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HomeMy WebLinkAboutAgenda Packet - September 19, 2011 - CCAGENDA REGULAR MEETING OF THE CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM 213 EAST FOOTHILL BOULEVARD AZUSA CITY COUNCIL JOSEPH R. ROCHA MAYOR KEITH HANKS MAYOR PRO -TEM URIEL E. MACIAS COUNCILMEMBER NOTICE TO THE PUBLIC MONDAY, SEPTEMBER 19, 2011 6:30 P.M. ANGEL CARRILLO COUNCILMEMBER ROBERT GONZALES COUNCILMEMBER Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection at the City Library. Persons who wish to speak during the Public Participation portion ofthe 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. Certificates of Recognition to Stylists and Sponsors of the Kool Cuts for Kids back to school program. 09/19/11 -1- CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreimeier and City Manager Delach Organizations: ACEA (Azusa City Employees Association), CAPP (Civilian Association Police Personnel), AMMA (Azusa Middle Management Association), SEIU (Service Employees International Union). 2. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of Payment a. BLOCK 36 Address: 152 E. Foothill Boulevard, Azusa, CA 91702 Address: 100 E. Foothill Boulevard, Azusa, CA 91702 Address: 614 — 640 N. Azusa Avenue, Azusa, CA 91702 Address: APN 8611-003- 921 Negotiating Parties: Lewis Retail Centers b. DOWNTOWN NORTH A2 & A3 Site Addresses: 858 N. Azusa Avenue, Azusa, CA 826 N. Azusa Avenue, Azusa, CA 830 N. Azusa Avenue, Azusa, CA 810 N. Alameda Avenue, Azusa, CA 805 N. Dalton Avenue, Azusa, CA 813 N. Dalton Avenue, Azusa, CA Negotiating Parties: Lewis Retail Centers 832 N. Azusa Avenue, Azusa, CA 812 N. Azusa Avenue, Azusa, CA 801 N. Alameda Avenue, Azusa, CA 803 N. Dalton Avenue, Azusa, CA 809 N. Dalton Avenue, Azusa, CA 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec 54956.9 (a)) Gale Banks Engineering vs. City of Azusa, Los Angeles Superior Court, Case No. BS 133253 and City of Irwindale vs. City of Azusa, Los Angeles Superior Court, Case No. BS 132946. 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. 1. Call to Order 2. Pledge to the Flag 3. Invocation — Father Gustavo Castillo of Saint Frances of Rome Church 09/19/11 - 2 - 0 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 Mayor Rocha — a. Mr. James Hester tQ report on Cory's Kitchen Food Banks, Veterans Division. b. Community Scholars Presentation. C. SCHEDULED ITEMS 1. AUTHORIZATION TO AMEND THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND FOOTHILL TRANSIT TO PROVIDE DIRECTION FOR THE DEVELOPMENT OF A PARK AND RIDE FACILITY. RECOMMENDED ACTION: Approve an amendment to the Memorandum of Understanding (MOU) between the City of Azusa and Foothill transit to provide direction for the development of a park and ride facility between Alameda Avenue and Dalton Avenue, north of Foothill Boulevard and south of 91h Street. 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 SEPTEMBER 6, 2011. RECOMMENDED ACTION: Approve Minutes as written. 2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED .ACTION: Approve Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). 3. CITY TREASURER'S REPORT AS OF JULY 31, 2011. RECOMMENDED ACTION: Receive and file the Report. 09/19/11 -3 - 4. ANNUAL SUNGARD BI -TECH SOFTWARE SUPPORT. AND MAINTENANCE AGREEMENT Ha RECOMMENDED ACTION: Waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer software maintenance services and 2-523 section C, no competitive market and approve the software maintenance and support agreement from Sungard Bi -Tech Inc, in the amount of $50,708.08. 5. MOTOROLA MOBILE COMPUTER DISPLAY ANNUAL MAINTENANCE AND SUPPORT - AGREEMENT. RECOMMENDED ACTION: Waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer software maintenance services and 2-523 section C, no competitive market, and approve the software maintenance and support agreement from Motorola Inc, in the amount of $25,180.92. 6. SET OFFICE REMODEL RECOMMENDED ACTION: Approve the purchase of office furniture for a minor remodel of the SET office in the Detective Bureau. The furniture will be purchased from Knoll, Inc., c/o Western Office Interiors, in the amount of $16,776.17 based on the competitive bid process completed under U. S. Communities Contract #ROQ 01-41131316-C. This purchase is authorized by AMC Section 2-523(e) when the competitive bid process has already been completed. 7. RESOLUTIONS APPOINTING MEMBERS TO VARIOUS CITY BOARDS AND COMMISSIONS: RECOMMENDED ACTION: Adopt Resolution No. 11-C65 through 11-C68 as follows: a. Resolution re -appointing Ginger Devine to the Library Commission. b. Resolution re -appointing Dena Simpson to the Library Commission. c. Resolution re -appointing David Santellan to the Park and Recreation Commission. d. Resolution appointing Jesse R. Avila Jr. to the Planning Commission. 8. APPROVAL OF LICENSE AGREEMENTS FOR BOOKMOBILE STOPS AT ELLINGTON ELEMENTARY SCHOOL, SIERRA HIGH SCHOOL, AND FOOTHILL MIDDLE SCHOOL. RECOMMENDED ACTION: Approve the attached license agreements between Azusa Unified School District and the City of Azusa for Bookmobile stops at Ellington Elementary School, Sierra High School, and Foothill Middle School. 9. APPROVAL OF GRANT FROM TARGET FOR STORYTIME KITS AND ASSOCIATED BUDGET AMENDMENT. RECOMMENDED ACTION: Approve acceptance of a grant from Target for Storytime Kits and approve the attached budget amendment. 09/19/11 - 4 - 10. CIP PROJECT #66109E: AWARD OF CONTRACT TO SULLY MILLER CONTRACTING COMPANY FOR THE ROSEDALE TRAFFIC SIGNAL MITIGATION IMPROVEMENTS IN THE AMOUNT OF $817,025. RECOMMENDED ACTION: Award CIP 66109E, Rosedale Traffic Signal Mitigation to Sully Miller Contracting Company in the amount of $817,025. 11. CIP #66111F: CERRITOS AVENUE AND GLADSTONE STREET TRAFFIC SIGNAL IMPROVEMENTS AND CIP #66109E AND 466111E: THE TRAFFIC SIGNAL MODIFICATION OF CITRUS AVENUE AND BASELINE ROAD — NOTICE OF COMPLETION. RECOMMENDED ACTION: Approve a Notice of Completion for the following project and authorize staff to file the Notice of Completion with the Los Angeles County Clerk: Cerritos Avenue and Gladstone Street Traffic Signal Improvements Project No. 66111F and Traffic Signal Modification of Citrus Avenue and Baseline Road Project Nos. 66109E and 66111E — Dynalectric, Los Alamitos, CA 90720 12. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY. RECOMMENDED ACTION: Adopt Resolution No. 11-C69. CONVENE JOINTLY WITH THE REDEVELOPMENT AGENCY E. AGENCY JOINT ITEM. I. COMMUNITY REMITTANCE FUNDING AGREEMENT AND RECOGNIZED OBLIGATION PAYMENT SCHEDULE. RECOMMENDED ACTION: a. Waive further reading and adopt Resolution No. 11-C70, (City) and Resolution No. 11-R37, (Agency) conditionally approving and authorizing the execution of a Community Remittance Funding Agreement by and between the City and the Agency setting forth the terms of the Agency's annual transfer of tax increment revenue to the City under AB 1X 27. b. Waive further reading and adopt Resolution No. 1 I -R38, (Agency) approving and adopting a "Recognized Obligation Payment Schedule" pursuant to AB 1X 26. 09/19/11 -5 - CITY COUNCIL TO RECESS AND REDEVELOPMENT AGENCY TO CONTINUE 1 , 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 SPECIAL CALL ITEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 6 2011. RECOMMENDED ACTION: Approve Minutes as written. 2. AGENCY TREASURER'S REPORT AS OF JULY 31, 2011. RECOMMENDED ACTION: Receive and file report. 3. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE AGENCY. RECOMMENDED ACTION: Adopt Resolution No. 11-R39. G. ADJOURNMENT 1. Adjourn. UPCOMING MEETINGS: September 26, 2011, Utility Board Meeting — 6:30 p.m. Azusa Light and Water Conference Room October 3, 2011, City Council Meeting — 6:30 p.m. Azusa Auditorium October 17, 2011, City Council Meeting — 6:30 p.m. Azusa Auditorium October 24, 2011, Utility Board Meeting — 6:30 p.m. Azusa Light and Water Conference Room. In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of the public at the following locations: Azusa City Clerk's Office - 213 E. Foothill Boulevard, Azusa City Library - 729N. Dalton Avenue, and Azusa Police Department Lobby - 725N. Alameda, Azusa, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting, please contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the meeting when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. 09/19/11 -6- r 1 SCHEDULED ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR VIA: F.M. DELACH, CITY MANAGER' DATE: SEPTEMBER 19, 2011 SUBJECT: AUTHORIZATION TO AMEND THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND FOOTHILL TRANSIT TO PROVIDE DIRECTION FOR THE DEVELOPMENT OF A PARK AND RIDE FACILITY RECOMMENDATION It is recommended that the City Council approve an amendment to the Memorandum of Understanding (MOU) between the City of Azusa and Foothill Transit to provide direction for the development of a park and ride facility between Alameda Avenue and Dalton Avenue, north of Foothill Boulevard and south of 9`h Street. BACKGROUND On June 14, 2010, the City Council held a study session to provide direction to staff on a parking structure to be located between Alameda Avenue and Dalton Avenue, north of Foothill Boulevard and south of the railroad tracks. At that meeting, the Council directed staff to work with Foothill Transit on the design of the parking structure in that location. The impetus for this proposed structure was to reserve the A2/A3 blocks (between Alameda Avenue and Dalton Avenue, between 9`h street and the railroad tracks) for a supermarket and/or other retail. Currently, the METRO Gold Line Foothill Extension Construction Authority (Authority) located the Alameda Station parking on the A2 block. Authority staff is open to move their parking to an alternate location, providing it is within 1,250 feet (walking distance) from the Alameda platform and includes at least 200 spaces. On September 7, 2010, the City Council considered entering into an MOU between the City of Azusa and Foothill Transit to provide direction for the development of a park and ride facility between Alameda Avenue and Dalton Avenue, north of Foothill Boulevard and south of the railroad tracks. At that meeting, the City Council directed staff to meet with the Sister City Committee and Azusa's Cultural & Historic Preservation Commission to get their input on the possibility of moving either or both houses for a parking structure. Both groups were opposed to moving either house. On October 4, 2010, the City Council authorized the City Manager to enter into an MOU between the City of Azusa and Foothill Transit to provide direction for the development of a park and ride facility between Alameda Avenue and Dalton Avenue, north of Foothill Boulevard and south of 91" Street. Since then, Foothill Transit, working in conjunction with Azusa staff, entered into contracts with a Parking Architect and Environmental Review Firm to begin the Federal and State environmental review for the proposed parking structure on Alameda Avenue and consideralternate locations within the area. Both consultants have been working on the environmental review. During public comment at their August 26, 2011 Foothill Transit Executive Board meeting, a group of Azusa residents spoke against the proposed Azusa parking structure. In response to that group, the Executive Board directed Foothill Transit staff to place the Azusa parking structure on hold. Azusa staff met with Foothill Board staff to discuss what needed to be done in order to move forward with the environmental review for the project. At that meeting, Foothill Transit staff informed Azusa staff that the Foothill Transit Executive Board was hesitant to risk spending $468,000 on an environmental review without the City of Azusa risking any funds. OPTIONS ' Option #1 — The City Council could approve the attached amendment to the existing MOU between the City of Azusa and Foothill Transit. The amendment includes verbiage that the City of Azusa will reimburse Foothill Transit for funds spent on the environmental review should the EIR not be approved by the City of Azusa. At this time, this amount is not to exceed $468,000. This amount includes environmental consultant, design work and engineering required to determine environmental impact. This option would complete the environmental review for the four -level, 500-520 space parking structure located on Alameda Avenue between Foothill Boulevard and the railroad tracks. Alternate locations between Alameda Avenue and Dalton Avenue and north of Foothill Boulevard and south of 91h street will be considered in the environmental review. In addition, the MOU would indemnify Foothill Transit should the EIR be challenged in court and Article 3 Funding Obligations of Foothill Transit would read, "Foothill Transit will contribute a minimum of $4,000,000 in Federal Transit Administration Section 5309 funds to the project." This allows Foothill Transit to contribute as much funding as necessary to complete the construction of the structure. Should the City of Azusa be required to reimburse Foothill Transit for the environmental review costs, the City would use federal funding dedicated towards a parking structure. This option does not risk general fund money or funding that could be used for anything other than a parking structure. Option #2 — The City Council could move forward on consideration of a 200+ space parking structure to replace the Gold Line's parking currently planned for the A2 block (between Azusa Avenue and Alameda Avenue, north of the railroad tracks and south of 91h street). This option would use only city of Azusa funding since there is no location that would meet the Gold Line's requirement of 1,250 feet from the Alameda Station and provide sufficient parking for Foothill Transit to participate. Possible locations are listed on attachment II. • Location #1 (Azusa/Wells Fargo Lot) is estimated at $7,500,000 for a 5 -level, 273 parking space structure. Positives: This location meets the Gold Line distance requirement and replaces existing parking spaces. Negatives: This location requires 5 levels to replace the existing parking and closes the alley between Azusa Ave. and Alameda Ave. Closure of the alley would negatively impact businesses on the block and eliminate an ingress/egress option to the Police Station. In addition, the southern section of the parking lot is not city -owned and an agreement would have to be negotiated. • Location #2 (Alameda/Foothill) is estimated at $6,200,000 for a 4 -level, 225 space structure. Positives: This location meets the Gold Line distance requirement and replaces existing parking spaces. Negatives: This location would negatively impact ingress/egress to Alameda Avenue including City Hall and Police Station. • Location #3 (Senior Center Parking Lot) is estimated at $6,200,000 for a 4 -level, 231 space structure. Positives: This location meets the Gold Line distance requirement and replaces existing parking spaces. Negatives: This location would negatively impact the Senior Center activities with extra traffic circulation. Also, this location would abut existing residential. t • Location 94 (Light & Water Parking Lot) is estimated at $7,000,000 for a 4 -level, 240 space structure. Positives: This location meets the Gold Line distance requirement and replaces existing parking spaces. Negatives: This location would narrow San Gabriel Avenue to 2 traffic lanes. • Location #5 (City Hall Lot) is estimated at $6,500,000 for a 4 -level, 240 space structure: Positives: This location meets the Gold Line distance requirement and replaces existing parking spaces. All of these options would include the following negatives: Depending upon the location chosen, the City would need to bond or borrow between $700,000 and $2,000,000. This could be repaid with future transportation funding (Prop A, C, or Measure R). However, this would severely impact the City's capital projects including traffic signal improvements, pavement management, and sidewalk improvements. In addition, time would become an issue as the Gold Line Construction Authority is scheduled to complete their parking bid packages for the entire Phase IIA extension (from Siena Madre Villa to Azusa — Citrus Station) by July 2012 and has required all cities, including Azusa to environmentally clear any alternate parking locations by that date. To begin a new environmental review (both federal and state) would take approximately 12 months. The City would need to convince the Authority that our alternate location would be cleared by that date or request an extension. Otherwise, the Authority would move forward with their parking on A2 and could possibly acquire the property through eminent domain. Option #3 — The City Council could abandon consideration of providing alternate parking for the Gold Line Alameda Station. This option would mean the Gold Line would move forward with their parking on the A2 block. In addition, the retail opportunity for A2/A3 could not include a grocery store or any other major retail. The Redevelopment Agency spent approximately $12,000,000 in property acquisition and relocation costs to assemble A2/A3 for a grocery store and/or additional retail to compliment the Target development and provide retail opportunities to Azusa residents. Retail on A2/A3 was also what was recommended by the Azusa Citizen's Congress and the Downtown North Committee. Azusa staff estimates the value of the property the Gold Line would purchase for their parking at $2,000,000 to $3,000,000. Staff recommends the City Council approve the amendment to the MOU between the City of Azusa and Foothill Transit. FISCAL IMPACT Staff Recommendation Fiscal Impact: The MOU details that the City's contribution will not exceed $5,559,000. The City currently has $2,000,000 in FY05 Federal Earmark and $3,521,000 in FY09 METRO Call For Projects grant. Foothill Transit will provide the remainder of the funding towards construction of the parking structure. Staff recommendation would not require the City to dedicate any transportation or general fund money. Option #2 Fiscal Impact: The City would need to fund an additional $700,000 to $2,000,000 using future transportation funding or general fund money. This would negatively impact the City's future traffic signal improvements, pavement management, and sidewalk improvements. Option 43 Fiscal Impact: The Redevelopment Agency would lose up to $9,000,000 in investment with little or no future sales tax and/or tax increment from retail on A2/A3 blocks. Attachments: Amendment to Memorandum of Understanding Exhibit I — Current Alameda Parking Structure Exhibit II — Optional Locations Exhibit III— Gold Line Proposed Alameda Parking NOTES 1. FOR SIIIRM R14S Y[ WET A 541. 2.91 IMIMI W RIM FOR RmIW L.Tt n' METRO GOLD LINE FOOTHILL EXTENSION CONSTRUCTION AUTHORITY GOLD LINE FOOTHILL EXTENSION PHASE 2A HO OnteirUUd1Q0®P1@5 PASADENA TO AZUSA(CITRUS) FEBRUARY 11, 2011 GOLD LINE FOOTHILL EXTENSION ADVANCED CONCEPTUAL ENGINEERING PHASE 2A ALIGNMENT AZUSA-ALAMEDA STATION Board Members: June 8, 2011 Doug Tessitor Chair ` Council Member, City of Glendora Appointee of City of Pasadena Fran Delach Sam Pedroza City Manager I" Vice Chair Council Member, City of Azusa CityClaremont 213 E. Foothill Boulevard A of App San Gabriel Valley Azusa, California 91702 Council of Governments Ed Vic Cha Vice Chair Reyes d P. SUBJECT: Azusa -Alameda Surface Parking Lot E Council Member, City of Los Angeles - .•..�..... .. Appointee Of City of Los Angeles Dear Mr. Delach: Keith Hanks Member Council Member, City of Azusa Appointee of City Of South Pasadena John Fasana Member Council Member, City of Duane Appointee of Los Angeles County Metropolitan Transportation Authority Bill Bogaard Member, Non -Voting Mayor, City of Pasadena Appointee, City of Pasadena Lara Larramendi Member, Non- Voting Gubemalonal Appointee Daniel M. Evans Member, Non -Voting City of South Pasadena Appointee City of South Pasadena Executive Officer: Habib F. Balian Chief Executive Officer Metro Gold Line Foothill Extension Construction Authority J06 L. Hill 1 n;;Inn Divc. Shite 70J Monromt, CA. 9101,, 3633 525-x'19050 pl• u26 n"x1.9013 i. v;aroottalextenslan nr} BLCA-AZU-083 As you know, the Final Environmental Impact Report (FEIR) for the Gold Line Foothill Extension light rail project includes a proposed (Azusa -Alameda) surface parking lot located between Azusa Ave and Alameda Ave, north of the railroad right-of-way. In accordance with our discussions at the coordination meetings with the City of Azusa (City), it is the Construction Authority's understanding that the City desires to relocate the proposed Azusa -Alameda parking lot, such that the aforementioned area may be used for redevelopment purposes. The City has informed the Construction Authority, that the City is working with Foothill Transit to study and environmentally clear a parking structure at an alternate adjacent site, to address the parking needs of: the City. Foothill Transit and the Construction Authority, such that the Azusa -Alameda surface parking lot will not be required. Based on this information, the Construction Authority has stopped any efforts to advance the engineering of the proposed Azusa -Alameda surface parking lot. After review of the Foothill Extension light rail project program schedule, we have identified the date of July 2, 2012, as to when environmental clearance for the alternate site and parking structure is required, such that it does not have an impact to the completion of light rail project. In the event that the environmental clearance is not achieved by July 2, 2012, or if the structure is not anticipated to be complete by December 2014, the Construction Authority will then need to move forward with the Azusa -Alameda surface parking lot, as contemplated in the FEIR. I Mr. Fran Delach June 8, 2011 Page 2 If you have any questions, please contact me at (626) 305-7022 or cburner(a-)foothillextension.org. Sincerely, Christopher Burner Chief Project Officer cc: Document Control t CITY OF AZUSA FIRST AMENDMENT TO FOOTHILL TRANSIT MEMORANDUM OF UNDERSTANDING 1. PARTIES AND DATE. This First Amendment to the Memorandum of Understanding (MOU) ("First Amendment") is entered into on the _ day of , 2011, by and between the City of Azusa, a municipal corporation organized under the laws of the State of California, with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702-1295 ("City") and Foothill Transit, a joint powers agency organized under the laws of the State of California with its principal place of business at 100 South Vincent Avenue, Suite 200, West Covina, California 91790 ("Foothill Transit"). City and Foothill Transit are sometimes individually referred to herein as "Party" and collectively as "Parties". 2. RECITALS. 2.1 Agreement. The Parties entered into that certain Memorandum of Understanding dated October 4, 2010 ("Original MOU"), whereby Foothill Transit agreed to partner with the City to cause a park and ride facility to be constructed within the City for use by multiple public agencies and the public. 2.2 First Amendment. The Parties now desire to amend the Original MOU to: (1) provide for a) the City's reimbursement of costs associated with the environmental review process and b) defense and indemnification of Foothill Transit in the event that the Project is approved, but later successfully challenged in court; and (2) clarify that Foothill Transit's minimum financial contribution to the construction of the Project is $4 million dollars. 3. TERMS. 3.1 Funding Obligations of Foothill Transit. The second sentence of Article 3 of the Original MOU is hereby deleted and replaced with the following: "Foothill Transit will contribute its fair share of the construction Project costs which at this point in time is a minimum amount of $4,000,000. 3.2 Preconstruction Environmental Review. The following is hereby added to the end of Section B of Article 5 of the Original MOU: "However, in the event that the project is approved by the City, but later successfully challenged in court resulting in the loss of approvals to construct the Project, City shall reimburse Foothill Transit for costs incurred in preparing and processing all environmental documents related to the Project as required by the California Environmental Quality Act, or other State or Federal laws. City's reimbursement obligation hereunder, shall not exceed $468,000. 4563 5.01000\55 70166.1 3.3 Defense and Indemnification. Article 16 of the Original MOU is hereby amended to add a new Subsection E to read as follows: "E. In the event that Foothill Transit obtains all entitlements and approvals to construct the Project, but is not able to initiate construction activities due to the filing of a legal challenge in court, the City agrees to defend and indemnify Foothill Transit in relation to the legal challenge." 3.4 Continuing Effect of Agieement. Except as amended by this First Amendment, all provisions of the Original MOU shall remain unchanged and in full force and effect. From and after the date of this First Amendment, whenever the term "MOU" appears in the MOU, it shall mean the MOU as amended by this First Amendment. 3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment. 3.6 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to bean original, but when taken together shall constitute but one and the same instrument. CITY OF AZUSA By: Francis M. Delach City Manager ATTEST: By: Vera Mendoza City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney 45635.01 0W5570166.1 FOOTHILL TRANSIT Doran J. Barnes Executive Director APPROVED AS TO FORM: In Thompson Coburn LLP Special Counsel to Foothill Transit f w ,4 CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 6, 2011 — 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 E. Foothill Boulevard, Azusa, CA 91702. CEREMONIAL Ceremonial The City Council presented Certificates of Recognition to Azusa National Little League Rays — Juniors, for Cert of Rec winning District 19 Tournament of Champions Junior Division and Azusa National Little League lronbirds — National Little Minors, for winning District 19 Tournament of Champions Minor Division. League The City Council presented checks to Azusa High School and Gladstone High School Golf teams for their Checks AHS contributions to Kids Come First Golf Tournament, GHS Golf CLOSET) SESSION The City Council recessed to Closed Session at 6:50 p.m. to discuss the following: I. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code See. 54957.6) Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreimeier and City Manager Delach Organizations APMA (Azusa Police Management Association). 2. PUBLIC EMPLOYEE APPOINTMENT (Gov. Code Sec. 54957) Title: City Manager 3. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of Payment a. BLOCK 36 Address: 152 E. Foothill Boulevard, Azusa, CA 91702 Address: 100 E. Foothill Boulevard, Azusa, CA 91702 Address: 614 — 640 N. Azusa Avenue, Azusa, CA 91702 Address: APN 8611-003- 921 Negotiating Parties: Lewis Retail Centers b. BLOCK 37 Address: 634 N. San Gabriel Avenue, Azusa, CA 91702 Negotiating Parties: Soon Kwon I c. DOWNTOWN NORTH A2 & A3 Site Addresses: 858 N. Azusa Avenue, Azusa, CA 832 N. Azusa Avenue, Azusa, CA 826 N. Azusa Avenue, Azusa, CA 812 N. Azusa Avenue, Azusa, CA 830 N. Azusa Avenue, Azusa, CA 801 N. Alameda Avenue, Azusa, CA 810 N. Alameda Avenue, Azusa, CA 803 N. Dalton Avenue, Azusa, CA 805 N. Dalton Avenue, Azusa, CA 809 N. Dalton Avenue, Azusa, CA 813 N. Dalton Avenue, Azusa, CA Negotiating Parties: Lewis Retail Centers Closed Session Conference w/Labor Negotiator APMA Pub Employee Appointment Real Prop Negotiations Block 36 Block 37 Downtown North A2 & A3 Sites The City Council reconvened at 7:37 p.m. City Attorney Hull advised that direction was given to staff but Cncl revnd there was no reportable action taken in Closed Session. Closd Sess No Reports Mayor Rocha called the meeting to order. Call to Order Ms. Carmen Silva led the pledge to the Flag. NPastor Flag Salute Invocation was given by Dale Winslow of Foothill Community Church Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA Comments ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Hull, City Manager Delach, Assistant City Manager Makshanoff, Police Chief Garcia, Police Captain Gonzalez, Director of Public Works Haes, Director of Economic and Community Development Christiansen, Director of Utilities Morrow, Library Director Johnson, Public Information Officer Quiroz, City Engineer Hassel, Assistant Director of Economic and Community Development McNamara, Emergency Services Coordinator Bruno, Area D Representative Hunimiller, Recreation Superintendent Gonzales, Program Coordinator Martinez, Senior Management Analyst Del Toro, Senior Office Specialist Bautista, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr. Mike Lee addressed Council with comments regarding the Rentchlers Anniversary, Roger Hernandez, M. Lee Concerts in the Park, parking structure, 9-11 Remembrance, Grocery Worker's, Applebee's, Congregational Comments Ale House and Redevelopment funds. Mr. Walter Schaub invited Council to the 2"d Annual Shepherds Pantry Fundraiser to be held on Saturday, W. Schaub September 24, 2011 at 6 p.m. at the Glendora Community Country Club, to obtain tickets call (626) 852- Comments 7801 or e-mail shepherdspantry.com. He detailed information regarding the Sheppard's Pantry and its operation. P. Martinez Reverend Gilbert Becerril of Pathfinders Ministries addressed Council, first thanking Lieutenant Frank G. Becerril Chavez of the Azusa Police Department for coming to the aide of a homeless family in the City. He talked Comments about the agenda item regarding the Transfer of the Temporary Homeless Voucher Program Funds from the J. Avila East San Gabriel Valley Coalition for Homeless to the Azusa Voucher Taskforce Committee via Pathfinders Comments Ministries. Speakers Ms. Christy Joy Brendel of Methodist Hospital addressed Council thanking the Chief of the Fire Department C. Brendel and Paramedics for the support to the FAST -MAG & Stroke Program. She presented Battalion Chief Comments Bernstein with a Certificate of Appreciation for his and the Paramedics support. Mr. Kim Paulsen addressed Council expressing his concern regarding historical landmarks being tom down K. Paulsen in Azusa. He talked about the Azusa Depot on of Santa Fe and the damage that has/could occurred there. He Comments asked that Council respect the properties that the City has at this time. Ms. Peggy Martinez addressed Council and announced the W Annual Miss Azusa and Miss Outstanding P. Martinez Teen Pageant to be held on February 18, 2012, and thanked Council for their participation and sponsorship. Comments She talked about her choice for candidate for the Azusa Unified School Board. Mrs. Jennie Avila addressed Council expressing her appreciation for being chosen as Azusa's Community J. Avila Hero to represent Azusa at the Los Angeles County Fair this year. Comments The following persons spoke against placing a Park and Ride Structure on Alameda in the City of Azusa: Speakers Jennie Avila, Joe Guarrera, Jeri Vogel, Jorge Rosales, Ronald Lohr, Audrey Lohr, Stephanie Mills, Bruce Prop Park & Knoles, and Tom Sanchez. Ride Structure Mr. Scott Bledsoe of Azusa Pacific University addressed Council and announced the Azusa Cares Workshop S. Bledsoe on Bullying, Saturday, September 17, from 10 a.m. — 1 p.m, at Lee Elementary School. Comments Ms. Elizabeth Ramirez, Executive Director of the Canyon City Alliance, addressed Council providing E. Ramirez information regarding the Canyon City Alliance activities, specifically an update on the Vulcan Project. Comments Ms. Iso Nakasato representative of Assemblyman Roger Hernandez' office addressed Council announcing 1. Nakasam and inviting all to the following events: Scam Stoppers, Saturday, September 100 at the West Covina Senior Comments Center from 10 a.m. to noon, Candlelight Vigil on Sunday at 8 p.m. in Remembrance of the victims of 9-11 terrorist attacks, Azusa Cares Bullying Workshop at Lee School Saturday September 17u', and Coffee with Assemblyman Roger Hernandez on Saturday, September 24' from 10 a.m. — noon. Mr. Art Morales addressed Council and talked about the band shell and tennis courts that used to be at A. Morales Veteran's Park, and the parking structure which he said would be replacing another parking structure. Comments 09/06/11 PAGE TWO City Manager Detach responded to questions regarding the Santa Fe Depot which is not owned by the City City Mgr and is in the railway right a way, and regarding the proposed puking structure. Response REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts, Updates The entire Council presented a Proclamation to Ms. Olga Bruno, Emergency Services Coordinator for the Presentation City of Azusa recognizing September, as National Preparedness Month. Ms. Bruno graciously accepted the Of Proclamation proclamation recognizing the many persons who aide her in Emergency Services for the City of Azusa. She O. Bruno, thanked City Manager Delach, Chief of Police Garcia, Captain Gonzalez, Members of the Team, Azusa National Police Department, Office of Emergency Services, the Emergency Operations Center Team, (AACES) Preparedness Azusa Amateur Radio Communication Emergency Services members, the Area D Office of Disaster Month Management, and the many other volunteer and civic organizations that routinely provide their invaluable services to our community. She reminded all to prepare for earthquakes and other disasters. It was consensus of Council that September 12, 3011 be the date for interviews for applicants of the City Interviews Brd Board and Commission vacancies, at 6:30 p.m. in the Light and Water Conference Room.. & Com. 9/12/11 Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously carried to Proc 101h Anni. prepare a proclamation to join the National Moment of Remembrance of the 10" Anniversary of September 9-11 I1m Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously carried to Sponsorship approve request from Citrus College for City Sponsorship in the amount of $200 in order that Gladstone Saluting Our High School Marching Band participate in the sixth annual "Saluting Our Veterans" event to be held at Veterans Citrus College on Thursday, November 3, 2011. Mayor Pro -Tem Hanks announced that the Gold Line is beginning construction of a bridge in Arcadia. Iie Hanks talked about the upgrade of the Panama Canal and concerns about the movement of goods in the port of Comments . Long Beach which could be affected and the need to be prepared to protect and improve jobs and potential - loss of business. He commented on a proposed parking structure for the Gold Line stating that if the City doesn't find a place it will be across from Target and the City will lose shopping center/market in that area. He talked about the process, study, which needs to be completed before decisions can be made, the possibility of losing the funding source, and public comment. Councilmember Gonzales congratulated Parks and Recreation for the success of the overnight camp out at Gonzales Northside Park; he thanked the hair stylists, volunteers and sponsors of the Kool Cuts for Kids and requested Comments certificates for the event to be presented at the next meeting, September 19u, and reminded all to slow down as the kids are back in school. He responded to comments stating that West Covina turned down their parking structure due to a development project they were undertaking. ' Councilmember Macias wished all kids and students a good school yew, and welcomed all who were in Macias attendance at the meeting. Comments Councilmember Carrillo thanked Project Coordinator Adrian Martinez and staff at Park and Recreation for Carrillo the success of Concerts in the Park, thanked and expressed his appreciation to Emergency Services Comments Coordinator Olga Bruno for the work behind the scenes to make sure the City is prepared, and keeping everyone informed on a daily basis about weather conditions, etc. He talked about the Grand Openings of Applebee's and Congregational Ale House. Mayor Rocha stated that the Manager of .Applebee's is Steven Franklin, an Azusa High graduate. The Rocha meeting will be adjourned in memory of Dolores J. Martinez. He announced the following: Be A Walker— Comments Saturday, September 10t°, Candle Light Vigil 9-11 Remembrance — Sunday, September 11a', 8:00 p.m, and Workshop on Bullying — Saturday, September 17, from 10 a.m. — I p.m. at Lee Elementary School. He asked that plaques be prepared for the Community Hero's Jenny Avila and Angel Maldonado to be presented at the fair. City Manager Delach advised that the radar speed signs have been placed on Baseline and Rockvale. City Mgr & Director of Public Works Haes responded to question regarding horizontal rails in front of Lee school and Dir PW's safety measures. Comments SCHEDULED ITEMS Sched Items PUBLIC HEARING - ANNUAL METROPOLITAN TRANSPORTATION AUTHORITY (MTA1 Pub Hrg CONGESTION MANAGEMENT PROGRAM (CMP) LOCAL DEVELOPMENT REPORT CMP Assistant Director of Economic and Community Development McNamara addressed the Hearing stating that C. McNamara this is the Congestion Management Monitoring Report for MTA. Each year staff tracks the debits and Comments credits and the development report is sent to the MTA and is required so that the City remains eligible for the Section 2105 Highway User tax money; he detailed the analysis of developments in the City over the last year. 09/06/11 PAGE THREE The Mayor declared the Hearing open. Deputy City Clerk read the affidavit of notice of said hearing Hrg open published in the Azusa Herald on August 25, 2011. _ Mr. Art Morales addressed the Hearing stating the City should look into the feasibility of obtaining round A. Morales reflectors on the ground on freeway off ramps as do other cities. Comment Moved by Councilmember Carrillo, seconded by Mayor Pro -Tem Hanks and unanimously carried to close Hrg Clsd the Public Hearing. Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY OF AZUSA, CALIFORNIA, FINDING THE CITY TO BE IN Resolution CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING No. I1 -C60, THE 2011 CMP LOCAL DEVELOPMENT REPORT, IN -ACCORDANCE WITH CALIFORNIA Local GOVERNMENT CODE SECTION 65089 Development Report and self - Moved by Councilmember Macias, seconded by Mayor Pro -Tem Hanks to waive further reading and adopt. certification Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CONSIDERATION OF TRANSFER OF THE TEMPORARY HOMELESS VOUCHER PROGRAM Transfer Home FUNDS FROM THE EAST SAN GABRIEL VALLEY COALITION FOR HOMELESS TO THE Less Voucher MAYOR'S APPOINTED "AZUSA VOUCHER TASKFORCE COMMITTEE" VIA PATHFINDER Funds MINISTRIES (50I (C) (3)). After discussion, it was moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales and -Discussion and unanimously carried to approve a transfer of the "Temporary Homeless Voucher Program" remaining fund Approval balance of $2,500 to the Azusa Voucher Taskforce Committee via Pathfinder Ministries (501 (C) (3)) to provide temporary shelter for families of Azusa Unified School District for a more local expeditious implementation of the program. - CONTRACT FOR FISCAL YEAR 2011/12 WITH THE AZUSA CHAMBER OF COMMERCE. Chamber agmt After discussion, it was moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales and Discussion unanimously carried to authorize staff to finalize and execute the Agreement Regarding Chamber of And Approval Commerce Funding and Support between the City of Azusa and the Azusa Chamber of Commerce for Fiscal Year 2011/12. The CONSENT CALENDAR consisting of Items D-1 through D-15 was approved by motion of Consent Cal Councilmember Gonzales, seconded by Mayor Pro -Tem Hanks and unanimously carried with the exception of items D-2 and D-14, which were considered under the Special Call portion of the Agenda. Councilmember Macias abstained from the Minutes of July 25, 2011, item D-1 as he was not in attendance at the meeting. 1. The minutes of the special meetings of June 27'", July 25", and August 186, 2011 and the regular Min appvd meeting of July 18, 2011, were approved as written. (Macias abstained from July 25" minutes) 2, SPECIAL CALL ITEM. 3. The City Treasurer's Report as of June 30, 2011 was received and filed. Spec Call Treas Rpt 4. Approval was given for four Off -Campus Federal Work -Study Program Agreements: One for Azusa Reads, AZUSA READS, WRITES, COUNTS, (AZUSA RWC) and another for AZUSA CALCULATES, Writes, Counts, both at the Azusa City Library; and GIRLS ON THE MOVE AND KIDS ON THE MOVE and Etc. COMPUTER LAB TUTOR, both through the Department of Recreation and Family Services, and the City Manager was authorized to sign the agreements between Azusa Pacific University (APU) and the City of Azusa. 5. Approval was given for the extension of the Use/Lease Agreement with Azusa Pacific University for Lease Agmt the Slauson Park Community Pool/Azusa Aquatics Center from September 7, 2011 - April 28, 2012. APU Pool 6. Approval was given for the purchase of ten Panasonic Toughbook laptop computers and associated Purchase equipment for mobile digital computer (MDC) use in police vehicles from CDCE, Inc. in the amount Toughbook of $61,945.38, the purchase of this equipment is based on the competitive bid process completed Laptop PD under GSA Contract Number GS -35F -0143R, per AMC Section 2-523(E). 09/06/11 PACE FOUR - 7. Approval was given for the Memorandum of Understanding and the City Manager was authorized to MOU Centro sign the agreement between Centro Latino for Literacy and the City of Azusa. Latino 8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CLASSIFYING THE Res. I1 -C61 VARIOUS COMPONENTS OF FUND BALANCE AS DEFINED IN GOVERNMENTAL GASB Stmt 54 ACCOUNTING STATEMENT NO. 54. 9. The Azusa Police Management Association (APMA) Contract Effective August 1, 2010 Through July 31, 2015, was approved. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE Res. IJ -C62 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE AZUSA POLICE MOU APMA MANAGEMENT ASSOCIATION EFFECTIVE AUGUST 1, 2010 THROUGH JULY 31, 2015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FOR EMPLOYER PAID Res.]] -C63 MEMBER CONTRIBUTIONS. Emp Paid Con 10. Notice of Completion for Foothill Boulevard Reconstruction Project #6611013 — Sully Miller NOC Foothill Contracting Co., was approved and staff was authorized to file with Los Angeles County Clerk. Reconstruction 11. Notice of Completion Pavement Management Program Project #66111D — All American Asphalt, NOC Pavement was approved and staff was authorized to file same with the Los Angeles County Clerk. Management 12. Notice of Completion for Project No. SRTSL-5112(011) — Safe Routes to School, CIP #661113 — NOC Safe Martinez Concrete Inc., was approved and staff was authorized to file same with Los Angeles County Routes School Clerk. 13. Notice of Completion was approved for Police Station Full Roof Restoration (CIP# 31011C) — NOC Police - Restoration of the roofing system at the Police Station addressed required maintenance and improved Station Roof the energy efficiency of the facility. Staff was authorized to file Notice with Los Angeles County Restore Clerk. Comment 14. SPECIAL CALL ITEM. Spec Call 15. The following resolution was adopted and entitled: Action Items A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. H -C64 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants TO BE PAID. SPECIAL CALL ITEMS Special Call Items Councilmember Gonzales advised that he would be abstaining from HR Action Items as his brother is listed Gonzales for a Merit Increase; there is no conflict of interest. Comment 2. HUMAN RESOURCES ACTION ITEMS. Human Res Merit Increase: R. Martinez, O. Bruno, H. Gonzalez, M. Gonzales, Action Items Promotion: E. Cardoso, Water Production Operator I. New Appointments: M. Barbosa, Engineering Associate. Moved by Mayor Rocha, seconded by Councilmember Carrillo and carried to approve the HR Action Items. HR appvd Councilmember Gonzales abstained. 14. APPROVAL OF LANDSCAPING AGREEMENT AND POSTING OF BOND FOR FINAL TRACT Landscape MAP 63336-2, MAPLETON AT ROSEDALE, BY KB HOME COASTAL. INC. Agmt Rosedale Discussion was held regarding the Arroyo and it was noted that it is not a park but a landscape area that Discussion would be maintained by the Homeowner's Association. It was also noted that foliage at the entrance of the tunnel should not be dense. Moved by Mayor Rocha, seconded by Councilmember Carrillo and unanimously carried that the Agreement Landscape for Completion of Landscaping Improvements for a portion of the Arroyo adjacent to Tract 63336-2 and Agmt accept the Faithful Performance Bond in the amount of $500,000 for landscaping improvements of a portion Approved of the Arroyo adjacent to Tract 63336-2, as guaranteed by Westchester Fire Insurance Company, be approved and the City Manager was authorized to execute same. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT Cncl Recess 9:47 P.M. THE REDEVELOPMENT AGENCY ADJOURNED AND THE AZUSA PUBLIC CRA Adjourn FINANCING AUTHORITY CONVENED AT 10:00 P.M., THE CITY COUNCIL RECONVENED APFA, Cnel AT 10:02 P.M. Rcnvd 09/06/11 PAGE FIVE ORDINANCES/SPECIAL RESOLUTIONS Ord/Spec Resos Due to the fact that the five City Council members own real property within 500 feet of the boundaries of the Conflict of Redevelopment Plan there was a need to invoke the role of necessity, which is when the participation of Interest Council Members is legally required in order to make a decision. The passage of this ordinance required -Exists that three members vote on the matter which was selected by a straw vote at a previous meeting. Councilmember Carrillo offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA DETERMINING IT WILL Ord. 11-015. COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT Voluntary TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO Alternative PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE AZUSA REDEVELOPMENT Redevelopment AGENCY, Program Moved by Councilmember Carrillo, seconded by Mayor Pro -Tem Hanks to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: CARRILLO, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUJCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: GONZALES, MACIAS It was consensus of Councilmembers to adjourn in memory of Dolores J. Martinez. Adjourn in Memory of Dolores J. - Martinez TIME OF ADJOURNMENT: 10:03 P.M. CITY CLERK NEXT RESOLUTION NO. 2011-C65. NEXT ORDINANCE NO. 2011-016. 09/06/11 PAGE SIX CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER VIA: F.M. DELACH, CITY MANAGER DATE: SEPTEMBER 19, 2011 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 September 13, 2011, the Personnel Board confirmed the following Department Head recommendations regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT - DEPARTMENT, 'NAME CLASSIFICATION ACTION/EFF RANGE/STEP DATE BASE MO SALARY PD Cherie Eads Police Officer Regular Appoint. 6101/1 09/09/2011 $5,632.47 PD Fernando Police Officer Merit Increase 6101/2 Vasconcelos 08/19/2011 $6,214.51 PW Roberto Nodarse Street Maintenance Merit Increase 8153/5 Worker I 07/14/2011 $4,084.98 UTL Garrett Conrad Welder/Water Merit Increase 5190/4 Distribution Worker I 0721/2011 $5,487.84 B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to the Rules of The Civil Service System. DEPARTMENT NAME. ,- CLASSIFICATION .. EFFECTIVE.: RANGE/STEP DATE BASE MO. SALARY PD Steven Property, Evidence & Crime Scene TBD 4192/1 Rodriguez Technicain $4,815.17 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. TO: HONORABLE MAYOR AND MEMBERS OF THE CCCITY COUNCIL FROM: MARCENE HAMILTON, CITY TREASURER DATE: SEPTEMBER 20, 2011 SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES FOR THE MONTH OF JULY 2011 RECOMMENDATION: It is recommended that the Council Members receive, review, and file the City Treasurer's Report for the City of Azusa for the month of July 2011. BACKGROUND: Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa for the month of July 2011. City investments are made in accordance with the City's Investment Policy adopted and approved with Resolution No. 05 C16 dated, October 18, 2010 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. The change in total cash in bank and investments from June 30, 2011 to July 31, 2011 is a net decrease of $6,837,440.85. CITY OF AZUSA TREASURER'S REPORT Treasury Checking Accounts and Certificates of Deposit July 31, 2011 Held in Wells Fargo Bank Prepared by: Marcene Hamilton, Treasurer Face Maturi Interest or Account Number Balance Amount Date Coupon Description or CUSIP or Rate Market Value Checking Accounts - - _ - .-General Checking Account XXX-XXX1244 249,897.00 Stagecoach Sweep Account DDA XXX-XXX1244 1,181,435.49 Worker's Compensation Checking XXXX-XX0318 0.00 Flexible Reimbursement XXXX-XX5036 0.00 Payroll Checking (ZBA account) XXXX-XX1393 0.00 Police Petty Cash Fund XXX-XXX0334 189.12 Section 108 0.970% Choice IV -Public Fund Account XXX-XXX2239 30,873.37 200,000 11/14/06 3.060% FHLB 3.060 11/14/06 (Matured) 3133X6PD2 0.00 ISO Collateral Account 300,000 Every 30 Days 0.050% Certificate of Deposit XXX-XXX1658 314,239.99 1,975,001 04/07/07 3.748% Certificate of Deposit XXX-XXX2840 2,367,029.39 Covington Endowment WFB Advantage Heritage Money Markel Fund (rated AAAm/Aaa) WFB XXXX7554 17,446.55 Certificate of Deposit 100,000 06/29/09 1.400% Discover Bank DE Matures 5/12/14 CUSIP 254670D66 100,000.00 TOTALS 4,261,110.91 CITY OF AZUSA TREASURER'S REPORT TREASURY INVESTMENTS Prepared by: Mercene Hamilton, Treasurer July 31, 2011 Broker Fam Amount Dncrlptlon Coupon Rau Maturity Due MNCuslp No. SCBeuu, Dzo PrlPtlpal• Merkel Prin (Cban6n Monthly) Market Nlue• Ciry OrAzusa lwntmenu- AAARatea Federal Aeulcy Bonds 2.100'6 09/06/11 3133XTA97 03/06/09 1115,000.04 100.105 1217.247]5 Wachovia Sec 2,000,000 FFCB 125002117/12 2.2504 0817/12 313MGND7 031161N 1,999,000.00 101.010 2,020,200.M wochovin See 1.40.000 FHLB 22500813/12 2150% 04113/12 3133XTAW6 03116103 999,500.00 101.330 1,013.300. Waclb via Sec 1'000.000 FHLB 11500729/14 L250% 07/29/14 313170YK8 09/17/10" 1,000,000.00 101.387 1.013,370.00 Gil(W Sec 1.000.000 FFCB 2.000 OVOV15 2000% 0802115 31331 KBDI 02/02/11 1.000,000.00 100.607 1,006,070,00 G1f9M See 11".000 FHLB 2.100323/15 LI00% 0323115 31337OUB8 0323/11 999,000.00 100.268 1,M.690,OGI Gilford Sm 1,000000 FHLB 2.18504115/15 2, ISM 04115115 313373DW9 W15i11 I.ow000.00 102.512 1.025.12000 Wachovia &c 1,000.003 FHLB 2.0'.p 0420/15 2000% 04120/15 313373BTE 0420/11 1.0%1,000.00 160.869 1,038,69000 Gillumsec I 2.00,040 FFCB 2.9800420'15 2.980% 0428115 I 31331JL81 I0420/10 2.000.00000 100.540 2010.800.00 Wachovia Sec 2,000.000 FHLB 2.W) Step Up w3.300 2.0M, 05/18115 3133XYCC7 WWII) 1."".75000 100.471 ;009.420.00 Glifont 1,000.004 FFCB 1.600629115 1.000% 04 15 31331KOMS 0629/11 1.000,000.00 100.320 1.003,200.40 w.clIovia Sec 1,000000 FHLB 1.000 SI to 4% LOOOY. 0825115 31337OU9 0825/1l, 1,000,000.00 100.074 1.000,74000 Gilford See 1,000.000 FHLB I.00) Sty Lip to 3% 1.000% 11/19115 3037IN77 11/19/10 1,000,000.00 101043 1000.430.00 GiIfoN Sec 1,000,000 FFCB 2.00011123113 2.000% 11/23115 3133IDA9 11/23/10 1.00O1OOO.M 101.107 L01L070W GilfoN Sm IM," FFCB 2.44003124116 2,440% 03124116 31331KFK1 0324/11 1'000,000,00 101.975 1019,750.00 Gilford I. M.000 FHLB 2.0000329/16 2000% 0=9116• 313374.426 07/29/11 1;000.000.00 IWA69 1,004,690.00 Wills Fe oBook 1.000,000 FHLB 1.25 Step V 109000 1150%. 0526116 3 13373 S4 0526/11 1,00 200.00 100077 1.000.770.M Waco -Sec I.OW.OM FHLB 2,10006017/16 2.100% 0IY07I16 3133742R0 06/07/11 I,OW,000.W 101.518 1015.180.00 TOTALS - -50.400,000 - - � 19,996j50.W 20,165,980.00 City 9rmusa lnvolmenu - Cenifrcneu ofDepwit - FDIC I ... cccl Wachovia Sm 100.000.00 GE MONEY BANK 1.300% 1012113 36159SUC3 IW21/10 IM.000.00 100.987 IW,987.W Wechovi3 Sec IM,000M METLIFE BANK NA LIM 10025113 591557FHI 10021/10 Im'ooBw 100.995 100.995.00 Wachovia Sec IM,moo DISCOVER BANK IAM 0610114 254670F56 06/15/11 100.000.00 98.059 98,059.W Wachovia Sec 100.090.00 DISCOVER BANK I.4DOII Od1OV14 254670F56 06/15/11 100.000.00 98.059 98.59.00 Wachovia Sed 250,000.00 AMERICAN MUSS 1.250%. OMM114 02587DAX6 06/06/11 250,OW.W 97.646 2",115.00 Wachovia Sec 250.000.00 GE CAPITAL FINANCIAL LAM WJIV15 36160XRX7 WWII 250.000.00 98.839 20.097.50 900,000.00 - -. 904.000.00 BBoX250 WPB -CITY THIRDPARTYMSTODIALTRUSTACCr 0.45p/.- NIA- - NIA N/A I 3A11A00.W - 100000 '3,911.400.00 Light& Wa1n: Food_lnvnlmenlr - AAA Ruled Federal Agency Bonds Higgins Ciul 1,215,000M FHLB 2.10009/06111 2.100'6 09/06/11 3133XTA97 03/06/09 1115,000.04 100.105 1217.247]5 Wechmia S. 1,000,000.00 FHLB 100007/1%13 1A00% 07/1VU 3133702W7 02/ILIO 1.0047900.00 100.424 1,004,24000 Gilford Sec 1.1'00,000.00 FHLB 1.690 VIVI4 1.690%. 08/IVI4 313370GSI 08/12/10 1010,000.00 100.038 1.000,380.00 Hi io,l 2000.000.00 FHLB 1.2009113114 1.200.6 (19/13/14 313370M 09/13/10 2,000,000.00 100.088 2.001,760. WachOvir See 1,000.000.04 FHLB 2AM 11120114 2.000%. 028114 313372NXS 02/28/11 1,000,000.00 100.883 I.W8.830,00 WaeLwia Sec 1,000004.00 FHLB 1.50 IVISIM LSW/ IVIV14 313370UH9 04/15/10 1,003,00400 I00.1107 I.000,070M 'Hi ho Cailel 1.000.000.00 FFCB 1.990300/15 1.9906 0380/15 31331KFJ4 03/30111 1'000,000.04 100.952 1.009.520. Hi im iul 1'040,000.00 FNMAL005 IJB.MB/II I0M OVI6ll6 3U6FPSG8 02/16/11 99$50080 100.033 ODD,320.00 TOTAIS 9115,00400 - 9jI3fMA0 9.42,047.75 WFH-L&W THIRD PARTY CUSTODIAL TRUST A=.- --0.4506 NIA I N/A I NIA I 0.04 .IM000 0.00 LAOe-CITY- WCALAGENCY_INVESTMENr FUND . -0.381% - NIA "N/A;" NIA I 14378A74$7IW.ODD - 14,178,4013) TOTAL INVESTMENTS.M FEDERAL AGENCIES, WEB INSTITUTIONAL TRUSTS, end LAIF - 47,300,024.57 47,407,9.34.83 INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE( From July 1; 2011) 48,495.UB Inc "Pdmipl" colwsm=11" Ac balmrc on the Iut day of Nc tslonlh or But nistonml cost' spent so PuMbue r sawity. . •404 "Merkel Value is Necnent nma[wbir asccwi r bonded Orsold. Treaamer Report Jury 2011 Tknes ROman.xb 8262011 70M CITY OF AZUSA TREASURER'S REPORT INVESTMENT INTEREST EARNINGS Prepared by: Marten Hamilton, Treasurer Thru July 31, 2011 Face Amount Net Amount Coupon Rate Maturity Date Acct/Cusip No. Payment Schedule Scheduled 2010/2011 Interest Earnings ScheduledInterest Semi -Annual Payment Amount Received Fiscal Year to Date - 1,215,000 City of Azusa Investments - AAA Rated Federal Agency Bonds 1,000,000 1,000,000 1.725%x- -- 07/28/14 -- 313372DG6 Called 7/28 17,250.00 8,625.00 8,625.00 1,000,000 1,000;000 1.450% 09/02/14 31331JC43 Called 7/21 14,500.00 - :.7,250.00 5,598.61 1,000,000 1000,000 2.220% 0429/[5 - 313373E17 Called 729: 22,200.00 - 11,100.00 5,550.00 2,000,000 1,999,000 2.250% 02/17/12 31331GND7 8/16&2/l7 44,977.50 22,488.75 1,000,000 999,500 2.250% 04/13/12 3133XTAW6 10/13 & 4/13 22,488.75 11,244.38 1,000,000 1,000,000 1.250% 07/29/14 313370YK8 729 & 129 12,500.00 6,250.00 6,250.00 1,000,000 1,000,000 2.000% 02/02/15 31331KBDI 82&22 20,000.00 10,000.00 1,000,000 1,000,000 1.250% 02/25/15 313370LZ9 8/25 & 225 12,500.00 6,250.00 1,000,000 999,000 2.100% 0323/15 313372UB8 9/23 & 3/23 20,979.00 10,489.50 1,000,000 1,000,000 2.185% 04/15/15 313373DW9 10/15&4/15 21,850.00 10,925.00 2,000,000 2,000,000 2.980% 0420/15 313311LB7 10/20&4/20 59,600.00 29,800.00 1,000,000 1,000,000 2.000%. 04120/15 313373BT8 10/20 & 4/20 20,000.00 10,000.00 2,000,000 1,998,750 - 2:000%. 05/18/15 3133XYCC7 11/18 & 5/18 39,975.00 19,987.50 1,000,000 1,000,000 1.600% 0629/15 31331KQM5 12129&629 16,000.00 8,000.00 1,000,000 1,000,000 ' 1.250%:. 11/19/15 31337IN77 11/19 & 5/19 12,500.00 6,250.00 1,000,000 1,000,000 2.000% l 1/23/15 31331J3A9 1123 & 523 20,000.00 10,000.00 1,000,000 1,000,000 = 2.440% 03/24/16 31331KFKI - 924&324 24,400.00 12200.00 1,000,000 1,000,000 2.000% 03/29/16 313374A26 12/29 & 629 20,000.00 10.000.00 1,000,000 1,000,000 1.250% - 05/26/16 313373QS4 11/26 & VN5 12,500001 6,250.00 1.000,000 1,000,000 1 2.100% 06/07/16 313374280 12/7 & 6/7 1 21,000.001 10,500.00 20,000;000_ 19,996,250ACTIVE:INVESTMENTS :!.455,220.25. 227,610.13. 26,023.61 8/12&2/12 City of Azusa Investments - Certificates of Deposit -FDIC Insured 200,000.00 200,000.00 1.400% 06/02/14 25467OF56 12/2 & 62 2,800.00 1,400.00 250,000.00 250,000.00 1.800% 06/10/15 36160XRX7 12/10&6/10 4,500.00 2,250.00 250,000.00 250,000.00 1.250% 06/09/14 02587DAX6 12/9&6/9 3,125.00 1,562.50 100,000.00 100,000.00 1.300% 1022/13 36159SUC3 1022&4/22 1,300.00 650.00 100,000.00 100,000.00 1.300% 1028/13 591557FHI 10/27&427 1,300.00 650.00 900,000.00 -. 900,000.00 . 13,025.00 6,512.50 '0.00 �. 313370RS9 CITY - Wells Fargo Bank Institutional Third Party Custodial Money Market Account - Liquid Asset 3,011,800.00 --. 0.450% n/a - N/A _ Monthly -.- Per Balance and Rate -s 370.3 Light & Water Fund Investments - AAA Rated Federal Agency Bonds 1,215,000 1,215,000 2.100% 09/06/11 3133XTA97 9/6 & 3/6 25,515.00 12,757.50 1,000,000 1,000,000 1.400% 07/12/13 3133702W7 7/12&1/]2 14,000.00 7,000.00 7;000€00 t,000,000 1,000,000 1.690% 08/12/14 313370GS] 8/12&2/12 16,900.00 8,450.00 2,000,000 2.000.000 1.200% 09/13/14 313370RS9 9/13 & 3/13 24,000.00 12,000.00 1,000,000 1,000,000 2.000% 11/28/14 31337NX8 8/28&2/28 20,000.00 10,000.00 1,000,000 1,000,000 1.500% 12/15/14 31337OU149 12/15&6/15 15,000.00 7,500.00 1,000,000 1,000,000 ].990% 03/30/15 31331KF14 9/30&3/30 19,900.00 9,950.00 1,000,000 998,500 11:000%-: 02/16/16 3136FP5G8 8/16&2/16 9,985.00 4,992.50 91215,000 1 9,213,500. ACTIVE INVESTMENTS .:145;300.00- 72,650.00 1 7,000.00 Light & Water Stablizalion - Wells Fargo Bank Institutional Third Party Custodial Money Market Account -Liquid Asset - 0.00 F70.450'/.:.I, N/A I N/A , Monthly - . Per Balance and Rate : 0,4 CITY - Local Agency Investment Fund - Liquid Asset 14,178,474.52 1 0381% N/A WA Quarterly -. Per Balance and Rate 15,100.60 • Fiscal Year: July 1 - June 30 TOTAL INTEREST EARNED YTD 48,495.0 __ rsiD 1101 , e ' tAZUSAi CONSENT ITEM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY VIA: F.M. DELACH, CITY MANAGERAA! DATE: SEPTEMBER 19, 2011 SUBJECT: ANNUAL SUNGARD BI-TECH SOFTWARE SUPPORT AND MAINTENANCE AGREEMENT RECOMMENDATION 1. It is recommended that the City Council waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer software maintenance services and 2-523 section C, no competitive market. 2. It is recommended that the City Council approve the software maintenance and support agreement from Sungard Bi-Tech Inc, in the amount of$50,708.08. BACKGROUND The City currently uses Bi-Tech Software for their financial system. The city needs to retain software support from the vendor in order to provide for remote technical support and helpdesk availability, limit any potential down time, and for annual product enhancements to this software. FISCAL IMPACT Funding for annual ongoing support is budgeted in the 2011-2012 Information Technology Department operating budget in accounts 48499300006415 and 48499420006415. f\s\19V, \ fdc JV G11 .57 - 410, 'AZUSA CONSENT ITEM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY VIA: F.M. DELACH, CITY MANAGER 41,/./-, DATE: SEPTEMBER 19, 2011 SUBJECT: MOTOROLA MOBILE COMPUTER DISPLAY ANNUAL MAINTENANCE AND SUPPORT AGREEMENT RECOMMENDATION 1. It is recommended that the City Council waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer software maintenance services and 2-523 section C, no competitive market. 2. It is recommended that the City Council approve the software maintenance and support agreement from Motorola Inc, in the amount of$25,180.92. BACKROUND The Police Department currently uses a wireless network for mobile communications between its Dispatch center, L.A. County Sheriff and other Azusa P.D. field units. The software used for this interface resides on a server in the Police Department. The city needs to retain software support from the vendor in order to limit any potential down time and for product enhancements and updates to this software. FISCAL IMPACT Funding for annual ongoing support is budgeted in the 2011-2012 Information Technology Department operating budget in account 48499420006415. 6/\.:19/P1)c, 41k4stikii 1111 ( —gm \kg#, TO: FROM: VIA: DATE: CONSENT ITEM HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT B. GARCIA, CHIEF OF POLICE F.M. DELACH, CITY MANAGER e��� SEPTEMBER 19, 2011 SUBJECT: SET OFFICE REMODEL RECOMMENDATIONS It is recommended that the City Council approve the purchase of office furniture for a minor remodel of the SET office in the Detective Bureau. The furniture will be purchased from Knoll, Inc., c/o Western Office Interiors, in the amount of $16,776.17 based on the competitive bid process completed under U. S. Communities Contract 4ROQ 01-41131316-C. This purchase is authorized by AMC Section 2-523(e) when the competitive bid process has already been completed. BACKGROUND In 1999 when the Azusa Police Department renovation was completed, the Special Enforcement Team (SET) office was designed to accommodate two narcotic detectives and one sergeant. The Detective Bureau has recently reorganized and the gang detective is now part of the SET team since gang crimes are often narcotic -related. With this minor remodel, the goal is to have all four SET team members (SET Sergeant, two narcotic Detectives and one Gang Detective) housed in the same office to better serve their case load and the Community. There are also future plans to increase the SET team by reassigning a detective currently working with a regional task force to the SET team. The current furniture only accommodates three detectives, thus necessitating the remodel to include two additional officers. FISCAL IMPACT This purchase is budgeted in F/Y 2011/12 under the Police CIP - Public Works Endowment Fund, Account 949800003107125, Project 31012A. Prepared by: Lieutenant Steve Hunt. Captain Sam Gonzalez r6 r CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: VERA MENDOZA, CITY CLER� VIA: F.M. DELACH, CITY MANAGER X!i j,o DATE: SEPTEMBER 19, 2011 ��Y RE: APPOINTMENTS TO CITY BOARDS AND COMMISSIONS RECOMMENDATION It is recommended that the City Council adopt resolutions appointing members to the City Boards and Commissions. BACKGROUND The City of Azusa has seven City Board and Commissions who act as advisory to the City Council in the areas of Architectural Barriers, Cultural and Historic Preservation, Human Relations, Library issues, Park & Recreations issues, Personnel matters and Planning Commission. Each year the City Council conducts interviews for vacancies that exist in City Boards and Commissions. The attached resolutions appoint members to several Commissions commencing October 2011. Please note that two vacancies exist on the Architectural Barriers Commission, but no one applied for these positions. FISCAL IMPACT: Stipend of $25.00 per meeting, not to exceed $50.00. s RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE -APPOINTING GINGER DEVINE TO THE LIBRARY COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GINGER DEVINE having been appointed to the Library Commission by the City Council, said appointment is hereby approved and GINGER DEVINE is appointed to the Library Commission for the tern expiring September 30, 2014. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to GINGER DEVINE. ADOPTED AND APPROVED this 19`h day of September, 2011. MAYOR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 19'h day of September 2011, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE -APPOINTING DENA SIMPSON TO THE LIBRARY COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. DENA SIMPSON having been re -appointed to the Library Commission by the City Council, said re -appointment is hereby approved and DENA SIMPSON is appointed to the Library Commission for the term expiring September 30, 2014. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to DENA SIMPSON. ADOPTED AND APPROVED this 19`h day of September, 2011. MAYOR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 19`h day of September 2011, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK N. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE -APPOINTING DAVID P. SANTELLAN TOTHE PARKS AND RECREATION COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. DAVID P. SANTELLAN having been re -appointed to the Parks and Recreation Commission by the City Council, said re -appointment is hereby approved and DAVID P. SANTELLAN is re -appointed to the Parks and Recreation Commission for the term expiring September 30, 2014. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to DAVID P. SANTELLAN. ADOPTED AND APPROVED this 19`h day of September, 2011. MAYOR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 190, day of September 2011; by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 7F RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING JESSE R. AVILA JR. TO THE PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. JESSE R. AVILA JR. having been appointed to the Planning Commission by the City Council, said appointment is hereby approved and JESSE R. AVILA JR. is appointed to the Planning Commission for the term expiring September 30, 2015. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to JESSE R. AVILA JR. ADOPTED AND APPROVED this 19'h day of September 2011. 173 F. V a: I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 19th day of September 2011, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK { CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: NANCY JOHNSON, LIBRARY DIRECTOR VIA: F.M. DELACH, CITY MANAGER/ DATE: SEPTEMBER 19.2011 SUBJECT: APPROVAL OF LICENSE AGREEMENTS FOR BOOKMOBILE P ,"STOPS> -AT• ELLINGTON ELEMENTARY SCHOOL, SIERRA HIGH SCHOOL, AND FOOTHILL MIDDLE SCHOOL RECOMMENDA"CION It is recommended that the City Council approve the attached license agreements between Azusa Unified School District and the City of Azusa for Bookmobile stops at Ellington Elementary School, Sierra High School, and Foothill Middle School. BACKGROUND As part of its outreach services, Azusa City Library deploys its Bookmobile in neighborhoods that have not traditionally used the city library. Stops located at schools have proved to be especially well -used, and the Bookmobile benefits from promotion by the schools and the adequate parking and safety a school site provides. In consultation with Azusa Unified School District, the library has elected to add three new Bookmobile stops. Ellington Elementary School is a few blocks outside the Azusa City limits in Covina, but serves a number of students residing in Azusa. Likewise, Sierra High School is located in Glendora, but, as the continuation high school for AUSD, serves primarily Azusa students. The library directors at both Glendora Public Library and Covina Public Library have given their support to Azusa City Library Bookmobile service at these locations. The attached license agreements formalize the relationship between the City of Azusa and its Bookmobile and these AUSD schools. FISCAL IMPACT There is no fiscal impact on the Library's budget. Bookmobile staffing and operations are fully budgeted for the 2011-12 fiscal year. LICENSE AGREEMENT Parties and Date This License Agreement ("License Agreement") is entered into as of this 16`x' day of August, 2011, by and among the CITY OF AZUSA, a California municipal corporation (hereinafter referred to as "City") and the Azusa Unified School District, as the owner of the Foothill Middle School (hereinafter collectively referred to as "Licensor"). Both City and Licensor are sometimes referred to in this License Agreement as the "Parties." Recitals 2.1 Licensor is the owner of the Foothill Middle School, located at 151 North Fenimore, in the City of Azusa, California (hereinafter referred to as the "Licensor's Property"). 2.2 City desires to enter and remain on Licensor's Property to promote literacy and library ` services via the City Library's bookmobile. 2.3 Licensor desires to grant a license to the City to permit the City to provide bookmobile services on Licensor's Property. herein. 2.4 This License Agreement is made in consideration of the mutual covenants contained Terms 3.1 License. Licensor hereby grants the City a license in, on, across and over Licensor's Property for the purpose of providing bookmobile services in the general location described in Exhibit "A" attached hereto and incorporated herein by reference (`Bookmobile Location"), subject to the terms and covenants hereinafter set forth. City, and members of the general public, shall have the right to enter upon and cross over the Licensor's Property to provide and participate in bookmobile services. City shall have the right to post schedules and promotional bookmobile materials on Licensor's Property. Licensor shall provide City with access to restroom facilities. Nothing herein shall be deemed or construed to be a limitation upon Licensor's right to use its property in any manner it deems acceptable, provided that those uses do not unreasonably interfere with City use as outlined herein. 3.2 Maintenance and Damage. City shall maintain the bookmobile and shall endeavor to keep the Bookmobile Location free and clear of litter derived from City's use. City and its officers, employees, contractors, subcontractors and agents shall not damage the Licensor's Property or commit waste thereon. Licensor shall not damage or in any way deface the bookmobile or Bookmobile Location and shall endeavor to prevent others from doing the same. ORANGEISKLEINBERG154261.2 3.3 Insurance. During the term of this License Agreement, City shall maintain a program of insurance or self-insurance in a form at least as broad as a Insurance Services Office commercial general liability insurance policy and a business auto insurance policy with a limit of not less than 51,000,000 each occurrence. Such program shall add Licensor as an additional covered party with respect to claims or suits arising out of the use of Licensor's Property by the City Library's bookmobile under this License Agreement. Such program shall be primary with respect to any insurance or self-insu ance program maintained by Licensor. City shall also maintain a program of workers compensation insurance or self-insurance in accordance with the laws of the State of California. 3.4 Indemnification. Exclusive of any claims growing out of the negligence of Licensor, City shall indemnify, defend and hold Licensor, its officers, employees, agents and contractors free and harmless from and against any and all losses, claims, damages. fees (including attorney's fees and costs), injuries to persons or property (including wrongful death) in any manner arising out of or incident to the granting of this License Agreement and/or the use, maintenance, and/or repair thereof by City, its employees, agents and/or permittees. Licensor shall indemnify, defend and hold City, its officials, officers, employees, agents and volunteers free and harmless from and against any and all losses, claims, damages, fees (including attorney's fees and"costs), injuries to persons or property (including wrongful death) in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Licensor, its officials, officers, employees, agents, consultants and contractors incident to the granting of this License Agreement. 3.5 Amendment. The terms and conditions of this License may be altered, changed or amended only by written agreement of the Parties hereto. 3.6 Notices. All notices to be given hereunder shall be in writing and maybe made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the Parties at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing. City: City of Azusa 213 East Foothill Boulevard Azusa, CA 91702 Attn: City Library Licensor: Azusa Unified School District 546 S. Citrus Avenue Azusa, CA 91702 Attn: Magnolia Elementary School 3.7 Successors and Assigns. This License Agreement shall be binding on the successors and assigns of the Parties. ORANGE\SKLEINBERG\54261.2 -2- 3.8 Entire Agreement. This License Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. The invalidity in whole or in part of any provision of this License Agreement shall not void or affect the validity of any other provision. 3.9 Term and Termination. This License Agreement shall commence on the date -first wriiten above and shall remain in effect until terminated, as provided herein. Either Party may, by written notice to the other Party, terminate the whole or any part of this License Agreement at any time and without cause by giving written notice to the other party of such termination, and specifying the effective date thereof, at least ninety (90) days before the effective date of such termination. The indemnification provisions of this License Agreement shall survive its termination in perpetuity. [SIGNATURES ON NEXT PAGE] 0RANGEISKLEINBBRG\54261.2 -3- a IN WITNESS WHEREOF, this License Agreement has been executed by the Parties on the day and year first above written. CITY OF AZUSA LICENSOR By: Azusa Unified School District Fran M. Delach Foothill Middle School City Manager By: 6rfJc�/C.�C Attest: Cqnthia Cervantes McGuire L7 - Its: Superintendent By: Vera Mendoza City Clerk Approved as to Form: By: Best Best & Krieger LLP City Attorney ORANGEISKLEINBEM54261.2 -4- n ;l l wy1-;D ar s, c s LICENSE AGREEMENT Parties and Date This License Agreement ("License Agreement") is entered into as of this 16`h day of August, 2011, by and among the CITY OF AZUSA, a California municipal corporation (hereinafter referred to as "City") and the Azusa Unified School District, as the owner of the Sierra High School (hereinafter collectively referred to as "Licensor"). Both City and Licensor are sometimes referred to in this License Agreement as the "Parties." 2. Recitals 2.1 Licensor is the owner of the Sierra High School, located at 1134 South Baranca Avenue, in the City of Glendora, California (hereinafter referred to as the "Licensor's Property"). 2.2 City desires to enter and remain on Licensor's Property to promote literacy and library services via the City Library's bookmobile. " 2.3 Licensor desires to grant a license to the City to permit the City to provide bookmobile services on Licensor's Property. 2.4 This License Agreement is made in consideration of the mutual covenants contained herein. 3. Terms 3.1 License. Licensor hereby grants the City a license in, on, across and over Licensor's Property for the purpose of providing bookmobile services in the general location described in Exhibit "A" attached hereto and incorporated herein by reference ("Bookmobile Location"), subject to the terms and covenants hereinafter set forth. City, and members of the general public, shall have the right to enter upon and cross over the Licensor's Property to provide and participate in bookmobile services. City shall have the right to post schedules and promotional bookmobile materials on Licensor's Property. Licensor shall provide City with access to restroom facilities. Nothing herein shall be deemed or construed to be a limitation upon Licensor's right to use its property in any manner it deems acceptable, provided that those uses do not unreasonably interfere with City use as outlined herein. 3.2 Maintenance and Damage. City shall maintain the bookmobile and shall endeavor to keep the Bookmobile Location free and clear of litter derived from City's use. City and its officers, employees, contractors, subcontractors and agents shall not damage the Licensor's Property or commit waste thereon. Licensor shall not damage or in any way deface the bookmobile or Bookmobile Location and shall endeavor to prevent others from doing the same. 0RANGEISKLENBERG\54261.2 3.3 Insurance. During the term of this License Agreement, City shall maintain aprogram of insurance or self-insurance in a form at least as broad as a Insurance Services Office commercial general liability insurance policy and a business auto insurance policy with a limit of not less than S 1,000,000 each occurrence. Such program shall add Licensor as an additional covered party with respect to claims or suits arising out of the use of Licensor's Property by the City Library's bookmobile under this License Agreement. Such program shall be primary with respect to any insurance or self-insurance program maintained by Licensor. City shall also maintain a program of workers compensation insurance or self-insurance in accordance with the laws of the State of California. 3.4 Indemnification. Exclusive of any claims growing out of the negligence of Licensor, City shall indemnify, defend and hold Licensor, its officers, employees, agents and contractors free and harmless from and against any and all losses, claims, damages, fees (including attorney's fees and costs), injuries to persons or property (including wrongful death) in any manner arising out of or incident to the granting of this License Agreement and/or the use, maintenance, and/orrepair thereof by City, its employees, agents and/or permittees. Licensor shall indemnify, defend and hold City, its officials, officers, employees, agents and volunteers free and harmless from and against any and all losses, claims, damages, fees (including attorney's fees and costs), injuries to persons or property (including wrongful death) in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Licensor, its officials, officers, employees, agents, consultants and contractors incident to the granting of this License Agreement. 3.5 Amendment. The terms and conditions of this License may be altered, changed or amended only by written agreement of the Parties hereto. 3.6 Notices. All notices to be given hereunder shall be in writing and maybe made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the Parties at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing. City: City of Azusa 213 East Foothill Boulevard Azusa, CA 91702 Attn: City Library Licensor: Azusa Unified School District 546 S. Citrus Avenue Azusa, CA 91702 Attn: Magnolia Elementary School 3.7 Successors and Assigns. This License Agreement shall be binding on the successors and assigns of the Parties. ORANGE\SKLEMBERG\54261.2 -2- 3.8 Entire Agreement. This License Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. The invalidity in whole or in part of any provision of this License Agreement shall not void or affect the validity of any other provision. 3.9 Term and Termination. This License Agreement shall commence on the date first written above and shall remain in effect until terminated, as provided herein. Either Party may, by written notice to the other Party, terminate the whole or any part of this License Agreement at any time and without cause by giving written notice to the other party of such termination, and specifying the effective date thereof, at least ninety (90) days before the effective date of such termination. The indemnification provisions of this License Agreement shall survive its termination in perpetuity. [SIGNATURES ON NEXT PAGE] ORANGE\SKLEINBERG\54261 2 -3- IN WITNESS WHEREOF, this License Agreement has been executed by the Parties on the day and year first above written. CITY OF AZUSA By: Fran M. Delach City Manager Attest: By: Vera Mendoza City Clerk Approved as to Form: L-5 Best Best & Krieger LLP City Attorney 1) 0RANGE\SKLEINBERG\54261.2 -4- LICENSOR Azusa Unified School District Sierra High School By: 4j1 ec C C thia Cervantes McGuire fJ Its: Superintendent loin p+y" T$ jGatatea St ''"" """^#Gaietea Stf k.�.4 x Wo t � r z w LICENSE AGREEMENT 1. Parties and Date This License Agreement ("License Agreement") is entered into as of this 25`s day of August, 2011, by and among the CITY OF AZUSA, a California municipal corporation (hereinafter referred to as "City") and the Azusa Unified School District, as the owner of the Ellington Elementary School (hereinafter collectively referred to as "Licensor"). Both City and Licensor are sometimes referred to in this License Agreement as the "Parties." 2. Recitals 2.1 Licensor is the owner of the Ellington Elementary located at 5034 North Clydebank, in the City of Covina, California (hereinafter referred to as the "Licensor's Property"). 2.2 City desires to enter and remain on Licensor's Property to promote_literacy-and library services via the City Library's bookmobile. 2.3 Licensor desires to grant a license to the City to permit the City to provide bookmobile services on Licensor's Property. 2.4 This License Agreement is made in consideration of the mutual covenants contained herein. 3. Terms 3.1 License. Licensor hereby grants the City a license in, on, across and over Licensor's Property for the. purpose of providing bookmobile services in the general location described in Exhibit "A" attached hereto and incorporated herein by reference (`Bookmobile Location"), subject to the terms and covenants hereinafter set forth. City, and members of the general public, shall have the right to enter upon and cross over the Licensor's Property to provide and participate in bookmobile services. City shall have the right to post schedules and promotional bookmobile materials on Licensor's Property. Licensor shall provide City with access to restroom facilities. Nothing herein shall be deemed or construed to be a limitation upon Licensor's right to use its property in any manner it deems acceptable, provided that those uses do not unreasonably interfere with City use as outlined herein. 3.2 Maintenance and Damage. City shall maintain the bookmobile and shall endeavor to keep the Bookmobile Location free and clear of litter derived from City's use. City and its officers, employees, contractors, subcontractors and agents shall not damage the Licensor's Property or commit waste thereon. Licensor shall not damage or in any way deface the bookmobile or Bookmobile Location and shall endeavor to prevent others from doing the same. ORANGE%S KLEINBERG\54261.2 3.3 Insurance. During the term of this License Agreement, City shall maintain a program of insurance or self-insurance in a form at least as broad as a Insurance Services Office commercial general liability insurance policy and a business auto insurance policy with a limit of not less than $1,000,000 each occurrence. Such program shall add Licensor as an additional covered party with respect to claims or suits arising out of the use of Licensor's Property by the City Library's bookmobile under this License Agreement. Such program shall be primary with respect to any insurance or self-insurance program maintained by Licensor. City shall also maintain a program of workers compensation insurance or self-insurance in accordance with the laws of the State of California 3.4 Indemnification. Exclusive of any claims growing out of the negligence of Licensor, City shall indemnify, defend and hold Licensor, its officers, employees, agents and contractors free and harmless from and against any and all losses, claims, damages, fees (including attorney's fees and costs), injuries to persons or property (including wrongful death) in any manner arising out of or incident to the granting of this License Agreement and/or the use, maintenance, and/or repair thereof by City, its employees, agents and/or permittees. Licensor shall indemnify, defend and hold City, its officials, officers, employees, agents and volunteers free and harmless from and against any and all losses, claims, damages; fees-(iircluding attorney's fees and costs), injuries to persons or property (including wrongful death) in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Licensor, its officials, officers, employees, agents, consultants and contractors incident to the granting of this License Agreement. 3.5 Amendment. The terms and conditions of this License may be altered, changed or amended only by written agreement of the Parties hereto. 3.6 Notices. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the Parties at the addresses listed below, but each parry may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing. City: City of Azusa 213 East Foothill Boulevard Azusa, CA 91702 Attn: City Library Licensor: Azusa Unified School District 546 S. Citrus Avenue Azusa, CA 91702 Attn: Magnolia Elementary School 3.7 Successors and Assigns. This License Agreement shall be binding on the successors and assigns of the Parties. ORANGE\SKLEINBERG\54261.2 -2- 1 Entire Agreement. This License Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. The invalidity in whole or in part of any provision of this License Agreement shall not void or affect the validity of any other provision. 3.9 Term and Termination. This License Agreement shall commence on the date first written above and shall remain in effect until terminated, as provided herein. Either Party may, by written notice to the other Parry, terminate the whole or any part of this License Agreement at any time and without cause by giving written notice to the other party of such termination, and specifying the effective date thereof, at least ninety (90) days before the effective date of such termination. The indemnification provisions of this License Agreement shall survive its termination in perpetuity. [SIGNATURES ON NEXT PAGE] ORANGEISKLEINBERG54261.2 -i- IN WITNESS WHEREOF, this License Agreement has been executed by the Parties on the day and year first above written. CITY OF AZUSA By: Fran M. Delach City Manager Attest: By: Vera Mendoza City Clerk Approved as to Form: IC Best Best & Krieger LLP City Attorney ORANGESSKLEINBERG154261.2 4- LICENSOR Azusa Unified School District Ellington Elementary School By:Ll/IL��L.LlP-CCu,C(1i2:�L-f2 0/CL��CELLC Cynthia Cervantes McGuire ` Its: Superintendent fr f A.®��'11y+x tst 'f•A� �� n �` '\� ��-9c�J}0. y' �S a"Vb��`�'a..',a ay�y' ' � ��.b�� 1 Y • � � ..1. h�iF...h,�J'rM1' ��� :.:1F: W tlR� � � M 6 ""ti;i�},� �'.$ �� r.1AFy+,"0 �v fsTTT"`•••^^^�4 � _ }��' e � ��� may-•. .. i ��'� t� �� 0 CONSENTITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: NANCY JOHNSON, LIBRARY DIRECTOR VIA: F.M. DELACH, CITY MANAGER( DATE: SEPTEMBER 19, 2011 SUBJECT: APPROVAL OF GRANT FROM TARGET FOR STORYTIME KITS AND ASSOCIATED°BUDGET AMENDMENT RECOMMENDATION It is recommended that the City Council approve acceptance of a grant from Target for Storytime Kits and approve the attached budget amendment. BACKGROUND Azusa City Library has received a $2,000 grant to create and circulate Storytime Kits. These thematic kits, consisting of books, puppets, and other storytime materials, will be circulated to parents and caregivers for use with preschoolers outside the library. FISCAL IMPACT The fiscal impact is positive. The $2,000 award provides for an additional library service with no match from the Library budget. The proposed budget amendment is summarized in ATTACHMENT A. ATTACHMENT A Budget Amendment Request (New Appropriation) Target Grant: 2011-2012 Program — Storytime Kits Award Letter: $2,000 Projected Expenditures: Supplies/Special 28-30-51.1-6563 $2,000 Total $2,000 CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/DIRECTOR OF PUBLIC WORKS VIA: F. M. DELACH, CITY MANAGER,,,� DATE: SEPTEMBER 19, 2011 SUBJECT: CIP PROJECT #66109E; AWARD OF CONTRACT TO SULLY MILLER CONTRACTING COMPANY FOR THE ROSEDALE TRAFFIC SIGNAL MITIGATION IMPROVEMENTS IN THE AMOUNT OF $817,025. RECOMMENDATION It is recommended that the City Council award CIP 66109E, Rosedale Traffic Signal Mitigation to Sully Miller Contracting Company in the amount of $817,025. BACKGROUND The Rosedale Environmental Impact Report identified traffic mitigation improvements at 15 intersections throughout the City. The traffic mitigation measures are required for the City's traffic infrastructure to handle the additional traffic load created by the project. The Rosedale Traffic mitigations list 16 items that must be addressed. The traffic mitigation measures are: No. Location (Bold and Italics are Caltrans maintained locations) Required 1 All locations Conduct Sensitivity Evaluation. 2 Foothill Boulevard and Todd Avenue Traffic signal modification. 3 Azusa Avenue at Ninth Street New traffic signal. 4 San Gabriel Avenue and Foothill Boulevard Traffic signal modification. 5 Azusa Avenue and First Street Traffic signal modification. 6 1-210 westbound ramps at First Street and Traffic signal modification. Alameda Avenue 7 Azusa Avenue at the I-210 Eastbound Traffic signal modification. Off -ramp. 8 Azusa Avenue and Gladstone Street. Traffic signal modification. 9 Azusa Avenue and Arrow Highway. Traffic signal modification. 10 Foothill Boulevard and Stein Way. New traffic signal. I 1 Citrus Avenue and Alosta Avenue. Traffic signal modification. 12 Citrus Avenue and Mauna Loa Avenue. New traffic signal. 13 Citrus Avenue and Baseline Road. Traffic signal modification. 14 1-210 Westbound Off -ramp and Baseline Road New traffic signal. 15 1-210 Eastbound Off -ramp and Citrus Avenue Lane addition and Traffic signal modification. 16 Palm Drive and Tenth Street. No exit from site, not required. L The City is charged with construction and completion of the mitigation measures by the issuance of the 10001h building permit for the Rosedale development. The City received a deposit of $1,132,500 to perform the work required to complete the mitigation measures. Resources committed to the project include topographic survey, civil design, traffic studies, traffic signal design, signing and striping design and the final construction. To date, the City has completed the following: ✓ Mitigation measures 1, 3, 5, 12 and 14 have been completed. ✓ Mitigation measure 13 is underway based on the Council's award of contract to Dynalectric at the January, 18th, 2011 meeting. ✓ Mitigation measures 10 and 15 are being analyzed for feasibility. On September 8th, 2009 the City Council approved a contract with Transportation and Energy Solutions, Inc. to check for applicability and to prepare plans and specifications for the subject mitigation measures that are deemed acceptable for construction. The civil improvements required by the. traffic improvements were completed by the city's engineering design staff and in conjunction with Transportation and Energy Solutions. On March 21, 2011, the City Council approved the construction plans and specifications and authorized staff to solicit bids. City staff has submitted plans to Caltrans to obtain the encroachment permits for items 6,7, 8 and 9. In discussions with Caltrans, the intersections will not be permitted for the work until the City investigates the potential of relinquishment of the signals at 8, 9 and Azusa Avenue at Paramount Avenue and First Street. This will be a lengthy discussion/negotiation and may require that the proposed work at the intersections be delayed or not completed due to Caltrans' refusal to allow the work. The Contractor is aware of the delay and that the work at these locations may not be accomplished in this award of contract. However, should the encroachment permits or relinquishment of the intersections to the City be issued during this contracf period, the work will be done. DISCUSSION: The proposed project will satisfy the mitigation measures for the Rosedale Traffic Mitigation requirements. Potential design components are: modified traffic signals, adding lanes to reduce delays, construction of new ADA ramps, median relocations, median removals, improved vehicle detection using video detection, bike detection, new wiring, new striping, new poles (as necessary), and paving improvements (as necessary). The Bid Opening was conducted on May 4, 2011 at 10 am and 6 bids were received. Sully Miller Contracting, Inc. was the low bidder. Staff recommends that the City Council award the contract to Sully Miller Contracting, Inc. for the Rosedale Traffic Signal Mitigation Improvements Project No. 66109E. Following are the companies and the bid amounts: 1 Sully Miller Contracting Brea, CA $742,750.00 2 C.T. & F., Inc. Bell Gardens, CA $783,022.95 3 Unique Performance Construction Inc. Costa Mesa, CA $799,542.50 4 Delmac Los Angeles, CA $818,000.00 5 Gentry Brothers Inc. Irwindale, CA $837,455.00 6 Anchor Construction and Engineering Inc. Ontario, CA $953,694.50 —2— a'e' FISCAL IMPACT: The total cost for the CIP is $817,025 which is based on the bid amount plus a 10% allowance for change orders. The remaining funds available from Fund 37, CIP #66109E, Rosedale Traffic Mitigation are $556,482. Therefore, the Rosedale Traffic Signal Mitigation Project will require additional funding to complete. The additional $260,543 shall be funded by Measure R. Please note, the work that is pending Caltrans approval and discussions is estimated at $250,000. —3— CONSENTITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER �}�i� � DATE: SEPTEMBER 19, 2011 /' SUBJECT: CIP #66111F: CERRITOS AVENUE AND GLADSTONE STREET TRAFFIC SIGNAL IMPROVEMENTS AND CIP 466109E AND 466111E: THE TRAFFIC SIGNAL MODIFICATION OF CITRUS AVENUE AND BASELINE ROAD — NOTICE OF COMPLETION RECOMMENDATION It is recommended that City Council approve a Notice of Completion for the following project and authorize staff to file the Notice of Completion with the Los Angeles County Clerk: Cerritos Avenue and Gladstone Street Traffic Signal Improvements Project No. 66111F and Traffic Signal Modification of Citrus Avenue and Baseline Road Project Nos. 66109E and 66111E — Dynalectric, Los Alamitos, CA 90720 BACKGROUND On January 18, 2011, the City Council awarded the Cerritos Avenue and Gladstone Street Traffic Signal Improvements Project and Traffic Signal Modification of Citrus Avenue and Baseline Road Project to Dynalectric for a total amount of $435,318.40. At the intersection of Cerritos Avenue and Gladstone Street, all new traffic signal equipment was installed. This includes traffic signal poles, street name signs, countdown pedestrian heads, pedestrian push buttons, cabinet and controller, video detection, and wiring. In addition, all existing curb ramps were removed and replaced to comply with American Disability Act (ADA) guidelines. At the intersection of Citrus Avenue and Baseline Road, new protected left turn movements were provided for eastbound and westbound motorists. New traffic signal equipment was also installed at this intersection including 2 traffic signal poles, street name signs, countdown pedestrian heads, pedestrian push buttons, cabinet and controller, video detection, and wiring. All intersection curb ramps were also removed and replaced in compliance with ADA guidelines. This project started on March 17, 2011 and was completed on September 15, 2011 FISCAL IMPACT The project was completed within budget at a total construction cost of $397,899.56. Attachment: Notice of Completion. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: NAME CITY OF AZUSA STREET ADDRESS 213 E. FOOTHILL BLVD CITY, STATE ZIP AZUSA, CA 91702 1 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3039, must be filed within 10 days after completion. Notice is hereby given that I. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is The 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. (IF OTHER THAN FEE, STRIKE "M 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 6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was completed on September 15. 2011 . The work done was: Cerritos Avenue and Gladstone Street Traffic Signal Improvements Project No 66111F and Traffic Signal Modification of Citrus Avenue and Baseline Road Proiect Nos. 66109E and 6611 IE 8. The name of the contractor, if any, for such work of improvement was: Dvnalectric. 4462 Comorate Center Dr Los Alamitos CA 90720 February 15 2011 (IF NO CONTRACTOR FOR WORK OF IMPROVEMENT 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: Intersections of Citrus Avenue and Baseline Road & Cerritos Avenue and Gladstone Street 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: 1 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 (DATE) (CRY, COUNTY, & (SIGNATURE) JOINT CITY COUNCIL/AGENCY AGENDA ITEM TO: HONORABLE MAYOR/CHAIRPERSON AND CITY COUNCIL/MEMBERS OF THE AGENCY BOARD v FROM: KURT CHRISTIANSEi , DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT/DEPUTY EXECUTIVE DIRECTOR VIA: F.M. DELACH, CITY MANAGERIEXECUTIVE DIRECTOR/,} DATE: SEPTEMBER 19, 2011 / f SUBJECT: COMMUNITY REMITTANCE FUNDING AGREEMENT AND RECOGNIZED OBLIGATION PAYMENT SCHEDULE RECOMMENDATION 1. That the City Council and the Redevelopment Agency Board adopt the attached resolutions conditionally approving and authorizing the execution of a Community Remittance Funding Agreement by and between the City and the Agency setting forth the terms of the Agency's annual transfer of tax increment revenue to the City under AB IX 27. 2. That the Redevelopment Agency Board adopt the attached Resolution, approving and adopting a "Recognized Obligation Payment Schedule" pursuant to AB 1X 26. BACKGROUND On June 28, 2011, as part of the 2011-2012 State of California budget bill, companion bills Assembly Bill 1X 26 ("AB 26") and Assembly Bill 1X 27 ("AB 27") were enacted, which would dissolve the Agency, unless the City adopts an ordinance to participate in the "Alternative Voluntary Redevelopment Program" ("Program") established by AB 27 and pay an annual "community remittance" payment to the County of Los Angeles. On July 18, 2011, a Petition for Writ of Mandate was filed in the Supreme Court of the State of California in the matter of California Redevelopment Association, et al. v. Ana Matosantos, et al., Case No. 5194861 ("Legal Action"), challenging the constitutionality of AB 26 and AB 27 on behalf of cities, counties and redevelopment agencies and requesting a stay of enforcement of AB 26 and AB 27, pending the Supreme Court's determination of the legality of AB 26 and AB 27. On August 11, 2011, the Supreme Court issued an order in the Legal Action granting a partial stay of AB 26, exclusive of Health and Safety Code Sections 34161 through 34167 (which suspend new redevelopment activity), and a complete stay of AB 27, such that the City and the Agency cannot currently pursue new redevelopment activity under the Program (collectively, "Stay"). a DISCUSSION The following provides specific discussion on the two items before the City Council and Redevelopment Agency Board: Community Remittance Funding Agreement On July 18, 2011 the City Council and Agency Board adopted the required Ordinances (including an Urgency Ordinance) to participate in the Program and, as part of the Program, committed to making the annual "community remittance" payments to the County Auditor -Controller for as long as the Agency remains in existence (AB 1 X 27). Based on calculations provided by the State Department of Finance, the Agency's community remittance for 2011-12 would be $860,944. The community remittance payments would be made by the City, which would be reimbursed by the Agency through a pledge of tax increment in accordance with the Community Remittance Funding Agreement ("Remittance Agreement"). If approved prior to October 1, 2011, this pledge of tax increment would constitute an obligation of the Agency for Fiscal Year 2011-12 and would appear as a debt on the Agency's Statement of Indebtedness ("SOI"), which must be filed on or before October 1, 2011. However, under the provisions of AB 1X 27, if it is approved after October 1, 2011, it would be considered a "new debt" and the amount of community remittance would be increased by certain statutory percentages. In order to not be considered "new debt," an obligation must be on the SOI filed by the Agency on or before October 1, 2011. Notwithstanding the Supreme Court's stay of AB 1X 27 which would currently prohibit the implementation of the Remittance Agreement, staff and the City Attorney are recommending the City Council and Agency Board adopt the attached Resolutions approving the Remittance Agreement in order to insure that a mechanism is in place prior to October 1, 2011 for establishing the remittance as a 2011-12 Agency debt. In order for the Remittance Agreement to become effective, the Court's stay must be lifted or modified in a manner that permits the Agency and the City to enter into such Remittance Agreement. Specifically, the Remittance Agreement provides that the Agency's obligation to transfer tax increment revenues to the City, and the City's payment of the Community Remittance, will be conditioned upon: (1) a final determination that AB 1X 26 and AB 1X 27 are constitutional; and (2) the Ordinance electing to participate in the Program being valid and effective for such purpose, or later ratification or re -adoption of such Ordinance by the City or adoption of a new Ordinance by the City, and in each case, such action is effective to allow the City and the Agency to proceed pursuant. to the Program. The Remittance Agreement is included as Exhibit A in the attached Resolutions. Recognized Obligation Payment Schedule On August 18, 2011 the Agency Board adopted an Enforceable Obligation Payment Schedule ("EOPS") which provides the Agency a basis to continue to meet its existing obligations during the time period that the Supreme Court's stay is in effect. This EOPS was revised by the Agency Board on September 6, 2011_ r In addition to the EOPS, the provisions of AB 1X 26 require agencies to prepare a Recognized Obligation Payment Schedule ("ROPS") which is also intended to provide a list of all of the Agency's enforceable obligations. This requirement was originally included in the statute for the dissolution of redevelopment agencies whose assets would be subject to the control of a successor agency. However, because the Court's order did not stay the requirement to prepare a ROPS, and because it is unknown whether the Court's eventual decision will validate AB 1 X 27, staff and the City Attorney are recommending the Agency Board adopt the attached Resolution approving the ROPS even though the City and the Agency -have adopted the necessary Ordinances to permit the Agency to participate in the Alternative Voluntary Redevelopment Program. The ROPS incorporates the same items listed on the Agency's EOPS, as amended, and includes all Agency obligations that will be paid between January 1, 2012 and June 30, 2012. In addition, the ROPS must identify one or more of the following sources of payments for each of the obligations listed on the FOPS: (A) Low and Moderate Income Housing Fund, (B) Bond proceeds, (C) Reserve balances, (D) Administrative Cost Allowance (in the event of dissolution, the successor agency is entitled to receive the greater of 5% of the property tax allocated to the successor agency for the 2011-12 fiscal year or $250,000), (E) the Redevelopment Property Tax Trust Fund (in the event of dissolution, this fund is to be established by the county auditor -controller for deposit of property tax revenues constituting former tax increment), but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation or Part 1.85, and (F) other revenue sources such as rent and interest earnings. AB 1X 26 also requires the initial ROPS to include a schedule showing all of the dates and amounts of payments for each enforceable obligation from October 1, 2011 through the remainder of the time during which the Agency is authorized to obligate property tax increment. As described above, the initial ROPS is more than a mere update to the FOPS. The statute requires the Agency to prepare a preliminary draft of the initial ROPS and that it be provided to the successor agency before a redevelopment agency's dissolution. The successor agency would further revise the draft initial ROPS as necessary, after the redevelopment agency is dissolved. The draft initial ROPS prepared by the successor agency would be reviewed by an external auditor and the oversight board of the successor agency, and then further submitted to the county auditor -controller, the State Controller and the State Department of Finance. The Recognized Obligation Payment Schedule is included as Exhibit A in the attached Resolution. FISCAL IMPACT No Agency funds are involved with the adoption of the Community Remittance Funding Agreement or the Recognized Obligation Payment Schedule. Attachments: 1. A Resolution of the City of Azusa Redevelopment Agency Conditionally Approving a Community Remittance Funding Agreement Between the City and the Agency 2. A Resolution of the City of Azusa City Council Conditionally Approving a Community Remittance Funding Agreement Between the City and the Agency 3. A Resolution of the City of Azusa Redevelopment Agency Adopting a Recognized Obligation Payment Schedule RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA CONDITIONALLY APPROVING AND AUTHORIZING THE EXECUTION OF A COMMUNITY REMITTANCE FUNDING AGREEMENT BY AND BETWEEN THE CITY OF AZUSA AND THE REDEVELOPMENT AGENCY OF THE CITE' OF AZUSA PROVIDING FOR THE TRANSFER OF TAX INCREMENT REVENUE TO THE CITY IN AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE COMMUNITY REMITTANCE REQUIRED UNDER AB 1X 27 WHEREAS, pursuant to the Community Redevelopment Law (Health and Safety Code sections 33000 et seq.), the City Council of the City of Azusa ("City") created the Redevelopment Agency of the City of Azusa ("Agency") to serve as the redevelopment agency within the City; and WHEREAS, the City Council of the City of Azusa ("City Council") approved and adopted the Redevelopment Plan ("Redevelopment Plan") for the Merged Central Business District and West End Redevelopment Project Area and the Ranch Center Project Area covering certain properties within the City (the "Project Areas"); and WHEREAS, as part of the 2011-2012 State budget bill, the California Legislature enacted, and the Governor signed, companion bills AB 1X 26 and AB 1X 27, requiring that each redevelopment agency be dissolved unless the community that created it enacts an ordinance committing it to making certain payments; and WHEREAS, specifically, AB 1X 26 prohibits agencies from taking numerous actions, effective immediately and purportedly retroactively, and additionally provides that agencies are deemed to be dissolved as of October 1, 2011; and WHEREAS, AB 1X 27 provides that a community may participate in an "Alternative Voluntary Redevelopment Program," in order to enable a redevelopment agency within that community to remain in existence and carry out the provisions of the CRL, by enacting an ordinance agreeing to comply with Part 1.9 of Division 24 of the Health and Safety Code; and WHEREAS, on September 6, 2011, the City Council elected to participate in the Alternative Voluntary Redevelopment Program by adoption of Ordinance No. 11-015 ("Ordinance"), stating the City's election to participate in the program if California Health and Safety Code Section 34161 et seq. and California Health and Safety Code Section 34192 et seq. are found to be constitutional; and WHEREAS, participation in the Alternative Voluntary Redevelopment Program requires the City to remit specified annual amounts to the county auditor -controller ("Community Remittance"); and WHEREAS, the California Director of Finance has notified the City that its Community Remittance for Fiscal Year 2011-2012 is Eight Hundred Sixty Thousand Nine Hundred Forty -Four Dollars ($860,944); and WHEREAS, a Petition for Writ of Mandate was filed in the Supreme Court of the State of California on July 18, 2011 (California Redevelopment Association, et al. v. Ana Matosantos, et al., Case No. 5194861), challenging the constitutionality of AB IX 26 and AB IX 27 on behalf of cities, counties and redevelopment agencies and requesting a stay of enforcement of AB 1X 26 and AB 1X 27 pending the Supreme Court's determination of the constitutionality of AB 1 X 26 and AB I X 27; and WHEREAS, on August 11, 2011, the Supreme Court agreed to take the case and issued an order for the immediate stay of enforcement of AB 1X 26 in part and AB 1X 27 in its entirety; and WHEREAS, on August 17, 2011, the Supreme Court modified its order to clarify that Health and Safety Code Sections 34161 through 34169.5, enacted by AB 1X 26, and Health and Safety Code Section 34194(b)(2), enacted by AB 1X 27, are not stayed ("Court's Stay"); and WHEREAS, California Health and Safety Code Section 34194.2, which is currently not effective as a result of the Court's Stay, provides that the City may enter into an agreement with the Agency, whereby the Agency will annually transfer tax increment revenue to the City, in an amount not to exceed the amount of the Community Remittance for such fiscal year, for the purpose of financing activities within the Project Areas related to the Agency's goals ("Agreement"); and WHEREAS, because California Health and Safety Code Section 34194.2 is stayed by the Court's Stay, the Agency and the City desire to enter into this Agreement, effective on the condition that the Supreme Court orders that the Court's Stay be lifted or modified in a manner that permits the Agency and the City to enter this Agreement; and WHEREAS, the City reserves the right, whether any Community Remittance has been paid, to challenge the legality of AB 1X 26 and AB IX 27; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the City Council of the City of Azusa: SECTION 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. SECTION 2. Finding. Upon consideration of the facts set forth in the staff report accompanying this Resolution and other written and oral evidence presented to the City Council, the City Council finds that the transfer of tax increment revenue from the Agency to the City for the funding of the Community Remittance payment by the City will: (1) allow the Agency to remain in existence and continue to act to accomplish the Agency's goals in the Project Areas and is in the best interests of the health, safety and welfare of the City's residents; and (2) free the City from committing general fund revenues or other City assets to pay the Community Remittance for any fiscal year. SECTION 3. Annroval of Agreement. The City Council hereby conditionally approves the Agreement, in substantially the form attached hereto as Exhibit A and incorporated herein by reference. The Agreement shall be effective upon the Court's Stay being lifted or modified in a manner that permits the Agency and the City to enter into the Agreement and the Ordinance electing to participate in the Alternative Voluntary Redevelopment Program is valid and effective for such purpose or later ratification or re -adoption of such Ordinance by the City or adoption of a new Ordinance by the City and, in each case, such action is effective to allow the City and the Agency to proceed pursuant to the Alternative Voluntary Redevelopment Program. The Agreement provides that the Agency's pbligation to transfer tax increment revenues to the City and the City's payment of the Community Remittance will be conditioned upon: (1) a final determination that AB IX 26 and AB 1X 27 are constitutional; and (2) the Ordinance electing to participate in the Alternative Voluntary Redevelopment Program being valid and effective for such purpose or later ratification or re -adoption of such Ordinance by the City or adoption of a new Ordinance by the City and, in each case, such action is effective to allow the City and the Agency to proceed pursuant to the Alternative Voluntary Redevelopment Program. The City Council authorizes and directs the City Manager to execute the Agreement on behalf of the City, subject to any minor clarifying, conforming and technical changes as may be approved by the City Attorney. The City Manager is further authorized and directed to take such actions and execute such documents as may be necessary to carry out the obligations of the City under the Agreement. SECTION 4. CEOA. The City Council finds, under Title 14 of the California Code of Regulations, Section 15378(b)(4), that this Resolution is exempt from the requirements of the California Environmental Quality Act ("CEQA") in that it is not a "project," but instead consists of the creation and continuation of a governmental funding mechanism for potential future projects and programs, and does not commit funds to any specific project or program. The City Council, therefore, directs that a -Notice of Exemption be filed with the County Clerk of the County of Los Angeles in accordance with CEQA Guidelines. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 6. Certification. The City Clerk shall certify to the adoption of this Resolution. SECTION 7. Effective Date. This Resolution shall become effective upon its adoption. PASSED AND ADOPTED at a regular meeting of the City Council on the 19`h day of September, 2011 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Exhibit A Community Remittance Funding Agreement RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, CALIFORNIA CONDITIONALLY APPROVING AND AUTHORIZING THE EXECUTION OF A COMMUNITY REMITTANCE FUNDING AGREEMENT BY AND BETWEEN THE CITY OF AZUSA AND " THE AGENCY PROVIDING FOR THE TRANSFER OF TAX INCREMENT REVENUE TO THE CITY IN AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE COMMUNITY REMITTANCE REQUIRED UNDER AB IX 27 WHEREAS, pursuant to the Community Redevelopment Law (Health and Safety Code sections 33000 et seg.), the City Council of the City of Azusa ("City") created the Redevelopment Agency of the City of Azusa ("Agency") to serve as the redevelopment agency within the City; and WHEREAS, the City Council of the City of Azusa ("City Council") approved and adopted the Redevelopment Plan ("Redevelopment Plan") for the Merged Central Business District and West End Redevelopment Project Area and the Ranch Center Project Area covering certain properties within the City (the "Project Areas"); and WHEREAS, as part of the 2011-2012 State budget bill, the California Legislature enacted, and the Governor signed, companion bills AB 1X 26 and AB 1X 27, requiring that each redevelopment agency be dissolved unless the community that created it enacts an ordinance committing it to making certain payments; and WHEREAS, specifically, AB 1X 26 prohibits agencies from taking numerous actions, effective immediately and purportedly retroactively, and additionally provides that agencies are deemed to be dissolved as of October 1, 2011; and WHEREAS, AB 1X 27 provides that a community may participate in an "Alternative Voluntary Redevelopment Program," in order to enable a redevelopment agency within that community to remain in existence and carry out the provisions of the CRL, by enacting an ordinance agreeing to comply with Part 1.9 of Division 24 of the Health and Safety Code; and WHEREAS, on September 6, 2011, the City Council elected to participate in the Alternative Voluntary Redevelopment Program by adoption of Ordinance No. 11-015 ("Ordinance"), stating the City's election to participate in the program if California Health and Safety Code Section 34161 et seq. and California Health and Safety Code Section 34192 et seq. are found to be constitutional; and WHEREAS, participation in the Alternative Voluntary Redevelopment Program requires the City to remit specified annual amounts to the county auditor -controller ("Community Remittance"); and WHEREAS, the California Director of Finance has notified the City that its Community Remittance for Fiscal Year 2011-2012 is Eight Hundred Sixty Thousand Nine Hundred Forty -Four Dollars ($860,944); and WHEREAS, a Petition for Writ of Mandate was filed in the Supreme Court of the State of California on July 18, 2011 (California Redevelopment Association, et al. v. Ana Matosantos, et al, Case No. 5194861), challenging the constitutionality of AB 1X 26 and AB IX 27 on behalf of cities, counties and redevelopment agencies and requesting a stay of enforcement of AB IX 26 and AB 1X 27 pending the Supreme Court's determination of the constitutionality of AB 1X 26 and AB 1 X 27; and WHEREAS, on August 11, 2011, the Supreme Court agreed to take the case and issued an order for the immediate stay of enforcement of AB 1 X 26 in part and AB 1 X 27 in its entirety; and WHEREAS, on August 17, 2011, the Supreme Court modified its order to clarify that Health and Safety Code Sections 34161 through 34169.5, enacted by AB 1X26, and Health and Safety Code Section 34194(b)(2), enacted by AB 1X 27, are not stayed ("Court's Stay"); and WHEREAS, California Health and Safety Code Section 34194.2 provides that the City may enter into an agreement with the Agency, whereby the Agency will annually transfer tax increment revenue to the City, in an amount not to exceed the amount of the.Community Remittance for such fiscal year, for the purpose of financing activities within the Project Areas related to the Agency's goals ("Agreement"); and WHEREAS, because California Health and Safety Code Section 34194.2 is stayed by the Court's Stay, the Agency and the City desire to enter into this Agreement, effective on the condition that the Supreme Court orders that the Court's Stay be lifted or modified in a manner that permits the Agency and the City to enter this Agreement; and WHEREAS, the City reserves the right, whether any Community Remittance has been paid, to challenge the legality of AB 1X 26 and AB 1X 27; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the Redevelopment Agency of the City of Azusa: SECTION 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. SECTION 2. Finding. Upon consideration of the facts set forth in the staff report accompanying this Resolution and other written and oral evidence presented to the Agency Board, the Agency finds that the transfer of tax increment revenue from the Agency to the City for the funding of the Community Remittance payment by the City will: (1) allow the Agency to remain in existence and continue to act to accomplish the Agency's goals in the Project Areas and is in the best interests of the health, safety and welfare of the City's residents; and (2) free the City from committing general fund revenues or other City assets to pay the Community Remittance for any fiscal year. SECTION 3. Approval of Agreement. The Agency hereby conditionally approves the Agreement, in substantially the form attached hereto as Exhibit A and incorporated herein by reference. The Agreement shall be effective upon the Court's Stay being lifted or modified in a manner that permits the Agency and the City to enter into the Agreement and the Ordinance electing to participate in the Alternative Voluntary Redevelopment Program is valid and effective for such purpose or later ratification or re -adoption of such Ordinance by the City or adoption of a new Ordinance by the City and, in each case, such action is effective to allow the City and the Agency to proceed pursuant to the Alternative Voluntary Redevelopment Program. The Agreement provides that the Agency's obligation to transfer tax increment revenues to the City and the City's payment of the Community Remittance will be conditioned upon: (1) a final determination that AB 1X 26 and AB 1X 27 are constitutional; and (2) the Ordinance electing to participate in the Alternative Voluntary Redevelopment Program being valid and effective for such purpose or later ratification or re -adoption of such Ordinance by the City or adoption of a new,Ordinance by the City and, in each case, such action is effective to allow the City and the Agency to proceed pursuant to the Alternative Voluntary Redevelopment Program. The Agency authorizes and directs the Executive Director to execute the Agreement on behalf of the Agency, subject to any minor clarifying, conforming and technical changes as may be approved by Agency Counsel. The Executive Director is further authorized and directed to take such actions and execute such documents as may be necessary to carry out the obligations of the Agency under the Agreement. SECTION 4. CEOA. The Agency finds, under Title 14 of the California Code of Regulations, Section 15378(b)(4), that this Resolution is exempt from the requirements of the California Environmental Quality Act ("CEQA") in that it is not a "project," but instead consists of the creation and continuation of a governmental funding mechanism for potential future projects and programs, and does not commit funds to any specific project or program. The Agency, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Los Angeles in accordance with CEQA Guidelines. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Agency hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 6. Certification. The Agency Secretary shall certify to the adoption of this Resolution. SECTION 7. Effective Date. This Resolution shall become effective upon its adoption. PASSED AND ADOPTED at a regular meeting of the Redevelopment Agency of the City of Azusa on the 19`h day of September, 2011 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Chair ATTEST: Secretary Exhibit A Community Remittance Funding Agreement RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, CALIFORNIA APPROVING AND ADOPTING THE PRELIMINARY DRAFT OF THE INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO AB 1X 26 ` WHEREAS, pursuant to the Community Redevelopment Law (Health and Safety Code, Sections 33000 et seq.), the City Council of the City of Azusa ("City") created the Redevelopment Agency of the City of Azusa ("Agency") to serve as the redevelopment agency within the City; and WHEREAS, the City Council of the City of Azusa ("City Council') approved and adopted the Redevelopment Plan ("Redevelopment Plan") for the Merged Central Business District and West End Redevelopment Project Area and the Ranch Center Project Area covering certain properties within the City (the "Project Areas"); and WHEREAS, as part of the 2011-2012 State budget bill, the California State Legislature recently enacted, and the Governor signed, companion bills AB 1X 26 and AB 1X 27, which eliminate every redevelopment agency unless the community that created it adopts an ordinance agreeing to participate in an Alternative Voluntary Redevelopment Program which requires the payment of an annual "community remittance" payment; and WHER19AS, on July 18, 2011, the League of California Cities and the California Redevelopment Association filed suit in the Supreme Court of the State of California challenging the constitutionality of and requesting a stay of enforcement of AB 1 X 26 and AB 1 X 27; and WHEREAS, on August 11, 2011, the Supreme Court agreed to take the case and issued an order for the immediate stay of the enforcement of AB 1X 26 in part and AB 1X 27 in its entirety; and WHEREAS, on August 17, 2011, the Court modified its stay to clarify that Health and Safety Code Sections 34161 through 34169.5, enacted by AB 1X 26, are not subject to the stay; and WHEREAS, Health and Safety Code Section 34169(h), enacted by AB 1X 26, requires redevelopment agencies to prepare, by September 30, 2011, a preliminary draft of the initial Recognized Obligation Payment Schedule ("ROPS"). NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the Redevelopment Agency of the City of Azusa as follows: Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. Approval and Adoption of ROPS. The Agency hereby approves and adopts the preliminary draft of the initial ROPS, in substantially the form attached hereto as Exhibit A, as required by Health and Safety Code Section 34169(h). Section 3. Future Action. The Agency hereby authorizes the Agency Executive Director, or his or her designee, to provide the preliminary draft of the initial ROPS to the Agency's successor agency, if the Supreme Court's stay is lifted or modified in a manner that permits a successor agency to be established for the Agency pursuant to Part 1.85 to Division 24 of the Health and Safety Code, enacted by AB 1X 26. Section 4. Certification. The Agency Secretary shall certify to the adoption of this Resolution. Section 5. Effective Date. This Resolution shall become effective upon its adoption. PASSED AND ADOPTED at a regular meeting of the Redevelopment Agency of the City of Azusa on the 19a' day of September, 2011 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Chair ATTEST: Secretary EXHIBIT A RECOGNIZED OBLIGATION PAYMENT SCHEDULE Name of Redevelopment Agenry: City of Azusa Redevelopment Apencv Page of 2 Pages Project Ama(s) Margad Central Business Oislnd Is West End ProetJ Area RECOGNIZED OBLIGATION PAYMENT SCHEDULE Per AB 26 - Seaton 34177 Project Name Debt Obligation •Payee Descrip8on Total Outstanding Debt or Obli adon Jen Feb Mar Paymentsb month Apr Ma Jun Total Source of Pe menl 20 ConsulGn Services Lance Bog Lun hard Audit Services 16,000.00 1.400.00 3000.00 $ 4,40000 Redevelopment Prop Tax Trust Fund RPTTF 21 Retlev Consulting Services Urban Futures Poed AdminisGtion . . . , , . , . 27,063.00 $ 162498.00 RPTTF 22 Capped Puraltasa Older ENL Services Re air ofA en Property 20,040.00 167000 16)0.00 1670.00 167000 1670.00 1670.00 $ 10,020.00 RPTTF 23 Legal Services Best Best d Kne er Redevelopment Legal Counsel 400000.00 33333.00 33,boom 33,333.00 33,333.00 33,333.00 33,33300 $ 199,665.00 RPTTF 24 A enc O ¢rations Venzon Reader Board Monthly Utility Bill 150BOD 140.00 140.00 14000 140.00 140.00 140.00 $ 64000 RPTTF 25 A en Operations Verizon Cell Phone for Reddy. Pro. M, 1200.00 100.00 100.00 10000 10D.00 10000 10000 $ 600.00 RPTTF 26 A en O nations VenzOn Fex Machine 240.00 20.00 20.00 20.00 20.00 2000 2000 $ 120.00 RPTTF 27 A en O erelions Iron Mountain Monthly Records Stora e 1.740.00 145.00 14500 145.00 145.00 145.00 145.00 $ 87000 IRPTTF 28 Agency O orations National Constmetion Rentals. Inc. Sewn Fen¢ 716-718N.DallonA 3,160.00 26500 26500 265.00 265.00 26500 26500 E 159000 RPTTF 29 Agonw O araGons ATBT Long Distance Service 120.00 10,001 10.00 10.00 10.00 1000 10.00 $ 60.00 RPTTF 30 A en 0 orations National CpnsVuc4on Rentals Inc. Security Fence Choi Property) 1.200.00 IDD.OD 100.00 100.00 10D.00 10000 10000 S 600.00 RPTTF 31 A en Operations Azusa Light & Water utility ,sts 7,909.52 860.o0 66000 86000 850.o0 860.00 860.00 $ 5,160.00 RPTTF 32 A en O eratmns FedEx Paha ¢Delius 45000 2500 1 25.00 50.00 WBO 50.00 5000 E 25000 RPTTF 33 Ageng Operations OBme Depot Offs su Les 1,00000 0.00 000 100.00 100.00 300.00 100.00 $ 6000 RPTTF 34 Advenixirl San Gabriel ValleyTribuna AdveNsin and Public Notiws 18000.00 1,00000 1,00000 1000.00 1,000.00 1 1,000.00 100000 E 6000.00 RPTTF 35 Travel and Meeting Exenses US Bank Travel and Meetino Expenses 5,00000 2000.00 E 2.000.00 RPTTF 36 Bond Adminitlralipn Wells FaroTrust Trustee Semces for Bonds 14850.00 1485000 $ 14,650.00 RPTTF 37 ODA AzusafAmoWH The Charval F..LLC Potential Liquidated Damages 50,000.00 50000.OD S 50,00000 RPTTF 38 ODA 9tNAlamede Hand Pro' Crty Ventures LLC Potential U uitlatetl Damages 25,00000 25000.OD S 25,000.00 RPTTF 39 ENAEnte nse Kal Pantie 8 ASxoaates Potential Liquidated Damaktas 1500000 15,000.00 E 15,W000 RPTTF 40 Ci Advance 011y of Azusa City Adv./FY 2010-11 SERAF Pmt 501,540,00 504540.00 $ 540 00 RPTTF E -$676 S Totals - TMs Page (1) S 1,411,98452 5114,751.00 b 6581800 E )9.8)6.00 E 67,076.00 560936600 $ 1,004.663.00 (1) All paYmant amounts are estimates. Name of Redevelopment Agency: City of Amsa Redevelopment Agency Projed Areas) Merged Central Amain... District& West End Preei,t Area RECOGNIZED OBLIGATION PAYMENT SCHEDULE Per AS 26 - Section 30177 Pagel of 2 Pages 1 2 3 4 5 6 ] 8 9 18 19 Tax Allocation Bonds Project Name Debt ObligationjBondHoldei To. Allawtion Bonds Tax Allocation Bands Ci Advance Ci gdvanc6 Ci Advance ReimbAgreement Housin Bonds Tax Allocation Bonds Tax Allocation Bontls LMI Advance Sales Tax Reimbursement Sales Tax Reimbursement Sales Tex Pool Em a ee Costs Arbitra eCo fiance Price/Costco Note Pme Tex Cpnsul5n Pa ee ers Bonden sa sa Oit of Azusa Azusa Public Flnancin Aulhan Bond Holders Bond Holders Bond Holders ROA Low Mod Funtl L&W Fund Cit ofAzua Price Famil Comn and Stale Em to ees ofA enc Arbitra eCom lianca6 erdalists HDL Comm &Cane HDLCorenBCpne Description 'Amp d.,;— A Mer etl T.A. Bonds 2003 Mored T.A. Rafuntlin Bonds 2005 Me etl TABond. Advancel5W-645 Foothill) ims Site Ci Adv./qutodeelaraM1i City, Adm/61&621 N. Azusa Foley Bldg) RaimbA rmV2003 Refundin COP'a 20085enes B Housin T.A. Band. 200]SenesATax AlloralioA Bands 2007$Bnes B Tax Allocation Bontls LowMlod Adv.Ii 36 Mixed Use Ci AEv181501,i 8 lst Reader Brut Sale. Tax Due Ca Develo erA raementAdvance Admin Fees and Pool Pa roll foram to ees Aroma a calculation far Bonds Sales Tax uonaultin &Calculations Tax Increment and Pass Pmu M1calwlations Total Outstanding Debt or Obli anon 14.705231.00 11,855.163.00 18]55,912.0017d,]10.00 1156,145.0]8.605.00 9088,334.00 227.052.00 4437,00700 25499.067.00 28.363 766 8590,056.00 1,551,135➢0 499,425.00 16.3604DJ.00 9,356,038.00 90,00000 ]8594000 6,100.00 21000.00 2]000.00 Jan 99980.00 54,580.00 100500 3,495.00 ],660.00 Feb 24].590.00 189.690.00 1]8,]95.00 408,267.50 64593250 16021250 99,10000 $0,000.00 54,58000 255000 3300.00 2]00.00 Mar 1112]0.00 227700.00 5458000 255000 3,300.00 ),500.00 Paymenlsb month Apr May J4,00S 54$8000 5458000 1 3300.00 1 .300.00 2700.00 2.700.00 Jun $"247,590.00 $ S E 124840.00 $ 3,]45.00 $ $ S $ $ 813,067.50 E 49,942.50 S 5000000 S 262,30000 $ S $ 4305.00 $ 3,]40.00 $ Total 169,890.00 1]a]f0.00 )8,9]500 124,84000 3]45W 00 1]0]8PTTF 40026PT 64093PTTF10 16021PTTFtt 04],06PTTF 40,94PTTF13 38035IM1er $9000ber 7400llier 327,40PTTF1] 510TTF 21,000.00 27,000.00 - Source of Payment Redevelo ment Pm Tex Trust Fund RPTTF RPTTF RPTTF RPTTF RPTTF RPTTF TF AND Otnar Ravanue $DorcasCi Revenue 6ourmz14 Revenue Sours15 Ravanue Sourcesi6 RPTTF RPTTF Totals - This Pago Totals Paget Totals-OIM1er Obligations Grand total - All Pe9e. p1 $ 151 884 77403 $ $ 1,411,969.52 $ $ 80631593.00 E11D,1]O.OD 3 I 020,336.52 $391.6]6.00 165,71500 52,182 114,]51.00 $ § is 227.50 1 $606,900.00 114,751.00 S 110,1]000 E 548.50 §52]69600 ]9.8]6.00 95820.00 S 60580.00 $ 6],8]6.00 §426.58000 $555,036.00 E 94,50000 E1475,495.00 S 6],0]600 § 609,265.00 E305,140.00 $ 245,0]]50 §466196.00 $2.329,838.50 §4,386,119]50 51.004863.00 E13>OOP.W $5]61,5]8.00 (1) All payment amounts am estimates. Name of Redevelopment Agency: Azusa Redevelopment Artency Project Area(Q Merged Central Business District 8 West End Pro ad Area OTHER RECOGNIZED OBLIGATION PAYMENT SCHEDULE Per AB 26 - Section 34177 Page 1 of 1 Pages Total Outstanding Payments by month project Name l Debt Obligation Payee Description Debtor Obli ,tion Jen Feb Mar May Jun Total Source of Payment 1) Pass Through Est Count Pass -Through /Admin 69,395083.00 90,460.00 246220.00 13600.00 402,880.00 278,150.00 242,215.00 61.281,52500 Redevelopment Prop Tax Trust Fund RPTTF 2 Pass Through Est SW".q Tax Sharing PsssThroe h 11236,510.00 11,710.00 91000 22,320.00 23,700.00 26,990.00 2,862.50 $ 88,492.50 RPTTF 3 $ 4 $ 5 $ 6 $ $ 8 $ g $ 10 $ 11 $ 12 $ 13 $ 10 $ 15 $ 6 $ 1] $ 8 $ 9 $ 20 $ 21 $ 22 $ 23 $ 24 6 25 $ 2fi $ 27 $ 28 $ Totals - Other Obligations (1( I $ 80,631,693.00 6 110,170.00 S 247,130.00 6 36,920.00 6 428,680.00 $ 306,140.00 6 246,0]].60 6 1,6]0,01).60 (1) All payment amounts are,allmates. Name of Redevelopment Agency: Azusa Redevelopment Agency Page 1 of 1 Pages a Protect /Vea(s) Ranch Center Project Area OBLIGATION PAYMENT SCHEDULE Per AB 26 - Section 34177 Total Outstanding Payments by month Project Name / Debt Obligation Payee Description Debt or Obli .tion Jan Feb Mar Apr May Jun Total Source of Payment 1 City L&W Enterprise Loan City of Azusa L&W Fund 2SYear Secured Nate - Revolvin 2,117,029.00 ]5,]27.50 $ 75,727.50 Redev. Prop. Tax Trust Fund RPTTF 2 Cily Loan City of Azusa Unsecured Note - Due City 4,926,805.00 62,795.00 $ 62,795.00 RPTTF 3 Sales Tax Reimbursement City of Azusa Sales Tax Due City 1,508,508.00 7,940.00 $ 7,940.00 RPTTF 4 City L&W Enterprise Loan City of Azusa L&W Fund Advance/Rehabilitation Improvements 1,840,478.00 38,857.50 E 38,857.50 RPTTF 5 $ 6 $ 7 $ 8 $ g $ 0 $ $ 12 $ 13 $ 14 $ 15 $ 16 $ 17 $ 18 $ 19 $ 20 $ 21 $ 22 $ 23 $ 24 $ 25 $ 26 $ 27 $ 28 $ 29 $ 30 $ E Totals - This Page E 10,392,820.00 1 $ Is $ $ $185,320.00 5185,320.00 Totals- Other Obligations $ 4,309,747.00 1 $ 3,800.011 1 $ $ 17,900.00 E 19,437.50 E $ 51,257.50 Grand total - All Pages (1) $ 14,702,567.00 ILL _1800.00 LL—_=F$ 17,900.00 $ 19,437.50 5185,320.00 $236,577.50 (1) All payment amounts are estimates. Name of Redevelopment Agency Azusa Redevelopment Agenq Project Ama(s) Ram 1b Center Project Area OTHER RECOGNIZED OBLIGATION PAYMENT SCHEDULE Per AB 26 - Section 34177 Page 1 of 1 Pages Total Outstanding Payments by month (7) Project Name /Debt Obligation PaydAissThrough escription Debt or Obligation Jan Feb Mar Apr May Jun Total Source of Payment 1 Pass Through Agreement Azusa Unified Through 293,464.00 1,690.00 2,340.00 3,270.00 $ 7.300.00 Redey, Prod. Taz Trust Fund RPTTF 2 Pass Through A ,gement Citrus Colle a Through h 160,373.00 260.00 170.00 182.50 $ 612.50 RPTTF 3 Pass Through Agreement LA Count 3,855,910M 3,800.00 8,170.00 15,390.00 15,985.00 $ 43,345.00 RPTTF 4 $ 5) $ 6 $ $ 8 $ 9 $ 10 $ 11 $ 2 $ 13) $ 14 $ 15 $ 18 $ 17 $ 18 $ 19 $ 20 $ 21 $ 22 $ 23 $ 24 $ 25 $ 26 $ 27 $ 28 1$ Totals -Other Obligations (1) E 4,709,747.00 $ 7,600.00 E 10,120.00 $ $ 17,900.00 E 19,477.50 $ E 61,257.$0 (1) All payment amounts am estimates. COMMUNITY REMITTANCE FUNDING AGREEMENT This COMMUNITY REMITTANCE FUNDING AGREEMENT ("Agreement"), is dated as of , 2011 by and between the CITY OF AZUSA, a California municipal corporation ("City"), and the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body, corporate and politic ("Agency"). The City and the Agency are sometimes, indididually, referred to in this Agreement as a "Party" or are sometimes, collectively, referred to in this Agreement as the "Parties." The Parties enter into this Agreement with reference to the following recited facts: RECITALS A. The City Council of the City of Azusa ("City Council") approved and adopted the Redevelopment Plan ("Redevelopment Plan") for the Merged Central Business District and West End Redevelopment Project Area and the Ranch Center Project Area covering certain properties within the City (the "Project Areas"); and B. The Agency has been engaged in activities to redevelop the Project Areas pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.); and C. Continued redevelopment of the Project Areas to eliminate blight, improve public facilities and infrastructure, renovate and construct affordable housing, and enter into partnerships with private industries to create jobs and expand the local economy is vital to the health, safety and welfare of the City; and D. On June 28, 2011, the State of California enacted California Health and Safety Code Section 34161 et seq. as part of the State's enactment of Assembly Bill 1X 26 ("AB 1X 26"), immediately prohibiting further redevelopment activity by redevelopment agencies and dissolving all redevelopment agencies in the State of California on October 1, 2011; and E. On June 28, 2011, the State of California also enacted California Health and Safety Code .Section 34192 et seq. under Assembly Bill 1X 27 ("AB 1X 27") , providing communities the opportunity to continue redevelopment activity through their local redevelopment agencies by electing to participate in the "Alternative Voluntary Redevelopment Program"; and F. On July 18, 2011, a Petition for Writ of Mandate was filed in the Supreme Court of the State of California in the matter of California Redevelopment Association, et al. v. Ana Matosantos, et al., Case No. 5194861 ("Legal Action"), challenging the constitutionality of AB 1X 26 and AB 1X 27, on behalf of cities, counties and redevelopment agencies and requesting a stay of enforcement of AB 1X 26 and AB 1X 27, pending the Supreme Court's determination of the constitutionality of AB 1X 26 and AB 1X 27; and G. On August 11, 2011, the Supreme Court issued an order in the Legal Action granting a partial stay of California Health and Safety Code Section 34161 et seq., exclusive of California Health and Safety Code Sections 34161 through 34167 (which prohibit all new redevelopment activity), and a complete stay of California Health and Safety Code Section 34192 et seq., such that the City and the Agency cannot currently pursue new redevelopment activity under the Alternative Voluntary Redevelopment Program (collectively, "Stay"); and H. On August 17, 2011, the Supreme Court modified the Stay such that the Stay no longer affects, in addition to California Health and Safety Code Sections 34161 through 34167, California Health and Safety Code Sections 34167.5 through 34169.5 or California Health and Safety Code Section 34194(b)(2); and I. If upheld by the Supreme Court, the Alternative Voluntary Redevelopment Program would allow the Agency to continue pursuing redevelopment within the City, rather than being dissolved pursuant to California Health and Safety Code Section 34161 et seq.; and J. On September 6, 2011, the City Council elected to participate in the Alternative .Voluntary Redevelopment Program by adoption of Ordinance No. 11-015 ("Ordinance"), stating the City's election to participate in the program if California Health and Safety Code Section 34161 et seq.. and California Health and Safety Code Section 34192 et seq., are found to be constitutional; and K. The City intends to participate in the Alternative Voluntary Redevelopment Program under the provisions of California Health and Safety Code Section 34161 et seq., and California Health and Safety Code Section 34192 et seq., as they existed prior to imposition of the Stay, because such laws prohibited all new redevelopment activity within the City, would dissolve the Agency and threaten the future health, safety and welfare of the City; and L. The City does not intend to participate in the Alternative Voluntary Redevelopment Program, if all or any portion of California Health and Safety Code Section 34161 et seq., or California Health and Safety Code Section 34192 et seq., are determined by a court of competent jurisdiction to be unconstitutional, illegal, invalid or otherwise unenforceable or inapplicable, for any reason or in any manner that allows the Agency to continue its operations and redevelopment activities in a manner acceptable to the City Council, without the City's participation in the Alternative Voluntary Redevelopment Program, and all appeals of such court determination are exhausted or unsuccessful, or the time for filing an appeal of such court determination has lapsed; and M. Participation in the Alternative Voluntary Redevelopment Program requires the City to pay certain dollar amounts annually, based on formulas set forth in California Health and Safety Code Section 34194 ("Community Remittance"), to the County of Los Angeles Auditor - Controller; and N. For Fiscal Year 2011-2012 the State of California Director of Finance was required to notify the City by August 1, 2011, of the dollar amount of the Community Remittance payable by the City to participate in the Alternative Voluntary Redevelopment Program for such fiscal year; and O. The State of California Director of Finance notified the City, as of August 1, 2011, thatthedollar amount of the Community Remittance payable by the City to participate in the Alternative Voluntary Redevelopment Program for Fiscal Year 2011-2012 is EIGHT HUNDRED SIXTY THOUSAND, NINE HUNDRED FORTY-FOUR DOLLARS ($860,944); and P. California Health and Safety Code Section 34194.2, which is currently not effective as a result 'of the Stay, provides that the City may enter into an agreement with the Agency, whereby the Agency will transfer to the City a portion of the ad valorem property tax revenues allocated and actually paid by the County of Los Angeles ("County") to the Agency in each fiscal year, beginning with the 2011-2012 fiscal year, pursuant to the redevelopment plans for the Project Areas and Health and Safety Code Section 33670(b) ("Tax Increment"), in an amount not to exceed the amount of the Community Remittance for such fiscal year, for the purpose of financing activities within the Project Areas related to the Agency's goals; and Q. The City and the Agency desire to enter into this Agreement, with the effectiveness of this Agreement conditioned on the Supreme Court ordering the Stay lifted or modified in a manner that permits the Agency and the City to enter into this Agreement; and R. The City reserves the right, whether or not any Community Remittance has been paid, to challenge the legality of California Health and Safety Code Section 34161, et seq., and/or California Health and Safety Code Section 34192, et seq. AGREEMENT NOW, THEREFORE, in consideration of the promises of the City and the Agency contained in this Agreement and other good and valuable consideration, the City and the Agency agree as follows: 1. Conditions to Effectiveness of Agreement. This Agreement shall only become effective if and when the Supreme Court orders the Stay lifted or modified in a manner that permits the Agency and the City to enter into this Agreement and the Ordinance electing to participate in the Alternative Voluntary Redevelopment Program is valid and effective for such purpose or later ratification or re -adoption of such Ordinance by the City or adoption of a new Ordinance by the City and, in each case, such action is effective to allow the City and the Agency to proceed pursuant to the Alternative Voluntary Redevelopment Program. 2. Agency Payments to City to Fund Community Remittance Each Fiscal Year. The Agency's obligation to make payments to the City pursuant to this Agreement is expressly conditioned upon ("Condition"): (1) a final determination by the California Supreme Court that California Health and Safety Code Section 34161, et seq., and California Health and Safety Code Section 34192, et seq., are constitutional; and (2) the City's Ordinance electing to participate in the Alternative Voluntary Redevelopment Program is valid and effective for such purpose or the City's later ratification or re -adoption of such Ordinance or City adoption of a new ordinance and, in each case, such City action is effective to allow the City and the Agency to proceed pursuant to the Alternative Voluntary Redevelopment Program. Subject to the prior occurrence of the Condition, on or before each January 10 and May 10 of each fiscal year while this Agreement is in effect, the Agency shall pay to the City an amount of Tax Increment or other Agency funds equal to one-half of the amount of the Community Remittance for such fiscal year; provided, however, that for the 2011-2012 fiscal year the Agency shall pay to the City an amount of Tax Increment or other Agency funds equal to the amount of the Community Remittance for such fiscal year in a time and manner that will allow the City to pay the Community Remittance to the County for the 2011-2012 fiscal year, within the time required by law. The amount of the Community Remittance for each fiscal year shall be determined pursuant to :California Health and Safety Code Section 34194. The City and the Agency agree that, if the Agency does not have sufficient Tax Increment available to pay the full Community Remittance in any fiscal year, the City shall have no obligation to use City funds for such purpose, in which case the Agency may be dissolved pursuant to California Health and Safety Code Section 34195. 3. City Payment of Community Remittance Each Fiscal Year. The City's obligation to make payments of Community Remittances pursuant to this Section 3 is expressly conditioned upon the occurrence of the Condition. Subject to the prior occurrence of the Condition and receipt of Tax Increment or other funds from the Agency in an amount equal to the amount of the Community Remittance pursuant to Section 2, the City shall pay to the County of Los Angeles Auditor -Controller; no later than January 15 and May 15 of each year, one-half of the amount of " the Community Remittance due for such fiscal year while this Agreement is in effect; provided, however, that for the 2011-2012 fiscal year the City shall pay the Community Remittance for the 2011-2012 fiscal year; within the time required by law. The City's obligation to pay such Community Remittances shall be a special limited fund obligation of the City payable solely from Tax Increment or other funds paid to the City by the Agency pursuant to this Agreement for the purpose of paying the Community Remittance in a particular fiscal year. Nothing contained in this Agreement is intended to nor shall be deemed to be a pledge of the City's general fund revenues or other City assets to payment of the Community Remittance for any fiscal year. 4. Termination. This Agreement may be terminated by either the City or the Agency, if all or any portion of California Health and Safety Code Section 34161, et seq., or California Health and Safety Code Section 34192, et seq., are determined by a court of competent jurisdiction to be unconstitutional, illegal, invalid or otherwise unenforceable or inapplicable, for any reason or in any manner. Notwithstanding the foregoing or any other provision of this Agreement, either the City or the Agency may terminate this Agreement at any time, for any reason or no reason. 5. Remedies. 5.1 Remedies. City and Agency shall have all remedies available to either of them at law or in equity under the laws of the State of California regarding any Event of Default by the other under this Agreement, subject to Section 5.3. 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 such Party, at the same or different times, of any other rights or remedies for the same Default or Event of Default or the same rights or remedies for any other Default or Event of Default. 5.3 No Consequential Damages. Whenever either Party may seek or claim damages against the other Party, neither Party shall seek, nor shall there be awarded or granted by any court, arbitrator; or other adjudicator, any speculative, consequential, collateral, special, punitive, or indirect damages, whether such breach shall be willful, knowing, intentional, deliberate, or otherwise. The Parties intend that any damages awarded to either Party shall be limited to actual, direct damages sustained by the aggrieved Party. Neither Party shall be liable for any loss of profits suffered or claimed to have been suffered by the other Party. 5.4 Definitions. For purposes of this Agreement, the following terms are defined as follows: (a) Default. Any Monetary Default or Non -Monetary Default. (b) Event of Default. The occurrence of any one or more of the following: (i) Monetary Default. A Monetary Default that continues for thirty (30) 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 (ii) Non -Monetary Default. Any Non -Monetary Default that is not cured within thirty (30) days after Notice to the Party 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 Parry 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; and (ii) duly commence such cure, within such period, and then prosecute such cure to completion within a reasonable time under the circumstances. (c) Monetary Default. Any failure by either Party to pay or deposit, when and as this Agreement requires, any amount of money whether to or with a Party or a third person. (d) Non -Monetary Default. The occurrence of any of the following, except to the extent constituting a Monetary Default: (a) any failure of a Party to perform any of its obligations under this Agreement; (b) a Party's failure to comply with any material restriction or prohibition in this Agreement; or (c) 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. 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 Notices, Demands and Communications Between the Parties. Any and all notices submitted by either Party to the other Party pursuant to or as required by this Agreement shall be proper, if in writing and transmitted to the address of the City or the Agency, as applicable, set forth below in this Section 6.2, by one or more of the following methods: (1) messenger for immediate personal delivery; (2) a nationally recognized overnight (one business day) delivery service (i.e., Federal Express, United Parcel Service, etc.); or (3) 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 the notice 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 the notice is deposited with the United States Postal Service for delivery, as provided in this Section 6.2. 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. The following are the authorized addresses for the submission of notices to the Parties, as of the date of this Agreement: To City: City of Azusa 213 East Foothill Boulevard P.O. Box 1395 Azusa, CA 91702-1395 Attn: City Manager To Agency: Redevelopment Agency of the City of Azusa 213 East Foothill Boulevard P.O. Box 1395 Azusa, CA 91702-1395 Attn: Executive'Director 63 Relationship of Parties. The Parties each intend and agree that the City and the Agency 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. 6.4 Survival of Agreement. All of the provisions of this Agreement shallbe 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 final 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. 6.5 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. 6.6 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 counseland 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. 6.7 Governing Law. The substantive and procedural laws of the State of California shall govem the interpretation and enforcement of this Agreement, without application of conflicts or choice of laws principles. 6.8 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. 6.9 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. 6.10 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. 6.11 Signature in Counterparts. This Agreement may be signed by the authorized representatives of the Parties 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. 6.12 Entire Agreement. This Agreement includes nine (9) pages that constitute the entire understanding and Agreement of the Parties regarding the 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 subjects addressed in this Agreement. 6.13 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. 6.14 No Implied or Continuing 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. 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 City and the Agency. [Signatures on the following page] SIGNATURE PAGE TO COMMUNITY REMITTANCE FUNDING AGREEMENT CITY OF AZUSA, REDEVELOPMENT AGENCY OF THE a California municipal corporation CITY OF AZUSA a public body, corporate and politic By: F.M. Delach City Manager ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney 1-2 F.M. Delach Executive Director ATTEST: I= Agency Secretary APPROVED AS TO FORM: Agency Counsel C CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING TUESDAY, SEPTEMBER 6, 2011 — 9:47 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. ROLL CALL PRESENT: DIRECTORS: GONZALES, CARRILLO, HANKS, MACIAS, ROCHA ABSENT: DIRECTORS: NONE ALSO PRESENT: General Counsel Hull, Executive Director Delach, Assistant Executive Director Makshanoff, Department Heads, Senior Office Specialist Bautista, Deputy Secretary Toscano. Call to Order Roll Call Also Present AGENCY SCHEDULED ITEMS Agency Sched RESOLUTION APPROVING A REVISED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE. Reso EOPS A motion was taken regarding subject item which included all Directors, but it was discovered that only Rule of three of the members were able to vote due to the following: Due to the fact that the five Directors own Necessity real property within 500 feet of the boundaries of the Redevelopment Plan there was a need to invoke the Three Directors rule of necessity, which is when the participation of Directors is legally required in order to make a Selected to decision. The passage of this resolution required that three members vote on the matter which was selected Vote by a straw vote at a previous meeting. Moved by Director Hanks, seconded by Director Carrillo and unanimously carried to recall the first vote Recall first vote taken regarding this item. Director Gonzales offered a Resolution entitled: A RESOLUTION OF THE CITY OF AZUSA REDEVELOPMENT AGENCY APPROVING AND Res. I I-1135, ADOPTING A REVISED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO Enforceable AB 1X26. Obligation Payment Schedule Moved by Director Gonzales, seconded by Chairman Rocha to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency members: AYES: DIRECTORS: GONZALES, MACIAS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE ABSTAIN: DIRECTORS: CARRILLO, HANKS The proposed action will allow the Agency to continue to meet existing obligations until the California Supreme Court determines the legality of Assembly Bill IX 26 and Assembly Bill IX 27. A TERMINATION OF EXCLUSIVE NEGOTIATING AGREEMENT WITH MERCY HOUSING Termination ENA ` CALIFORNIA (ATLANTIS GARDENS). Mercy Housing Discussion was held regarding the termination of the Exclusive negotiating Agreement with Mercy Discussion Housing noting that with regard to the California Supreme Court decision to stay certain aspects of AB IX26 and AB 1X27, The Agency will not be able to proceed with the drafting of a Disposition and Development Agreement with Mercy Housing for the Atlantis Garden Project and the Agency my not extend the term of the ENA. Mr. Ben Phillips spoke on behalf of Mercy Housing California. Moved by Director Hanks, seconded by Director Gonzales and unanimously carred to direct the Executive ENA Mercy Director to issue a notice of termination pursuant to Section 27 of the Exclusive Negotiating Agreement Housing between the Agency and Mercy Housing California for the Atlantis Gardens rehabilitation project. Terminated The CONSENT CALENDAR consisting of items F -I through F-3 was approved by motion of Director Consent Cal. Macias, seconded by Director Gonzales and unanimously carried. Approved 1. Minutes of the special meeting of August W and the regular meeting of July 18, 2011, were Min appvd approved as written. 2. The Agency Treasurer's Report as of June 30, 2011 was received and filed. Treas Rpt 3. Resolution authorizing payment of warrants by the Agency was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res. 11-R36 ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT Warrants AGENCY FUNDS. It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn TIME OF ADJOURNMENT: 10:02 P.M. SECRETARY NEXT RESOLUTION NO. 11-R37 09/06/11 PAGE TWO AGENCY CONSENT ITEM TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: MARCENE HAMILTON, REDEVELOPMENT AGENCY TREASUREER DATE: September 19, 2011 >1P_(11_1 SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURER'S STATEMENT OF CASH BALANCES FOR THE MONTH OF JULY 2011 RECOMMENDATION It is recommended that the Agency Members receive and file the Agency Treasurer's Statement of Cash Balances for the Redevelopment Agency of the City of Azusa for the month of July 2011 BACKGROUND Transmitted herewith is the Agency Treasurer's Statement of Cash Balances for the Redevelopment Agency of the City of Azusa ("Agency") for the month of July 2011. Agency investments are made in accordance with the Redevelopment Agency Investment Policy approved and adopted with Resolution No. 10-R33 dated October 18, 2010, 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. Agency cash and investment balances increased by $3,349,879.59. Cash received totaled $3,349,879.59, and disbursements of $0.00 were made. The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and investments of$10,228,834.38, Wells Fargo Bank, the fiscal agent, held $6,833,645.12 on behalf of the Agency. These funds are restricted for payment of debt service on the bonds and special bond - funded projects. The remaining $3,395,189.26 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. MH:EG CITY OF AZUSA REDEVELOPMENT AGENCY TREASURY BOOK BALANCES • CASH AND INVESTMENTS JULY 2011 7 Maximum Deposits Cost Interest Mkt Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value` CASH AND INVESTMENTS HELD BY AGENCY TREASURER Wells Fargo Bank Govemmenl Checking No limit S784,928.07 FDIC up to $100,00000 Ongoing 0.000% $794,92B.07 >$100000 collatenzed by 110% in goon'[ secunlies Local Agency Investment Fund (LAIF) $20,000,000.00 2,610,261.19 Backed by faith 8 credit of the State at California Ongoing 0.381% 2.614,376.19 SUBTOTAL CASH AND INVESTMENTS HELD BY AGENCY TREASURER: $3,395,169.26 - $3,399,304.26 Interest Collections: $5,452.15 CASH AND INVESTMENTS HELD BY FISCAL AGENT 2003 Merged Protect Tax Allocation Bonds 2D03A Special Fund AIM Gov't Portfolio No limit 000 Investments in direct obligations of the U.S. Treasury Ongoing 0.000% 0.00 2003A Interest Account AIM Goat Portfolio No limit 173,689.38 Investments in direct obligations of the U.S. Treasury Ongoing 0.020% 173,689.38 2003A Principal Account AIM Gott Portfolio No limit 475,000.OD Investments in direct obligations of the U.S. Treasury Ongoing 0.020% 475,00000 2003A Reserve Account Reliance Certificate of Deposit No limit 1,085,192.59 >$100,000 collaterized by 110% in govn't securities 12/04/14 0.010% 1,085,192.59 Reliance Trust Co. Cash Equivalent Mmkt No limit 32.109.00 N/A Ongoing 0.000% 32,109.00 AIM Gov't Portfolio No limit 1,150.06 Investments in direct obligations of the U.S. Treasury Ongoing 0000% 1,150.06 2003 Merged Project Tax Allocation Bonds Subtotal: $1.767,141,03 $1,767,141.03 Interest Collections: $0.21 2005 Merged Project Tax Allocation Bonds 2005 Special Fund Wells Fargo Advantage Gov't Mmkt No limit $0.00 N/A Ongoing 0.000% $0.00 2005 Interest Account Wells Fargo Advantage Gov't Mmkt Ng limit 174,712.50 NIA Ongoing 0.010% 174,712.50 2005 Redevelopment Fund AIM Institutional Prime -Cash MgmI1MMk ND lime 0.00 NIA Ongoing 0.000% 0.00 2005 Reserve Account Reliance Certificate of Deposit No lime 869,259.17 >S100,000 wllatenzed by 110% in govn't securities 12104/14 0010% 869,259.17 Reliance Trust Co. Cash Equivalent Mmkl No limit 8.230.90 NIA Ongoing 0000% 8,230.90 2005 Merged Project Tax Allocation Bonds Subtotal: $1.052202.57 $1,052,202.57 Interest Collections: $0.07 2007A Merged Protect Tax Allocation Bonds 2007A Bond Fund Wells Fargo Advantage 1W% Treasury Mmkt No limit $0.00 NIA Ongoing 0.000% $0.00 2007A Interest Account Wells Fargo Advantage 1N% Treasury Mmkt No limit 5441,640.64 N/A Ongoing 0.010% 5447 840.64 2007A Principal Account Wells Fargo Advantage 1N% Treasury MmM No limit 5410,000.00 N/A Ongoing 0.010% $410.000.00 2DO7A Merged Project Tax Allocation Bonds Subtotal: $851.840.64 $651,840.64 Interest Collections: $0.00 2007B Meroed Protect Tax Allocation Refundinn Bonds - 2007B Bond Fund Wells Fargo Advantage 100% Treasury Mmkt No limd $0.00 N/A Ongoing 0.000% $0.00 2D07B Interest Account 7 CITY OF AZUSA REDEVELOPMENT AGENCY 9 TREASURY BOOK BALANCES - CASH AND INVESTMENTS JULY 2011 Maximum Deposits Cost Interest Mkt Bank Accounts Allowed Amount Pledged Securities Maturlty Rate Value" Wells Fargo Advantage 10% Treasury Mmkt No limit $116,201.25 N/A Ongoing 0.010% $116,201.25 20078 Principal Account Wells Fargo Advantage 100% Treasury Mmkt No limit S90.000,00 N/A Ongoing O010% $gD,000.00 2007B Reserve Fund Reliance Certificate of Deposit No limit 325,042.50 >$100.000 collalerized by 110% in goon 1 securities 12/04/14 0.010% 325,042.50 Reliance Trust Co. Cash Equivalent Mmkt No limit 3.077.79 N/A Ongoing 9 0wo% 3,077.79 20D7B Merged Project Tax Allocation Bonds Subtotal: $534,321.54 $534,321,54 Interest Collections: $0.03 20DBA Merged Project Tax Allocation Bonds 20D8A Bond Fund Wells Fargo Advantage 100% Treasury Mmkl No limit $0.00 N/A Ongoing 0600% $0.0o 20DBA Interest Account Wells Fargo Advantage 100% Treasury Mmkl No limit $248,69335 N/A Ongoing 0.010% S24B,693.75 2008A Reserve Fund Reliance Trust Co. Savings and Cert, of Deposit No limit $655,240.76 1$100,000 collalerized by 110% in govn't securities 12/19/13 2.650% 655,240.76 Reliance Trust Co. Cash Equivalent Mmkt No limit $8.667,22 N/A Ongoing 0.000% 8,667.22 2008A Redevelopment Fund Wells Fargo Advantage 100% Treasury Mmkt No limit S80.000.D0 N/A Ongoing 0.010% $80,000.00 2008A Merged Project Tax Allocation Bonds Subtotal: $992,601]3 $992,6(11.73 Interest Collections: $0.07 20088 Merged Project Tax Allocation Housing Bonds 20088 Bond Fund Wells Fargo Adva Qtage Government Mmkt No limit $0.00 N/A Ongoing 0o0D% 50.00 20088 Interest Account Wells Fargo Advantage Government Mmkt No limit S378,322.50 WA Ongoing 0.010% $378,322.50 20088 Reserve Fund Reliance Trust Co. Savings and Can. of Deposit No limit $1.043.482.50 1$100.000 collatenzed by 110% in govn't securities 1121/13 4.000% 1,043,482.50 Reliance Trust Co. Cash Equivalent Mal No limit $88,732.61 N/A Ongoing 0000% 88,732.61 20088 Low & Moderate Income Housing Fund Reliance Trust Co. Cash Equivalent Mmkt No limit 000 1$100.000 collateraed by 110% in govn'l securities Ongoing 0.000% 0.00 Wells Fargo Advantage Government Mmkl No limit $125.000.00 N/A - Ongoing 0.010% 125,000.00 2008B Merged Project Tax Allocation Bonds Subtotal: $1,635,537 61 $1.635,53T61 Interest Collections: $0.17 SUBTOTAL CASH AND INVESTMENTS HELD BY FISCAL AGENT: $6,833,645.12 $6,833,64$.12 Total- Azusa Redevelopment Agency Cash and Investments: $10,228,834.38 $10,232,949.38 Total Interest Collections: $5,452.70 Source of Market Value Information: Wells Fargo Corporate Trust, Trustee Local Agency Investment Fund JI -AIF) Wells Fargo Institutional Securities Tax Allocation Bond Data is based on Trustee -generated Statements; bond funds listed herein are restricted for payment of debt service and eligible projects and governed by strict regulations described in the Trust Indentures. 'Market Value is the current price at which a security can be traded or sold. L CITY OF AZUSA REDEVELOPMENT AGENCY AGENCY TREASURER'S STATEMENT OF CASH AND INVESTMENT COST BALANCES JULY 2011 Beginning Cash Balance (All Restricted and Unrestricted Accounts & Investments) Receipts (All Sources) Disbursements Ending Cash Balance (All Restricted and Unrestricted Accounts & Investments) $6,878,954.79 3,349,879.59 M $10,228,834.38 Marcene Hamilton, Agency Treasurer r, AZUSA REDEVELOPMENT AGENCY TREASURER -HELD ACCOUNTS JULY 2011 BAL @ 7/1/11 RECEIPTS WELLS FARGO GOVT CHKG SECURITIES LAIF TOTAL 151,655.48 2,604,809.04 2,756,464.52 DEPOSITS 633,272.59 633,272.59 INTEREST 5,452.15 5,452.15 IN TRANSIT 0.00 TREASURER'S ADJUSTMENTS 0.00 TOTAL RECEIPTS 633,272.59 0.00 5,452.15 638,724.74 CASH DISBURSEMENTS 0.00 REIMBURSE CITY 0.00 OTHER DISBURSEMENTS 0.00 TOTAL DISBURSEMENTS 0.00 0.00 0.00 0.00 OPER INCREASE/(DECREASE) 633,272.59 0.00 5,452.15 638,724.74 TRANSFERS: CHECKING TRANSFERS 0.00 SAVINGS TRANSFERS 0.00 LAIF TRANSFERS 0.00 B of A C.D. 0.00 LA COUNTY TRANSFERS 0.00 REHAB CKG TRANSFERS 0.00 TOTAL TRANSFERS 0.00 0.00 0.00 0.00 BAL @ 7/31/11 784,928.07 0.00 2,610,261.19 3,395,189.26 3,395,189.26 WARRANT REGISTER NO. 20 WARRANTS DATED 7/16/11 THROUGH 8/15/11 FOR REDEVELOPMENT AGENCY MEETING OF 9/19/11 RESOLUTION NO. FISC 010-11 r � A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS THE REDEVELOPME14T AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION]. That the following claims and demands have been audited as required bylaw and that the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as hereinafter set forth: 80-1 10 -REDEVELOPMENT ADMINISTRATION FUND 80 -125 -CBD CAPITAL PROJECTS FUND 80 -135 -WED CAPITAL PROJECTS FUND 80 -185 -RANCH CAPITAL PROJECTS FUND 80-165-624-2008A TAX ALLOCATION BONDS 81 -155 -TAX INCREMENT SET-ASIDE FUND 81 -165 -LM MRG TAB08B HS 82 -125 -CBD DEBT SERVICE FUND 82 -135 -WED DEBT SERVICE FUND 82 -165 -MERGED PROJECT TAX ALLOCATION BONDS 82 -185 -RANCH CENTER DEBT SERVICE FUND $ 57.402.60 20,769.03 230,000.00 2,661,988.19 TOTAL ALL FUNDS: $ 3,018.426.62 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 2011. Chairman I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting there of, held on the day of 2011. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary City of Azusa HP 9000 09/13/11 O P E N H O L D , SEP 13, 2011, 10:15 AM ---req: RUHY------- leg: C3, JL--- loc: D B LISTING By Person/Fhtity Nave BI-=---job: 841155 #J489----pgn: C14400 <1.34> rpt Pace 1 id: QffLTR02 SECEXT FLNJ Oodes: 80-82 ; Check Issue Cates: 071611-081511 PE ID PE Nine ACPrCNI' NIS / JCP NUvE R Irwoioe Mffber De_c pticn St Disc. Ant. Dist. Ant. V05613 A T & T 8010110000-6915 6263345464062411 626-3345464 FD 0.00 8.56 PEID tfina;d: 0.00 Paid: 8.56 Tbtal: 8.56 V01545 ALFA 8000000000-3020 2615/1101016 PY#16/11 PD 0.00 3.60 PEID Urard: 0.00 Paid: 3.60 Tbtal: 3.60 V11440 AWN= GRCUP, 8000000000-2724 66768 F= A= FEES/ PD 0.00 1.65 PEID mrd: 0.00 Paid: 1.65 Tbtal: 1.65 V00363 AZLFA CHAMBER OF 8010110000-6601 1230 CIPPEER DIRFI= PD 0.00 775.00 PEIDUlz:aid: 0.00 Paid: 775.00 Total: 775.00 V01305 V01305 AZUSA CTIY EMRLD 8000000000-3035 AZLFA CLTi' IInD1O 8000000000-3035 081011 072711 PR16/11 PD 0.00 PR15/11 PD 0.00 350.00 350.00 PEID d: 0.00 d: 700.00 Total: 700.00 V10604 AZLUA MI= ISN 8000000000-3020 2618/1101016 PY#16/11 FD 0.00 35.00 PEID Lh%id: 0.00 Paid: 35.00 Total: 35.00 V07432 RVR & CLARK INC 8010125000-6815 30845 INSPEr/17511E AR PD 0.00 1,900.00 PEIDskid: 0.00 Paid: Total: 1,900.00 1,900.00 !Y Ci- of Azusa HP 9000 09/13/11 O P E N H O L D D B LISTING Paqe TUE SEP 13, 2011, 10:15 AM ---req: RUBY -------leg: GL JL --- loc: BI-TE�3--- jcb: 841155 ##J489-= -pgn �00 <11.344 rpt id: CHFMR02 SII.EST RM Coles: 80-82 ; Check Issue Kites: 071611-081511 PE ID PE Nacre A=NT MMM / JC6 N(MKR Invoice NLrrbRr Ias=pticn St Disc. Ate. Dist. Ant. V05804 BEST BEST & KRIS 8010110000-6301 V05804 FEST BEET & KRIE 8010125000-6301/505900-6301 •) 0.00 V05804 BEST EEST & KRIE 8110155000-6301%505320-6301 V05804 EMT BEST & KRIE 8010125000-6301/505900-6301 V05804 EEST = & KRIS 8010125000-6301/505800-6301 V05804 BEET EEST & KRIE 8010125000-6301/505900-6301 V05804 BEET BEST & KRIE 8010125000-6301/505800-6301 V05804 BEST BEST & KRIE 8010110000-6301 V05804 BEST BEST & KRIE 8010110000-6301 V05804 BEST PEST & KRIE 8010125000-6301/505900-6301 V05804 BEET BEST & KRIE 8010125000-6301/504700-6301 01,0101:3rrrrrrr WI00a,CWIC Ta r,�fLTiTi[LTii[iTiIiTiS:i�tTi 655417 655418 653218 655415 653220 P.411.4% •D 0.00 D 0.00 •) 0.00 D 0.00 LDD 0.00 D 0.00 D 0.00 D 0.00 •1 0.00 D 0.00 D 0.00 •D 0.00 rmu 357.00 1,781.93 2,278.03 6,195.00 812.37 2,142.00 4,599.00 5,271.00 4,928.79 4,410.00 693.00 294.00 0.00 33,762.12 33,762.12 3,820.00 0.00 3,820.00 3,820.00 125.08 306.90 586.83 267.00 0.00 1,285.81 1,285.81 353.25 0.00 353.25 353.25 31.70 0.00 PESPaidd: : Total: V06783 CITISI= 8000000000-3010 2315/1101015 PY 15/11 PD 0.00 V06783 CTTISIREET 8000000000-3010 2315/1101016 PY 16/11 FD 0.00 V06783 CTTISIl= 8000000000-3010 2310/1101016 PY 16/11 FD 0.00 V06783. CITISIREET 8000000000-3010 1310/1101016 PY 16/11 FD 0.00 PEID LbmV; Paid: Tbtal: V11556 EMM DENIAL 8000000000-3052 071911 PRO PREM JULY201 PD 0.00 PSID Lhroaid: Paid: Tbtal: V11555 IMTACAPE U&h 8000000000-3052 4174966 IPD PREM JLLY201 PD 0.00 PEID Upaid: 357.00 1,781.93 2,278.03 6,195.00 812.37 2,142.00 4,599.00 5,271.00 4,928.79 4,410.00 693.00 294.00 0.00 33,762.12 33,762.12 3,820.00 0.00 3,820.00 3,820.00 125.08 306.90 586.83 267.00 0.00 1,285.81 1,285.81 353.25 0.00 353.25 353.25 31.70 0.00 City of Azusa HP 9000 09/13/11 O P E N HOLD TUE, SEP 13, 2011, 10:15 AM ---req: RUBY -------leg: G, JL --- loc: SELECT FUD C -'des: 80-82 ; Check Issue Dates: 071611-081511 PE ID PE Narre AC1= N vMR / JOB N AEER D B LISTING BI -TECH ---job: 841155 #J489-= -pgn �00 <11.344 rpt Invoice N Ther Description St Disc. Ant. p� id: CHFLTR02 Dist. Amt. Paid: 31.70 Total: 31.70 V07721 V07721 EERvI\D MkZ= 8010125000-6345 DE34 hID M9RC= 8010125000-6345 297270 297428 AZUSA FASHICN&SP PD 0.00 AZtSA FAST-IICN&SP FD 0.00 408.75 5,611.25 PEIDL�� d: 0.00 Paid: 6,020.00 Total: 6,020.00 V00331 FEEERAL EXPRESS 8010125000-6625 757093017 117052788/M.Q-AR FD 0.00 23.81 PEID lutid: 0.00 Paid: 23.81 Total: 23.81 V06325 Ev= SCIRCES 8010125000-6815 17155 ATZANPIS CARD SP PD 0.00 2,060.00 PEIDd: 0.00 Paid: Total: 2,060.00 2,060.00 V05574 IlY1V MINPAIN RE 8010110000-6493 aM0945DIN0952 LLNf0945-aM952 PD 0.00 142.87 PEID Lh¢id0.00 Paid:142.87 Total: 142.87 V96319 LAURAIN & AS= 8110155000-6815 8617 17511-17525E ARR PD 0.00 3,800.00 PEID d: 0.00 d: 3,800.00 Tbtal: 31800.00 V03854 V03854 V03854 LOS A X]= OaN 8010125000-7015 LCIS AN;ECES CLAN 8010125000-7015 LCB AN= CUN 8010125000-7015 9840074 9840213 9840022 10/9840074/630SA PD 0.00 10/9840213/630SA FD 0.00 10/9840022/630SP, FD 0.00 931.57 1,079.90 183.26 PEIDU� d: 0.00 Paid: Tbtal: 2,194.73 2,194.73 City of Azusa HP 9000 09/13/11 O P E N H 0 L D D B L I S T I N -G By Persai/Entity Nam Page 4 SEP 13, 2011, 10:15 AM --- "eq: RUBY -------leg: C3, JL --- loc: BI -TECH ---job: 841155 W489 ---- pgn: CH400 <1.34> zpt id: CHMIR02 SE= FU\D Cb�]es: 80-82 ; CheCk Issue Dates: 071611-081511 PE ID PE Name ADC.iNI NUvEER / JOB NUvEER Invoice IuTber V13170 Mh ASSOZMIES I 8110155000-6399 107737 V10322 M & T BN\K 8000000000-3010 V10322 M & T BANK 8000000000-3010 V00540 OFFICE DEFOr IIS.' 8010110000-6530 V00540 OFFICE DEFCT INC 8110155000-6625 V00540 OFFICE DEPOT IIS 8010110000-6530 V00540 OFFICE DEFOr INC 8110155000-6625 V01440 O<IERIPDID PACIFIC 8010125000-6345 V03157 SCS EDUI ffi 8010125000-6399 V12457 SEb= PEITY CPB 8010110000-6563 V12457 SEFFER P= CAS 8010110000-6530 V12457 SEFFER PErIY CDS 8010110000-6399 V12457 SEEFER P= CAS 8010110000-6235 072011 080211 570524461001 570524461001 570524461001 570524461001 1011196 0172811 062811 062811 062811 062811 Da-=pticn St Disc. Ant. Dist. Pint. II�TAL SV PD 0.00 7,441.15 PEID�d: 0.00 Paid: 7,441.15 Total: 7,441.15 IOVA 457 EEFEWE PD 0.00 IOvA457 DEFERRED PD 0.00 822.80 539.02 PEIDd: 0.00 Paid: Total: 1,361.82 1,361.82 976336 OFFICE DE PD 0.00 470187 AVEW CCE PD 0.00 470187 AVERY 81A PD 0.00 450755 HP 901 TR PD 0.00 13.51 18.69 18.69 55.40 PEID iIl id: 0.00 Paid: Total: 106.29 106.29 PRMIDE RELQ= PD 0.00 1,100.00 PEID UW: 0.00 Paid: Total: 1,100.00 1,100.00 PROF SOLS ARROW/ PD 0.00 3,200.00 PEID Uim d: 0.00 Paid: Tbtal: 3,200.00 31200.00 Sfflies/Special PD 0.00 29.05 ice Supplies PD 0.00 Professional Ser PD 0.00 Matings & Cafe PD 0.00 19.39 53.15 37.64 PEIDd: 0.00 d: 139.23 Tbtal: 139.23 Vl Ci of Azusa HP 9000 09/13/11 O P E N H 0 L D D B LISTING By Peis Ehtity Nam Page 5 SEP 13, 2011, 10:15 PM ---req: RUBY -------leg: M JLr--loc: BI -TEM ---job: 841155 #J489----pgn: CFf400 <1.34> rpt id: CHFMR02 SE[FxP FUND CbJes: 80-82 ; Check Issue Dates: 071611-081511 PE ID PE Natre AOJ= MJVEER / JCB NUMBER Invoice Mid= Des=pticn St Disc. Art. Dist. Ant. 11.1 1.1 V10053 V06107 kI/Pdir1:: V10166 V10166 V11824 V11824 V11824 V11824 V11824 V11824 V11824 V11824 V11824 CV• It• 11 1 � I•• :111111111 1•• 9Y_�I�! �/ 191: 1� :111111111 N I� • 91 1 Y ie' :111111111 125, U.S. RPM CORP P 8010110000-6530 LNICN EANK OF CA 8000000000-2727 LNICN PAW OF CA 8000000000-2727 LNICN EK%II{ OF CA 8000000000-2727 071911D DISAB PREM JMY2 PD 0.00 071911 LIFE PREM JMY20 PD 0.00 PEID a Total: 1221/1101016 PY#16/11 PD 0.00 PEiID Via: Total: 080411 4 CASES KkTFR/4 PD 0.00 PM) Via: Tbtal: 080211 PARS -EXCESS EENE PD 0.00 PEID d: d: Total: 080311 BARSAINRN3 LNIT: PD 0.00 080311 BA� LNTT: PD 0.00 PESd: d: gbtal : 0711014 NENIH YRET. 071 PD 0.00 0711014 NIIn=gMY RET. 071 PD 0.00 0711014 M2M-LY RET. 71 PD 0.00 0711014 MMiLY REP. 71 PD 0.00 0711014 ML fl ,Y RET. 71 PD 0.00 0611013 NrNIIiLY R 'M.; PD 0.00 0611013 M=Y R MNR. PD 0.00 0711013 PRD.M S FM JCN PD 0.00 0711013 PRO.= FCR JUST PD 0.00 425.94 143.42 0.00 569.36 569.36 WfSMU 0.00 72.35 72.35 44.36 0.00 44.36 44.36 70hw1rl 0.00 521.06 521.06 15,158.00 852.75 0.00 16,010.75 16,010.75 392.30 2,550.00 1,608.46 313.84 5,335.40 666.92 4,982.29 4,241.25 2,913.75 City of Azusa HP 9000 09/13/11 O P E N H O L D D B L I S T I N G// Page =,SEP 13, 2011, 10:15 AM ---req: RUBY -------leg: M JL --- loc: BI-= --- jcb: 841155 #J489- By--- CFAOO <1.34> rpt id: CHFLZR02 SEAT FU•D Owes: 80-82 ; Check Issue Dates: 071611-081511 u - • Baa r!r a- r+a• ..- .- a- � . a a V11824 URBAN FUI RES IN 8010125000-6345/505900-6345 0.00 0611012 PRDF.FEE NAY 201 FD 0.00 3,813.75 V11824 URBAN FU= IN 8010125000-6345/505800-6345 6261975078062811 6268150706061611 6268150706071611 0611013 M1gMY REM .# FD 0.00 313.84 V11824 URBAN FUIURES IN 8010110000-6345 PPaaiid: 0611012 PROF.FEE NAY Mi FD 0.00 7,188.75 V11824 URBAN FUIURES IN 8010110000-6345 0611013 NLNIIiLY REIAR.;# PD 0.00 3,452.34 V11824 AN URBFUIURES IN 8010110000-6345/504700-6345 102.73 0611013 M 41my REINt.;# FD 0.00 784.61 ♦o$ m V02752, V02752 V02752 V02752 V02752 V02752 V02752 V02752 V02752 V02752 V02752 V02752 V02752 V02752 V02752 VERIZCN 8010110000-6915 VFRIZCN 8010125000-6915 VFRIZCN 8010125000-6915 PEID Ind: 0.00 Paid: 38,557.50 T-tal: 38,557.50 6261975078062811 6268150706061611 6268150706071611 626-1975078 PD 0.00 626-8150706/FWY FD 0.00 626-8150706/FWY FD 0.00 19.90 135.81 138.02 PEID Ui�id: 0.00 PPaaiid: 293.73 Total: 293.73 0989185812 0989197342 0989185812 PD 0.00 0989197342 FD 0.00 92.73 10.00 MID Ulm, 0.00 Paid: 102.73 Total: 102.73 17301600 23321700 23321700 22430100 22430100 17301600 22430300 22430100 070511 070511 070511 070511 070511 070511 072011 2005 TAB DS-C2D PD 0.00 2008A TAB DS -COB FD 0.00 2008A TAB LS -M PD 0.00 2007B TAB D6-L/M PD 0.00 2007B TAB DS- PD 0.00 2005 TAB DS -WED ED 0.00 2007A TAB DS -CED PD 0.00 2007A TAB DS -DED PD 0.00 2003 TAB-L/NTA P PD 0.00 2003 APFA CITY C AD 0.00 2003 APFA CITY C FD 0.00 2003 TAB -[gyp RM PD 0.00 2003 TAB -L/® P FD 0.00 2003 APFA = C PD 0.00 2008B TAB DS-L/M FD 0.00 83,182.02 159,950.59 159,950.58 79,484.60 123,607.22 83,182.02 425,919.74 425,919.73 179,448.27 65,662.51 -65,662.51 217,205.81 252,034.16 230,000.00 472,103.45 PEID Up id: 0.00 City of Azusa HP 9000 09/13/11 O P E N H 0 L D D B LISTING By Pes=/F7rtity Narre Page 7 TW SEP 13, 2011, 10:15 PM ---req: FU7SY ------- leg: GL JL --- loc: BI-TH7_H---jcb: 841155 W489 ---- pgn: CFAOO <1.34> zpt id: CHFL 02 SELECT FUND (odes: 80-82 ; Cock Issue Dates: 071611-081511 PE ID PE Nsre )SNP NU R / JOB NUvEER Invoice Nurbar D s=pticn St Disc. Part. Dist. AYrt. GRAND TOTAL EMS t� d: 0.00 Paid: 3018,426.62 Thtal: 3018,426.62