E N H 0 L D D B LISTING By Persa/Ehtity Nage Pp�ac� 4
, = 30, 2008, 8:56 AM ---req: RCSE-------leg: M JL---lcc: BI-TECH---jcb: 634819 W6824---pgn: CH400 <1.34> rpt id: CHFLTR02
SE= FUD Oodes: 80-82 ; Check Issue Utes: 11/01/08-11/30/08
PE ID PE Nane AO= NMER / JM Nu BFR Invoice NuTber Descripticn St Disc. Ant. Dist. Ant.
V10576 FRJ & A.S932= 8110155000-6345/505300-6345 A71J157 FY 08/09 H93 REH FD 0.00 3,200.00
PEID LhIIk'iid: 0.00
Paid: 3,200.00
'Ibtal: 3,200.00
V09257 HARRIS CUB= 8110155000-6650/505300-6650 2087 FIM4L/904E InLTE PD 0.00 8,000.00
V09257 HARRIS QIVb=T 8110155000-6650/505300-6650 2084 FILL/431GZWI7A FD 0.00 6,855.00
PEID Lid: 0.00
Paid: 14,855.00
Total: 14,855.00
V93874 ICvA RE DRENE VP 8010110000-6175 4477 FAUN L PLAN FEE/ FD 0.00 125.00
PEID 0.00
Paid: 125.00
Total: 125.00
V05574 I13S7 M V AQA]N RE 8010110000-6493 NP41683NP41691 NP41683-NP41691 PD 0.00 277.44
PEID Lh i.d: 0.00
Paid: 277.44
Tbtal: 277.44
V01916 JARA PEPPY G-SH, 8010125000-6625/650205-6625 111308 U3C FILING PD 0.00 40.00
V01916 JARA PETIY CPSH, 8010125000-6625/505900-6625 111308LATE FD 0.00 19.36
V01916 JARA F= CASH, 8010125000-6625/505800-6625 111308 RFRS CIS DJ FD 0.00 24.32
V01916 TWA PEPIY CASH, 8010110000-6625 111308 RFRcH\T[S/FCREMO PD 0.00 32.03
V01916 MRA PETTY 001, 8010125000-6815 111308 UJPL IE,1'S/MJRAL FD 0.00 22.73
FEID Urpaid: 0.00 .
Paid: 138.44
Total: 138.44
V11489 JUN R C= & 8010125000-6645/505800-6645 BC390382 Relocation Costs PD 0.00 298,000.00
V11489 JUN R CU= & 8010]25000-7105/505800-7105 EC390382 Lard Aoquisiticn FD 0.00 2905,000.00
V11489 JCFN R Ca= & 8010125000-6645/505800-6645 9C390382 Relocaticr Oasts FD 0.00 534,000.00
V11489 JOHN R Ca= & 8010125000-6645/505800-6645 EC390382 Relocation Oasts FD 0.00 63,000.00
PEID UiT)aid: 0.00
City of Azusa HP 9000 12/30/08 O P E N H 0 L D D B LISTING By Ferscri/Entity Nbre Pie 5
ILK EM 30, 2008, 8:56 PM ---req: ME-------leg: Cd, JL---lcc: BI-=---jcb: 634819 ##J6824---p9n: CH400 <1.34> rpt id: CEIM02
SELECT FUD Cb es: 80-82 ; Check Issue Tates: 11/01/08-11/30/08
PE ID PE Narre Aa= NUvBER / JOB NU43ER Invoice Njrber Description St Disc. Ant. Dist. Ant.
Paid: 3800,000.00
Tbtal: 3800,000.00
V11460 KAEIO EUJIR4NE I 8010125000-7110/505700-7110 0100 INSPALL 3000 C42A PD 0.00 3,408.00
PEID Umd: 0.00
Paid: 3,408.00
Total: 3,408.00
V08628 IA C U4IY SANITA 8210125000-7040 111808 TAX II9CRE VEY05/ PD 0.00 21.50
PEID Unppaid: 0.00
Paid: 21.50
7btal: 21.50
V06940 LAMM SOLL & U.N 8010110000-6315 8127 FY 07/08 AIDIT-R PD 0.00 11,430.00
PEID UTld: 0.00
Paid: 11,430.00
Tbtal: 11,430.00
V96319 LAURAIN & ASSO✓Z 8010125000-6325/505900-6325 8292 A 2RK FCWLFR/86 PD 0.00 3,000.00
V96319 LAURAIN & AS= 8010135000-6325/503305-6325 8298 APPRSLS/1250-138 PD 0.00 10,000.00
PEID Lhmd: 0.00
Paid: 13,000.00
Total: 13,000.00
V00212 LEWIS SAW & LAM 8010125000-6625/505900-6625 136520 M%SIER PADLOCK W PD 0.00 23.22
PEIDih id: 0.00
Paid: 23.22
Total: 23.22
V03126 LINUJLN =CbAL 8000000000-3010 2325/0801023 23/08 PD 0.00 500.00
V03126 LJNaXN M=CI\AL 8000000000-3010 1320/0801023 23/08 PD 0.00 78.75
V03126 LINM N =CISAL 8000000000-3010 2325/0801024 24/08 PD 0.00 500.00
PEIDd: 0.00
Paid: 1,078.75
Total: 1,078.75
City of Azusa HP 9000 12/30/08 O P E N H O L D D B L I S T I N G BY i/Ehtity Hare Paye 6
DEC 30, 2008, 8:56 PM ---req: ROSE-------ley: C1; JL---lcc: BI-=---jcb: 634819 #J6824---pgm: 14}00 <1.34> rpt id: OHFLTR02
SELEC'P FUO Ctcles: 80-82 ; cYEck Issue Dates: 11/01/08-11/30/08
PE ID PE Nacre ACCDI.LVI' NUVEER / JCB NUvBE22 Invite Nimier Descriptim St Disc. Arrf. Dist. Prrf.
V09587 LOS AN= ME 8210125000-7040 111808 TAX IIUR211/FY05/ PD 0.00 9.17
PEID 0.00
Paid: 9.17
Total: 9.17
V03219 LOS AN= CIY 8210125000-7040 111808 TAXFY05/ PD 0.00 1.79
V03219 LOS AN= CIY 8210125000-7040 111808 TPX �FY05/ FD 0.00 3.56
PEID Lfiid: 0.00
Paid: 5.35
Total: 5.35
V11488 LSI TITLE CO ID]C 8110155000-2901 08011308W Deferred Reverme PD 0.00 -100,000.00
V11488 LSI TITLE CO IIS 8110155000-1810 08011308K4 Notes Rec/Deferr PD 0.00 100,000.00
V11488 LSI TITLE CD INC 8110155000-7099/505310-7099 08011308KA Miscellaneous PD 0.00 100,000.00
0.00
Paid: 100,000.00
Total: 100,000.00
V10322 M & T RINK 8000000000-3010 102908-1 Defrd Garp Fbl/P PD 0.00 369.17
V10322 M & T RMK 8000000000-3010 11-24-08 Dafrd Cmp Pbl/P PD 0.00 369.17
V10322 M & T BANK 8000000000-3010 111008B Defrd Carp Pbl/P FD 0.00 489.77
V10322 M & T EZK 8000000000-3010 111008A Defrd Carp Fbl/P PD 0.00 610.50
PEIDd: 0.00
Paid: 1,838.61
Total: 1,838.61 -
V06572 NUICML 02= 8010125000-6625/505800-6625 R12467456 FIC RNIL-303= PD 0.00 1,713.76
PEID LhIDaid: 0.00
Paid: 1,713.76
Total: 1,713.76
V01582 NEXIEL 0144MCA 8010110000-6915 63592502506 63592502506/CELL PD 0.00 21.64
PEIDi��d: 0.00
Paid: 21.64
Total: 21.64
City of Am:a HP 9000 12/30/08 O P E N H 0 L D D B L I S T I N GBY / ty Pp�ac�
=, DF1=' 30, 2008, 8:56 AM ---req: ROSE-------leg: GL JL,--loc: BI-TECH---job: 634819 W6824- p CI400t<1.344 rpt id: CPIFLTR02
SECE'`T FLISID Cb'hs: 80-82 ; Che& Issue Rtes: 11/01/08-11/30/08
PE ID PE Nam AC-L= NI43ER. / JOB NUv= Invoice NLIIrber Description St Disc. Ant. Dist. Ant.
V00540 OFFICE DEFCT II\U 8010110000-6530 449315385001 944264 AVERY FTI, FD 0.00 22.10
V00540 OFFICE DEEC7L' Ifs 8010110000-6530 449315385001 682153 FLI=GHI' FD 0.00 11.28 .
V00540 OFFICE DEFCr R\U 8010110000-6530 449315385001 375030 FUG-LIGHT FD 0.00 5.83
PEID Ur id: 0.00
Paid: 39.21
Total: 39.21
V06713 CGEEN BRIEETIB A 8000000000-2724 1225/0801023 PR 23/08 PD 0.00 4.19
V06713 CmIIV REr�7PFTrR A 8000000000-2724 1226/0801023 PR#23/08 PD 0.00 0.79
PEID thrid: 0.00
Paid: 4.98
Total: 4.98
V09258 REM\J LIID TEEP41 8110155000-6650/505300-6650 2004088701 FTN1L/431GRAM LA PD 0.00 1,145.00
PEID d: 0.00
d: 1,145.00
$ 'Ibtal: 1,145.00
V04138 RECD AS�IPR LIFE I 8000000000-3054 000000000-3053 2410%0801023 x#23/08 PD 0.00 0.00 2.81
PEID Ur%aid: 0.00
Paid: 6.56
Tbtal: 6.56
V09301 SAFSJ_PM DENIAL 8000000000-3052 2219072 N7V2008 PREM/AS1 FD 0.00 292.66
PEID LU-�yd: 0.00
Paid: 292.66
Tbtal: 292.66
V02185 SAN C3UZIEr, VALL 8210125000-7040 111808 TAXFY05/ FD 0.00 25.59
V02185 SAN r�w�rFr, VAIL 8210125000-7040 111808 TAX II�FY05/ PD 0.00 42.28
PEID Tipai : 0.00
Paid: 67.87
Tbtal: 67.87
V11495 SIERRA, HEP= 8110155000-2901 8616-005-003 Deferred Reverme PD 0.00 -120,000.00
City of Azusa HP 9000 12/30/08 O P E N H 0 L D D B LISTING
'ILJ� Ehtit Nam-_ p� 8
DEC 30, 2008, 8:56 AM ---req: POSE-------leg: GL JL PI-TEM 634819 #J6824=-pgn: 00 <1.34> zpt id: CHFLTR02
SELECT FUZ des: 80-82 ; Check Issue Dates: 11/01/08-11/30/08
PE ID PE Nare AC= NLMBEL / JCB NNIBER Invoice Mader Description St Disc. Ant. Dist. Art.
V11495 SIERRA, HFT'II-]E12 8110155000-1810 8616-005-003 Abtes Rec/Defesr ID 0.00 120,000.00
V11495 SIERRA, HFP= 8110155000-7099/505310-7099 8616-005-003 Miscellaneous PD 0.00 120,000.00
PEID UTadd: 0.00
Pai : 120,000.00
Tbtal: 120,000.00
V10053 SUMAM UZURAN 8000000000-2725 1221/0801023 PR#23/08 FD 0.00 87.08
PEIDTed: 0.00
Paid: 87.08
Tbtal: 87.08
V08056 SU*lP D INS= 8000000000-2725 1220/0801023 23/08 ED 0.00 76.19
V08056 SI7URD EZURAN 8000000000-3044 1255/0801023 23/08 PD 0.00 206.96
V08056 SUU\URD EgaTAN 8000000000-2725 1220/0801024 24/08 PD 0.00 74.51
V08056 SMUM I\G= 8000000000-3044 1255/0801024 124/08 FD 0.00 210.43
PEID d: 0.00
Paid: 568.09
Tbtal: 568.09
V11450 T D C PAMMS 8110155000-6650/505300-6650 425 FIM51,/1025N ENID PD 0.00 8,000.00
P� yd: 0.00
Paid: 8,000.00
Tbtal: 8,000.00
V10009 TIERRA WEST ADVI 8010125000-6345/505900-6345 100809 9/08 PRJ M3vT-NE FD 0.00 1,860.00
V10009 TIERRA WEST ADVI 8010110000-6345 100909 9/08 PRJ M3vvrr-TA PD 0.00 1,158.34
V10009 TIERRA WEST' ADVI 8010125000-6345/505825-6345 100909 9/08 PRT =-M FD 0.00 1,680.00
V10009 TIERRA YAP A II 8010110000-6345 100609 9/08 PRJ =-ID FD 0.00 8,407.49
V10009 TIERRA WEST AUJI 8010110000-6611 100609 9/08 PRJ M3vT-ID PD 0.00 1,433.75
V10009 TIERRA WES�' ADVI 8010125000-6345/505825-6345 100609 9/08 PFJ =-ID PD 0.00 697.50
V10009 TIERRA WEST AUDI 8010110000-6345 100109 9/08 PRJ MlvT-DW PD 0.00 2,191.67
V10009 TIERRA WEST AM 8110155000-6345 100609 9/08 PRJ M3vM-ID FD 0.00 510.00
V10009 TIERRA WEST ADVI 8010125000-6345/505800-6345 100109 9/08 PRJ Yo"T-LW FD 0.00 4,650.00
V10009 TIERRA WEST AEVI 8110155000-6345/505310-6345 100609 9/08 HLT NL3II-ID H) 0.00 51167.50
V10009 TIERRA WEST A VI 8010110000-6345 100609 9/08 HLT =-BL FD 0.00 350.00
V10009 TIERRA WEET AJTJI 8010125000-6345/505700-6345 100609 9/08 PRJ Mg"U_EC, PD 0.00 465.00
V10009 TIERRA VE3P ADVI 8010110000-6345 100709 9/08 PPJ M�'II'/ST PD 0.00 75.00
V10009 TIERRA iM AM 8010135000-6345/503305-6345 101109 9/08 PRJ Mi�'[I' Q3 FD 0.00 387.50
City of Azusa HP 9000 12/30/08 O P E N H O L D D B LISTING �/ Paqe
, = 30, 2008, 8:56 AM ---req: F�-------leg: C3, JL---loc: BI-TECH---jc�b: 634819 #J6824=-pgm CxI400<1.34 rpt id: CHFLTR02
SECFSI' FLUID Coes: 80-82 ; Check Issue Dates: 11/01/08-11/30/08
PE ID PE Nave ALLT.YdVI' NUvBER / JOB NLM3ER Invoice Nxrber D--s=pticn St Disc. Pnt. Dist. krt.
V10009 TIERRA WEST ADVI 8010110000-6345 100809 9/08 FRJ m3vlF-NE PD 0.00 1,574.99
PEIDU �d: 0.00
Paid: 30,608.74
Tbtal: 30,608.74
V00388 VERI7CN 8010110000-6915 6261975078102808 626-1975078 PD 0.00 28.06
PEID U paid: 0.0
Paid: 28.066
Total: 28.06
V00876 VgsS[�RN MTI[IA 8000000000-3010 2330/0801023 23/08 FD 0.00 59.39
V00876 VAS[III��ZIIV MUItA 8000000000-3010 2335/0801023 23/08 FD 0.00 195.13
V00876 WMIDN N MMA 8000000000-3010 1330/0801023 PR 23/08 PD 0.00 9.00
V00876 VIA5[III3ICN MJILA 8000000000-3010 2335/0801024 24/08 FD 0.00 195.13
PEID Lkd: 0.00
Paid: 458.65
Total: 458.65
V02919 WEST C= AREM 8010125000-7115/505900-7115 54526 TREE PEAS AL/PRU FD 0.00 3,500.00
PEID Lhid: 0.00
Paid: 3,500.00
Total: 3,500.00
GRAND TOTAL d: 4271,600.30
Total: 4271,600.30