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HomeMy WebLinkAboutAgenda Packet - February 22, 2011 CC re ay. t�n � d r s 'L^"'s , .5. „gk� +i -}`n e�,rr`; 'V4.44,4 i * • r��e, ` * ''-”' ,¢ </FORS''` 1 . gA ZUSA AGENDA REGULAR MEETING OF THE CITY COUNCIL,AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM TUESDAY, FEBRUARY 22, 2011 213 EAST FOOTHILL BOULEVARD 7:30 P.M. AZUSA CITY COUNCIL JOSEPH R. ROCHA MAYOR KEITH HANKS ANGEL CARRILLO COUNCILMEMBER COUNCILMEMBER URIEL E. MACIAS ROBERT GONZALES COUNCILMEMBER MAYOR PRO-TEM NOTICE TO THE PUBLIC Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection at the City Library. Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a card requesting to speak and shall submit it to the City Clerk prior to the start of the City Council meeting. When called, each person may address any item on or off the agenda during the public participation. REGULAR MEETING OF THE CITY COUNCIL. 1. Call to Order 2. Pledge to the Flag 3. Invocation—Reverend LeRoy of the First Assembly of God Church 02/22/11 - 1 - A. PUBLIC PARTICIPATION (Person/Group shall be allowed to speak without interruption up to five(5)minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes time.) B. REPORTS, UPDATES,AND ANNOUNCEMENTS FROM STAFF/COUNCIL 1. Mayor Rocha— a. Mr. Charles D. Olsen,Citrus College Student Veterans Ambassador to provide a general report to the public. b. Request for proclamation for Daniel Battles for attaining Eagle Scout status. 2. Councilmember Macias—Request for donation to Fire Station 32, Explorer Post 16. C. SCHEDULED ITEM 1. LOS ANGELES COUNTY FIRE DEPARTMENT WEED ABATEMENT PROTEST HEARING RECOMMENDED ACTION: a. Conduct an informal protest hearing and refer any property owners with objections to the Los Angeles County Fire Department Brush Clearance Office for consideration. b. Approve the motion and abatement order directing abatement of the nuisance by removing all weeds and rubbish from the affected improved parcels. 2. CONSIDERATION OF BUDGET APPROPRIATION FOR HOMELESS VOUCHER PROGRAM. RECOMMENDED ACTION: Consider the Mayor's request for additional funds for the Homeless Voucher Program, necessitating a budget appropriation of$2,500 to $5,000 in General Fund revenue resources. 3. REPAYMENT OF OUTSTANDING INDEBTEDNESS OWED TO THE CITY BY THE AZUSA REDEVELOPMENT AGENCY RECOMMENDED ACTION: Approve three resolutions numbered 11-C12, 11-C13, & 11-C14, calling for the immediate repayment of outstanding indebtedness owed to the City by the Redevelopment Agency. 02/22/11 - 2 - • 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 FEBRUARY 7, 2011 AND THE SPECIAL MEETING OF JANUARY 31, 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. PURCHASE OF 2,450 CIRCUIT FEET OF 500 MCM PRIMARY COPPER CABLE. RECOMMENDED ACTION: Waive the formal sealed bid process,and approve the issuance of a Purchase Order to HD Supply of Santa Fe Springs, CA, in an amount not to exceed $111,562 for the above referenced cable. 4. CIP PROJECT NO. 66110G: NOTICE OF COMPLETION FOR TARGET INTERSECTIONS IMPROVEMENTS PROJECT. 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: Target Intersections Improvements Project No.66110G— $366,392.27—CT&F Incorporated, Bell Gardens, CA 90201. 5. A RESOLUTION SUPPORTING THE STATE ROUTE 57/STATE ROUTE 60 MIXED FLOW INTERCHANGE IMPROVEMENTS. RECOMMENDED ACTION Adopt Resolution No. 11-C15, supporting the State Route 57/State Route 60 mixed flow interchange improvements as identified in the Los Angeles County METRO 2008 Long Range Transportation Plan and in the Southern California Association of Governments 2008 Regional Transportation Plan. 6. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY. RECOMMENDED ACTION: Adopt Resolution No. 11-C16. 02/22/11 - 3 - CONVENE JOINTLY WITH THE REDEVELOPMENT AGENCY TO DISCUSS THE FOLLOWING: E. JOINT CITY AND AGENCY ITEM 1. LOAN AGREEMENT AND BUDGET AMENDMENT FOR SUPPLEMENTAL EDUCATIONAL REVENUE AUGMENTATION FUND (SERAF) PAYMENT. RECOMMENDED ACTION: 1) Adopt the resolutions approving the agreement with the City to loan funds to the Agency to pay the Supplemental Education Revenue Augmentation Fund (SERAF) obligation; 2) adopt the resolutions approving the budget amendment of$512,545;and 3)authorize execution of the necessary documents by the City Manager/Executive Director. a. Waive further reading and adopt Resolution No. 11-R6,of the Redevelopment Agency requesting a Loan from the City of Azusa for Purposes of the Merged and Ranch Center Redevelopment Project Areas, with Attached Loan Agreement Between the Redevelopment Agency and the City of Azusa. b. Waive further reading and adopt Resolution No. 11-C17, of the City Council authorizing Loans for Purposes of the Merged and Ranch Center Redevelopment Project Areas. c. Waive further reading and adopt Resolution No. 11-C18, of the City Council approving Appropriation Amendments for Fiscal Year 2010/11 Pursuant to Section 2-450 of the Azusa Municipal Code. d. Waive further reading and adopt Resolution No. 11-R7, of the Redevelopment Agency approving Appropriation Amendments for Fiscal Year 2010/11 Pursuant to Section 2-450 of the Azusa Municipal Code. CITY COUNCIL TO RECESS AND AZUSA REDEVELOPMENT AGENCY TO CONTINUE: F. AGENCY SCHEDULED ITEMS None. G. AGENCY CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Boardmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 7, 2011. RECOMMENDED ACTION: Approve Minutes as written. 02/22/11 - 4 - • 2. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE AGENCY. RECOMMENDED ACTION: Adopt Resolution No. 11-R8. ADJOURN AS THE REDEVELOPMENT AGENCY AND RECONVENE AS THE CITY COUNCIL H. ORDINANCES/SPECIAL RESOLUTIONS 1. ADOPTION OF AN ORDINANCE CONCERNING THE REGULATION OF ICE CREAM VEHICLE VENDORS. RECOMMENDED ACTION: Waive further reading and adopt Ordinance No. 11-02,which regulates the operation of Ice Cream Vehicle Vendors within the City of Azusa on public and private roads. I. ADJOURNMENT 1. Adjourn. UPCOMING MEETINGS: March 7, 2011, City Council Meeting—6:30 p.m. Azusa Auditorium. March 21, 2011, City Council Meeting—6:30 p.m. Azusa Auditorium. April 4, 2011, City Council Meeting—6:30 p.m. Azusa Auditorium April 18, 2011, City Council Meeting—6:30 p.m. Azusa Auditorium 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- 729 N Dalton Avenue, and Azusa Police Department Lobby- 725 N Alameda,Azusa, California. In compliance with the Americans with Disabilities Act,ifyou need special assistance to participate in a city meeting,please contact the City Clerk at 626-812-5229. Notification three(3)working days prior to the meeting when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. 02/22/11 - 5 - or'i, AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KURT CHRISTIANSEN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, CITY MANAGER AAO DATE: FEBRUARY 22, 2011 SUBJECT: LOS ANGELES COUNTY FIRE DEPARTMENT WEED ABATEMENT PROTEST HEARING RECOMMENDATION It is recommended that the City Council: 1. Conduct an informal protest hearing and refer any property owners with objections to the Los Angeles County Fire Department Brush Clearance Office for consideration. 2.Approve the motion and abatement order directing abatement of the nuisance by removing all weeds, and rubbish from the affected improved parcels. BACKGROUND On February 7,2011,the City Council adopted Resolution No. 11-8 declaring certain improved land parcels within the City a public nuisance due to recurring weed growth and/or the presence of rubbish. Pursuant to the Resolution,a protest hearing is required to afford affected property owners an opportunity to voice their objections. The owners of all affected parcels have been notified by the Los Angeles County Fire Department of the date and time for the protest hearing. This process is a ministerial duty by the City Council and is required under provisions of state and local laws. Staff has attached copies of the Resolution adopted February 2, 2009, for Council review. FISCAL IMPACT The costs of weed abatement services are part of the City's contractual costs with the Consolidated Fire Protection District.In the event abatement work occurs on privately owned properties,the costs are recovered through the Los Angeles County Board of Supervisors.There are no added direct costs or additional fiscal impacts to the city for this service. Attachment: Resolution and Exhibit EXHIBIT 1 DESCRIPTION OF PROPERTIES In accordance with Part 5, Division 12 of the California Health and Safety Code (commencing with Section 14875), the Real Property, upon which a public nuisance exists, are hereby described in the attached Declaration List of Properties. LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE 1 DATE 11 16 10 IN SEQ BY WEED-KEY, THEN PARCEL FD IMPROVED ZONE CITY CODE STREET ADDRESS PARCEL NO. KEY 06 050 541 CANYON HEIGHTS DR 8608 006 036 4 C 06 050 543 CANYON HEIGHTS DR 8608 006 042 6 C 06 050 563 E SIERRA MADRE AVE 8625 006 006 9 0 06 050 579 E SIERRA MADRE AVE 8625 006 007 8 C 06 050 595 E SIERRA MADRE AVE 8625 006 008 7 C 06 050 611 E SIERRA MADRE AVE 8625 006 009 6 C 06 050 627 E SIERRA MADRE AVE 8625 006 010 3 C 06 050 4001 FISH CANYON RD 8684 008 014 3 C 06 050 1455 N HILLTOP DR 8684 020 001 3 C 06 050 1465 N HILLTOP DR 8684 020 013 9 C 06 050 1469 N HILLTOP DR 8684 020 014 8 C 06 050 1471 N HILLTOP DR 8684 020 016 6 C 06 050 1510 N SAN GABRIEL CANYON RD 8684 020 022 8 C 06 050 1500 N SAN GABRIEL CANYON RD 8684 020 023 7 C 06 050 1569 N VIEWCREST DR 8684 021 010 0 C 06 050 1561 N VIEWCREST DR 8684 021 011 9 C 06 050 1557 N VIEWCREST DR 8684 021 012 8 C 06 050 1539 N VIEWCREST DR 8684 021 014 6 C 06 050 1533 N VIEWCREST DR 8684 021 015 5 C 06 050 1790 SAN GABRIEL CANYON RD 8684 023 013 3 C 06 050 1728 RANCH RD 8684 023 014 2 C 06 050 1724 RANCH RD 8684 023 015 1 C 06 050 1720 SAN GABRIEL CANYON RD 8684 023 016 0 C 06 050 1830 N RANCH RD 8684 023 017 9 C 06 050 2350 N SAN GABRIEL CANYON RD 8684 027 004 5 C 06 050 1460 N HILLTOP DR 8684 034 006 9 C 06 050 210 E VIEWCREST DR 8684 034 010 3 C 06 050 230 E VIEWCREST DR 8684 034 011 2 C 06 050 250 E VIEWCREST DR 8684 034 012 1 C 06 050 280 E VIEWCREST DR 8684 034 013 0 C 06 050 1481 N VISTA DEL CIR 8684 034 014 9 C 06 050 1450 N VISTA DEL CIR 8684 034 015 8 C 06 050 1433 N NOBHILL DR 8684 034 020 1 C 06 050 1415 N NOBHILL DR 8684 034 021 0 C 06 050 285 E SIERRA MADRE AVE 8684 034 027 4 C 06 050 295 E SIERRA MADRE AVE 8684 034 028 3 C 06 050 213 E SIERRA MADRE AVE 8684 034 034 5 C 06 050 389 E SIERRA MADRE AVE 8684 035 011 9 C 06 050 333 E CLEARHAVEN DR 8684 036 018 0 C 06 050 325 E CLEARHAVEN DR 8684 036 019 9 C 06 050 311 E CLEARHAVEN DR 8684 036 020 6 C 06 050 303 E CLEARHAVEN DR 8684 036 021 5 C 06 050 1589 N HILLTOP DR 8684 036 022 4 C 06 050 1599 N VIEWCREST DR 8684 036 023 3 C 06 050 1587 N VIEWCREST DR 8684 036 024 2 C 06 050 1575 N VIEWCREST DR 8684 036 025 1 C 06 050 1555 N HILLTOP DR 8684 036 034 0 C LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE 2 DATE 11 16 10 IN SEQ BY WEED-KEY, THEN PARCEL FD IMPROVED ZONE CITY CODE STREET ADDRESS PARCEL NO. KEY 06 050 1543 N HILLTOP DR 8684 036 035 9 C 06 050 1537 N HILLTOP DR 8684 036 036 8 C 06 050 1531 N HILLTOP DR 8684 036 037 7 C 06 050 1564 N HILLTOP DR 8684 036 047 5 C LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE 3 DATE 11 16 10 IN SEQ BY WEED-KEY , THEN PARCEL FD IMPROVED ZONE CITY CODE STREET ADDRESS PARCEL NO. KEY WEED KEY C TOTAL IMPROVED/VACANT RECORDS 0 WEED KEY C TOTAL IMPROVED RECORDS 51 WEED KEY C TOTAL RECORDS 51 EXHIBIT 2 NOTICE TO DESTROY HAZARDOUS BRUSH, DRY GRASS, WEEDS, COMBUSTIBLE GROWTH OR FLAMMABLE VEGETATION, TO INCLUDE NATIVE AND ORNAMENTAL VEGETATION NOTICE IS HEREBY GIVEN THAT ON the 7th of February, 2011 the City Council of Azusa passed or will pass a resolution declaring that hazardous brush, dry grass, weeds, combustible growth or flammable vegetation, to include native and ornamental vegetation, were growing upon certain improved property as specifically described by parcel number in the resolution, to constitute public nuisances which, after inspection by the County of Los Angeles Fire Department have been verified to be existing public nuisances and in violation of the County of Los Angeles Fire Code (the "Fire Code") pertaining to clearance of brush and vegetative growth. This brush and vegetative growth must be removed and the public nuisance abated by the owner, or the County authorities will abate the public nuisance and the cost of removal assessed upon the parcel, and such cost will constitute a lien upon the parcel until paid. The City Council of the City of Azusa also authorized and directed the County of Los Angeles Fire Department and the Agricultural Commissioner to recover their costs related to the enforcement of the Fire Code. Reference is made to said resolution for additional details. All Parcel owners having any objection to the proposed removal of brush, dry grass, weeds, combustible growth or flammable vegetation, to include native and ornamental vegetation, are hereby notified that they may attend a meeting of the City Council of the City of Azusa to be held in the Council Chamber of said city at 7:30 p.m. on February 22, 2010. If the property owner does not want to present objections to the proposed removal of hazardous brush, dry grass, weeds, combustible growth or flammable vegetation, to include native and ornamental vegetation, or the recovery of enforcement and abatement costs, he/she need not appear at the above-mentioned meeting(s). City Clerk of the City of Azusa Dear improved Property Owner: NOTICE TO DESTROY'HAZARDOUS BRUSH,DRY GRASS,tiirEEDS, This is not a citation or summons.This is the first notice of inspection COMBUSTIBLE GROY+WFH OR FLAMMABLE VEGETATION TO and a reminder that the County of Los Angeles Fire Department will be INCLUDE NATIVES AND ORNAMENTALS conducting annual brush clearance inspections within the next few NOTICE IS HEREBY GIVEN THAT ON FEBRUARY months,or fuel modification inspections throughout the year. 7, 2011, THE CITY COUNCIL OF THE CITY The County Fire Code states that parcel owners are responsible OF AZUSA throughout the year for the maintenance of all brush, flammable Passed or will pass a resolution declaring that hazardous brush,dry grass,weeds.combustible growth vegetation (native and/or ornamental), other combustible materials or flammable vegetation to include native and ornamental vegelalion where growing upon or it front of said improved property as specifically deserted by parcel number it the resolution,to be a potential situated on their property, and for compliance with any applicable fuel lire hazard or nuisance which,upon inspection by the County of Los Angeles Fie Department is modification plan. verified to be an existing hazard or nuisance and violation of the County Fie Code pertaining to General clearing requirements are listed on the reverse side of this clearance of brush and vegetative growth, must be removed and the nuisance abated by the COUNTY OF LOS ANGELES FIRE DEPARTMENT Agricultural Commissioner and the cost of removal assessed upon the land. In addition,the Board PREVENTION BUREAU notice. Please review these clearing requirements and take appropriate of Supervisors authorized and directed the County of Los Angeles Fite Department and BRUSH CLEARANCE UNIT action prior to the annual inspection date for your area Abatement of the Agricultural Commissioner to recover their costs related to the enforcement of the the code. All potential or existing hazards prior to the inspection saves the Fire property owners having objection to the removal of brush,dry grass,weeds,combustible growth 605 N.ANGELENO AVENUE Department and yourself valuable money and time and insures a safer or flammable vegetation including natives and ornamentals are hereby notified that they AZUSA,CA 91702-2904 community, may attend a brush clearance referee hearing (1) in the Antelope Valley at the Los (626)969.2375 ANGELES COUNTY ADMINISTRATIVE BLDG., 335 A EAST AVE. K-10, LANCASTER, CA Brush Clearance inspections are scheduled to begin April 1 In the 93535,ON THURSDAY,FEBRUARY 24,2011 AT 9:30 A.M. or (2) Antelope Valley, June 1 in the Coastal Area, and May 1 in all other CITY COUNCIL OF SAID CITY TO BE HELD AT areas.If hazardous fire conditions exist on your property at the time of 213 E. FOOTHILL BLVD., AZUSA, CA inspection, you will be issued an Official Inspection Report which will 91702, IN THE COUNCIL CHAMBERS ON indicate existing violations and provide specific dearing instructions and FEBRUARY 22, 2011 AT 7:30 P.M. r; a compliance deadline. II s ° eA iW_' when their obieclions will be heard and given due consideration. It the properly owner does not want Failure to comply with the Official Inspection Report issued at the time of N the inspection will result In the imposition of a$500 administrative fine. E 2011 In present objections to the proposed removal of hazardous brush,dry grass,weeds,combustible �C growth or flammable vegetation,Of the reoavery of enhxtannenl arid abatement costs,he/she need An additional$648 direct assessment will be added to your annual tax bill not appear at the above mentioned meeting(s). as item CO FIRE ABMT ENF to recover the County of Los Angeles Fire Department costs related to the'enforcement of the Fire Code. ,ay x -ra vs Additionally, if your parcel is inspected or cleared by the Agricultural T t, 3 '. r it ftt 1. P.s u . ' a iuw'�_ C. TOSCANK Commissioner,an inspection fee of$45.43 and the clearing costs will be L> r�r. F . ,y s .. placed on your annual tax bill as item LA CO HAZ ABATE. PPO PER`YDESCRIPTION ESc T o--•—r" -- CITY CLERK PROPERTY DESCRIPTION In most cases,it is more cost effective to do the work yourself or to hire a vendor to do the work.A vendor list is available at your local jurisdictional fire station. For additional information regarding specific clearing requirements, contact your local jurisdictional fire station or the Brush Clearance Unit at SEQNM 1601 (626) 969-2375. Lir+t.tJrl t�1—tt4rZHfVlot ritt.4UEt'itNttN I.S' Thousands of homes are in serious danger of destruction by fire because of their proximity to brush-covered areas.Homes with wood shake roofs,wood siding,decks,patio covers or exposed eaves are particularly vulnerable to the spread of fire. Despite efforts by firefighters,wildland fires fanned by strong winds, can destroy homes. It is your legal responsibility to take the necessary action to clear vegetation around any given structures. A fire safe landscape creates a defensible space to help protect against approaching wildfires. 1. All flammable vegetation identified as a fire hazard by the inspection officer shall be mowed or cut to a stubble height of 3 inches, for 30 feet around any structure or 50 feet in high hazard areas(County of Los Angeles Fire Code 325.2.1(2),325.2.2). 2. Thin remaining vegetation for the next 70 feet, for a total of 100 feet, around any structure by clearing, trimming, thinning, limbing up and removing flammable vegetation. For high hazard areas, this distance can be increased to a maximum of 200 feet(County of Los Angeles Fire Code 325.2.1(2),325.2.2). 3. Specimen native trees,and shrubs are permissible,provided that they do not form a means of transmitting fire to any structure (County of Los Angeles Fire Code 325.2.1(2)). It is recommended that specimens shall be spaced a minimum of 15 feet or 3 times their diameter from other specimens, structures or surrounding native brush. 4. Access roads shall be maintained with a minimum of 10 feet of brush clearance on each side. Fire access roads shall have an unobstructed vertical clearance to the sky. Trees overhanging fire access roads shall be maintained to provide adequate vertical clearance(County of Los Angeles Fire Code 325.10,503.1.1 through 503.6). 5. Provide a minimum of 3 feet of brush clearance around all fire hydrants (County of Los Angeles Fire Code 508.5.5). 6. It is required that all trees and shrubs shall be maintained free of dead wood and litter. Shrubs may be required to be trimmed up from the ground 1/3 of their height. Trees shall be trimmed up a minimum of 6 feet or 1/3 their height up to 40 feet, depending on surface fuels. 7. Trees are best trimmed during dormancy or during the winter months. Care should be taken when trimming trees during the spring as this is the nesting season for many species of birds. All plants will bum under extreme fire weather conditions.Fire resistant plants bum at a relatively low intensity,at slow rates of spread and with short flame lengths.To best protect your home from fire, it is recommended that fire resistant plants be used when landscaping. A list of these plants can be obtained through the County of Los Angeles Fire Department, Brush Clearance Unit, telephone number(626)969-2375. BRUSH CLEARANQE MAINTENANCE IS A YEAR-ROUND RESPONSIBILITY MINIMUM DISTANCES REQUIRED EXTRA HAZARDOUS AREAS MAY REQUIRE 200 FEET OF CLEARANCE '5roy , . r 1 teas .., J t •• 07 iYx — 1v v4 v;�+.�a ...®ern rk, or- to tr• 4 Defensible Space wean 10 ayµ v `�.. NOTE Small lots may make these clearance distances impossible. You ars only responsible to clear up to your property lines.Clearance of property adjacent to your lot is the responsibility of the adjacent property owner. IF YOU ARE UNCLEAR AS TO THE CLEARANCE REQUESTED,PLEASE CONTACT YOUR LOCAL ARE STATION COS•ROYCE RIMS :.,r,-.+c..,-.r-rr:.r• .� „,T^`-. t:?.':^ .:�a«r_: �....<:.-�t.�xz-,<ro--- �,.,7 sa .rT • G, 7 y'SYn'" '^^`SJ S2a "am++N„ "YYS soa" ," C 'r�c, T("f ita='afra'C7 'l'"Y" ,%* `E i �FF "" f'. - b 2 ,Y" f 4 R F S 4 p ��� ,A " om .r� -'� z' :�+fi��, rf c ✓ r wr�""a a* fa� �r �, ,mow _.....c�°.., ..,..,�. a a __, .1' •:', '�C%FOR\ s ",u,..:... a .. IAZUS AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: F. M. DELACH, CITY MANAGER DATE: FEBRUARY 22, 2011 SUBJECT: CONSIDERATION OF BUDGET APPROPRIATION FOR HOMELESS VOUCHER PROGRAM RECOMMENDATION It is recommended that City Council consider the Mayor's request for additional funds for the Homeless Voucher Program, necessitating a budget appropriation of$2,500 to $5,000 in General Fund revenue resources. BACKGROUND At the City Council Meeting of December 17, 2007, Mayor Rocha requested that revenues from a newly approved cellular phone tower antennae be used as"seed money"for a proposed"Homeless Voucher Program". The approved appropriation at that time was $10,000. Council approved and discussed the program implementing the following criteria for the payment of the shelter vouchers: This program was CDBG-eligible as benefiting the low/mod limited clientele of homeless persons. • Future Funding could come under the 15% Public Service Cap. • Funding would pay for: o Vouchers only; no program administration costs. o Vouchers can be issued for up to 5-nights. o A family/client may apply for a voucher once per calendar year or up to 5-nights. • Vouchers limited to Azusa families with children registered in the Azusa Unified School District and legally Emancipated Youths (with proof of legal judgment) registered in the AUSD. • Azusa residency and homelessness determined by full interview, proof of last residency, and proof of current youth registration in AUSD. • Recommended that a Non-profit organization (501(c) (3)) providing services to homeless persons administer the program (e.g., East San Gabriel Valley Coalition for the Homeless, Peregrinos, St. Frances of Rome, Salvation Army, and Pathfinder Ministries...) o Experienced in providing homeless assistance. o Experienced in dealing with federal funding and documentation requirements. • Client Intake and recordkeeping. • Federal and local program compliance monitoring. • Federal regulation compliance pursuant to OMB Circular A-122 "Cost Principles for Non-Profit Organizations" or OMB Circular A-21 "Cost Principles for Educational Institutions"; 24 CFR Part 84 "Grants and Agreements with Other Non-Profit Organizations";and OMB Circular A-133 "Audits of States, Local Governments, and Non-Profit Organizations". o A faith-based organization may receive CDBG federal funding provided that it does not use these funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. The criteria were adopted to assure eligibility for future CDBG funding and or Redevelopment Housing funds if/when available. Currently, there are no CDBG funds available for this project. When census numbers become final it is expected that Azusa will qualify for "Entitlement City" status which should increase our local share of available funds; (due to the County's administrative regulations and fees). The City Council declined on-going funding for this activity previously due to the intense call/requests for the CDBG Public Service Program category. Redevelopment Housing funds would be eligible for appropriation,however,"Housing Funds"are not available due to the most recent purchases of Atlantis Gardens properties. If Redevelopment is not"killed"or eliminated by the Governor's Budget proposal we could repay or replenish any non- redevelopment loaned funds using "RDA Housing Set-Aside"tax-increment. FISCAL IMPACT $2,500 to $5,000 depending on City Council action from General Fund resources to be replaced by revenues from Redevelopment Housing Funds when available. , of u-t'AtIVir T tbd AZUSA AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALAN KREIMEIER, ADMISTRATIVE SERVICES DIRECTOR/ CFO 0- VIA: F.M. DELACH, CITY MANAGER DATE: FEBRUARY 22, 2011 SUBJECT: REPAYMENT OF OUTSTANDING INDEBTEDNESS OWED TO THE CITY BY THE AZUSA REDEVELOPMENT AGENCY RECOMMENDATION That the City Council approves the attached resolutions calling for the immediate repayment of outstanding indebtedness owed to the City by the Redevelopment Agency. BACKGROUND At times over the last several years the City has advanced the Redevelopment Agency funds for the acquisition of real property for key projects and or control of development in the furtherance of Redevelopment Agency Board goals and objectives. Each time, the City has received or secured a promissory note (see attached) from the Agency for the repayment of those funds. Each note has a clause specifying repayment of the loan in full to the City upon demand. In response to the Governor's proposed budget and the recommended elimination of Redevelopment Agencies statewide, staff believes it would now be prudent to request repayment of the loans to the Agency. Recognizing that the Agency may lack sufficient operating capital to repay all of the funds requested at this time, staff recommends that the City accept, via quitclaim deed, Agency owned property of equal value. Such properties have been identified and a listing is attached hereto. FISCAL IMPACT Requiring repayment of City loans made to the Agency and accepting real property of equal value in return would secure City funds for City operations. The total amount of repayment requested is $ 14,721,700. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, CALLING AN AGENCY LOAN AND REQUIRING IMMEDIATE REPAYMENT OF OUTSTANDING INDEBTEDNESS OWED TO THE CITY WHEREAS, pursuant to the California Community Redevelopment Law (Health and Safety Code Sections 33000, et seq.) ("CRL"), the City Council ("City Council") of the City of Azusa ("City") has approved and adopted a redevelopment plan ("Redevelopment Plan") for the Merged Central Business District Redevelopment Project Area ("Project Area"); and WHEREAS, the Governing Board ("Board") of the Redevelopment Agency of the City of Azusa ("Agency") has adopted an implementation plan for the Redevelopment Plan ("Implementation Plan") and is engaged in activities necessary to execute and implement the Redevelopment Plan pursuant to the CRL; and WHEREAS, on December 21, 2009 the City Council authorized a loan of$3,310,000 to the Agency, and the Agency accepted the loan from the Council, for the purpose of financing the acquisition of certain real property located at (see attached listing) for redevelopment ("City Loan"); and WHEREAS, as evidenced by the Promissory Note, City may call the City Loan at any time and require immediate repayment of the Agency indebtedness; and WHEREAS, the City desires to exercise this right and require immediate repayment in full of the Agency indebtedness. In lieu of payment in available funds, the City is willing to accept, via quitclaim deed,property of equal value; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES RESOLVE AS FOLLOWS: Section 1. The recitals set forth above are true and correct and incorporated herein. Section 2. The Council hereby calls the City Loan and requires immediate repayment in full of the City Loan. Section 3. The City Manager, or his or her designee, is authorized and directed to execute such documents and instruments as may be necessary to memorialize the obligations between the City and the Agency, including the obligations required to finalize a transfer of property, and shall take all other actions necessary or convenient in the furtherance of the actions authorized by this Resolution. Section 4. The Council has determined that the requirement of repayment from the Agency to the City, and potential transfer of land, is exempt from the requirements of the California Environmental Quality Act ("CEQA"), 1 pursuant to State CEQA Guidelines Section 15061(b)(3),because it can be seen with certainty that the mere transfer of funds or title from the Agency to the City will not have a significant effect on the environment. Section 5. The Council hereby directs City staff to file a Notice of Exemption with the Clerk of Los Angeles County within five (5) calendar days following approval a this Resolution. Section 6. This Resolution shall take effect immediately upon its adoption. Section 7. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption of this Resolution. ADOPTED, SIGNED, AND APPROVED this day of , 2011,by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 2 • PROMISSORY NOTE MERGED REDEVELOPMENT PROJECT AREA AZUSA, CALIFORNIA December 21, 2009 For value received, the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body corporate and politic("Agency"),promises to pay the CITY OF AZUSA,a municipal corporation and general law city organized and existing under the laws of the State of California ("City"), the estimated sum of THREE MILLION THREE HUNDRED AND TEN THOUSAND DOLLARS AND NO/100($3,310,000),revised as necessary to reflect actual expenditures,with interest thereon from the date of execution of this Note at the annual interest rate of 6.5%. The principal and interest are payable annually. Any unpaid amounts will accrue annually and be added to principal. The Note is payable from tax increment revenues in excess of those pledged for Agency bonded indebtedness,property sales proceeds, bond proceeds designated to repay this note, and/or any other resources available to the Agency from which such payment may legally be made, allocated to and received by the Agency for the Merged Redevelopment Project Area.The term of the note shall be payable upon demand,unless extended by mutual consent ofboth parties. This note is issued in connection with the provision of funds to finance redevelopment activities of the Merged Redevelopment Project Area. The Merged Project provides for tax increment financing in accordance with the provisions of the California Health and Safety Code. The Agency is authorized, with the consent of the Board of Directors, to undertake certain actions which are necessary and incidental to carrying out the Redevelopment Plan which has previously been adopted by the City of Azusa, for purposes of the Merged Redevelopment Project area. The City Council has authorized the loan for purposes of funding property acquisitions,administrative expenses and project related activities. This note is issued under the authority and pursuant to the Community Redevelopment Law, commencing with Section 33600 of the Health and Safety Code of the State of California, as amended. Each payment shall be credited first to principal due and the remainder to interest;and interest shall thereupon cease upon the principal so credited. Any unpaid interest shall accrue and be added to the outstanding principal balance. In event of default in payment of any amount as herein provided, then the entire amount shall become due at the option of the City of Azusa. Principal and interest shall be payable in lawful money of the United States at Azusa, California. Demand, presentment for payment, protest and notice of protest are hereby waived, REDEVELOPMENT AGENCY OF THE CITY OF AZUSA By: Chairperson PROPERTY ACQUISITION/CBD C\bOC'UML ma's.AU-nOCA1 s-1?EMY\XPGRPWISE AGE\C1Fti3SU REQUESTING$3 3 I M LOAN IXK: ENTERPRISE PROPERTY Address: 229 S. Azusa Avenue APN: 8614-014-918, 8614-014-919, 8614-014-920 1 1 �t -7,-;4,,,...,.z.a s 1 / ' : , , • 1 4. r 4h „l „,,,,,i,:r.,,, .._ ,-,t5",1_..1,!..7.1,, ! , t ,,,iik. , r . , „.__ ., ,, , , 1 .k.:'-'.7.-4': ::',...-•-tr„'-.;...-I - ' , - , - .;, i , ' e> k k. t, .:::.:::,,,,-;.::- , J 1 ' r- .., -,.....,2, .;,r;: 1 _ , _, it ---C- . , '7""74 - ' ' } I , 10110 ' < ' t -"II:-tr. 1.:1,1i,.,,,,,Irill.I-1-Ifor- ' — f fakFnr f— ri '1--..1.,..,iim.:,-- -;,.-. , ,',” .. ! , I ,t-'.. 15 , -:•-.,:,',,l'!',':.::!-,---'.-.!',1',-;.''(:',-:-'I'.i-'':''''''-,.:':''-.:_:ti-,,,_:' :4,.:_,,diali ';I 1 4n 5 Cl)cti tlF :. 45' :J�,� ,�Jr,,l_I. r ,I r� Q f JJ JJ S1 s c' i , .,,,,,,,-.' ''''' ---- , .:_ it,. , , . _. .... 1 4 '1--- ._ . ...1 4r. ' ' - — _. --- !-- ,-,-- -.. 11,477:-:;-:"i '...-.:t!,.. .;i:"- ' ri-44i.;:iri'Y'.; :°7 ..� .. � �dip' , � I Fes'`. I .„ Paramount St x..� ° r 1 inch = 65 feet J.pratv 6F �, City of Azusa G, /�1 s 229 S. Azusa Ave. N GIS Path:C:\ArcGIS_Misc Projects_3_9.2\Kurt C\Enterprise Site.mxd Date:2/17/2011 Attachments: Resolutions (3) requesting repayment of loans Promissory Notes List of properties proposed for quitclaim in repayment of loans RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, CALLING AN AGENCY LOAN AND REQUIRING IMMEDIATE REPAYMENT OF OUTSTANDING INDEBTEDNESS OWED TO THE CITY WHEREAS, pursuant to the California Community Redevelopment Law (Health and Safety Code Sections 33000, et seq.) ("CRL"), the City Council ("City Council") of the City of Azusa ("City") has approved and adopted a redevelopment plan ("Redevelopment Plan") for the Merged Central Business District Redevelopment Project Area ("Project Area"); and WHEREAS, the Governing Board ("Board") of the Redevelopment Agency of the City of Azusa ("Agency") has adopted an implementation plan for the Redevelopment Plan ("Implementation Plan") and is engaged in activities necessary to execute and implement the Redevelopment Plan pursuant to the CRL; and WHEREAS, on March 3, 2008 the City Council authorized a loan of$11,000,000 to the Agency, and the Agency accepted the loan from the Council, for the purpose of financing the acquisition of certain real property located at (see attached listing) for redevelopment ("City Loan"); and WHEREAS, as evidenced by the Promissory Note, City may call the City Loan at any time and require immediate repayment of the Agency indebtedness; and WHEREAS, the City desires to exercise this right and require immediate repayment in full of the Agency indebtedness. In lieu of payment in available funds, the City is willing to accept, via quitclaim deed, property of equal value; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES RESOLVE AS FOLLOWS: Section 1. The recitals set forth above are true and correct and incorporated herein. Section 2. The Council hereby calls the City Loan and requires immediate repayment in full of the City Loan. Section 3. The City Manager, or his or her designee, is authorized and directed to execute such documents and instruments as may be necessary to memorialize the obligations between the City and the Agency, including the obligations required to finalize a transfer of property, and shall take all other actions necessary or convenient in the furtherance of the actions authorized by this Resolution. Section 4. The Council has determined that the requirement of repayment from the Agency to the City, and potential transfer of land, is exempt from the requirements of the California Environmental Quality Act ("CEQA"), 1 pursuant to State CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that the mere transfer of funds or title from the Agency to the City will not have a significant effect on the environment. Section 5. The Council hereby directs City staff to file a Notice of Exemption with the Clerk of Los Angeles County within five (5) calendar days following approval of this Resolution. Section 6. This Resolution shall take effect immediately upon its adoption. Section 7. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption of this Resolution. ADOPTED, SIGNED,AND APPROVED this day of , 2011. by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 2 PROMISSORY NOTE MERGED REDEVELOPMENT PROJECT AREA AZUSA, CALIFORNIA March 3, 2008 For value received. the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body corporate and politic("Agency"),promises to pay the CITY OF AZUSA,a municipal corporation and general law city organized and existing under the laws of the State of California("City"),the estimated sum of ELEVEN MILLION DOLLARS AND NO/100($11,000,000),revised as necessary to reflect actual expenditures,with interest thereon from the date of actual receipt of loan proceeds as evidenced by warrant date of disbursement, at the annual interest rate of 6.5°% which is approximately equivalent to the Local Agency Investment Fund rate,currently 4.62%per annum,plus 2%. The principal and interest are payable annually. Any unpaid amounts will accrue annually and be added to principal. The Note is payable from tax increment revenues in excess of those pledged for Agency bonded indebtedness,property sales proceeds,bond proceeds designated to repay this note,and/or any other resources available to the Agency from which such payment may legally be made,allocated to and received by the Agency for the Merged Redevelopment Project Area. The term of the note shall be payable by November 30,2008, unless extended by mutual consent of both parties. This note is issued in connection with the provision of funds to finance redevelopment activities of the Merged Redevelopment Project Area. The Merged Project provides for tax increment financing in accordance with the provisions of the California Health and Safety Code. The Agency is authorized, with the consent of the Board of Directors, to undertake certain actions which are necessary andincidental to carrying out the Redevelopment Plan which has previously been adopted by the City of Azusa, for purposes of the Merged Redevelopment Project area. The City Council has authorized the loan for purposes of funding property acquisitions,administrative expenses and project related activities. This note is issued under the authority and pursuant to the Community Redevelopment Law, commencing with Section 33600 of the Health and Safety Code of the State of California, as amended. Each payment shall be credited first to principal due and the remainder to interest;and interest shall thereupon cease upon the principal so credited.Any unpaid interest shall accrue and be added to the outstanding principal balance. In event of default in payment of any amount as herein provided, then the entire amount shall become due at the option of the City of Azusa. Principal and interest shall be payable in lawful money of the United States at Azusa. California. Demand, presentment for payment,protest and notice of protest are hereby waived. REDEVELOPMENT AGENCY OF THE CITY OF AZUSA By: Joseph R. Rocha, Chairperson PROPERTY ACQUISITION/CBD C DOCUMENTS AND SE TTINGS..9z_USAL'SLR I\DESi:7 OPREVISED CRA ALSO NO OARS RE'QUES F Nc3 LOAN DOC RESOLUTION NO, 08-R9 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING A LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA WHEREAS,the Redevelopment Agency of the City of Azusa("Agency")is authorized to undertake certain actions which are necessary and incidental to the carrying out of the Redevelopment Plan which has previously been adopted by the City of Azusa,for purposes of the Merged Redevelopment Project Area;and WHEREAS, the Agency has incurred and will continue to incur obligations for such purpose; and WHEREAS, the City of Azusa is authorized, pursuant to Section 33620,et. seq., of the Health and Safety Code of the State of California to make loans to the Agency for the purposes of defraying said expenses; NOW,THEREFORE,BE IT RESOLVED by the Agency Members of the Redevelopment Agency of the City of Azusa that: Section I. Pursuant to the provisions of said Section 33620,et.seq.,of the California State Health and Safety Code, the Agency Members hereby authorize the Redevelopment Agency of the City of Azusa to request a Loan from the City of Azusa for purposes of the Merged Redevelopment Project. Section 2. The Agency pledges to accept and administer any funds loaned to it pursuant to this request in accordance with the provisions of Section 33620, et. seq., of the Health and Safety Code. Section 3. The Agency requests that authorization for repayment of the loan shall be evidenced by a Note(in the form attached as Exhibit A)of the Agency containing the following terms,in addition to all usual and customary terms: LOAN PROJECT/AFFECTED INTEREST TERM BORROW REPAYMENT AMOUNT FUND RATE FROM FUND SOURCE $1 1,000,000 Merged Project-CBD Payable by City: Tax Increment. Capital Projects Fund 6.5% November General/Rosedale Bonds,Sales 30,2008 Funds Proceeds The loan listed herein is payable according to the terms of the Note. Payments will be made upon demand from the City to the Agency by November 30,2008.Any unpaid amounts will accrue annually and be added to principal. The Note is payable from accumulated tax increment funds in excess of those pledged for payment of Agency bonded indebtedness, and/or from any other funds available to the Agency from which such payment may legally be made. The Note may be prepaid at any time without penalty. Section 4. The Chairperson of the Agency or his/her designee is hereby authorized and directed to execute,on behalf of the Agency,the Note to the City of Azusa in accordance with the provisions of Section 3 hereof. Section 5. The Agency Secretary shall certify the adoption of this Resolution. PASSED AND ADOPTED this 3rd day of March,2008. Jraseph R: Rocha, Chairperson I HEREBY CERTIFY that the foregoing resolution No. 08-R9, as duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting held on the 3rd day of March,2008, by the following vote of the Agency members: AYES: AGENCY MEMBERS: GONZALES, CARRILLO,MACIAS,HANKS,ROCHA NOES: AGENCY MEMBERS: NONE ABSTAIN: AGENCY MEMBERS: NONE ABSENT: AGENCY MEMBERS: NONE era Mendoza, Secretary �;� Downtown North (A-2 & A-3 sites) Address: 858 N. Azusa Avenue, Azusa, CA 91702 APN: 8608-025-907 Address: 832 N. Azusa Avenue, Azusa, CA 91702 APV: 8608-025-909, 8608-025- 910 Address: 826 N. Azusa Avenue, Azusa, CA 91702 APN: 8608-025-902 Address: 830 N. Azusa Avenue, Azusa, CA 91702 APN: 8608-025-908 Address: 812 N. Azusa Avenue, Azusa, CA 91702 APN: 8608-025-906 Address: 801 N. Alameda Avenue, Azusa, CA 91702 APN: 8608-025-905 Address: 810 N. Alameda Avenue, Azusa, CA 91702 APN: 8608-027-907 Address: No Situs APN: 8608-025-903 Address: No Situs APN: 8608-025-904 Address: 803 N. Dalton Avenue, Azusa, CA 91702 APN: 8608-027-906 Address: 805 N. Dalton Avenue, Azusa, CA 91702 APN: 8608-027-905 Address: 809-813 N. Dalton Avenue. Azusa CA 91702 APN: 8608-027-908 r r , — ii. =' _..1. ' 14,....., •.47:'. $i,' 74* i n _ c ::. 't _ z f T 3 t �` 1� } 1 I aob- ' ,o-ift , . - I , ,,,„1 ,....firrivT- .... firri -• •( - it 4't PI' : '..., .zi- i.41.1; r f). r r 4 to . X i-, ' E;,1..1 i r,,,,,rt , .,, ,1,. 3 \ , ‘,... %, , r -w- c ! _ ,.. ,, \ \ ,3 , ,, — 3 ;a, .,-,.. ............ 1 ,.. . 3 , _ _ 3 .., 3 / JEJJJ V2.�-J J !".",' w \ t .dam, ^+nom e)" 7 �. a r'r rgdieft ` aY cts 13 1M1 �+ ' r � q�� �� � �J ) y '1� 010, 0 � r • J \ _ r r�E .... J eie � t!f� y0-7 i � m' • i i \ .t� i= I .y t 1. r l' - 111" ."i- ' t P t ti S' r i tit ; � "'' _ ,41 t ,, .-: , 1,‘,.. ,,,,,, \ , - .. - si "+ate -. fi i I. I : ._ i 1 inch = 70 feet J.7ra.co "'w s", City of Azusa r \ AZUSA Downtown North Project A-2 N GIS AW Path:C:\ArcGIS_Misc Projects_3_9.2\Kurt C\Downtown North A2 A3.mxc Date:2/17/2011 T7_ ....."6„,,,..7:,..44 _ - _— ti_ — 9th St I . - �. M"yr .. .._ vim , + ris-a.r .�+ _ . Z a 1 .' . e ! - rote' .:' Tr a s ; t li, ,tt,- _ s, _ 01 a, Pr 4 .�� X tf -., it +jet. NOB ... 4 r1 .rl / lr1 / ' �� 03 ' 1 i ii. li, --, - .„-..... ., •,.4,74., 010- 3_ , ,00,0*, . �[r -- •H .`"-. '4" a 4'<:"''''''' A i4., 4 , r t 4.h...,',. ," .3.'t ., • t ,,,,, .3 s r .. * l • #• ice. y . °' r _ t ` mss i ., If i /.'4 p mss: + ti , 0 1 inch = 70 feet J.'rado °FA) City of Azusa LP �vy C. Us Downtown North Project A-3 N GIS Path:C:\ArcGIS_Misc Projects_3_9.2\Kurt C\Downtown North A2 A3.mxd Date:2/17/2011 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, CALLING AN AGENCY LOAN AND REQUIRING IMMEDIATE REPAYMENT OF OUTSTANDING INDEBTEDNESS OWED TO THE CITY WHEREAS, pursuant to the California Community Redevelopment Law (Health and Safety Code Sections 33000, et seq.) ("CRL"), the City Council ("City Council") of the City of Azusa ("City") has approved and adopted a redevelopment plan ("Redevelopment Plan") for the Merged Central Business District Redevelopment Project Area ("Project Area"); and WHEREAS, the Governing Board ("Board") of the Redevelopment Agency of the City of Azusa ("Agency") has adopted an implementation plan for the Redevelopment Plan ("Implementation Plan") and is engaged in activities necessary to execute and implement the Redevelopment Plan pursuant to the CRL; and WHEREAS, on March 24,2008 the City Council authorized a loan of$5,300,000 to the Agency, and the Agency accepted the loan from the Council, for the purpose of financing the acquisition of certain real property located at (see attached listing) for redevelopment ("City Loan"); and WHEREAS, as evidenced by the Promissory Note, City may call the City Loan at any time and require immediate repayment of the Agency indebtedness; and WHEREAS, the City desires to exercise this right and require immediate repayment in full of the Agency indebtedness. In lieu of payment in available funds, the City is willing to accept, via quitclaim deed, property of equal value; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES RESOLVE AS FOLLOWS: Section 1. The recitals set forth above are true and correct and incorporated herein. Section 2. The Council hereby calls the City Loan and requires immediate repayment in full of the City Loan. Section 3. The City Manager, or his or her designee, is authorized and directed to execute such documents and instruments as may be necessary to memorialize the obligations between the City and the Agency, including the obligations required to finalize a transfer of property, and shall take all other actions necessary or convenient in the furtherance of the actions authorized by this Resolution. Section 4. The Council has determined that the requirement of repayment from the Agency to the City, and potential transfer of land, is exempt from the requirements of the California Environmental Quality Act ("CEQA"), 1 pursuant to State CEQA Guidelines Section 15061(b)(3), because it Q can be seen with certainty that the mere transfer of funds or title from the Agency to the City will not have a significant effect on the environment. Section 5. The Council hereby directs City staff to file a Notice of Exemption with the Clerk of Los Angeles County within five (5) calendar days following approval of this Resolution. Section 6. This Resolution shall take effect immediately upon its adoption. Section 7. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption of this Resolution. ADOPTED, SIGNED,AND APPROVED this day of , 2011, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 2 EXHIBIT A PROMISSORY NOTE MERGED REDEVELOPMENT PROJECT AREA AZUSA, CALIFORNIA March 24,2008 For value received,the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body corporate and politic ("Agency"), promises to pay the AZUSA LIGHT & WATER, a municipal utility organized and existing under the laws of the State of California ("City"), the estimated sum of FIVE MILLION THREE HUNDRED THOUSAND DOLLARS AND NO/100 ($5,300,000), revised as necessary to reflect actual expenditures, with interest thereon from the date of actual receipt of loan proceeds as evidenced by warrant date of disbursement,at the annual interest rate equivalent to the Local Agency Investment Fund rate,currently 4.161%per annum,principal and interest payable annually. Any unpaid amounts will accrue annually and be added to principal. The Note is payable from tax increment revenues in excess of those pledged for Agency bonded indebtedness,property sales proceeds,bond proceeds designated to repay this note,and/or any other resources available to the Agency from which such payment may legally be made, allocated to and received by the Agency for the Merged Redevelopment Project Area. The term of the note shall be payable upon demand, unless extended by mutual consent of both parties. The interest earned by the Utility Fund Reserve shall be transferred into the Utility mitigation fund This note is issued in connection with the provision of funds to finance redevelopment activities of the Merged Redevelopment Project Area. The Merged Project provides for tax increment financing in accordance with the provisions of the California Health and Safety Code. The Agency is authorized,with the consent of the Board of Directors, to undertake certain actions which are necessary and incidental to carrying out the Redevelopment Plan which has previously been adopted by the City of Azusa,for purposes of the Merged Redevelopment Project area. The Utility Board has authorized the loan for purposes of funding property acquisitions,administrative expenses and project related activities. This note is issued under the authority and pursuant to the Community Redevelopment Law, commencing with Section 33600 of the Health and Safety Code of the State of California, as amended. Each payment shall be credited first to principal due and the remainder to interest;and interest shall thereupon cease upon the principal so credited. Any unpaid interest shall accrue and be added to the outstanding principal balance. In event of default in payment of any amount as herein provided, then the entire amount shall become due at the option of the City of Azusa Principal and interest shall be payable in lawful money of the United States at Azusa, California. Demand, presentment for payment, protest and notice of protest are hereby waived. REDEVELOPMENT AGENCY OF THE CITY OF AZUSA By: 4.--5e/f, rG /JosepR. Rocha, Chairperson PROPERTY ACQUISITION/CBD North East Corner Azusa/Arrow No Address: APN: 8621-024-902, 8621-024-903 Address: 17525 E. Arrow Hwy APN: 8621-024-904 a •�' it- 1 r - . - ‘`'Fo * 4i. ---..", ,i. Jr. - '_.-., . , . * W• A wr.• s 7,7'''''''''' .w _ i ; J e '�D c • L'• ' s,, 3k L 1 8621--024-9.4 r�. ;4 Fe-, _. It F i,'t .ti . r 9 ing/yam F ..-,, ., -.won.. - it .... _ -. r .-,aw• ,:. m! A ;r L -- J v t ,. l'E1 . • r, f r t i4 a -- .. - . .. - _16S, - /: . p „ 1 inch = 100 feet J.prARn ^�eF�• City of Azusa V #6��yl ////\\V\ NEC Azusa Ave. & Arrow Hwy. N GIS Path:C:\ArcGIS_Misc Projects_3_9.2\Kurt C\Azusa©ArrowNEC.mxd Date:2/17/2011 OF q2 Gi CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY,FEBRUARY 7,2011—6:30P.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. CLOSED SESSION Closed Session The City Council recessed to Closed Session at 6:33 p.m.to discuss the following: Recess 1. CONFERENCE WITH LABOR NEGOTIATOR(Gov.Code Sec.54957.6) Conf w/labor Agency Negotiators: Administrative Services Director-Chief Financial Officer Kreimeier and Negotiators City Manager Delach Organizations SEN and APMA 2. REAL PROPERTY NEGOTIATIONS(Gov.Code Sec.54956.8) Real Prop Agency Negotiators:City Manager Delach and Assistant City Manager Makshanoff Negotiations Under Negotiation: Price and Terms of Payment a. BLOCK 36 Block 36 Address: 100 E.Foothill Blvd,Azusa,CA 91702 614-640 N.Azusa Ave,Azusa,CA 91702 Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency Address: 152 E.Foothill Blvd,Azusa,CA 91702 Negotiating Parties: Bank of American&City of Azusa/City of Azusa and City of Azusa Redevelopment Agency b. DOWNTOWN NORTH A2&A3 Site Downtown Addresses: North A2&A3 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: City/Azusa Redevelopment Agency/Lewis Retail Centers c. ENTERPRISE PROPERTY Enterprise Address: 229 S.Azusa Avenue(APN 8614-014-056,057 and 058) Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION(Gov.Code Sec.54957) Pub Emp Title: City Manager Evaluation The City Council reconvened at 7:39 p.m. City Attorney Carvalho advised that there was no reportable Reconvened action taken in Closed Session. No Reports Mayor Rocha called the meeting to order. Flag Salute was led by Alissa Zamora and Zachary Sandoval, Call to Order Great Granddaughter and Great Grandson of Dolores"Lolita"Romero,lifelong resident who recently passed Flag Salute away. Invocation was given by Pastor Wayne Leamons of Bread of Life Church Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA ABSENT: COUNCILMEMBERS: NONE Also Present ALSO PRESENT: City Attorney Carvalho, City Manager Delach, Assistant City Manager Makshanoff, Police Chief Garcia, Director of Public Works Haes, Administrative Services Director-Chief Financial Officer Kreimeier, Director of Economic and Community Development Christiansen, Director of Recreation and Family Services Jacobs, Public Information Officer Quiroz, Assistant Director of Economic and Community Development McNamara,Director of Utilities Morrow,City Clerk Mendoza,Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr.Mike Lee addressed Council and expressed his opinion regarding the Special Election recently held,his M.Lee frustration regarding voter turnout,a proposed new library,and a building for educators. Comments Ms. Stephanie Mills addressed Council expressing her opinion regarding the recently held Special S.Mills Municipal Election,a proposed new library,and a building for the educators. Comments Mrs. Mercedes Castro, President of Canyon City Alliance, addressed Council expressing her opinion M.Castro regarding the outcome of the recently held Special Municipal Election and thanked the City Council for their Comments leadership in their vote in favor of Vulcan Mining Development Agreement voted upon at the Election;she also thanked Liz Ramirez for all her work. Mr. Ian Scott addressed Council expressing his concern regarding the passing of Measure A and the I.Scott misinformation that was distributed. He wondered if the things that were promised will come to pass and Comments urged Council to work on a detailed schedule with Vulcan with milestone dates. Ms. Peg Casey, Project Manager for Vulcan Materials,Azusa Rock Project, addressed Council stating that P.Casey they have been working with Council and community to develop a better plan for Azusa Rock to provide Comments long lasting environmental and financial benefits for the community while meeting the business objectives of their company. She talked about the positive outcome of the election, about the positive impact to the community,and about Vulcan and its continued commitment to the City. Susan Elliott, Meg Savella, Belinda De Torres, Marji Aveson, Arthur Eddy, Rosanna Shinall, and Peggy Speakers re: Martinez representing Teachers and Azusa Educators Association,addressed Council regarding the denial of Azusa application to purchase a building in the Azusa Downtown area due to zoning restrictions. They urged Educators Council to reconsider the request and talked about the benefits they would bring to the area. Association Mr.Edwin Carmona-Cruz,ASB President of Azusa High School addressed Council and requested funds for E.Cruz the Azusa High School Tennis Team uniforms. Comments City Attorney responded to question regarding arguments/rebuttals in the Sample Ballots stating that they .Responses are viewpoints by the authors and not binding by the City. City Clerk responded to question regarding To questions Precinct Officer Training stating that they received two hours of Training for the election. City Attorney Pub advised that she would meet with applicants regarding the purchase of a building in the downtown area,the Participation uses of the area, discretion of staff, appeal period, and call up or appeal. City Manager was directed to allocate$200 each to the AHS Tennis Team and GHS Swim Team,as sponsorship funds. REPORTS,UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Rpts,Updates City Manager Delach addressed Council distributing a legislative action alert from the League of California City Mgr Cities urging cities to call their local legislatures, Senator Ed Hernandez and Assemblyman Roger Comments re: Hernandez, to talk about the benefits of Redevelopment. He then talked about the many benefits Redevelopment Redevelopment has provided for the City of Azusa. City Manager Delach requested an item of subsequent need be added to the agenda as item B-3, the City Mgr Gladstone swim team use of the city pool. He noted that the item came to the City after the posting of the Item of Sub agenda, that the Gladstone pool has been shut down and the students involved in the program could miss Sequent need several weeks of practice which will affect their competition. Moved by Councilmember Carrillo,seconded by Mayor Pro-Tem Gonzales and unanimously carried to add Add item to an item of subsequent need,request of Gladstone High Swim Team to use the City Pool. Agenda Moved by Mayor Pro-Tern Gonzales, seconded by Councilmember Carrillo and unanimously carried to Cert to VFW approve request for Certificates of Recognition to honor District 6 Official Visit of State Commander Denis District 6 Wells and State President Judy Jones of the VFW and the Ladies Auxiliary of the VFW. Officials 02/07/11 PAGE TWO Moved by Councilmember Carrillo, seconded by Mayor Pro-Tern Gonzales and unanimously carried to Cert to Azusa approve request for Certificates of Appreciation for all Azusa schools and drivers who participated in the Schools Food 13th Annual Azusa Unified School District(AUSD)and City sponsored Food Drive. Drive Councilmember Macias requested that the southern gateway monument of the Maiden Lady be restored as it Macias So is faded; he requested staff to look into the feasibility of utilizing tile in the restoration. City Manager Gateway Delach responded stating that staff is in the process of repairing the monument. Monument City Manager Delach,Director of Recreation and Family Services Jacobs and Jackie LaTrell of Gladstone Use of Pool High School presented item regarding use of the pool by Gladstone Team noting that it is now being leased Gladstone by Azusa Pacific University. They requested that staff be authorized to coordinate a sublease or a joint lease Swim Team agreement to make sure they address liabilities. Question and answer session ensued between Councilmembers and staff. • Moved by Councilmember Carrillo, seconded by Mayor Pro-Tern Gonzales and unanimously carried to Staff authorized direct staff to allow the sub lease to occur between Azusa Unified School District and Azusa Pacific To coordinate University or a joint lease between the Azusa Unified School District and the City. Use of Pool Mayor Pro-Tem Gonzales announced the 5th Annual Casino Night to be held on Friday,February 18'"at the Gonzales Azusa Woman's Club to support the youth of Azusa,call.Parks and Recreation if you have any questions. Comments He talked about the voter turn out and the need for it to be stronger; he asked all to get to know the candidates. He asked that the meeting be adjourned in memory of Murray Hirota. Councilmember Macias expressed his condolences to Mickey Hirota on the passing of her husband Murray Macias Hirota. He then asked Mayor Pro-Tem Gonzales if he would like to join him in a Voter Registration Drive, •Comments with the help of Southwest Voter Registration. He wished all a Happy Valentines Day. Councilmember Carrillo talked about his attendance at the Miss Azusa Pageant stating that the contestants Carrillo put much work into the process and they are all winners and congratulated all involved. Comments Councilmember Hanks expressed his appreciation and thanks to the City Clerk's office for the dedication, Hanks sincerity,conscientious and very good public servants in running the election. Comments Mayor Rocha stated that the meeting will be adjourned in memory of Dolores `Lotita' Romero and Murray Rocha Hirota. He thanked the AUSD for the Parent University to help families. He read a letter into record from Comments Silvana Calvasos regarding the Poverty Summit and vouchers for the homeless program for kids who attend Azusa Unified School District. He asked that Council consider adding funds to the Homeless Program. He asked Code Enforcement to close down any unlicensed vendors who sell on corners. He also asked that a crosswalk on Fondale and Cerritos be moved forty feet to the north under the street light. He announced Be a Walker at Zacatecas Park on Saturday,February 12th at 9:30 a.m. He announced a series of workshops Azusa Cares Health Seminars, Assemblyman Roger Hernandez and himself, on the following subjects: Neurological Diseases, Diabetes, Mental Health Issues, Dental Hygiene, Hypertension, and a Health Fair. He asked all to pray for the Soldiers and especially for employment when they return home. SCHEDULED ITEMS Sched Items PUBLIC HEARING — on application from Francisco Jara Meza and Elva M. Villegas, DBA "A Crown Pub Hrg Crown Yellow Cab"to operate Taxicabs in the City of Azusa. Yellow Cab Revenue Supervisor Cawte and Chief of Police Garcia responded to questions posed regarding dispatching Rev Supv area,levels of saturation of taxicabs,review of applications,number of vehicles that will be driven in town, &COP resp staging locations,renewal process,and any problems that exist,which are complaint driven. questions The Mayor declared the Public Hearing open. The City Clerk read the affidavit of proof of publication of Hrg Open notice of said hearing published in the Azusa Herald on January 27,2011. Mr.Francisco Jara Meza addressed the Hearing stating that his taxicabs are safe,he has an office in the City F.Meza of West Covina with a parking lot,and he will give good service and keep clean cabs. Comments Mr. Victor Martinez of Fast Express Taxi, addressed the Hearing via an interpreter, stated that the subject V.Martinez Taxi Company has been in operation for quite a while and is just now obtaining a permit. He asked if this Comments was the process,and he displayed pictures of alleged unlicensed cabs in the City of Azusa. Moved by Mayor Pro-Tem Gonzales,seconded by Councilmember Hanks and unanimously carried to close Hrg Closed the Public Hearing. After additional questions,Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING THE Res. 11-05 ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE FOR THE OPERATION OF A Auth issue TAXICAB SERVICE TO FRANCISCO JARA MEZA AND ELVA M. VILLEGAS, DBA "A CROWN Cert of Con YELLOW CAB". A Crown 02/07/11 PAGE THREE Yellow Cab Moved by Councilmember Hanks, seconded by Mayor Pro-Tern Gonzales to waive further reading and adopt the resolution. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PUBLIC HEARING—on application from Julian Cardenas,DBA"Yellow Cab Co.of San Gabriel Valley" Pub Hrg to operate Taxicabs in the City of Azusa. Yellow Cab SG Valley Revenue Supervisor Cawte addressed the Hearing stating that the company operates out of Hacienda Heights Rev Supv and has five cabs. Chief of Police Garcia responded to question posed regarding inspection of cabs,stating COP Comments that they have to meet requirements of their insurance and not inspected by the City. The Mayor declared the Public Hearing open. The City Clerk read the affidavit of proof of publication of Hrg Open notice of said hearing published in the Azusa Herald on January 27,2011 Ms. Helen Garcia addressed the Hearing stating that their cabs do have inspections every Monday, have H.Garcia random drug testing and background inspections of drivers. They stated that they provide service to Comments Government Agencies i.e.Access Medicare,Medicare,and Pomona Regional Services. Moved by Mayor Pro-Tern Gonzales,seconded by Councilmember Hanks and unanimously carried to close Hrg Clsd the Public Hearing. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING THE Res. 11-C6 ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE FOR THE OPERATION OF A Auth issue TAXICAB SERVICE TO JULLIAN CARDENAS, DBA "YELLOW CAB CO. OF SAN GABRIEL Cert of VALLEY". Convenience Yellow Cab Moved by Councilmember Hanks, seconded by Mayor Pro-Tern Gonzales to waive further reading and Co.SG Valley adopt the resolution. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ADOPTION OF AN ORDINANCE CONCERNING THE REGULATION OF ICE CREAM VEHICLE Prop Ord Regs VENDORS. Ice Cream Vdrs City Manager Delach advised that this new ordinance will limit what ice cream vendors can sell and City Mgr addresses the issue of sales adjacent to schools within 500 feet. He responded to questions regarding hours Comments of operation and complaints. Councilmember Hanks asked that the hours of operation adjacent to schools be And Discussion relaxed and City Manager Delach advised that Sec. 62-401 (c)Prohibited Locations, be amended to read: No ice cream truck shall make any sales within 500 feet of any public or private school`from 11:00 a.m.and 4:00 p.m.,Monday through Friday". Councilmember Hanks offered an Ordinance,as amended,entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADDING A 151 Rdg Ord NEW ARTICLE X TO CHAPTER 62 OF THE AZUSA MUNICIPAL CODE REGARDING THE Regulation REGULATION OF ICE CREAM VEHICLE VENDORS. Of Ice Cream Vehicle Moved by Councilmember Hanks, seconded by Mayor Pro-Tern Gonzales and unanimously carried to Vendors introduce the proposed ordinance that regulates the operation of Ice Cream Vehicle Vendors within the City of Azusa on public and private roads. City Clerk Mendoza presented the Results of the January 25, 2011, Special Municipal Election and stated City Clerk that the percentage of voter turnout was 19.6 after the canvass was completed. City Manager Delach noted Presented that there are an increasing number of permanent Vote By Mail voters. Results Councilmember Hanks congratulated City Staff for their professionalism and hard work in putting together Hanks the Vulcan Project. He stated that the results of the Election validated their work. Councilmember Macias Comments echoed Councilmember Hanks comments and asked that the City now move forward. 02/7/11 PAGE FOUR Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,RECITING THE Res. 11-C7 FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON TUESDAY, JANUARY 25, 2011 Reciting the DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. Fact of the Special Election Moved by Councilmember Hanks,seconded by Councilmember Macias to waive further reading and adopt 1/25/11 the resolution. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The CONSENT CALENDAR consisting of Items D-1 through D-14 was approved by motion of Consent Councilmember Macias, seconded by Mayor Pro-Tem Gonzales, and unanimously carried with the Calendar exception of item D-11 which was considered under the Special Call Items portion of the Agenda. 1. The minutes of the regular meeting of January 18, 2011, were approved as written. Mayor Rocha Min appvd abstained from the minutes as he was absent from that meeting. Rocha Abstn 2. HUMAN RESOURCES ACTION ITEMS. HR Action Human Resources Action Items were approved as follows: Items Merit Increase and/or Regular Appointment: M.Bauer,and P.Adame. Treas Rpt 3. The City Treasurer's Report as of December 31,2010,was received and filed. 4. Approval was given for a License Agreement between Gorby&Dashew Foothill Vista and the City Lic Agmt of Azusa for a Bookmobile stop at the Foothill Vista 55+Community. Bookmobile Stp 5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING Res. 11-C8 HAZARDOUS BRUSH, DRY GRASS, WEEDS, COMBUSTIBLE GROWTH OR FLAMMABLE Setting Weed VEGETATION, TO INDLUDE ORNAMENTAL VEGETATION, IN THE CITY OF AZUSA A Abatement Hrg SEASONAL AND RECURRING NUISANCE, AND SETTING THE DATE AND TIME OF 2/22/11 FEBRUARY 22, 2011, AT 7:30 PM., AS THE DATE AND TIME TO CONDUCT A PROTEST HEARING FOR AFFECTED PROPERTY OWNERS BEFORE THE CITY COUNCIL. 6. Approval was given for an Off-Campus Federal Work-Study Program Agreement for the Community Agmt w/APU Scholars Program at the Azusa City Library and the City Manager was authorized to execute Off-Campus agreement between the City of Azusa and Azusa Pacific University. Fed Wk Study 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS Res. 11-C9 ACCEPTANCE OF A GRANT OF EASEMENT FROM THE AZUSA PACIFIC UNIVERSITY TO Grant of Esmt THE CITY OF AZUSA FOR SIGNAL EQUIPMENT AND THE MAINTENANCE THEREOF ON From APU Sig UNIVERSITY DRIVE AT CITRUS AVENUE IN THE CITY OF AZUSA. Maint&Equip 8. Approval was given to award a contract to Republic ITS to perform traffic signal maintenance and Republic ITS equipment services. Trffc Sig Maint 9. Approval was given to award a contract to Segura Associates, Inc. for professional landscape Segura Assoc. architectural/design services in an amount not to exceed$71,530. Landscape dsgn 10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ZUSA AMENDING RESOLUTION Res. 11-C10 00-C140 WHICH SETS FORTH COMPENSATION AND BENEFITS OF NON-CLASSIFIED Comp&Bene EMPLOYEES AND ELECTED AND APPOINTED OFFICIALS OF THE CITY OF AZUSA. PT Employees 11. SPECIAL CALL ITEM. Spec Call Item 12. Approval was given to accept the improvements required for Tract No. 54057-02, Garnet Hill as Accept Imp complete, take the streets, water, sewer and storm drain systems into the City maintained systems, Garnet Hill exonerate the bonds, accept the monumentation of the Tract as complete, and release the monument Release Monu bond. 13. The agreements for legal and financial advisory services and the Landowner Deposit Agreement to Amend Rate& provide funding for these services in order to begin the process of amending the rate and method of Method of apportioning special taxes for CFD 2005-1 (Rosedale)as requested by the landowner were approved. Apportionment CFD Rosedale 14. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 11-C11 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants TO BE PAID. 02/07/11 PAGE FIVE 4 SPECIAL CALL ITEMS Spec Call Award of Contract—City Hall L.E.D.Retrofit. Councilmember Macias addressed this item requesting that Macias staff look into the feasibility of upgrading the Marquee in front of City Hall to include color. City Marquee Moved by Councilmember Macias,seconded by Councilmember Hanks,and unanimously carried to award a contract for City Hall L.E.D. Retrofit to Advantage Project Builders of Azusa in the amount of$17,230 for City Hall L.E.D. the installation of the L.E.D.light fixtures. Retrofit Approved Advantage Project Bldrs THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT Cncl Recess 9:38 P.M. THE REDEVELOPMENT AGENCY ADJOURNED AND THE AZUSA PUBLIC Cncl Rend FINANCING AUTHORITY CONVENED AT 9:46 P.M.THE CITY COUNCIL RECONVENED AT 9:47 P.M. It was consensus of Councilmembers to adjourn in memory of Dolores "Lolita" Romero and Murray D. Adjourn in Hirota. Memory of D.Romero And M.Hirota TIME OF ADJOURNMENT: 9:48 P.M. CITY CLERK NEXT RESOLUTION NO.2011-C12 NEXT ORDINANCE NO.2011-02. 02/07/11 PAGE SIX O 114:410‘'‘',:,:,,,:-.77,:r..11. '' liga7/) AZUSA CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER VIA: F.M. DELACH, CITY MANAGER DATE: FEBRUARY 22, 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 February 8,2011,the Personnel Board confirmed the following Department Head recommendation regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPARTMENT NAME CLASSIFICATION ACTION/EFF RANGE/STEP DATE BASE MO SALARY RFS Eduardo Park Maintenance Merit Increase 4192/5 Vasquez Worker I 01/30/2011 $4,007.39 UTL Julio Picazo Water Distribution Merit Increase 5167/5 Worker I 01/28/2011 $4,458.81 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. (:;4/3_,,pit c7,ip j--//(j___ _ ditelAg) 451 ryoF'4: us CITY OF AZUSA MINUTES OF THE CITY COUNCIL SPECIAL MEETING MONDAY,JANUARY 31,2010—7:37 P.M. The City Council of the City of Azusa met in special session at the above date and time in the Azusa Light and Water Conference Room located at 729 N.Azusa Avenue,Azusa. Mayor Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Ferre,Manager Delach,Assistant City Manager Makshanoff, and Director of Economic, and Community Development Christiansen. Pub Part PUBLIC PARTICIPATION None. None. The City Council recessed at 7:39 p.m.and reconvened at 7:49. Rcss/Rcnvn CLOSED SESSION ITEMS Closed Session The City Council recessed to Closed Session at 7:50 p.m.to discuss the following: 1. CONFERENCE WITH LABOR NEGOTIATOR(Gov.Code Sec.54957.6) Labor Agency Negotiators: Administrative Services Director-Chief Financial Officer Kreimeier Negotiations and City Manager Delach Organizations: SEIU and APMA 2. REAL PROPERTY NEGOTIATIONS(Gov.Code Sec.54956.81 Real Prop Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiations Under Negotiation: Price and Terms of Payment a. BLOCK 36 Block 36 Address: 100 E.Foothill Boulevard, Azusa, CA 91702 614-640 N.Azusa Avenue, Azusa, CA 91702 Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency Address: 152 E.Foothill Boulevard, Azusa, CA 91702 Negotiating Parties: Bank of America&City of Azusa/City of Azusa Redevelopment Agency b. DOWNTOWN NORTH A2&A3 Site Downtown North Addresses: A2&A3 Site 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: City/Azusa Redevelopment Agency/Lewis Retail Centers 3. EXISTING LITIGATION(Gov.Code Sec.54956.9(a) Existing Redevelopment Agency of the City of Azusa v.Roy K.Fowler,et al. LASC Case No.BC Litigation 405916 Fowler The City Council reconvened at 8:34 p.m. City Attorney Ferre advised that there was no reportable action No Reports taken in Closed Session. Closed Session It was consensus of the Council Members to adjourn. Adjourn TIME ADJOURNMENT:8:35 P.M. CITY CLERK NEXT RESOLUTION NO. 11-05. 01/31/11 PAGE TWO tridiD0 ..�l� �"1"1111.111111 f C ,rK U` z . :� %;:',. .''':::'. rr �or+ -t 14 �. b;4 &' :' '��':P.:'. se As.- r r t : CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER VIA: F.M. DELACH, CITY MANAGER DATE: FEBRUARY 22, 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 February 8,2011,the Personnel Board confirmed the following Department Head recommendation regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPARTMENT NAME CLASSIFICATION ACTION/EFF RANGE/STEP DATE BASE MO SALARY RFS Eduardo Park Maintenance Merit Increase 4192/5 Vasquez Worker I 01/30/2011 $4,007.39 UTL Julio Picazo Water Distribution Merit Increase 5167/5 Worker I 01/28/2011 $4,458.81 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. LI t:f $rl '.. ,, $ yr 9,-1:::;.'",.:47.A`'€ C:1 `{aS 8"$ of '* e- ; :11D 473 # .. 4' -,;, 1, :',V14,,4" < fir .a., rma `4 t , t ,-f',*,ltfi4 las r., _,1fi1I017't„ 4, !s4 i� US. CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/CFO VIA: F. M. DELACH, CITY MANAGER DATE: FEBRUARY 22, 2011 SUBJECT: PURCHASE OF 2,450 CIRCUIT FEET OF 500 MCM PRIMARY COPPER CABLE (total footage—7,350') RECOMMENDATION It is recommended that Council waive the formal sealed bid process, and approve the issuance of a Purchase Order to HD Supply of Santa Fe Springs, CA, in an amount not to exceed $111,562 for the above referenced cable. BACKGROUND The City stocks in its inventory, 15KV 500 MCM Primary copper cable for use by the Electric Division for various electrical projects throughout the city. Now that the Rosedale Land Partners (RLP) are back and ready to complete the projects that were left unfinished, the Electric Division will be utilizing this cable for the Palm Drive Line Extension and Road Way Lighting project. In light of the continuous escalation in the price of raw materials and commodities like copper, the Purchasing Division solicited and received informal bids from four (4) known local vendors for the above mentioned copper cable. The results are listed on page 2 of this report, in terms of lowest price inclusive of sales tax and freight charges to the City of Azusa. 1 Vendor Location Price Lead Time HD Utility Supply: Santa Fe Springs, CA $111,562 3 -5 weeks ARO Wesco Distribution: City of Industry, CA $111,639.40 8-10weeks ARO One Source Distributors: Downey, CA $115,673 8-10 weeks ARO Consolidated Electrical Dist.: Pasadena, CA $142,466.29 7 weeks ARO FISCAL IMPACT There is no fiscal impact to the General Fund, as this cable will be purchased under Stores Inventory Account number 33000000001601, then will be charged to Light Division account number 33-40-733-670-7145 as it is checked out of Stores. 2 a - ( O'r a' ms'sx r `" � :7.7"""' a [ °, +k t"s i v� �vs i v � ....,2. ,..�,._ ..,�...,... ....a �_.�,.,_.... ,..�. _>� .,..� ....m '� ...,.hfl ...'�...: 8..,,.....��,v,tPf7e . ,�s'' CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER 1/W DATE: FEBRUARY 22, 2011 SUBJECT: CIP PROJECT NO. 66110G: NOTICE OF COMPLETION FOR TARGET INTERSECTIONS IMPROVEMENTS PROJECT 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: • Target Intersections Improvements Project No. 66110G — $366,392.27 — CT&F Incorporated, Bell Gardens, CA 90201 BACKGROUND As part of the Target Store Development, numerous mitigation measures were required around the Target site and various intersections around the City to alleviate the proposed increase in vehicle and pedestrian traffic. On March 15, 2010, the City Council awarded CIP 66110G, Target Intersection Improvements Project to CT&F, Inc. in a total amount of$331,786.40. On June 21, 2010, the City Council approved a change order in the amount of $46,260.00 for additional signal equipment required by Caltrans at the intersection of Azusa Avenue and First Street, increasing the total contract amount to $378,046.40. The project constructed a new traffic signal at the intersection of Azusa Avenue and Ninth Street and modified signals at the intersections of San Gabriel Avenue and Ninth Street, Foothill Boulevard and Azusa Avenue, and Azusa Avenue and First Street. Work on this project began on June 25, 2010 and all work was completed on January 26, 2011, several months behind schedule. Public Works is currently in the process of seeking liquidated damages from the contractor for not completing the project on schedule. FISCAL IMPACT The project was completed within budget at a total construction cost of$366,392.27. The project is listed in the FY 2009-2010 Capital Improvement Plan as project #66110G with an overall budget of$392,000. 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 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: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is 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"IN 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 as joint tenants or as tenants in common, are: NAMES ADDRESSES NONE 6. The full names and full addresses of the predecessors in interest of the undersigned,if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES NONE 7. A work of improvement on the property hereinafter described was completed on January 26.2011 . The work done was: Target Intersection Improvements Project No.66110G. 8. The name of the contractor,if any,for such work of improvement was: CT&F Incorporated,7228 Scout Avenue,Bell Gardens,CA 90201 April 5,2010 (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 Azusa Avenue and Ninth Street, San Gabriel Avenue and Ninth Street,Foothill Boulevard and Azusa Avenue,and Azusa Avenue and First 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: I am the person who signed the foregoing notice of completion.I have read said notice of completion and know its contents,and the facts stated therein are true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on at (DATE) (CITY,COUNTY,&STATE) (SIGNATURE) a 411 -4* 1--- .. (..),,izie .. . . t F-- ra.i: 1 C'9t lFOu--, us ... CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER)0 DATE: FEBRUARY 22, 2011 SUBJECT: A RESOLUTION SUPPORTING THE STATE ROUTE 57/STATE ROUTE 60 MIXED FLOW INTERCHANGE IMPROVEMENTS RECOMMENDATION It is recommended that the City Council approve a resolution supporting the State Route 57/State Route 60 mixed flow interchange improvements as identified in the Los Angeles County METRO 2008 Long Range Transportation Plan and in the Southern California Association of Governments 2008 Regional Transportation Plan BACKGROUND State Route 60 is the heaviest traveled truck route in California and has been identified by the Global Gateways Development Program as a"key international trade corridor." The State Route 57/State Route 60 freeway interchange is at the heart of this national goods movement corridor and is a gateway to the distribution centers of the Inland Empire, while serving as a major commuter arterial between the counties of Los Angeles, Orange, Riverside, and San Bernardino. The current inefficient design of the State Route 57/60 freeway interchange causes gridlock for miles in all directions. This gridlock creates delays in transportation of goods, increasing transportation costs to businesses, extending commute times, and harming air quality across the region. Significant improvements to this interchange are essential to protect economic and quality of life interests both regionally and nationally. As such, the City of Azusa would benefit from improving the State Route 57/60 interchange. FISCAL IMPACT There is no fiscal impact associated with passing this resolution. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA SUPPORTING THE STATE ROUTE 57/STATE ROUTE 60 MIXED FLOW INTERCHANGE IMPROVEMENTS AS IDENTIFIED IN THE LOS ANGELES COUNTY METRO 2008 LONG RANGE TRANSPORTATION PLAN AND IN THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS 2008 REGIONAL TRANSPORTATION PLAN WHEREAS, the City of Azusa supports regional traffic congestion relief and national goods movement corridor enhancements;and WHEREAS, over 40%of all U.S. imports enter the country at the ports of Los Angeles and Long Beach,generating billions of dollars in trade and millions of jobs; and WHEREAS,50-60%of all imports arriving in the ports are bound for points beyond the local area, and must travel through Southern California's already congested transportation corridors;and WHEREAS, State Route 60 is the heaviest traveled truck route in California and has been identified by the Global Gateways Development Program as a"key international trade corridor";and WHEREAS, the State Route 57/State Route 60 Freeway Interchange is at the heart of this national goods movement corridor and is a gateway to the distribution centers of the Inland Empire, while serving as a major commuter arterial between the counties of Los Angeles, Orange, Riverside, and San Bernardino;and WHEREAS,the inefficient design of the State Route 57/60 Freeway Interchange causes perpetual gridlock for miles in all directions, delaying goods, increasing transportation costs to businesses, extending commute times,and harming air quality across the region;and WHEREAS, significant improvements to this interchange are essential to protect economic and quality-of-life interests both regionally and nationally;and WHEREAS, the construction of the State Route 57/60 Mixed Flow Interchange Project has been identified in the Los Angeles County Metro Long Range Transportation Plan and the Southern California Association of Governments Regional Transportation Plan. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City of Azusa supports the construction of the SR-57/60 Mixed Flow Interchange Project, recognizing its regional and national significance;and SECTION 2. That the City of Azusa urges state and federal agencies to provide funding for the construction of the SR-57/60 Mixed Flow Interchange Project;and SECTION 3. A certified copy of this resolution shall be forwarded to representative state and federal officials, Los Angeles County Metropolitan Transportation Authority, the Southern California Association of Governments, and the City of Diamond Bar. PASSED AND APPROVED THIS 22ND DAY OF FEBRUARY, 2011. Joseph R. Rocha, Mayor I HEREBY CERTIFY that the foregoing Resolution was duly passed and adopted by the City Council of the City of Azusa, at a regular meeting of said City Council held on February 22, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Vera Mendoza, City Clerk 7; . 0F 4. '' c , cry zy�°t �Vis;a 'in— , ,S " z r�� sP��.r.. .a: b. ?Jr., .d. 5. < ,z:%�:,u." .,.:,i 4a 1, -I: •R S; « , ,.<. ...:� ..�..,.�. ,sr ,. ..,. ., -_:..: .r�:s:.x:..:Xt # ., .Y,. '4,T -;:btu' s ,3;.;: ,+� aaF,:.T:^ 3,:�J«,W,F•(. ,4g t`'f` F`F:'� r� s y F... ? -,.,... ,�, s .. ,,.,._.. ,,.. ." .. �. ,.,,.. �._ . z, „r;...,._.,.. ..,:..,.... _.<,�,:fir;.-.,k. o ..„,,,... ...,.f, s,.,....Y'w., ,t�'2 r, ,....r�s...� ,.y...•<.... `�....,,.,, t�...r....... _<,<: ., -..P t S N i- ,•�...'s ;s F, `•7 �� a r;..;. l.,<*.ar,.., a�'�r£ :_�°.. :r.w^,>? .1,✓: ,,, .H.!,< 3't .e;.c. 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DELACH, CITY MANAGER/EXECUTIVE DIRECTOR DATE: FEBRUARY 22, 2011 SUBJECT: LOAN AGREEMENT AND BUDGET AMENDMENT FOR SUPPLEMENTAL EDUCATIONAL REVENUE AUGMENTATION FUND (SERAF) PAYMENT RECOMMENDATION It is recommended that the City Council/Agency Members 1) adopt the resolutions approving the agreement with the City to loan funds to the Agency to pay the Supplemental Education Revenue Augmentation Fund (SERAF) obligation; 2) adopt the resolutions approving the budget amendment of $512,545; and 3) authorize execution of the necessary documents by the City Manager/Executive Director. EXECUTIVE SUMMARY The State of California adopted their budget, which included a SERAF payment from every redevelopment agency in the state. For FY 2010/11, the Redevelopment Agency of the City of Azusa is obligated to pay $512,545 to Los Angeles County for deposit into the SERAF Fund by May 10, 2011 . Staff requests that the City loan the Agency the funds necessary to pay the County. BACKGROUND In 2009, the State of California adopted Budget Trailer Bill AB 26 4x. This bill requires redevelopment agencies to make a SERAF payment to help address the state budget shortfall. For FY 2010/11 , each redevelopment agency in the State of California will be required to remit its share of contribution, totaling $350 Million, to its county SERAF. The two-year cumulative total is $2.05 Billion. Each agency's contribution is predicated on a formulaic calculation based on FY 2006/07 net and gross tax increment shares determined by the California State Department of Finance. For Azusa's Redevelopment Agency, the two-year total payment will equate to $3,004,403 of which $2,491,858 was paid in FY 2009/10. Although the California Redevelopment Association is appealing the May 2010 Sacramento Superior Court decision that upheld the legality of the assembly bill, the Agency must still comply with legal requirements. One of those requirements is that by March 1, 2011, the legislative body is required to notify the county auditor as to how the Agency intends to fund its SERAF payment. The SERAF payment can be made from any funds available to the Agency. Because the Agency's funds are encumbered for its various ongoing projects and debt service obligations, it is recommended that the City Council/Agency Board approve a Loan Agreement, attached herein, to loan the necessary funds to the Agency to pay its SERAF obligation. The total loan of $512,545 will be apportioned to the Merged and Ranch Center Projects in the amounts of $504,059 and $8,486, respectively, and will accrue interest at 6% per annum until repaid. Although the term of the loan is one year, this term may be extended by mutual consent of both parties. FISCAL IMPACT This financial obligation was not budgeted in the FY 2010/11 budget, and requires City and Agency appropriation amendments to the budget. A City loan will provide the funds to pay this Agency obligation. KC:SP Attachments: 1. A Resolution of the Redevelopment Agency of the City of Azusa Requesting a Loan from the City of Azusa for Purposes of the Merged And Ranch Center Redevelopment Project Areas, with Attached Loan Agreement Between the Redevelopment Agency and the City of Azusa 2. A Resolution of the City Council of the City of Azusa Authorizing Loans for Purposes of the Merged and Ranch Center Redevelopment Project Areas 3. A Resolution of the City of Azusa Approving Appropriation Amendments for Fiscal Year 2010/11 Pursuant to Section 2-450 of the Azusa Municipal Code 4. A Resolution of the Redevelopment Agency of the City Of Azusa Approving Appropriation Amendments for Fiscal Year 2010/11 Pursuant to Section 2-450 of the Azusa Municipal Code • RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING A LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED AND RANCH CENTER REDEVELOPMENT PROJECT AREAS WHEREAS, pursuant to California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) (`CRL"), the Redevelopment Agency of the City of Azusa ("Agency") is engaged in activities necessary to implement the redevelopment plans ("Redevelopment Plans") for the Merged and Ranch Center Project Areas ("Project Areas"); and WHEREAS, the State legislature passed AB 26 4x, as amended by Senate Bill 68, as a budget balancing measure, which requires redevelopment agencies statewide to make payments totaling $350,000,000 to county Supplemental Educational Revenue Augmentation Funds("SERAF") during Fiscal Year 2010-11; and WHEREAS, by March 1, 2010, the legislative body, City Council, has to report to the County Auditor how the Agency intends to fund the required SERAF payment for Fiscal Year 2010-11; and WHEREAS, because the Agency has insufficient funds to make the SERAF payment out of Agency funds, the Agency requests that the City Council determine that the City loan the funds to the Agency to make the 2010-11 SERAF payment; and WHEREAS,the City of Azusa is authorized,pursuant to Section 33620, et. seq., of the Health and Safety Code of the State of California (California Redevelopment Law) to make loans to the Agency for the purposes of defraying said expenses; and WHEREAS, the Parties now desire to enter into this Loan Agreement to memorialize the terms and conditions of the City loan to the Agency for the SERAF payment; NOW, THEREFORE, BE IT RESOLVED by the Agency Members of the Redevelopment Agency of the City of Azusa that: Section 1. Pursuant to the provisions of said Section 33620, et. seq., of the California State Health and Safety Code, the Agency Members hereby authorize the Redevelopment Agency of the City of Azusa to request a Loan from the City of Azusa for purposes of the Merged and Ranch Center Redevelopment Projects. Section 2. The Agency pledges to accept and administer any funds loaned to it pursuant to this request in accordance with the provisions of Section 33620, et. seq., of the Health and Safety Code. Section 3. The Agency requests that authorization for repayment of the loan shall be evidenced by a Loan Agreement(in the form attached as Exhibit A)of the Agency containing the following terms, in addition to all usual and customary terms: LOAN INT. BORROW PLEDGED AMOUNT PROJECT RATE TERM FROM REVENUE SOURCES $512,545 FY 2010/11 SERAF 6.0% 1 Year, unless City of Tax Increment, Payment: extended by Azusa Other Available Merged Project Area mutual consent of Revenues Portion: $504,059 both parties' Ranch Center Project designees Area portion: $8,486 The loan listed herein is payable according to the terms of the Note. The Note is payable from accumulated tax increment funds in excess of those pledged for payment of Agency bonded indebtedness or superior debt, and/or from any other funds available to the Agency from which such payment may legally be made. The Note may be prepaid at any time without penalty. Section 4. The Chairperson of the Agency or his/her designee is hereby authorized and directed to execute, on behalf of the Agency, the Note to the City of Azusa in accordance with the provisions of Section 3 hereof. Section 5. The Agency Secretary shall certify the adoption of this Resolution. PASSED AND ADOPTED this day of ,2011. Chairperson I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting held on the day of , 2011. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary EXHIBIT A LOAN AGREEMENT (SERAF Loan) between REDEVELOPMENT AGENCY OF THE CITY OF AZUSA a public body, corporate and politic and CITY OF AZUSA a California municipal corporation [Dated as of February 22, 2011 for reference purposes only.] THIS LOAN AGREEMENT ("Agreement") is dated as of February 22, 2011, by and between the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body corporate and politic ("Agency"), and the CITY OF AZUSA, a California municipal corporation ("City"). Agency and City are sometimes referred to in this Agreement individually as "Party"and collectively as"Parties." RECITALS This Agreement is entered into with reference to the following recitals of fact ("Recitals") that Agency and City believe to be true, as of the date each Party executes this Agreement: A. Pursuant to California Community Redevelopment Law(Health and Safety Code Section 33000, et seq.) ("CRL"), the Agency is engaged in activities necessary to implement the redevelopment plans("Redevelopment Plans")for the Merged and Ranch Center Project Areas("Project Areas"). B. The State legislature passed AB 26 4x, as amended by Senate Bill 68, as a budget balancing measure, which requires redevelopment agencies statewide to make payments totaling $350,000,000 to county Supplemental Educational Revenue Augmentation Funds ("SERAF") during Fiscal Year 2010-11. C. By March 1, 2011,the legislative body, City Council, had to report to the County Auditor how the Agency intended to fund the required SERAF payment for Fiscal Year 2010-11. D. Because the Agency has insufficient funds to make the SERAF payment out of Agency funds, the City Council has determined the City will loan the funds to the Agency to make the 2010-11 SERAF payment. E. The Parties now desire to enter into this Loan Agreement to memorialize the terms and conditions of the City loan to the Agency for the SERAF payment. NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by Agency and City,the Parties agree as follows: ARTICLE 1. EFFECTIVE DATE. 1.1 Effective Date of Agreement. This Agreement is dated February 22, 2011 for reference purposes only. This Agreement shall not become legally effective or binding until the date on which all of the following are true("Effective Date"): 1.1.1 Following all legally required notices and hearings, this Agreement is ratified by the Governing Board of Agency and the City Council of City; 1.1.2 This Agreement is executed by the authorized representative of Agency and delivered to City; and 1.1.3 This Agreement is executed by the authorized representative of City and delivered to Agency. ARTICLE 2. TERMS REGARDING CITY LOAN TO AGENCY. 2.1 City Loan to Agency; Loan Amount. No later than May 5, 2011, City shall loan to Agency the sum of FIVE HUNDRED TWELVE THOUSAND FIVE HUNDRED FORTY-FIVE DOLLARS AND NO/100 ($512,545.00)("Loan Amount") in immediately available funds. 2.2 Use of Loan Amoun#. The Loan Amount shall be used by Agency for the sole purpose of making the Agency's required SERAF Payment pursuant to AB 26, as amended by SB 68. Of the total Loan Amount, $504,059 is loaned to the Merged Project and $8,486 is loaned to the Ranch Center Project, each amount representing shares owed by the individual Project Areas. 2.3 Agency Repayment of Loan Amount. Agency agrees to repay the Loan Amount, with interest, pursuant to the terms and conditions of this Agreement and the Promissory Note attached to this Agreement as Exhibit A and incorporated into this Agreement by this reference. ARTICLE 3. GENERAL TERMS. 3.1 Notices and Demands. All notices or other communications required or permitted between Agency and City under this Agreement shall be in writing, and may be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested, (iii) sent by telecopier, or (iv) sent by nationally recognized overnight courier service (e.g., Federal Express), addressed to the Parties at the addresses provided in this Section 3.1, subject to the right of either Party to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the second (2nd) business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by telecopier or courier service (e.g., Federal Express), shall be deemed given upon receipt of the same by the Party to whom the notice is given. If to the Agency: Redevelopment Agency of the City of Azusa 213 East Foothill Boulevard Azusa, California 91702 Attention: Executive Director If to the City: City of Azusa 213 East Foothill Boulevard Azusa, California 91702 Attention: City Manager 3.2 Time Is Of The Essence. Time is of the essence in the performance of the Parties' obligations under this Agreement. 3.3 No Third Party Beneficiaries. This Agreement is expressly declared to be for the sole benefit of the Parties hereto. No other person or entity not a signatory to this Agreement shall have any rights or causes of actions against any Party to this Agreement because of that Party's entry into this Agreement. 3.4 Assignment. City may not assign any of its rights or obligations under this Agreement without the prior express written consent of Agency, which may be given or withheld in Agency's sole and absolute discretion. 3.5 Failure to Strictly Enforce Not a Waiver. Failure by any Party to this Agreement to insist upon the strict performance of any provision of the Agreement or at any one or more times shall not be deemed to constitute a waiver of that Party's right to insist upon strict performance of that or any other provision of this Agreement on future occasions. No alleged waiver of any right afforded to any Party under this Agreement shall be effective unless in writing. 3.6 Attorneys' Fees. In the event that any action or proceeding is commenced by either Agency or City against the other to interpret or enforce any provision of this Agreement, the prevailing Party in such action or proceeding shall be entitled to recover from the non-prevailing Party, in addition to all other relief to which the prevailing Party may be entitled, the prevailing Party's reasonable attorneys' fees and litigation costs, as established by a court of law. Recoverable costs and fees shall include those incurred on appeal and in the enforcement of any judgment. 3.7 Amendments and Modifications, This Agreement may be amended only by a written document, duly subscribed by the Parties hereto. 3.8 Counterparts. This Agreement may be executed in two (2) counterpart originals, each of which shall be deemed to be an original, but, when taken together, shall constitute one and the same instrument. [Signatures on Following Pages] • SIGNATURE PAGE TO LOAN AGREEMENT AGENCY: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA a public body, corporate and politic By: F.M. Delach Executive Director Date: ATTEST: By: Agency Secretary Redevelopment Agency of the City of Azusa APPROVED AS TO LEGAL FORM: BEST BEST&KRIEGER LLP By: Agency Counsel Redevelopment Agency of the City of Azusa Ij • SIGNATURE PAGE TO LOAN AGREEMENT CITY: CITY OF AZUSA a California municipal corporation By: F.M. Delach City Manager Dated: ATTEST: By: City Clerk City of Azusa APPROVED AS TO LEGAL FORM: By: City Attorney City of Azusa EXHIBIT A TO LOAN AGREEMENT Promissory Note [Attached Behind This Page] • REDEVELOPMENT AGENCY OF THE CITY OF AZUSA MERGED AND RANCH CENTER PROJECT AREAS UNSECURED PROMISSORY NOTE .2011 FOR VALUE RECEIVED, this Unsecured Promissory Note is dated as of , 2011 ("Promissory Note")and evidences an indebtedness of the Redevelopment Agency of the City of Azusa,a public body, corporate and politic ("Maker"), to the City of Azusa, a California municipal corporation ("Holder"). For value received, Maker hereby promises to pay to the order of Holder, at such address as Holder shall designate, the Loan Amount(as defined in the Agreement), with interest, in accordance with the terms of this Promissory Note. 1. Loan Agreement. The rights and obligations of Maker and Holder under this Promissory Note are made with respect to that certain agreement entitled "Loan Agreement" dated February 22, 2011 by and between Maker and Holder("Agreement"), as approved by Resolution Number of Maker, dated , 2011 and Resolution Number of Holder, dated , 2011. The terms and provisions of the Agreement are incorporated into this Promissory Note by this reference. All initially capitalized terms used but not otherwise defined in this Promissory Note shall have the meaning ascribed to them in the Loan Agreement. 2. Unsecured Obligation. The Maker's obligations under this Promissory Note are not secured by any instrument encumbering any property or asset of Maker. 3. Repayment of Promissory Note. Maker shall pay to the order of Holder the Loan Amount, with interest accruing at a rate of SIX percent (6_0%) per annum beginning on the date of distribution of funds from the City to the Agency,as follows: 3.1 Maker promises to pay to the order of Holder the Loan Amount, with interest, one year after the date of distribution of funds from the City to the Agency("Maturity Date"). The entire unpaid balance of the Loan Amount shall be immediately due and payable upon the Maturity Date, and Maker shall tender to Holder such amount on or before the Maturity Date, unless extended by mutual consent of both parties' designees. 3.2 All payments due hereunder are payable in lawful money of the United States in same day funds. The Loan Amount may be prepaid, in whole or in part, at any time and from time to time without penalty or premium. 3.3 The entire unpaid balance of the Loan Amount shall be due and payable, prior to the Maturity Date upon Maker's material breach any of the obligations of this Promissory Note or the Agreement("Event of Default"). 3.4 Maker's obligation to pay the unpaid principal balance of the Loan Amount shall be limited to the available funds of Maker which are not otherwise encumbered as of the date of this Promissory Note. 1 • 3.5 This Note is a subordinate lien and is payable from tax increment revenues in excess of those pledged for Agency bonded indebtedness and any other superior debt, and/or payable from any other resources available to the Agency from which such payment may legally be made, allocated to and received by the Agency for the Merged and Ranch Center Redevelopment Project Areas. 4. Assignment. Holder shall have no power to transfer or assign its right to receive any payment under this Promissory Note, unless Maker has first granted written approval to Holder for such a proposed assignment, in the Maker's sole and absolute discretion. 5. Severability. The unenforceability or invalidity of any provision or provisions of this Promissory Note as to any persons or circumstances shall not render that provision or those provisions unenforceable or invalid as to any other person or circumstances, and all provisions hereof, in all other respects, shall remain valid and enforceable. 6. Governing Law. The validity, interpretation and performance of this Promissory Note shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws principles. 7. Jurisdiction and Venue. The Holder and the Maker acknowledge and stipulate that the obligation hereunder was entered into in the County of Los Angeles, California. Any legal action or proceeding to interpret, enforce, or which in any way arises out of this Promissory Note shall be instituted and prosecuted in the appropriate court in the County of Los Angeles, California. Holder and Maker expressly waive, to the maximum legal extent, any legal right either Party may have to have such action or proceeding transferred to or prosecuted in any other court or jurisdiction. 8. Amendments and Modifications. This Promissory Note may be amended or modified only in writing signed by the Holder and the Maker. 9. Time of the Essence. Time is of the essence of this Promissory Note. [Signatures on Following Page] 2 SIGNATURE PAGE TO REDEVELOPMENT AGENCY OF THE CITY OF AZUSA UNSECURED PROMISSORY NOTE MAKER: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body, corporate and politic By: F.M. Delach Executive Director Date: ATTEST: By: Agency Secretary Redevelopment Agency of the City of Azusa APPROVED AS TO LEGAL FORM: BEST BEST&KRIEGER LLP By: Agency Counsel Redevelopment Agency of the City of Azusa 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR PURPOSES OF THE MERGED AND RANCH CENTER REDEVELOPMENT PROJECT AREAS WHEREAS,pursuant to California Community Redevelopment Law(Health and Safety Code Section 33000,et seq.) ("CRL"), the Redevelopment Agency of the City of Azusa ("Agency") is engaged in activities necessary to implement the redevelopment plans ("Redevelopment Plans") for the Merged and Ranch Center Project Areas("Project Areas"); and WHEREAS, the State legislature passed AB 26 4x, as amended by Senate Bill 68, as a budget balancing measure, which requires redevelopment agencies statewide to make payments totaling$350,000,000 to county Supplemental Educational Revenue Augmentation Funds ("SERAF") during Fiscal Year 2010-11; and WHEREAS,by March 1,2011,the legislative body,City Council,has to report to the County Auditor how the Agency intends to fund the required SERAF payment for Fiscal Year 2010-11; and WHEREAS, because the Agency has insufficient funds to make the SERAF payment out of Agency funds,the City Council has determined the City will loan the funds to the Agency to make the 2010-11 SERAF payment; and WHEREAS,the City of Azusa is authorized,pursuant to Section 33620,et. seq.,of the Health and Safety Code of the State of California(California Redevelopment Law)to make loans to the Agency for the purposes of defraying said expenses; and WHEREAS,the Parties now desire to enter into this Loan Agreement to memorialize the terms and conditions of the City loan to the Agency for the SERAF payment; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa that: Section 1. Pursuant to the provisions of said Section 33620,et. seq.,of the Health and Safety Code,the City Council hereby authorizes to the Redevelopment Agency of the City of Azusa the following loan for the Merged and Ranch Center Redevelopment Projects. Section 2. The Agency shall accept and administer any funds loaned to it pursuant to this request in accordance with the provisions of Section 33620, et. seq., of the Health and Safety Code. Section 3. Such loan shall be evidenced by a Loan Agreement between the City and the Agency containing the following terms, in addition to all usual and customary terms: LOAN INT. BORROW PLEDGED REVENUE AMOUNT PROJECT RATE TERM FROM SOURCES $512,545 FY 2010/11 SERAF 6.0% 1 Year, unless extended by City of Tax Increment, Other Payment: mutual consent of both parties Azusa Available Revenues Merged Project Area Portion: $504,059 Ranch Center Project Area Portion: $8,486 The loan listed herein is payable according to the terms of the Note. The Note is payable from accumulated tax increment funds in excess of those pledged for payment of Agency bonded indebtedness or superior debt,and/or from any other funds available to the Agency from which such payment may legally be made. The Note may be prepaid at any time without penalty. Section 4. The City Council of the City of Azusa is hereby authorized and directed to accept,on behalf of the Agency, the Note to the City of Azusa in accordance with the provision of Section 3 hereof. Section 5. The City Clerk shall certify the adoption of this Resolution. PASSED AND ADOPTED this day of , 2011. Mayor I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City of Azusa at a regular meeting thereof, held on the day of ,2011. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: City Clerk RESOLUTION NO A RESOLUTION OF THE CITY OF AZUSA APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR 2010/11 PURSUANT TO SECTION 2-450 OF THE AZUSA MUNICIPAL CODE WHEREAS,on June 21,2011,the City Council passed Resolution No. 10-C34,adopting the Budget and approving the appropriations for the City of Azusa for the fiscal year comjnencing July 1,2010 and ending June 30, 2011; and WHEREAS,Section 2-450 of the Azusa Municipal Code provides for the amendment of said Budget, when required for the operation of the City; and WHEREAS, certain appropriation amendments are, in fact,required as summarized below: Appropriation Amendment Summary: Appropriation of$512,545 to loan funds to the Redevelopment Agency of the City of Azusa to fund its FY 2010/11 Supplemental Educational Revenue Augmentation Fund (SERAF) payment obligation. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Azusa does hereby approve the Budget Amendment and order the same to be recorded in the City's books of account and henceforth to be a part of said Budget as if adopted with the original thereof ADOPTED AND APPROVED this day of , 2011. Mayor I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City of Azusa at a regular meeting thereof, held on the day of , 2011. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: City Clerk RESOLUTION NO A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR 2010/11 PURSUANT TO SECTION 2-450 OF THE AZUSA MUNICIPAL CODE WHEREAS,on June 21,2010,the Agency Members passed Resolution No. 10-R21,adopting the Budget and approving the appropriations for the Redevelopment Agency of the City of Azusa for the fiscal year commencing July 1, 2010 and ending June 30, 2011; and WHEREAS,Section 2-450 of the Azusa Municipal Code provides for the amendment of said Budget, when required for the operation of the Agency; and WHEREAS, certain appropriation amendments are, in fact, required as summarized below: Appropriation Amendment Summary: Appropriation of $512,545 to fund the Supplemental Educational Revenue Augmentation Fund(SERAF) payment obligation using a loan from the City,of which$504,059 is an appropriation of the Merged Project debt service fund and$8,486 is an appropriation of the Ranch Center debt service fund. NOW THEREFORE BE IT RESOLVED that the Agency Members of the Redevelopment Agency of the City of Azusa do hereby approve the Budget Amendment and order the same to be recorded in the Agency's books of account and henceforth to be a part of said Budget as if adopted with the original thereof. ADOPTED AND APPROVED this day of , 2011. CHAIRMAN I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Agency Members of the Redevelopment Agency of the City of Azusa at a regular meeting thereof on the day of , 2011, by the following vote of Agency Members: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: SECRETARY 1r "OF4�G C nx 4i CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY,FEBRUARY 7,2011—9:38P.M. The Board of Directors of the Redevelopment Agency of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium,213 E.Foothill Blvd.,Azusa CA. Chairman Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA ABSENT: DIRECTORS: NONE ALSO PRESENT: Also Present General Counsel Carvalho, Executive Director Delach, Assistant Executive Director Makshanoff, • Department Heads,Secretary Mendoza,Deputy Secretary Toscano. AGENCY SCHEDULED ITEMS RESOLUTION OPPOSING THE ELIMINATION OF REDEVELOPMENT • Director Gonzales offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA OPPOSING Res. 11-R4 THE GOVERNOR'S PROPOSAL TO ABOLISH REDEVELOPMENT AGENCIES IN CALIFORNIA. Oppose Governor's Proposal Moved by Director Gonzales, seconded by Director Carrillo to waive further reading and adopt. To abolish Resolution passed and adopted by the following vote of the Agency: Redevelopment AYES: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE The CONSENT CALENDAR consisting of items F-1 through F-5 was approved by motion of Director Consent Cal. Gonzales seconded by Director Hanks and unanimously carried. Approved 1. Minutes of the regular meeting of January 18, 2011 were approved as written. Chairman Rocha Min appvd abstained from the minutes as he was absent from that meeting. 2. The Agency Treasurer's Report as of December 31,2010,was received and filed. Treas Rpt 3. Approval was given for a contract with LSA Associates,Inc.to provide consultant services for the LSA Associates environmental analysis of the proposed Atlantis Gardens Project and the Executive Director was Environmental authorized to execute the City's standard professional services agreement for a term of 12 months in Analysis an amount not to exceed$37,800. Atlantis Gardens 4. The Executive Director was authorized to enter into an Exclusive Negotiation Agreement with Mercy ENA Housing California for the purpose of negotiating a Disposition and Development Agreement for the Mercy Housing rehabilitation of the Atlantis Gardens neighborhood. 1 5. Resolution authorizing payment of warrants by the Agency was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res. I1-R5 ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT Warrants AGENCY FUNDS. SPECIAL CALL ITEMS Spec Call Items None. None It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn TIME OF ADJOURNMENT:9:45 P.M. SECRETARY NEXT RESOLUTION NO. 11-R6. 02/07/11 PAGE TWO WARRANT REGISTER NO.8 WARRANTS DATED 1/01/11 THROUGH 1/15/11 FIS Y R10- FOR REDEVELOPMENT AGENCY MEETING OF 2-22-11 RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as hereinafter set forth: 80-110-REDEVELOPMENT ADMINISTRATION FUND $ 26,381.28 80-125-CBD CAPITAL PROJECTS FUND 16,256.00 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 11,498.07 81-165-LM MRG TABO8B 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 TOTAL ALL FUNDS: $ 54,135.35 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 02/15/11 OPEN H O LD DB LISTING By /Entity Nacre Page r i 15, 2011, 2:03 FM --- eq: RUBY lag: GL JL---loc: BI-TFCH---job: 798753 ##3577----p4m: CH400 <1.34> rpt id: C IFLIR02 SELECT FLU Codes: 80-82 ; Check Issue Dates: 010111-011511 PE ID PE Nane ACI Nr NDN / LLB N vIBER Invoice Nutter Description St Disc. AIL. Dist: Amt. V12936 A-FAB WELDING & 8010125000-6815 1732 FABRICT 'TRASH BI PD 0.00 858.50 V12936 A-FAB WELDII43 & 8010125000-6815 1739 TRASH BIN PONDER PD 0.00 600.00 PEID t'Vd: 0.00 PPaaiid: 1,458.50 Total : 1,458.50 V01305 AZLJA CITY EMPLO 8000000000-3035 2610/1101001 PY01/11 PD 0.00 285.00 PEID Uflaaid: 0.00 P d: 285.00 Total: 285.00 V10604 AZUSA MALE MAN 8000000000-3020 2618/1101001 PY01/11 PD 0.00 35.00 PEIDd: 0.00 �d: 35.00 Total : 35.00 V05804 BEST BEST & KRIE 8110155000-6301/505320-6301 643154 LCW MID HOUSING; PD 0.00 105.00 PELU t1 d: 0.00 Paid: 105.00 Total: 105.00 V10398 BA INC. 8010110000-6601 2302 AD/BUSI FRIENDLY PD 0.00 800.00 PEID Lhid: 0.00 PPaa�id: 800.00 Total: 800.00 V06783 C1'11SIPEEr 8000000000-3010 2310/1101001 PY01/11 PD 0.00 586.83 V06783 Cl'1'1SIREET 8000000000-3010 2315/1101001 PY01/11 PD 0.00 125.08 V06783 C:1'I1SIREEr 8000000000-3010 1310/1101001 PY01/11 PD 0.00 9,266.98 PEID U id: 0.00 P d: 9,978.89 Tonal : 9,978.89 V03126 IINCOLN I\ATICNAL 8000000000-3010 1320/1101001 PY01/11 PD 0.00 45.00 V03126 u tDLN NZTICNAL 8000000000-3010 2325/1101001 PY01/11 PD 40.00 50.00 0 City of Azusa HP 9000 02/15/11 OPEN HOLD DB L I S T I N G Person/Entity Pace 'TUE; FEB 15, 2011, 2:03 ISI ---req: RUBY leg: GL JH L---lcc: BI-TB ---jab: 798753 #3577-=-pgi : OA401.34> rpt id: OI-IFLTRO2 SEDT RND Odes: 80-82 ; Check Issue Dates: 010111-011511 PE ID PE NarrE ACC NT NU" / JCB NUAPER Invoice Nutter T scription St Disc. AIL. Dist. Ant. -_PEID ih�id:- ---0..00 PPaaiid: 95.00 Total : 95.00 V12156 LOPATA, NARVIN E 8010125000-6235 01610 APPRAI=SAL/229S A PU 0.00 7,000.00 PEID Unpaid: 0.00 Paid: 7,000.00 Total : 7,000.00 V10322 M & T BANK 8000000000-3010 MIBANK-1/6/11 Defrd Ctrrp Pbl/P PD 0.00 369.17 PElU d: 0.00 Paid: 369.17 Total: 369.17 V065728N AZUSA/TEMP PU 0.00 830.64 NATIONAL CONST8010125000-6815/505800-6815 3094956 8505800-6815 3086610 58NTEMP PD 0.00 4,619.94 PEID Unpaid: 0.00 Paid: 5,450.58 Total: 5,450.58 V00540 OienCE DEPOT INC 8010110000-6530 545173144001 319-275 HP BLACK PD 0.00 149.60 V00540 OEt.10E DEPOT INC 8010110000-6530 545066705001 843505 OkFTCE DE PD 0.00 6.65 V00540 0 iCE DEPJI' INC 8010110000-6530 545173144001 498162 AVERY TAB PD 0.00 2.55 PEIDUpid: 0.00 Paid: 158.80 Total: 158.80 V10053 SSD INSURAN 8000000000-3044 1221/1101001 PY01/11 PO 0.00 132.64 PEIll Unpaid: 0.00 Paid: 132.64 Total: 132.64 V11824 URBAN FUTURES IN 8110155000-6345/505320-6345 1210020 MIHLY REIANER CC PD 0.00 5,296.15 V11824 . URBAN FUTURES IN 8010110000-6345 1210020 MIHLY RETANER CC PD 0.00 274.64 V11824 URBAN FUTURES IN 8010125000-6345/508000-6345 1210019 PROF.SVCS.INOIC PD 0.00 1,170.00 V11824 URBAN FUTURES IN 8010110000-6345/504700-6345 1210020 MIHLY REIANER CC PD 0.00 1,255.37 V11824 URBAN FUTURES IN 8010110000-6345/504700-6345 1210019 PROF.SVCS.INOIC PD 0.00 1,571.25 City of Azusa HP 9000 02/15/11 OPEN HOLD DB LISTING 'ILI, NLB 15, 2011, 2:03 RSI ---req: RUBY leg: Q, JL---loc: BI-TD H---job: 798753 #3577--- CH400t<1.34 P 2 Pan rpt id: OF�F'LTR02 SELEET FUND Clxles: 80-82 ; Check Issue Rtes: 010111-011511 PE ID PE Nacre P.LmNT NIN]BER / JOB NINA Invoice Nurber Eesciipticn St Disc. Ant. Dist. Arrt. V11824 ^ URHAN FUTURES IN 8110155000-6345/505320-6345 1210019 PROF.SVCS.INVOIC PD 0.00 3,900.00 V11824 URBAN FUTURES IN 8010125000-6345/508000-6345 1210020 MTHLY REL4NER CC PD 0.00 1,176.92 V11824 URBAN FUTURES IN 8010110000-6345 1210019 PRJF.SVCS.INVOIC PD 0.00 2,902.50 V11824 URBAN FUTURES IN 8110155000-6345/505315-6345 1210020 MIHLY REIANER CC PD 0.00 2,196.92 PE1Dd: 0.00 Paid: 19,743.75 Total: 19,743.75 V04678 VEIIUKN WIREL SS 8010110000-6915 0935847761 0935847761 invoi PO 0.00 10.00 V04678 VFRIZM WIRELESS 8010110000-6915 0935836826 0935836826 invoi PD 0.00 88.02 PElU d: 0.00 �d: 98.02 Total: 98.02 V07755 WELLS FARC3D BANK 8010110000-6610 718747 2003 TAB RND AD PD 0.00 2,500.00 V07755 WELLS FARO BANK 8010110000-6610 712730 2008B TAB B2ND A PD 0.00 2,500.00 V07755 WELLS FARM HANK 8010110000-6610 718558 2008A TAB BJJD A PD 0.00 2,500.00 PEIDd: 0.00 Paid: 7,500.00 Total: 7,500.00 V12216 ZCEI Iv1EL,K, DAVID 8010110000-6630 120510 Event date: 12/5 Hi 0.00 925.00 PEID Urd: 0.00 Paid: 925.00 Total: 925.00 0 GRAND TOTAL Lh �d: 0.00 Paid: 54,135.35 Total: 54,135.35 /ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADDING A NEW ARTICLE X TO CHAPTER 62 OF THE AZUSA MUNICIPAL CODE REGARDING THE REGULATION OF ICE • CREAM VEHICLE VENDORS WHEREAS, California Vehicle Code section 22455 provides that a city may adopt public safety regulations concerning vending from vehicles on public streets. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A new Article X is hereby added to Chapter 62 of the Azusa Municipal Code to read as follows: "ARTICLE X.—REGULATION OF ICE CREAM VENDOR TRUCKS "Sec. 62-400—Intent The purpose of this Article is to regulate the conduct of persons who sell ice cream, candy, and novelty items from vendor trucks within the public right-of-way. The intent of the regulations contained herein are to ensure vehicle and pedestrian safety, especially in those areas where children congregate or pass through to and from school. Sec. 62-401 - Regulation of ice cream trucks (a) Definition. As used in this Article X, the term "ice cream truck" means a motor vehicle engaged in the curbside vending or sale of frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks primarily intended for the sale to minors. (b) Permitted Sales Location. Sales from ice cream trucks shall occur only on public ways with a speed limit of 25 miles per hour or less located within residential districts under this Code or on private ways with the consent of the owner or owners of the private way. (c) Prohibited Locations. No ice cream truck shall make any sales within 500 feet of any public or private school from 11:00 a.m. and 4:00 p.m., Monday through Friday. No ice cream truck shall stop at any time for the purpose of making sales in any area where parking is prohibited. (d) Length of Stop. No ice cream truck shall stop for the purpose of making sales for more than 15 minutes in a single location. (e) Manner of Stops. Ice cream trucks shall pull as far as practicable to the side of the right of way when stopping for the purpose of making sales and shall operate four-way flashers when so stopped. In no event shall an ice cream truck stopped for the purpose of making sales prevent the passage of other motor vehicles on the right of way. (f) Rubbish Receptacle Required. Each ice cream truck shall provide a rubbish receptacle for use of its customers. Prior to leaving each stop, the ice cream truck shall remove any litter left at the stop by customers. 99999.96803\5830086.1 (g) Hours of Operation. Ice cream trucks may stop for the purpose of making sales only between the hours of 11:00 a.m. and 8:00 p.m. (h) Insurance Required. Each ice cream truck shall be insured under a policy of public liability insurance in an amount of not less than $300,000 with the City of Azusa named as an additional insured on the policy. (i) Limits on Products Sold. Only pre-wrapped or pre-packaged food items may be sold from an ice cream truck. Non-frozen items such as pre-packaged soft drinks, candy, chewing gum and snack food may be sold from an ice cream truck provided the principal product sold is ice cream and/or similar frozen dessert products. Ice cream truck vendors shall not sell any toy or non-edible item. Sec.62-403-Penalties (a) Criminal penalties. Any person who willfully violates the provisions of this Article X shall be guilty of a misdemeanor. (b) Administrative penalties. In addition to or in lieu of criminal penalties, an administrative fine or penalty may be imposed as authorized in Chapter 1, section 1-24 of this Code for any violation of Chapter 46,Article X,section 46-432 or section 46-433. (c) Revocation or suspension of business license. In addition to the penalties provided in this section, any individual, business, business establishment, vendor, organization, or entity which possesses a valid business license granted by the city and which violates any section this Article may be subject to revocation or suspension of such business license,pursuant to Chapter 18,Article I,of this Code. (d) State law. The provisions of this section are in addition to any penalties imposed by applicable State law, including but not limited to California Vehicle Code section 22456 referred to as the Destiny Nicole Stout Memorial Act." Section 2. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause,phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses,phrases or portions might subsequently be declared invalid or unconstitutional. Section3. This Ordinance shall become effective thirty (30) days after its adoption. Section 4. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. 99999.96803\5830086.1 2 J w PASSED, APPROVED, AND ADOPTED this day of February 2011. Joseph Rocha Mayor ATTEST: Vera Mendoza City Clerk 99999.96803\5830086.1 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 07-010, was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of February, 2011, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of February, 2011,by the following vote,to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: VERA MENDOZA CITY CLERK 99999.96803\5830086.1 4