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HomeMy WebLinkAboutAgenda Packet - September 7, 2010 - CC --• ,r,C' 7 w OCP II AGENDA REGULAR MEETING OF THE CITY COUNCIL, REDEVELOPMENT AGENCY,AND THE AZUSA PUBLIC FINANCING AUTHORITY AZUSA AUDITORIUM TUESDAY, SEPTEMBER 7,2010 213 EAST FOOTHILL BOULEVARD 6:30 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. Pursuant to California Government Code section 54953(b)(3), any member of the public wishing to address the legislative body directly, pursuant to California Government Code section 54954.3, to speak in favor of or in opposition to an agenda item may do so at each teleconference location at the time the item is considered. 6:30 P.M. CEREMONIAL Presentation of$1,000 check to the Azusa High School Golf Team, courtesy of their efforts at the Kids Come First Golf Tournament. CLOSED SESSION 09/07/10 - 1 - 1. CONFERENCE WITH LABOR NEGOTIATOR(Gov. Code Sec. 54957.6) Agency Negotiators: Administrative Services Director-Chief Financial Officer Kreimeier Organizations AMMA, SEIU, APOA, APMA and ACEA 2. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of Payment a. ENTERPRISE PROPERTY 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 b. NEC AZUSA/ARROW SITE Address: 17511 E. Arrow Hwy, Azusa, CA 91702 Negotiator: Fowler Family Trust Address: 17525 E. Arrow Hwy Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency c. BLOCK 36 Address: 100 E. Foothill Boulevard,Azusa, CA 91702 614—640 N. Azusa Avenue, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency Address: 152 E. Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Bank of America&City of Azusa Redevelopment Agency 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION(Gov. Code Sec. 54957) Title: City Manager 4. CONFERENCE WITH LEGAL COUNSEL—POTENTIAL LITIGATION(Gov.Code Sec.54956.9(c)) One Case of Potential Litigation: Based on existing facts and circumstances,the City will discuss whether to initiate litigation in relation to loan agreements regarding the Talley Building. Any person wishing to comment on any of the Closed Session items listed above may do so now. 7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL. 1. Call to Order 2. Pledge to the Flag—Zachary Urquhart 3. Invocation—Reverend Rick MacDonald of Azusa House of Nations A. PUBLIC PARTICIPATION 09/07/10 -2 - (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. Report from Chief Financial Officer Kreimeier to update Council on the Current Revenue Forecast. C. SCHEDULED ITEMS 1. PUBLIC HEARING — ON ANNUAL METROPOLITAN TRANSPORTATION AUTHORITY (MTA)CONGESTION MANAGEMENT PROGRAM(CMP)LOCAL DEVELOPMENT REPORT. RECOMMENDED ACTION: Open the Public Hearing,receive testimony,close the Hearing. Waive further reading and adopt Resolution No. 10-051, adopting the 2010 Local Development Report and self-certification. 2. CONSIDERATION OF SETTING A DATE FOR CITY BOARD AND COMMISSION INTERVIEWS AND ACCEPTANCE OF LATE APPLICATIONS FROM INCUMBENTS. RECOMMENDED ACTION: Set a date for Board and Commission interviews and consider accepting the late applications submitted from Board and Commission incumbents. 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 JULY 19,2010 AND THE SPECIAL MEETINGS OF JUNE 1, 14,28 AND JULY 26,2010. RECOMMENDED ACTION: Approve Minutes as written. 2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). 3. CITY TREASURER'S REPORT AS OF JUNE 30,2010. RECOMMENDED ACTION: 09/07/10 - 3 - Receive and file Report. 4. CITY TREASURER'S REPORT AS OF JULY 31, 2010. RECOMMENDED ACTION: Receive and file Report. 5. CONSIDERATION OF FARMER'S MARKET AT BLOCK 36. RECOMMENDED ACTION: Approve a Farmer's Market event at Block 36 with Family Festival Productions Inc. (FFPI). 6. CIP#66110H; TARGET PEDESTRIAN IMPROVEMENTS PROJECT: APPROVAL OF CHANGE ORDER#2. RECOMMENDED ACTION: Approve Change Order#2 in the amount of$93,201.32 authorizing additional street resurfacing along Ninth Street and San Gabriel Avenue. 7. AUTHORIZATION TO AMEND A COMMUNICATIONS SITE LICENSE AGREEMENT BETWEEN THE CITY OF AZUSA AND TOWERCO ASSETS, LLC. RECOMMENDED ACTION: Approve Amendment I to the Communications Site License Agreement between the City of Azusa and Towerco Assets, LLC for the operation of a cellular communications tower adjacent to the West Wing of City Hall. 8. AZUSA AVENUE/I-210 GATEWAY PROJECT(CIP#66111B) -AUTHORIZATION TO SPEND AHEAD OF GRANT ALLOCATION AND SOLICIT RFQ(S) FOR LANDSCAPE ARCHITECTURAL/DESIGN SERVICES. RECOMMENDED ACTION: Authorize staff to do the following: (A)Utilize Prop C funds to spend ahead of the grant allocation for the Azusa Avenue/I-210 Gateway Project; (B) Solicit Request for Qualifications (RFQ) for professional landscape architectural/design services. 9. AUTHORIZATION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND FOOTHILL TRANSIT TO PROVIDE DIRECTION FOR THE DEVELOPMENT OF A PARK AND RIDE FACILITY. RECOMMENDED ACTION: 09/07/10 -4 - Authorize the City Manager to enter into a Memorandum of Understanding (MOU) between the City of Azusa and Foothill Transit to provide direction for the development of a park and ride facility between Alameda Avenue and Dalton Avenue, north of Foothill Boulevard and south of the railroad tracks. 10. CIP PROJECT NO. 66109E: NOTICE OF COMPLETION FOR THE CITRUS AVENUE AND MAUNA LOA DRIVE TRAFFIC SIGNAL AND COMMUNICATION IMPROVEMENTS 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: Citrus Avenue and Mauna Loa Drive Traffic Signal and Communication Project No. 66109E—$92,965.02—Christopher R. Morales, Inc., San Dimas, CA 91773 11. APPROVAL OF EXTENSION OF THE USE/LEASE AGREEMENT WITH AZUSA PACIFIC UNIVERSITY FOR THE SLAUSON PARK COMMUNITY POOL/AZUSA AQUATICS CENTER. RECOMMENDED ACTION: Approve the extension of the Use/Lease Agreement with Azusa Pacific University for the Slauson Park Community Pool/Azusa Aquatics Center from September 7, 2010—April 22, 2011. 12. AUTHORIZATION FOR A REQUEST FOR PROPOSALS(RFP)FOR A MINING CONSULTANT FOR VARIOUS REVIEWS ASSOCIATED WITH SMARA (SURFACE MINING AND RECLAMATION ACT) COMPLIANCE RECOMMENDED ACTION: Authorize staff to circulate a Request for Proposals(RFP)to provide consultant services for various reviews and activities associated with the California State Surface Mining and Reclamation Act in the City of Azusa, as well as biennial monitoring of Azusa Rock Conditions of Approval. 13. PURCHASE OF ONE 2010 FORD RANGER 4x2 SUPERCAB TRUCK RECOMMENDED ACTION: Approve the purchase of one 2010 Ford Ranger 4x2 Supercab truck from Wondries Fleet Group, 1247 W. Main Street, P.O. Box 3850 Alhambra, CA 91801 in an amount not to exceed$17,517.17 and approve the purchase of this budgeted vehicle based on the competitive bid process completed by the County of Los Angeles, under which these vehicles are available, P.O.#AW-10321561-1, per Azusa Municipal Code Section 2-253(E). 14. PURCHASE OF ANNUAL RANGE AMMUNITION RECOMMENDED ACTION: Approve the Police Department's purchase of budgeted annual firearms training and duty ammunition. 15. GRANT AGREEMENT FROM CA OFFICE OF TRAFFIC SAFETY FOR THE "DUI 09/07/10 - 5 - ENFORCEMENT AND AWARENESS PROGRAM" RECOMMENDED ACTION: Approve Resolution No. 10-052,to accept a Grant agreement entitled"DUI Enforcement and Awareness" from the California Office of Traffic Safety(OTS) in the amount of$115,000. 16. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY. RECOMMENDED ACTION: Adopt Resolution No. 10-053. E. JOINT CITY/AGENCY AGENDA ITEMS 1. JOINT PUBLIC HEARING - CONSIDERATION OF THE FIRST AMENDMENT TO THE STATUTORY DEVELOPMENT AGREEMENT AND OWNER PARTICIPATION AGREEMENT FOR THE CITRUS CROSSING PROJECT LOCATED AT THE SOUTHWEST CORNER OF ALOSTA AVENUE AND CITRUS AVENUE. RECOMMENDED ACTION: City Council and Agency Board take the following action: Receive testimony from staff and the applicant, conduct a joint public hearing and adopt a resolution and ordinance entitled: A Resolution of the Governing Board of the Redevelopment Agency of the City of Azusa, California, Approving an Amendment to the Statutory Development Agreement and Owner Participation Agreement By and Between the Redevelopment Agency of the City of Azusa, the City of Azusa and JAR University Common, LLC, Governing Certain Real Property Located at the Southwest Corner of Alosta Avenue and Citrus Avenue, Azusa, California, Relating to the Citrus Crossing Shopping Center; and An Ordinance of the City Council of the City of Azusa,California Adopting and Approving an Amendment to the Statutory Development Agreement and Owner Participation Agreement Between the City of Azusa, the Azusa Redevelopment Agency and JAR University Common, LLC, Governing Certain Real Property Located at the Southwest Corner of Alosta Avenue and Citrus Avenue, Azusa, California, Relating to the Citrus Crossing Shopping Center. 2. APPROVE THE CONTRACT FOR FISCAL YEAR 2010/11 WITH THE AZUSA CHAMBER OF COMMERCE. RECOMMENDED ACTION: Authorize staff to finalize and execute the Agreement regarding Chamber of Commerce Funding and Support between the City/Agency of Azusa and the Azusa Chamber of Commerce for Fiscal Year 2010/11. 09/07/10 - 6 - F. AGENCY SCHEDULED ITEMS 1. EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND RICH DEVELOPMENT LLC FOR THE NORTHEAST CORNER OF ARROW HIGHWAY AND AZUSA AVENUE RECOMMENDED ACTION Authorize the Executive Director to enter into an Exclusive Negotiation Agreement with Rich Development LLC for the development of the northeast corner of Arrow Highway and Azusa Avenue. 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 JULY 19, 2010 AND THE SPECIAL MEETINGS OF JUNE 1, 14 AND JULY 26,2010. RECOMMENDED ACTION: Approve Minutes as written. 2. AGENCY TREASURER'S REPORT AS OF JUNE 30,2010. RECOMMENDED ACTION: Receive and file the Report. 3. AGENCY TREASURER'S REPORT AS OF JULY 31,2010. RECOMMENDED ACTION: Receive and file the Report. 4. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE AGENCY. RECOMMENDED ACTION: Adopt Resolution No. 10-R28. H. AZUSA PUBLIC FINANCING AUTHORITY 1. APPROVAL OF MINUTES OF THE REGULAR MEETINGS OF MAY 3RD, JUNE 1ST AND JUNE 21ST,2010. RECOMMENDED ACTION: Approve Minutes as written. 09/07/10 - 7 - 2. AZUSA PUBLIC FINANCING AUTHORITY TREASURER'S REPORT AS OF JUNE 30,2010. RECOMMENDED ACTION: Receive and file the Report. I. ADJOURNMENT 1. Adjourn in memory of Mr. Leonard C. Rodriguez, a life time resident of Azusa, and Mr. Ray Pier, WWII veteran and lifetime resident of Azusa. UPCOMING MEETINGS: September 20, 2010, City Council Meeting—6:30 p.m. Azusa Auditorium September 27, Utility Board Meeting—6:30 p.m. Azusa Light and Water Conference Room October 4, 2010, City Council Meeting—6:30 p.m. Azusa Auditorium October 18, 2010, 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,if you need special assistance to participate in a city meeting,please contact the City Clerk at 626-812-5229. Notification three(3)working days prior to the meeting when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. 09/07/10 - 8 - • II U , a2 USA CITY COUNCIL AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KURT CHRISTIANSEN D RECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT VI.A: F.M. DELACH, CITY MANAGERMk DATE: SEPTEMBER 7,2010 SUBJECT: ANNUAL METROPOLITAN TRANSPORTATION AUTHORITY (MTA) CONGESTION MANAGEMENT PROGRAM (CMP) LOCAL DEVELOPMENT REPORT RECOMMENDATION: Staff recommends that the City Council open the Public Hearing; receive testimony, close the Public Hearing. Waive further reading and adopt the attached Resolution, adopting the 2010 Local Development Report and self-certification BACKGROUND: The Congestion Management Program (CMP) was mandated as a result of a voter-approved initiative (Proposition 111) in 1990 and requires all cities and counties to adopt measures designed to reduce traffic congestion in their region. The state legislature required the Metropolitan Transportation Authority (MTA) to annually monitor local jurisdictions and determine that they are in compliance with the CMP. A self-certification process was established by the MTA to simplify the process for both the local jurisdictions and the MTA. In June of 1994, the City's Planning Division began tracking development projects pursuant to the CMP Deficiency Plan process. The MTA had implemented a system of debits and credits that assign point values to development projects (debits) and congestion relief/transportation improvement measures (credits). The purpose of this system was to make local governments aware of, and responsible for, the traffic congestion and air quality consequences of their land use decisions. Local governments were required to balance their debit and credit points on an annual basis. Failure to comply with the CMP requirements could result in the loss of the City's Section 2105 Highway User tax money — approximately$258,725 in 2010. Since the inception of the CMP, the City has been able to maintain a positive credit balance. The balance was arrived at by subtracting the debit points for new construction from credit points. The credit points included the sum of the current year credit claims and adjustments (demolition) and any credit carryover from previous years. In the past, credit points were received when a city implemented a transportation improvement or mitigation project from the CMP "Toolbox of Strategies" such as the construction of the San Gabriel Canyon Road median improvements, the City website and the City's transit fare subsidy program. In August 2003, the MTA Board adopted the 2003 Short Range Transportation Plan. As one of the elements of this plan, the Board directed MTA staff to conduct a Nexus Study to determine the feasibility of implementing a countywide impact fee to meet the CMP Deficiency Plan. While this study is underway, the CMP Countywide Deficiency Plan requirement for maintaining a positive credit balance is suspended. As a result, the cities do not have to report their transportation improvement strategies for the 2010 cycle (credits). However, cities must still continue to report their new net development activity (debits) just as in prior years. Although cities are required to report any net development activity, neither the debits accrued from the development activity nor any credits earned will be allocated to the cities. All credit/debit balances for the cities are temporarily frozen at the 2003 levels. Attached is a copy of the City's 2010 Local Development Report and Deficiency Plan Summary for the reporting period of June 1, 2009 to May 31, 2010. This report documents the number of residential dwelling units constructed (3 single-family residential units), the square footage of commercial/industrial construction (231,000 square feet) and any demolition that occurred in the City (76 residential dwelling_units and 47,643 square feet of non-residential buildings). With the approval of the attached report and the accompanying Resolution, the City will be in compliance with the Congestion Management Program requirements of the MTA. FISCAL IMPACT: Compliance with the Congestion Management Program requirements of the MTA will insure that the City will continue receiving its gas tax money without penalties. ATTACHMENTS: Resolution 2010 CMP Local Development Report and Deficiency Plan Summary RESOLUTION NO. A RESOLUTION OF THE CITY OF AZUSA, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE 2010 CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 WHEREAS, CMP statute requires the Los Angeles County Metropolitan Transportation Authority ("LACMTA"), acting as the Congestion Management Agency for Los Angeles County, to annually determine that the County and cities within the County are conforming to all CMP requirements; and WHEREAS, LACMTA requires submittal of the CMP Local Development Report as close to September 1 of each year as possible; and WHEREAS, the City Council held a noticed public hearing on September 7, 2010. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City has taken all of the following actions, and that the City is in conformance with all applicable requirements of the 2004 CMP adopted by the LACMTA Board on July 22, 2004. By June 15, of odd-numbered years, the City will conduct annual traffic counts and calculated levels of service for selected arterial intersections, consistent with the requirements identified in the CMP Highway and Roadway System chapter. The City has locally adopted and continues to implement a transportation demand management ordinance (Azusa City Ordinance #93-09), consistent with the minimum requirements identified in the CMP Transportation Demand Management chapter. The City has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program chapter. The City has adopted a Local Development Report, attached hereto and made a part hereof, consistent with the requirements identified in the 2004 CMP. This report lists traffic congestion impacts due to growth within the City and demonstrates that the City is meeting its responsibilities under the Countywide Deficiency Plan consistent with the LACMTA Board adopted 2003 Short Range Transportation Plan. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution to the Los Angeles County Metropolitan Transportation Authority. ADOPTED this 7th day of September, 2010. JOSEPH ROCHA, MAYOR I HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 7th day of September, 2010, by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk APPROVED AS TO FORM: City Attorney AZUSA Date Prepared: August 9, 2010 2010 CMP Local Development Report Reporting Period: JUNE 1, 2009 - MAY 31, 2010 Contact: Susan Cole Phone Number: 626-812-5226 CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES COUNTY 2010 DEFICIENCY PLAN SUMMARY.' * IMPORTANT: All "#value!" cells on this page are automatically calculated. Please do not enter data in these cells. DEVELOPMENT TOTALS RESIDENTIAL DEVELOPMENT ACTIVITY Dwelling Units Single Family Residential (9.00) Multi-Family Residential (64.00) Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY 1,000 Net Sq.Ft.2 Commercial (less than 300,000 sq.ft.) 150.00 Commercial (300,000 sq.ft. or more) (37.61) Freestanding Eating & Drinking 0.00 NON-RETAIL DEVELOPMENT ACTIVITY 1,000 Net Sq.Ft.2 Lodging 0.00 Industrial 71.00 Office (less than 50,000 sq.ft.) 10.00 Office (50,000-299,999 sq.ft.) 0.00 Office (300,000 sq.ft. or more) 0.00 Medical 0.00 Government 0.00 Institutional/Educational 0.00 University (#of students) 0.00 OTHER DEVELOPMENT ACTIVITY Daily Trips ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 EXEMPTED DEVELOPMENT TOTALS Exempted Dwelling Units 0 Exempted Non-residential sq. ft. (in 1,000s) 0 1. Note:Please change dates on this form for later years. Section 1, Page 1 2. Net square feet is the difference between new development and adjustments entered on pages 2 and 3. AZUSA Date Prepared: August 9, 2010 2010 CMP Local Development Report Reporting Period: JUNE 1, 2009 - MAY 31, 2010 Enter data for all cells labeled "Enter." If there are no data for that category, enter"0." PART 1: NEW DEVELOPMENT ACTIVITY RESIDENTIAL DEVELOPMENT ACTIVITY Category Dwelling Units Single Family Residential 3.00 Multi-Family Residential 0.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial (less than 300,000 sq.ft.) 160.00 Commercial (300,000 sq.ft. or more) 0.00 Freestanding Eating & Drinking 0.00 NON-RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 71.00 Office (less than 50,000 sq.ft.) 10.00 Office (50,000-299,999 sq.ft.) 0.00 Office (300,000 sq.ft. or more) 0.00 Medical 0.00 Government 0.00 Institutional/Educational 0.00 University (# of students) 0.00 OTHER DEVELOPMENT ACTIVITY Description Daily Trips (Attach additional sheets if necessary) 0 ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Section!, Page 2 AZUSA Date Prepared: August 9, 2010 2010 CMP Local Development Report Reporting Period: JUNE 1, 2009 - MAY 31, 2010 Enter data for all cells labeled "Enter." If there are no data for that category, enter"0." PART 2: NEW DEVELOPMENT ADJUSTMENTS IMPORT'NT: Adjustments may be claimed only for 1) development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any structure with the reporting period. RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Dwelling Units Single Family Residential 12.00 Multi-Family Residential 64.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial (less than 300.000 sq.ft.) 10.00 Commercial (300,000 sq.ft. or more) 37.61 Freestanding Eating & Drinking 0.00 NON-RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 0.00 Office (less than 50.000 sq.ft.) 0.00 Office (50,000-299,999 sq.ft.) 0.00 Office (300,000 sq.ft. or more) 0.00 Medical 0.00 Government 0.00 Institutional/Educational 0.00 University (#of students) 0.00 OTHER DEVELOPMENT ACTIVITY Description Daily Trips (Attach additional sheets if necessary) 0 ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Section 1. Page 3 AZUSA Date Prepared: August 9, 2010 2010 CMP Local Development Report Reporting Period: JUNE 1, 2009 - MAY 31, 2010 Enter data for all cells labeled "Enter." If there are no data for that category, enter"0." PART 3: EXEMPTED DEVELOPMENT ACTIVITY (NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS) LowNery Low Income Housing 0 Dwelling Units High Density Residential _ 0 Dwelling Units Near Rail Stations Mixed Use Developments 0 1,000 Gross Square Feet Near Rail Stations 0 Dwelling Units Development Agreements Entered 0 1,000 Gross Square Feet into Prior to July 10, 1989 0 Dwelling Units Reconstruction of Buildings 0 1,000 Gross Square Feet Damaged in April 1992 Civil Unrest 0 Dwelling Units Reconstruction of Buildings 0 1,000 Gross Square Feet Damaged in Jan. 1994 Earthquake 0 Dwelling Units Total Dwelling Units 0 Total Non-residential sq. ft. (in 1,000s) 0 Section I, Page 4 Exempted Development Definitions: 1. LowNery Low Income Housing:As defined by the California Department of Housing and Community Development as follows: - Low-Income: equal to or less than 80% of the County median income, with adjustments for family size. -Very Low-Income: equal to or less than 50% of the County median income,with adjustments for family size. 2. High Density Residential Near Rail Stations: Development located within 1/4 mile of a fixed rail passenger station and that is equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre is automatically considered high density. 3. Mixed Uses Near Rail Stations: Mixed-use development located within 1/4 mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed use development is used for high density residential housing. 4. Development Agreements: Projects that entered into a development agreement(as specified under Section 65864 of the California Government Code)with a local jurisdiction prior to July 10, 1989. 5. Reconstruction or replacement of any residential or non-residential structure which is damaged or destroyed, to the extent of> or=to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity. 6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and where the local jurisdiction is precluded from exercising any approval/disapproval authority. These locally precluded projects do not have to be reported in the LDR. r �^a .. � or � Op c,„ .:.?"i'' GVv� SES • !ddli „�firvr.'.s..-"^r;:'sF�"2E,�.'t,�r..`.�r..�'..a._,-�.r._•:;.f47sr��"�_',a-"--•�*,`��r,.",.'.:s,,,Tyt;-�;_:,'..`sr �r,..fa-,.s,3.:.,�.1�.F...f.r,2r�3?�,.',,Y�,.q'_,.,._u,x!.,:...!_...r.-'_��;.',3r1.�.`#'u...v..;..,,.rv�yxs.�:�.�,v-1,.<_..,��v.-Y..;,f.@°�+-�e � 3,�rMY.r.-.aasi,.a.tf..�r...y,b..":3..Tk.._a:,,s_�.'t+:*,j,:.�t!.}:r,.a�,«. ,....�l,.�.$:.t,p.�,,..�,�+�.�.r?`,�fi'`�b"t`4"..#,:�,-a:.,9,.,.-`�,`�q.ir,`<'Y.h+,1r.f x..#.��'.,...r��,:.:.'?";r.:,f;`,s�•'"�•.��s4.a.r 2p•-..�:.K..h�'�*:`;,,Y»,..r��:ss<g r fx�°Y:.Fr,f�'fr.t�):'.t J:,ai�<.�shi,`u�r`r,.N_t'.r.,.. �.:sfn�:.,5 r'ry..as d i.3 �" ..._-. . . i• l *, „1;7 rs, r � 74. f mr *. i � :� h .,;Yn '�. �?r lltg IFOR�` ,`.. r.. zus SCHEDULED ITEMS TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY CLERK, VERA MENDOZA VIA: F.M. DELACH, CITY MANAGER j. r DATE: SEPTEMBER 7, 2010 SUBJECT: SETTING DATE FOR BOARD AND COMMISSION INTERVIEWS AND CONSIDERATION OF ACCEPTING LATE APPLICATIONS RECOMMENDATION It is recommended that City Council set a date for Board and Commission interviews and consider accepting the late applications submitted from Board and Commission incumbents. BACKGROUND Each year as of September 30th terms expire and vacancies exist on City Boards and Commissions and in July the process begins for filling those vacancies. It is now time to set a date for interviewing applicants. The deadline for receiving applications for City Boards and Commissions was Thursday, August 26, 2010. A number of incumbents, for various reasons, missed that deadline. They are eager to be considered to remain on the Board or Commission and have submitted the attached applications. A similar situation occurred last year with "late” applicants; we are again hereby requesting that the late applications be accepted and included in the interview list. FISCAL IMPACT None. Prepared by: C. Toscano, Assistant City Clerk Attachments: Late Applications i gpr. / 6 gUFORr��, CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY,JULY 19,2010-6:30 P.M. The City Council of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium located at 213 E.Foothill Boulevard,Azusa,CA 91702. CEREMONIAL Ceremonial Mr. Augustine Duran and Edgar Salgado of the U.S. Census Bureau presented the City Council with a Presentation plaque and letter of appreciation for partnering with them to achieve a complete and accurate census count By U.S. in 2010. They advised that the City of Azusa has obtained 74%cooperation from the community. They Census to provided other statistics regarding the Census count. City Certificates of Recognition were presented to the Sponsors of the Kids Come First Golf Tournament. Kids Come First Certificates of Recognition were presented to 2009-2010 Junior Girl Scout Troop 9024, for outstanding Jr.Girl Scouts accomplishment of being recipients of the"Bronze Award". Troop 9024 CLOSED SESSION Closed Session The City Council recessed to Closed Session at 6:56 p.m. 1. CONFERENCE WITH LABOR NEGOTIATOR(Gov.Code Sec.54957.6) Conf w/labor Agency Negotiators: Administrative Services Director-Chief Financial Officer Kreimeier Negotiators Organizations AMMA,SEIU,APOA,APMA and ACEA 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 Talley Prop a. TALLEY PROPERTY Address: 619-621 N.Azusa Avenue,Azusa Negotiator: 621 Talley LLC 3. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE(Gov.Code Sec.54957). Pub Emp Disc 4. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Gov. Code Sec. Conf w/legal 54956.9(c). Council will discuss a potential lawsuit to enforce an agreement. Cnsl The City Council reconvened at 7:36 p.m. The City Attorney advised that with regard to the Personnel City Attorney Matter the City Council upheld a disciplinary matter involving the Personnel Board. Close Sess Rpt Mayor Rocha called the meeting to order. Jason Hodges led in the salute to the Flag. Pastor Dale Nelson Call to Order of Azusa House of the Nations gave the invocation. Flag Salute Invocation City Attorney clarified for the record that the City Council meeting is conducted pursuant to California City Attorney Government Code Section 54953, in that one member of the City Council, Keith Hanks, would be Announced participating in the City Council meeting by teleconference. In accordance with the Brown Act, the Teleconference teleconference location was identified in the notice and agenda for the meeting. She asked Councilmember K.Hanks Hanks, the audience and City Council members a series of questions required under special procedures required by the Brown Act. Councilmember Keith Hanks joined in the meeting via Teleconference Call from the Keith Hanks following location: Via Teleconference Residence 443 East 700 South, St. George,UT 84770-4016 All votes were taken via a voice vote of the City Council. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,ROCHA PRESENT VIA TELECONFERENCE: HANKS ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho,City Manager Detach, Assistant City Manager Makshanoff,Police Chief Garcia, Director of Public Works Haes, Economic and Community Development Director Christiansen, Administrative Services Director-Chief Financial Officer Kreimeier,Library Director Johnson,Director of Recreation and Family Services Jacobs,Recreation Supervisor Gonzales,Director of Information Services Graf,Assistant Director of Economic and Community Development McNamara,Utilities Director Morrow, Public Information Officer Quiroz,City,Clerk Mendoza,Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr.Mike Lee addressed Council expressing condolences regarding the passing of John Moreno,invited all M.Lee to the 60th Anniversary celebration of the Korean War Armistice Day event July 27th, and expressed his Comments opinion regarding Vulcan Project. Ms. Madelyn Payne addressed Council talking about the importance of HIV Infection and AIDS and the M.Payne lack of knowledge and ignorance; she provided statistics regarding the disease. She then noted that a Comments resident,Paul Naccachian had recently raised over$3000 by participating in the AIDS Lifecycle from San Francisco to Los Angeles. Chief Executive Director of the Azusa Chamber of Commerce Irene Villapania, addressed Council I.Villapania expressing the Chambers opposition regarding the proposed Tobacco Retailer License Fee. She stated that Comments the businesses affected will comply with the ordinance prohibiting the sale of Tobacco products to minors and the penalties in the form of administrative fees. Ms. Mary McKenrick also of the Chamber of Commerce presented petitions and statements with signatures. Mr. David Czamanske of the Sierra Club addressed Council asking questions regarding the Vulcan D.Czamanske Proposal. Comments Mr. Jorge Rosales expressed his condolences regarding the passing of John Moreno and stated that John J.Rosales had asked that he complete the planning ceremony of the Sixtieth Annual Korean War Armistice Day Comments Ceremony and invited all to attend on Tuesday July 27th at 10 a.m. in front of the monument at city hall. He pointed out discrepancies he believed were wrong on the Agenda. Mr. Mark Smith addressed Council and expressed his opinion regarding the democratic process and his M.Smith support of it. Comments Mr. Daniel Meza addressed Council and expressed his opposition to the Vulcan Project and offered D.Meza suggestions on the way to proceed after referendum against the ordinance is completed,he thanked all who Comments were against the project. Ms. Sandra Rentschler addressed Council thanking them from the residents of Mountain Cove, Crystal S.Rentschler Canyon and Mirador for their vote on the Vulcan Project. She talked about the mis-information circulated. Comments Ms. Andrea Cruz addressed Council stating that the prior Municipal Code said that mining would be A.Cruz discontinued within years and now it reads differently.She talked about citations that have been given to a Comments certain owner and talked about the rezoning of the property when Rosedale zoning was changed. Staff responded to questions regarding Vulcan mining;the Agenda descriptions;the Azusa Municipal Code Staff response and Development Code and citations. REPORTS,UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Updates/Rpts NOTICE TO THE PUBLIC Notice NOTICE IS HEREBY GIVEN of City Board and Commission term of office expirations, ending Brds&Com September 30,2010 for the following Boards and Commissions of the City of Azusa: 1 Position Architectural Barriers Commission 3 positions Cultural and Historical Preservation Commission 2 positions Human Relations Commission 2 positions Library Commission 1 position Park and Recreation Commission 1 position Personnel Board 2 positions Planning Commission 7/19/10 PAGE TWO City Manager Delach announced that the Freeway Sign will be put in place on Tuesday at 7 a.m. He City Mgr announced that on August 5th Councilmember Angel Carrillo will be installed as the new President of the Comments Los Angeles Chapter of the League of California Cities. • Moved by Mayor Pro-Tern Gonzales, seconded by Councilmember Macias and unanimously carried to Proc Eagle Scout approve request for proclamation for Zachary Urquhart in honor of receiving Eagle Scout status. Z.Urquhart Mr. Darren Kasamoto, General Manager of the SGV Municipal Water District provided a update d.Kasamoto presentation on the issue of water. SGV Muni Wtr Mayor Pro-Tern Gonzales asked that the City Attorney clarify facts behind a proposed referendum on the Gonzales proposed ordinance to be considered at this meeting regarding Vulcan Mining. Comments City Attorney Carvalho provided the definition of referendum,and stated that the approved EIR,Revised City Attorney Conditional Use Permit and Reclamation Plan will not be subject to referendum because it can only be used Response to reject statute or parts of laws, and legislative actions. The Development Agreement is subject to referendum; she described it and its contents and noted the implications of overturning it as it contains additional requirements, the promise not to mine after 2038, special benefits for the acquisition of open space,guarantee of the trail head,and a number of other things not required by the CUP and Reclamation Plan. The effect of a proper referendum on the Development Agreement means that the City would lose many of the benefits that have been negotiated. Mayor Pro-Tem Gonzales continued and congratulated Councilmember Angel Carrillo on becoming the Gonzales new President of the Los Angeles Chapter of the League of California Cities;announced the Cool Cuts for Continued kids to be held on Sunday,August 29th,from noon to 4 p.m.;and wished Gil Valenzuela of Fire Station 32, a speedy recovery as he had surgery today. Councilmember Hanks congratulated Councilmember Angel Carrillo on becoming the new President of the Hanks Los Angeles Chapter of the League of California Cities and talked about the significance of the use of Comments reclaimed water. Councilmember Macias congratulated the in-coming officers of the Azusa Chamber of Commerce, Macias expressed condolences on the passing of Mr.John Moreno,talked about his Commissioned Officer status Comments with the U.S. Navy, congratulated Angel Carrillo as new President of League and announced a Helping Hand benefit on Saturday,at 5 p.m.at Parish Hall. Councilmember Carrillo talked about his representation as delegate to outside boards and expressed his Carrillo appreciation to his colleagues for their support. He noted that there have been very important decisions Comments made on behalf of the City and San Gabriel Valley that have been good decisions and expressed his disappointment that some people would think that they would intentionally make bad decisions. He encouraged all to use the local cooling centers. Mayor Rocha expressed congratulations to Councilmember Carrillo,asked that the meeting be adjourned in Rocha memory of John Patrick Moreno and Ramiro Cipres, and asked that everyone pray for service men and Comments women. He reminded all of the following: Buster Balloon Man show at the Auditorium on Tuesday, Concerts in the Park will begin on Thursday,60th Korean Veterans Day Celebration,Be a Walker Program on September 11th at Northside Park and August 14th at Memorial Park where Councilmember Carrillo will be a Guest Walker,Tree Planting on August 7th at Mountain View School,Citrus Crossing Clean up,every other Sunday at 7:30 a.m. SCHEDULED ITEMS Sched Items PUBLIC HEARING - RESOLUTIONS ADOPTING 2010/11 FISCAL YEAR SCHEDULE OF FEES Pub Hrg AND CHARGES. Fees&Charges Administrative Services Director-Chief Financial Officer Kreimeier addressed the Hearing stating that a A Kreimeier comprehensive study of the fees and charges has been completed by Revenue Costs Specialists and the fees Comments reflect the recommendation. The fees were reviewed by the City Council at a workshop on June 28,2010. He noted correction on page 39 S-48.3 Senior Center Rental. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice Hrg Open of said Hearing published in the San Gabriel Valley Tribune on July 8,2010. Testimony was solicited, but none was received. Moved by Mayor Pro-Tem Gonzales, seconded by Hrg Closed Councilmember Carrillo and unanimously carried to close the Public Hearing. Discussion was held regarding Senior/Low Income dog license fee discounts, carnival workers fees for Discussion background investigation,appeal fees,and appreciation was noted to staff for keeping swimming and meals affordable. 07/19/10 PAGE THREE Councilmember Macias offered Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res.10-C43 ESTABLISHING CERTAIN DEVELOPMENT PROJECT FEES AND SERVICE CHARGES. Dev Fees Moved by Councilmember Macias, seconded by Mayor Pro-Tern Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res. 10-C44 ESTABLISHING A USER FEE SCHEDULE FOR VARIOUS MUNICIPAL ACTIVITIES AND User Fees SERVICES. Moved by Councilmember Macias, seconded by Mayor Pro-Tern Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CONSIDERATION OF TOBACCO RETAILER LICENSE FEE AND PROGRAM Tobacco Lic Fee Director of Public Works Haes addressed the issue presenting the no-fee educational/enforcement program T.Haes to prevent illegal tobacco sales to youth and follow-up in July of 2011 with a report to Council to determine Comments the effectiveness of the non-fee program.He presented the Tobacco Retailer License Fee and Program also, and recommended the no fee based education program. Discussion was held. Moved by Mayor Pro-Tern Gonzales, seconded by Councilmember Macias and unanimously carried to No-fee Edu implement staff's proposed no-fee educational/enforcement program to prevent illegal tobacco sales to Program youth using the existing Ordinance passed on May 3,2010 and review the program's effectiveness in July Approved 2011. The CONSENT CALENDAR consisting of Items D-1 through D-11 was approved by motion of Consent Calendar Councilmember Macias, seconded by Mayor Pro-Tem Gonzales and unanimously carried with the D1—D-11D-2 exception of items D-2 and D-10,which were considered under the Special Call portion of the Agenda. &10 Spec Call 1. The minutes of the regular meeting of July 6,2010,were approved as written. Min appvd 2. SPECIAL CALL ITEM Spec Call 3. Approval was given for an extension of the 2009 - 2010 senior meal contract and Staff was Extension of authorized to execute a one-year extension of the agreement with Management Specialist,Inc.,DBA Senior Meal Morrison Health Care,caterer for the Azusa Senior Center. Contract 4. Formal sealed bids were waived in accordance with Azusa Municipal Code Section 2-523 section B, Matrix Imag. computer software maintenance services and 2-523 section C,no competitive market and approval Software Maint was given for the software maintenance and support contract from Matrix Imaging,in the amount of $12,929.00. 5. Formal sealed bids were waived in accordance with Azusa Municipal Code Section 2-523 section B, Motorola Inc. computer software maintenance services and 2-523 section C,no competitive market and approval Software Maint. was given for the software maintenance and support agreement from Motorola Inc,in the amount of $23,982.00. 6. Formal sealed bids were waived in accordance with Azusa Municipal Code Section 2-523 section B, CDW-G computer software maintenance services and approval was given for the software maintenance Software Maint support and licensing from CDW-G,in the amount of$20,175. 7. Formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer SIRSI software maintenance services and 2-523 section C,no competitive market and approval was given Software Maint for the annual software maintenance and support agreement from SIRSI Corporation,in the amount of$26,301.06. 8. Staff was authorized to enter into a Cooperation and Reimbursement Agreement with the County of Instaff two Ped Los Angeles for the installation of two new pedestrian bridges on Alosta Avenue at Little Dalton Bridges Alosta Wash. 07/19/10 PAGE FOUR 9. Approval was given for an amendment to the existing B/R Partners agreement. extending it to June Amend Agmt 30,2011,and the Mayor was authorized to sign the amended agreement B/R Partners 10. SPECIAL CALL ITEM. Spec Call 11. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 10-C45 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants SPECIAL CALL ITEMS Special Call Item Mayor Pro-Tern Gonzales addressed the Human Resources Action Items stating that due a possible conflict Gonzales abstn of Interest he would be abstaining from the vote on that item. HR Action Item Moved by Councilmember Carrillo, seconded by Councilmember Macias and carried to approve the HR Action Item following,Mayor Pro-Tem Gonzales abstained. Approved 2. Human Resources Action Items were approved as follows: Merit Increase and/or Regular Appointment: 0. Bruno, A. Magana, D.Ursua, S. Jauregui. R. Lomingkit II,G.Conrad,B.Hale,C.Curiel,M.Gonzales, Mayor Rocha questioned the cost of the roofing project completed and Director of Public Works Haes Rocha responded stating that the fiscal impact should read at$115,000 and not below. Question Moved by Councilmember Carrillo, seconded by Councilmember Macias and unanimously carried to NOC Roofs approved the following: Approved 10. Notice of Completion for the following projects were approved and staff was authorized to file with Approved the Los Angeles County Clerk: City Hall Roof Replacement (CIP# I1010A), Library Roof Restoration(CIP#51110A),and Police Station Roof Restoration(CIP#31010A). THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED JOINTLY AT 9:50 Cncl/CRA TO ADDRESS THE FOLLOWING ITEMS: Convene Jntly REDEVELOPMENT AGENCY ADMINISTRATION/ADVANCE FROM THE CITY. Resolutions will Advance from authorize an advance of$1,559,245 from the City's General Fund to the Redevelopment Agency, and City authorize execution of the Note. Director Gonzales offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING Res. 10-R25 A LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED REDEVELOPMENT Requesting Loan PROJECT AREA. Moved by Director Gonzales,seconded by Director Hanks to waive further reading and adopt.Resolution passed and adopted by the following vote of the Council: AYES: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Mayor Pro-Tern Gonzales offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR Res. I 0-C46 PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA. Authorizing Loan Moved by Mayor Pro-Tern Gonzales, seconded by Councilmember Hanks to waive further reading and adopt.Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE Amend PSA REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND HOGLE-IRELAND. INC. FOR AN Hogle-Ireland EXTENSION OF TIME TO COMPLETE THE PREPARATION AND ADOPTION OF THE CITY'S HOUSING ELEMENT UPDATE. 07/19/10 PAGE FIVE Moved by Councilmember/Board Member Hanks, seconded by Councilmember/Board Member Macias Amend PSA and unanimously carried to authorize the City Manager to approve an amendment to the Professional Hogie-Ireland Services Agreement with Hogle-Ireland, Inc., to extend their current contract with the City through Approved November 30,2010,for the preparation of the State-mandated update to the City's Housing Element of the General Plan. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT Cncl Recessed 10:05 P.M. THE CITY COUNCIL RECONVENED AT 10:22 P.M. Cncl Reconvened ORDINANCES/SPECIAL RESOLUTIONS Ord/Spec Resos Councilmember Hanks offered a Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZU§A APPROVING A Ord 10-05 DEVELOPMENT AGREEMENT WITH VULCAN MATERIALS COMPANY, PROCESSED IN Approving CONJUNCTION WITH THE MODIFICATION TO CONDITIONAL USE PERMIT C-890-20 FOR THE Development AZUSA ROCK QUARRY LOCATED AT 3901 FISH CANYON ROAD, AZUSA, CALIFORNIA, Agreement PURSUANT TO GOVERNMENT CODE SECTION 65864 ET SEQ. Vulcan Mining Moved by Councilmember Hanks, seconded by Mayor Pro-Tem Gonzales to waive further reading and adopt.Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS NOES: COUNCILMEMBERS: ROCHA ABSENT: COUNCILMEMBERS: NONE It was consensus of Council to set August 19,2010 for the next City Hall on the Move. CH on the Move It was consensus of Councilmembers to adjourn in memory of John Patrick Moreno, lifelong Azusa Adjourn in resident and Korean War Veteran and Ramiro Cipres. Memory John Patrick Moreno,and Ramiro Cipres TIME OF ADJOURNMENT: 10:26 P.M. CITY CLERK NEXT RESOLUTION NO.2010-C47. NEXT ORDINANCE NO.2010-06. 07/19/10 PAGE SIX ��pFq�G — 1 - r. immimmummonimmilimmimmimummi mir CggFoe' CITY OF AZUSA MINUTES OF THE CITY COUNCIL/REDEVELOPMENT AGENCY AND THE AZUSA PUBLIC FINANCING AUTHORITY SPECIAL MEETING TUESDAY,JUNE 1,2010—6:30 P.M. The City Council of the City of Azusa met in special session at the above date and time in the 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 Manager Delach, Assistant City Manager Makshanoff, Assistant to the Director of Utilities Kalscheuer, City Treasurer Hamilton, Public Information Officer Quiroz, Director of Economic and Community Development Christianson,Senior Management Analyst Del Tom,Budget Analyst Paragas, Assistant Director Water Operations Anderson,Director of Utilities Morrow,Administrative Services Director—Chief Financial Officer Kreimeier,Finance Controller Michaels-Aguilar,Director of Recreation and Family Services Jacobs,Library Director Johnson,Director of Information Technology Graf,Chief of Police Garcia, Assistant Director of Economic and Community Development McNamara,Director of Public Works Haes,City Clerk Mendoza,Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part • Mr.Jorge Rosales addressed Council stating that the preliminary budget was not posted on the web or in J.Rosales the City Library. Comments City Manager Delach responded stating that the preliminary budget is now available and the final will be City Mgr considered at the meeting of June 21st. Response AGENDA ITEM Agenda Item FISCAL YEAR 2010/11 CITY, AZUSA PUBLIC FINANCING AUTHORITY, AND FY 10-11 Budget REDEVELOPMENT AGENCY PRELIMINARY BUDGET REVIEW. Review City Manager Delach addressed the issue stating that the deficit is now$340,780,lower then projected at City Manager the mid-year review and would address this with suggested further reduction later in the meeting. Comments Administrative Services Director—Chief Financial Officer Kreimeier presented the budget stating that CFO Kreimeier they were able to receive a 3.5 reduction in the Maintenance and Operation budget, and detailed Presentation of information on economy-impact on revenues,historic low interest rates,CPI 1.9%April 2009 to 2010, Proposed budget Drought affecting Water Enterprise Revenues,and State Budget Crisis-Take from Cities. He stated that the Capital Improvement Program,Increased Costs for Fire Safety,V2 year of Revenue from Target and minor staffing changes in the Police Department. He talked about What's Not In the Budget: possible State Budget Takeaways,Transfer to Equipment Replacement Fund for Future Vehicle Replacements, Potential Costs Related to Current Employee Contract Negotiations,General Fund Capital Replacement Outlay,Liability claims costs for Major Pending Cases and Additional Salary Savings and cost cutting Measures. City Manager Delach stated that they are proposing the following Cost Saving Measures: 1)Reduce Tree City Manager Trimming Cycle and defer replacement of public safety retirement employees from between 6 and 12 Cost Saving months and that would cover the$390,000 deficit. Measures Administrative Services Director—Chief Financial Officer Kreimeier continued on with Future Issues: CFO Kreimeier implementation of Rosedale Project,Gold Line Extension and Parking Structures,Proposed Development Continued of New Library, Review of Application for Materials Recovery Facility by Waste Management Inc., Presentation Negotiations with five City Employee Bargaining Units and Increased PERS Rates for FY 2011-12 and beyond due to market losses. City Manager Delach requested that a study session on the Gold Line be scheduled for June 14,2010 and that Council advise him of their availability. Mr.Kreimeier continued with the Budget Overview/Summary, General Fund Balances, explained the charts of General Fund Expenditures by functions,Redevelopment Agency budget and other Issues,i.e.former Enterprise Site, Addressing Low-Mod Housing Issues, Azusa Avenue/Arrow Highway Development Agreement, Downtown Redevelopment,and sale of Downtown Parcel for Parking Structure. Discussion was held regarding an update on the ICSC conference and interest in Block 36,Arrow and Discussion and Azusa,possible supermarket,retailers,hotel operators,Enterprise Car site,and restaurant pad at Citrus Questions Crossings. Staff responded to several questions from Councilmembers/Boardmembers throughout the budget presentation. It was consensus of the Council/Board that City Manager be allowed to use those cost saving measures he proposed in the amount of$390,000,i.e.Police department delays in replacement of employees retiring and tree trimming. Moved by Councilmember Macias,seconded by Councilmember Carrillo and unanimously carried to Adjourn adjourn. TIME ADJOURNMENT:8:06 P.M. CITY CLERK NEXT RESOLUTION NO. 10-C32.(City) 10-R20(Agency) 10-P 1 (APFA) 06/01/10 PAGE TWO OF 1 CITY OF AZUSA MINUTES OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY SPECIAL MEETING MONDAY,JUNE 14,2010—6:30 P.M. The City Council of the City of Azusa met in special session at the above date and time in the 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 Manager Delach, Assistant City Manager Makshanoff, Director of Economic and Community Development Christianson, Senior Management Analyst Del Toro, Chief of Police Garcia, Assistant Director of Economic and Community Development McNamara, Director of Public Works Haes, Redevelopment Project Manager Benavides,Consultant Urban Futures,City Clerk Mendoza,Deputy City Clerk Toscano. Mr.Tony Glassman led in the salute to the Flag. Flag Salute PUBLIC PARTICIPATION Pub Part Mr. Mike Lee addressed Council stating that he would like to see low and mod housing in Atlantis M.Lee Gardens. He wished Council good luck regarding Vulcan Mining. Comments Mr.Greg Ahern addressed Council expressing his view regarding a proposed parking structure,stating that G.Ahern there may be a charge and it will force people to park in residential neighborhoods. He suggested flat lots Comments and mini buses for transport. Staff responded to questions regarding demolition of buildings in Atlantis Gardens and parking structures. Responses Councilmember Hanks talked about AB 1975 and the urgency of expressing opposition to it. Mayor And direction Rocha directed City Manager Delach to prepare a letter in opposition and he would sign it. AGENDA ITEMS Agenda Item BI WEEKLY STREET SWEEPING POSSIBLE COST SAVINGS Street Sweeping Director of Public Works Haes addressed the issue stating that cost saving for bi weekly street sweeping T.Haes Dir would be the same approximately$120,000,but the funds are non-general funds. He talked about the Of Public Works impossibility of signing the streets but provided suggestions to avoid parking dilemmas in detail. It was Comments consensus of the Councilmembers that this was not feasible at this time,but was glad for the information. CONSIDERATION OF AZUSA CHAMBER OF COMMERCE'S REQUEST FOR FUNDING FOR DisChamber of FISCAL YEAR 2010/11. Commerce Agmt City Manager Delach addressed the item stating he has received a request from the Azusa Chamber of Delach Commerce Executive Director Irene Villapania to consider restoration of funding to a 5%reduction rather Comments than a 20%as indicated in the contract. The request is for$83,700 rather than the$70,560 indicated in the Preliminary Budget document. Lengthy discussion was held between Councilmembers,Executive Director Villapania,and Staff regarding Discussion the issue. Many motions were made,amended,retracted and/or rescinded. Moved by Councilmember Carrillo, seconded by Mayor Rocha and carried to fund the Chamber of Commerce contract at a 10%reduction for fiscal year 2010/11.Councilmember Gonzales dissenting. Fund Contract at 10%Chamber DISCUSSION REGARDING PARKING STRUCTURE Dis Parking Director of Public Works Haes presented City of Azusa parking Structure Options for Alameda Avenue Structure parking Facility—taking into consideration Gold Line parking and Foothill Transit and 6t°Street parking T.Haes Facility.He talked about parking Structure Funding and detailed Option#1 and Option#2 for Alameda Presented Avenue Parking Facility. Lengthy discussion was held and suggestions were made to place the parking Discussion was structure horizontal on the south side of the tracks between Dalton and Alameda. Discussion was also had Held regarding a possible closure of Alameda and/or Dalton and about the 6'h Street parking at San Gabriel and 6th and its access points. ATLANTIS GARDENS AREA STUDY SESSION Atlantis Gardens Lengthy discussion was held regarding affordable housing,low income,very low income,moderate,the Study Sess process, integrated versus infill, owner occupied, housing authority, and outsource management. Discussion was Representatives of Urban Futures Bill Kelly and Dave Ruco provided input regarding individual owners, Held ownership versus rental,and density. Councilmember/Director Macias requested that staff bring back the pros/cons of a housing authority. It was consensus that staff proceed with the RFP process. It was consensus of Councilmembers to recess at 8:51 p.m.and reconvened at 9:00 p.m. Recess/reconvene CLOSED SESSION Closed Session It was consensus of Council to recess to Closed Session at 9:00 p.m.to discuss the following: Recess CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION(Gov.Code Sec.54956.9 WI Farris v.City of Azusa-Los Angeles Superior Court,Case Number KC 056193 Existing Litigation Farris v.City The City Council reconvened at 9:29 p.m.;there was no reportable action. Reconvened It was consensus of Council to adjourn. No Reports Adjourn TIME ADJOURNMENT:9:30 P.M. CITY CLERK NEXT RESOLUTION NO. 10-C34.(City) NEXT RESOLUTION NO. 10-R21 (Agency) 06/14/10 PAGE TWO IyOF4:4 CITY OF AZUSA MINUTES OF THE CITY COUNCIL SPECIAL MEETING MONDAY,JUNE 28,2010—7:50 P.M. The City Council of the City of Azusa met in special session at the above date and time in the 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, Assistant City Manager Makshanoff, Administrative Services Director— Chief Financial Officer Kreimeier, Economic and Community Development Christianson, Captain Momot Assistant Director of Economic and Community Development McNamara,City Engineer Hassel,Revenue Supervisor Cawte, Assistant Director of Resource Management Lehr, Assistant Director of Electric Operations Langit,Director of Utilities Morrow,City Clerk Mendoza,Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part None. None AGENDA ITEMS Agenda Item CITY AUDITOR PRESENTATION(LANCE,SOLL&LUNGHARD,LLP)REGARDING SAS 114 Presentation REQUIREMENT. City Audit Administrative Services Director—Chief Financial Officer Kreimeier addressed the issue stating that as a A.Kreimeier requirement of SAS No.114,the Auditor must meet with the City Council at least once during the fiscal Comments year to explain roles and responsibilities. He reminded Council that he previously sent a package containing the annual single audit and he detailed its contents. Mr.Richard Kikuchi,partner with Lance,Soll&Lunghard(LSL),LLP,addressed the issue stating that R.Kikuchi this meeting is to discuss audit process and role of City Council Members and Auditors. He detailed the Lance,Soll& Auditors role,i.e.financial statements,local controls,payroll disbursements,utility billings,etc. He stated Lunghard that communication between Council and auditors should focus on responsibilities,which for auditors its Auditors annual audit process via auditing standards and to render an opinion based on material assessment of Discussion financial condition,including deficiencies. Council is to maintain controls in accordance with laws and regulations. He responded to questions posed regarding the definition of single audit;where a city who receives over$500,000 in grant funds to ensure money was spent according to federal guidelines, and areas of where the City should be capturing cost reimbursements REVIEW OF COST STUDY AND RECOMMENDATIONS TO STAFF Review Cost Study Administrative Services Director—Chief Financial Officer Kreimeier addressed the issue stating that A.Kreimeier Revenue Cost Specialists has been working closely with city staff to update the prior plan of costs for Comments various fees and charges. Mr.Eric Johnson of Revenue Cost Specialist(RCS)addressed the issue detailing how he prepared the E.Johnson study stating that he reviewed the City budget as if it were a business and looked at what the cost is to RCS provide services to customers and a time allocation process. Lengthy discussion was held regarding the increase in planning and building fees,of which it was noted Lengthy discussion that a public hearing would be held on these fees on July 19,2010. Other items discussed were carnival worker permit,planning appeal fees,animal license fees,fmal tract map fees,noise disturbance response policy,street sweeping,and it was requested to look into cost recovery for noise disturbance. Moved by Mayor Pro-Tern Gonzales,seconded by Councilmember Carrillo and unanimously carried to Adjourn adjourn. TIME ADJOURNMENT:8:56 P.M. • CITY CLERK NEXT RESOLUTION NO. 10-C41.(City) NEXT RESOLUTION NO. 10-R24(Agency) 06/28/10 PAGE TWO CITY OF AZUSA MINUTES OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY SPECIAL MEETING MONDAY,JULY 26,2010—7:50 P.M. The City Council of the City of Azusa met in special session at the above date and time in the 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,HANKS,ROCHA ABSENT: COUNCILMEMBERS: MACIAS ALSO PRESENT: Also Present City Attorney Ferre,City Manager Delach,Assistant City Manager Makshanoff,Administrative Services Director—Chief Financial Officer Kreimeier, Economic and Community Development Christianson, Captain Momot Assistant Director of Economic and Community Development McNamara,Director of Utilities Morrow,Attorney Roberts of BB&K,City Clerk Mendoza,Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr.Bruce Knoles addressed Council posing a question as to Vulcan's position is on the Referendum. B.Knoles Comments City Attorney Ferre responded reminding all that this is not an item on the agenda and the question is City Attorney regarding a third party;the item would have had to be agendized if there was to be discussion. Mr.Knoles Response was advised to speak to Vulcan representatives. REPORTS,UPDATES,AND ANNOUNCEMENTS FROM STAFF/COUNCIL Agenda Item City Manager Delach presented a request to use the newly created temporary parking lot at Block 36,for a Request for BMX City sanction/hosting a bicycle safety-BMX show on October 16,2010. Mayor Rocha provided details and Show at Block 36 stated that it would promote the Helmet Bicycle Safety Program; the cost to the City would be Approved approximately$500.City Manager Delach noted that an insurance binder would be required by BMX. Moved by Councilmember Carrillo,seconded by Mayor Pro-Tem Gonzales to approve sanction/hosting a bicycle safety-BMX show at Block 36 on October 16,2010 at a cost of$500. City Manager Delach addressed the concerns noted regarding the last Animal Licensing Clinic i.e.heat, City Mgr long lines,etc.He announced that the next Animal Licensing clinic will be held on August 8th in the Comments evening hours of 5:30—7:00 p.m.and water will be supplied,if needed. CITY AGENDA ITEM City Agenda Item APPROVE THE POLICE DEPARTMENT'S PURCHASE OF ONE USED UNMARKED VEHICLE Purchase FROM CARMAX FOR THE CHIEF OF POLICE unmarked Vehicle PD Moved by Councilmember Hanks,seconded by Mayor Pro-Tem Gonzales and unanimously*carried to Approved to approve the Police Department's purchase of one used,unmarked sedan for the Chief of Police,in the Purchase from amount of$19,082.80(inclusive of tax,title and license fees)from CarMax in the City of Irvine. CarMax JOINT CITY/REDEVELOPMENT AGENCY ITEM Joint City/Agency The City Council convened jointly with the Redevelopment Agency Board Members at 8:04 p.m. to City/Agency discuss the following: Convened 8:04 APPROVE THE CONTRACT FOR FISCAL YEAR 2010/11 WITH THE AZUSA CHAMBER OF Chamber Contract COMMERCE. 2010/11 City Manager/Executive Director Delach addressed the item stating that due to the need for a full Advance Council/Agency Board to review the proposed Chamber of Commerce contract, he requested an expenditure expenditure until ratification. After discussion,it was moved by Councilmember/Board Member Hanks, Chamber seconded by CouncihnemberBoard Member Carrillo and unanimously carried to advance the amount of Contract $20,000 for the next three months towards contract with the Azusa Chamber of Commerce,until the formal contract is ratified. Closed Session CLOSED SESSION ITEM City Attorney City Attorney Dan Roberts of BB&K noted correction to the case number`for the AJDM vs.City and City Comment vs.AJDM as BC396366. Recess It was consensus of Councilmembers/Redevelopment Board Members to recess to Closed Session at 8:09 p.m.to discuss the following: Conf w/legal CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION(Gov.Code Sec.54956.9 Cnsl D-club f AJDM Corporation vs.City of Azusa,et al.,Los Angeles Superior Court Case No.BC 396366. Reconvened The City Council/Redevelopment Agency reconvened at 9:06 p.m.;there was no reportable action. No Reports Adjourn It was consensus of Councilmembers/Redevelopment Board Members to adjourn. TIME ADJOURNMENT: 9:07 P.M. CITY CLERK NEXT RESOLUTION NO. 10-CM.(City) NEXT RESOLUTION NO. 10-R28(Agency) *Indicates Macias absent. 07/26/10 PAGE TWO �y OF..'91G 41 us 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 /t11'�j DATE: SEPTEMBER 7, 2010 l 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 July 27 2010, the Personnel Board confirmed the following department head recommendations regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPARTMENT NAME CLASSIFICATION ACTION/EFF RANGE/STEP DATE BASE MO SALARY PD John Momot Police Captain Merit Increase 3482/5 08/18/2010 $12049.54 PD Robert Chivas Police Officer Merit Increase 6101/4 08/12/2010 $6369.40 UTL Micah Moore Apprentice Line Mechanic Merit Increase 5204/4 06/26/2010 $6199.17 PW Israel Del Toro Senior Management Analyst Merit Increase 3306/5 07/01/2010 $6356.72 PW Hector Gonzalez Engineering Assistant Reg. Appt/Merit 4186/3 Inc $4765.21 07/11/2010 B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to the Rules of The Civil Service System. DEPARTMENT NAME CLASSIFICATION EFFECTIVE RANGE/STEP DATE BASE MO.SALARY PD Cherie Eads Police Officer TBD 6101/1 $5495.09 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. g) • * y 1,1'()a;' ' 1 us TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MARCENE HAMILTON, CITY TREASURER DATE: SEPTEMBER 7, 2010 SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES FOR THE MONTH OF JUNE 2010 RECOMMENDATION: It is recommended that the Council Members receive, review, and file the City Treasurer's Report for the City of Azusa for the month of June 2010. BACKGROUND: Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa for the month of June 2010. City investments are made in accordance with the City's Investment Policy adopted and approved with Resolution No. 05 — C16 dated, October 5, 2009 and Government Code Section 53600 et seq. FISCAL IMPACT: The balances of cash, investments, and projected revenues for the next six months are expected to be sufficient to meet cash disbursement requirements of the City for at least the next six months. The change in total cash in bank and investments from May 31, 2010 to June 30, 2010 is a net increase of$797,836.82 CITY OF AZUSA TREASURER'S REPORT Fiscal Year Comparison Summary June 30, 2010 Prepared by: Marcene Hamilton,Treasurer Balances at Fiscal Year End Account Description June 30,2004 June 30,2005 June 30,2006 June 30,2007 June 30,2008 June 30,2009 June 30,2010 WFB Checking and $ 3,307,756.78 $ 1,549,252.27 $ 1,867,010.55 $ 1,674,126.11 $ 1,900,059.24 $ 959,143.48 $ 2,637,281.94 Sweep Accounts WFB-Section 108 Choice IV Not Established $ 486,551.42 $ 492,073.29 $ 94,856.07 $ 30,808.39 $ 30,820.24 $ 30,855.22 Public Fund Account WFB-Certificate of Deposit-ISO $ 2,275,001.22 $ 2,275,001.22 $ 2,438,147.30 $ 2,507,823.26 $ 2,595,799.57 $ 2,643,604.65 $ 2,674,008.81 Collateral Account WFB-Certificate of Deposit-Covington Not Established $ 100,000.00 $ 99,921.82 $ 106,516.81 $ 114,120.91 $ 117,672.10 $ 117,693.49 Trust Account Local Agency Investment Fund $ 25,238,578.43 $ 39,272,739.63 $ 15,830,000.71 $14,862,044.90 $15,928,513.19 $17,830,664.55 $ 12,907,551.52 (LAI F) WFB-3rd Party Custodial Trust Not Established Not Established Not Established $ 6,627,608.33 $ 6,518,921.22 $ 1,500,083.26 $ 2,525,001.01 Investment Account City of Azusa- Agency Securities $ 25,487,371.67 $ 20,497,291.67 $ 51,455,635.00 $41,467,695.00 $49,977,140.00 $35,998,500.00 $ 31,992,650.00 Investments Light&Water Rate Stabilization $ 9,215,000.00 $ 9,215,000.00 $ 9,215,000.00 $ 9,215,000.00 $ 9,215,000.00 $ 9,215,000.00 $ 9,215,000.00 Agency Securities Investments Total Cash in Bank and Investments $ 65,523,708.10 $ 73,395,836.21 $ 81,397,788.67 $76,555,670.48 $86,280,362.52 $68,295,488.28 $ 62,100,041.99 Interest Earned Not Reported Not Reported Not Reported $ 3,458,951.68 $ 3,401,836.35 $ 2,705,736.96 $ 1,325,415.43 CITY OF AZUSA TREASURER'S REPORT Treasury Checking Accounts and Certificates of Deposit June 30, 2010 Held in Wells Fargo Bank Prepared by: Marcene Hamilton, Treasurer Interest or Balance Face Maturity Account Number Amount Date Coupon Description or CUSIP or Rate Market Value Checking Accounts General Checking Account XXX-XXX1244 346,146.00 Stagecoach Sweep Account DDA XXX-XXX1244 2,290,946.82 Worker's Compensation Checking XXXX-XX0318 0.00 Flexible Reimbursement XXXX-XX5036 0.00 Payroll Checking(ZBA account) XXXX-XX1393 0.00 Police Petty Cash Fund XXX-XXX0334 189.12 Section 108 0.970% Choice IV-Public Fund Account XXX-XXX2239 30,855.22 200,000 11/14/06 3.060% FHLB 3.060 11/14/06 (Matured) 3133X6PD2 0.00 ISO Collateral Account 300,000 Every 30 Days 0.050% Certificate of Deposit XXX-XXX1658 314,069.83 1,975,001 04/07/07 3.748% Certificate of Deposit XXX-XXX2840 2,359,938.98 Covington Endowment Money Market Mutal Funds WFB XXXX7554 17,693.49 100,000 06/29/09 4.200% Certificate of Deposit-25467JG21 WFB 25467JG21 100,000.00 TOTALS 5,459,839.46 CITY OF AZUSA TREASURER'S REPORT TREASURY INVESTMENTS June 30,2010 Prepared by: Marcene Hamilton,Treasurer Coupon Maturity Settlement Market Price Broker Face Amount Description Acct/Cusip No. Principal` (Changes Market Value"" Rate Date Date Monthly) City of Azusa Investments - AAA Rated Federal Agency Bonds Wachovia Sec 2,000,000 FHLB 3.125 11/17/11 3.125% 11/17/11 3133XSM70 11/17/08 2,000,000.00 100.906000 2,018,120.00 Wachovia Sec 2,000,000 FFCB 2.25002/17/12 2.250% 02/17/12 31331GND7 03/16/09 1,999,000.00 102.438000 2,048,760.00 Wachovia Sec 1,000,000 FHLB 2.250 04/13/12 2.250% 04/13/12 3133XTAW6 03/16/09 999,500.00 102.750000 1,027,500.00 Higgins Capital 2,000,000 FHLMC 2.500 04/08/13 2.500% 04/08/13 3128X8TZ5 04/08/09 2,000,000.00 101.533000 2,030,660.00 Gilford Sec 2,000,000 FHLB 2.500 12/23/13 2.500% 12/23/13 3133XW7E3 12/23/09 1,997,000.00 100.906000 2,018,120.00 Wachovia Sec 1,000,000 FFCB 2.700 1/21/14 2.700% 01/21/14 3128X9UU2 01/21/10 1,000,000.00 100.131000 1,001,310.00 Gilford Sec 1,000,000 FFCB 2.420 02/11/14 2.420% 02/11/14 31331JDL4 02/11/10 1,000,000.00 100.844000 1,008,440.00 Gilford Sec 1,000,000 FHLB 2.400 03/24/14 2.400% 03/24/14 3133XXLU9 03/24/10 998,400.00 101.250000 1,012,500.00 Gilford Sec 1,000,000 FHLB 2.500 04/28/14 2.500% 04/28/14 3133XY2A2 04/28/10 1,000,000.00 100.781000 1,007,810.00 Gilford Sec 2,000,000 FFCB 2.450 5/13/14 2.450% 05/13/14 31331JNM1 05/14/10 2,000,000.00 101.406000 2,028,120.00 Higgins Capital 2,000,000 FFCB 3.68008/18/14 3.680% 08/18/14 31331G159 08/18/09 2,000,000.00 100.469000 2,009,380.00 Higgins Capital 2,000,000 FHLB 1.500 Step Up to 6.000 1.500% 11/26/14 3133XYKV6 05/26/10 2,000,000.00 100.500000 2,010,000.00 Gilford Sec 1,000,000 FFCB 2.950 02/02/15 2.950% 02/15/15 31331JCX9 02/02/10 1,000,000.00 101.531000 1,015,310.00 Gilford Sec 2,000,000 `.FHLB 2..45006/09/14 2.450% ', 06/09/14 3133XYR31 06/09/10 2,000,000.00 100.344000 2,006,880.00 Wachovia Sec 1,000,000 ,FHLB 2.000 12/09/13 2.000% 12/09/13 3133XYPX7 06/09/10 1,000,000.00 100.500000 1,005,000.00 Wachovia Sec 2,000,000FFCB 1.600 6/17/13 1.600% 06/17/13 31331JRR6 06/17/10 2,000,000.00 100.344000 2,006,880.00 Higgins Capital 2,000,000 FHLMC 3.050 02/24/15 3.050% 02/24/15 3128X9XE5 02/24/10 2,000,000.00 100.382000 2,007,640.00 Gilford Sec 1,000,000 FHLB 3.000 03/23/15 3.900% 03/23/15 3133XXH42 03/23/10 1,000,000.00 100.531000 1,005,310.00 Gilford Sec 2,000,000 FFCB 2.98004/20/15 2.980% 04/28/15 313313LB7 04/20/10 2,000,000.00 101.844000 2,036,880.00 Wachovia Sec 2,000,000 FHLB 2.000 Step Up to 3.300 2.000% 05/18/15 3133XYCC7 05/18/10 1,998,750.00 101.000000 2,020,000.00 TOTALS 32,000,000 31 992 650 00 32,324,620;00 WFB-CITY THIRD PARTY CUSTODIAL TRUST ACCT 0.150% N/A N/A N/A 1,525,000.00 100.000000 1,525,000.00 Light&Water Fund Investments - AAA Rated Federal Agency Bonds Higgins Capital 1,215,000.00 FHLB 2.100 09/06/11 2.100% 09/06/11 3133XTA97 03/06/09 1,215,000.00 101.875000 1,237,781.25 Higgins Capital 2,000,000.00 FNMA 2.25002/24/12 2.250% 02/24/12 3136FHCF0 02/27/09 2,000,000.00 101.094000 2,021,880.00 Higgins Capital 3,000,000.00 FFCB 3.680 08/18/14 3.680% 08/18/14 31331GJ59 08/18/09 3,000,000.00 100.469000 3,014,070.00 Higgins Capital 3,000,000.00 FNMA 3.00001/29/15 3.000% 01/29/15 31398AE81 01/29/10 3,000,000.00 100.188000 3,005,640.00 TOTALS 9,215,000.00 9,215,000,00 9,279,371.25 WFB-L&W THIRD PARTY CUSTODIAL TRUST ACCT 0.150% N/A N/A N/A 1,000,001.01 100.000000 1,000,001.01 LAIF-CITY LOCAL AGENCY INVESTMENT FUND 0.528% N/A N/A N/A 12,907,551.52 100.000000 12,907,551.52 TOTAL INVESTMENTS IN FEDERAL AGENCIES,WFB INSTITUTIONAL TRUSTS,and LAIF 56,640,202.53 57.036.543.78 INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From July 1,2009) 1,325,415.43 *The"Principal"column reflects the balance on the last day of the month or the"historical cost"spent to purchase a security. **The"Market Value" is the current price at which a security can be traded or sold. i Treasurer Report June 2010 Times Roman.xls 7/14/2010 5:17 PM CITY OF AZUSA TREASURER'S REPORT INVESTMENT INTEREST EARNINGS Thru June 30,2010 Prepared by: Marcene Hamilton,Treasurer Scheduled Scheduled Interest Face Amount Net Amount Coupon Maturity Date Acct/Cusip No. Payment 2009/2010 Semi-Annual Received Fiscal Rate Schedule Interest Payment Year to Date" Earnings Amount City of Azusa Investments - AAA Rated Federal Agency Bonds 2,000,000 2,000,000 4.300% MATURED 3133XCDQ3 7/14&1/14 43,000.00 43,000.00 43,000.00 2,000,000 2,000,000 2.375% CALLED 3133XSRF7 7/9&1/9 23,750.00 23,750.00 24,541.67 2,000,000 2,000,000 2.550% CALLED 31331GSD2 10/8&4/9 14,733.33 14,733.33 14,733.33 2,000,000 2,000,000 2.350% CALLED 3133XSXQ6 8/6&2/6 t 47,000.00 23,500.00 23,500.00 2,000,000 2,000,000 2.875% CALLED 31331GUE7 11/6&5/6 57,500.00 28,750.00 22,201.39 2,000,000 2,000,000 3.875% CALLED L'' 31331GE00 11/10&5/10 77,500.00 38,750.00 38,750.00 2,000,000 2,000,000 3.375% CALLED 31331GEW5 11/18&5/18 67,500.00 33,750.00 33,750.00 2,000,000 2,000,000 4.200% MATURED 3133X9N48 12/15&6/15 84,000.00 42,000.00 42,000.00 2,000,000 2,000,000 2.000% CALLED 3136FHXH3 12/10&6/10 40,000.00. 20,000.00 20,000.00 1,000,000 1,000,000 3.950% r CALLED 31331Y3E8 7/15&1/15 39,500.00 19,750.00 39,500.00 2,000,000 2,000,000 2.550% CALLED 3133XT2P0 8/24&2/24 51,000.00 25,500.00 51,000.00 1,000,000 1,000,000 3.000% SOLD 3128X9SD3 12/30&6/30 15,000.00 15,000.00 4,500.00 1,000,000 1,000,000 3.300% SOLD 3136FJK83 7/15&1/15 , 0.00 16,500.00 4,491.67 1,000,000 1,000,000 2.250% CALLED 31331JBT9 7/29&1/29 0.00 11,250.00 7,275.00 2,000,000 2,000,000 2.300% CALLED 31331G4J5 9/3&3/3 11,500.00 11,500.00 18,527.78 2,000,000 2,000,000 1.125% CALLED 3133XVU25 11/27&5/27 11,250.00 11,250.00 11,250.00 2,000,000 2,000,000 2.500% CALLED 31331GVS5 11/20&5/20 50,000.00 25,000.00 50,000.00 4,000,000 4,000,000 3.450% CALLED 3133XQTD4 11/14&5/14 138,000.00 69,000.00 138,000.00 1,000,000 1,000,000 2.000% CALLED 'I 3133WWH8 8/26&2/26 0.00 10,000.00 5,000.00 2,000,000 2,000,000 3.750% 06/17/14 31331GYT0 12/17&6/17 : 75,000.00 37,500.00 75,000.00 2,000,000 2,000,000 3.125% 11/17/11 3133XSM70 11/17&5/17 62,500.00 31,250.00 62,500.00 2,000,000 1,999,000 2.250% 02/17/12 3133IGND7 8/16&2/17 45,000.00 22,500.00 45,000.00 1,000,000 999,500 2.250% 04/13/12 3133XTAW6 10/13&4/13 22,500.00 11,250.00 22,500.00 2,000,000 2,000,000 2.500% 04/08/13 3128X8TZ5 10/8&4/8 50,000.00 25,000.00 50,000.00 2,000,000 2,000,000 2.500% 12/23/13 3133XW7E3 12/23&6/23 25,000.00 25,000.00 25,000.00 1,000,000 1,000,000 2.700% 01/21/14 3128X9UU2 7/21&1/21 0.00 13,500.00 1,000,000 1,000,000 2.420% 02/11/14 31331JDL4 8/11&2/11 0.00 12,100.00 1,000,000 1,000,000 2.400% 03/24/14 3133XXLU9 9/24&3/24 0.00 12,000.00 1,000,000 1,000,000 2.500% 04/28/14 3133XY2A2 10/28&4/28 0.00 12,500.00 2,000,000 2,000,000 2.450% 06/09/14 3133XYR31 12/9&6/9 0.00 24,500.00 1,000,000 1,000,000 2.000% 12/09/13 3133XYPX7 12/9&6/9 0.00 10,000.00 2,000,000 2,000,000 1.600% - 06/17/13 31331JRR6 12/17&6/17 0.00 16,000.00 2,000,000 2,000,000 2.450% 05/13/14 3133IJNM1 11/13&5/13 136.11 24,500.00 136.11 2,000,000 2,000,000 3.680% 08/18/14 31331G359 8/18&2/18 36,800.00 36,800.00 36,800.00 2,000,000 2,000,000 1.500% 11/26/14 3133XYKV6 11/2&5/26 0.00 15,000.00 1,000,000 1,000,000 2.950% 02/15/15 31331JCX9 8/2&2/2 0.00 14,750.00 2,000,000 2,000,000 3.050% 02/24/15 3128X9XE5 8/24&2/24 0.00 30,500.00 1,000,000 1,000,000 3.000% 03/23/15 3133XXH42 9/23&3/23 0.00 15,000.00 2,000,000 2,000,000 2.980% 04/20/15 31331JLB7 10/20&4/20 0.00 29,800.00 2,000,000 1,998,750 2.000% 05/18/15 3I33XYCC7 11/18&5/18 0.00 20,000.00 32,000,000 ACTIVE INVESTMENTS 1,088,169.44 922,433.33 908,956.95 CITY-Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset 1,525,000.00 0.150% n/a N/A Monthly Per Balance and Rate 3,946.55 Light&Water Fund Investments-AAA Rated Federal Agency Bonds 3,000,000 3,000,000 2.350% CALLED 3133XSXQ6 8/6&2/6 70,500.00 35,250.00 35,250.00 3,000,000 3,000,000 4.150% : CALLED 3133XNZC6 7/29&1/29 124,500.00 62,250.00 124,500.00 1,215,000 1,215,000 2.100% 09/06/11 3133XTA97 9/6&3/6 25,515.00 12,757.50 25,515.00 2,000,000 2,000,000 2.250% 02/24/12 3136FHCF0 8/24&2/24 45,000.00 22,500.00 45,000.00 3,000,000 3,000,000 3.680% 08/18/14 31331G359 8/18&2/18 55,200.00 55,200.00 55,200.00 3,000,000 3,000,000 3.000% 01/29/15 31398AE81 7/29&1/29 0.00 45,000.00 9,215,000 ACTIVE INVESTMENTS 320,715.00 232,957.50 285,465.00 Light&Water Stablization-Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset 1,000,001.01 0.150% N/A N/A Monthly Per Balance and Rate 159.96 0.00 CITY-Local Agency Investment Fund-Liquid Asset 12,907,551.52 0.528% N/A N/A Quarterly Per Balance and Rate 126,886.97 •Fiscal Year: July 1-June 30 TOTAL INTEREST EARNED YTD 1,325,415.43 Dv 141 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MARCENE HAMILTON, CITY TREASURER leis'._:...,i DATE: SEPTEMBER 7, 2010 SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES FOR THE MONTH OF JULY 2010 RECOMMENDATION: It is recommended that the Council Members receive, review, and file the City Treasurer's Report for the City of Azusa for the month of July 2010. BACKGROUND: Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa for the month of July 2010. City investments are made in accordance with the City's Investment Policy adopted and approved with Resolution No. 05 — C16 dated, October 5, 2009 and Government Code Section 53600 et seq. FISCAL IMPACT: The balances of cash, investments, and projected revenues for the next six months are expected to be sufficient to meet cash disbursement requirements of the City for at least the next six months. The change in total cash in bank and investments from June 30, 2010 to July 31, 2010 is a net decrease of$4,787,121.64. CITY OF AZUSA TREASURER'S REPORT Treasury Checking Accounts and Certificates of Deposit July 31,2010 Held in Wells Fargo Bank Prepared by: Marcene Hamilton, Treasurer Face Maturity Interest or Balance Account Number Amount Date Coupon Description or CUSIP or Rate Market Value Checking Accounts General Checking Account XXX-XXX1244 146,518.00 Stagecoach Sweep Account DDA XXX-XXX1244 1,655,146.17 Worker's Compensation Checking XXXX-XX0318 0.00 Flexible Reimbursement XXXX-XX5036 0.00 Payroll Checking (ZBA account) XXXX-XX1393 0.00 Police Petty Cash Fund XXX-XXX0334 189.12 Section 108 0.970% Choice IV-Public Fund Account XXX-XXX2239 30,857.58 200,000 11/14/06 3.060% FHLB 3.060 11/14/06 (Matured) 3133X6PD2 0.00 ISO Collateral Account 300,000 Every 30 Days 0.050% Certificate of Deposit XXX-XXX1658 314,069.83 1,975,001 04/07/07 3.748% Certificate of Deposit XXX-XXX2840 2,359,938.98 Covington Endowment Money Market Mutal Funds WFB XXXX7554 17,687.65 100,000 06/29/09 4.200% Certificate of Deposit- 25467JG21 WFB 25467JG21 100,000.00 TOTALS 4,624,407.33 • CITY OF AZUSA TREASURER'S REPORT TREASURY INVESTMENTS July 31,2010 Prepared by: Marcene Hamilton.Treasurer Coupon Maturity Settlement Market Price Broker Face Amount Description Rate Date Acct/Cusip No. Date Principal* (Changes Market Value** Monthly) City of Azusa Investments - AAA Rated Federal Agency Bonds Wachovia Sec 2,000,000 FHLB 3.12511/17/11 3.125% 11/17/11 3133XSM70 11/17/08 2,000,000.00 100.719000 2,014,380.00 Wachovia Sec 2,000,000 FFCB 2.25002/17/12 2.250% 02/17/12 31331GND7 03/16/09 1,999,000.00 102.500000 2,050,000.00 Wachovia Sec 1,000,000 FHLB 2.25004/13/12 2.250% 04/13/12 3133XTAW6 03/16/09 999,500.00 102.813000 1,028,130.00 Higgins Capital 2,000,000 FHLMC 2.500 04/08/13 2.500% 04/08/13 3128X8TZ5 04/08/09 2,000,000.00 101.385000 2,027,700.00 Gilford Sec 2,000,000 FHLB 2.500 12/23/13 2.500% 12/23/13 3133XW7E3 12/23/09 1,997,000.00 100.781000 2,015,620.00 Gilford Sec 1,000,000 FFCB 2.420 02/11/14 2.420% 02/11/14 313313DL4 02/11/10 1,000,000.00 100.906000 1,009,060.00 Gilford Sec 1.000,000 FHLB 2.40003/24/14 2.400% 03/24/14 3133XXLU9 03/24/10 998,400.00 101.313000 1,013,130.00 Gilford Sec 1,000,000 FHLB 2.500 04/28/14 2.500% 04/28/14 3133XY2A2 04/28/10 1,000,000.00 100.594000 1,005,940.00 Gilford Sec 2,000,000 FFCB 2.450 5/13/14 2.450% 05/13/14 31331JNM1 05/14/10 2,000,000.00 101.531000 2,030,620.00 Higgins Capital 2,000,000 FFCB 3.68008/18/14 3.680% 08/18/14 31331GJ59 08/18/09 2,000.000.00 100.156000 2,003,120.00 Higgins Capital 2,000,000 FHLB 1.500 Step Up to 6.000 1.500% 11/26/14 3133XYKV6 05/26/10 2,000,000.00 100.469000 2,009,380.00 Gilford Sec 1,000,000 FFCB 2.950 02/02/15 2.950% _ 02/15/15 31331JCX9 02/02/10 1,000,000.00 101.375000 1,013,750.00 Gilford Sec 2,000,000 FHLB 2.450 06/09/14 2.450% 06/09/14 3133XYR31 _ 06/09/10 2,000,000.00 100.219000 2,004,38000 Wachovia Sec 1,000,000 FHLB 2.00012/09/13 2.000% 12/09/13 3I33XYPX7 06/09/10 1,000,000.00 100.531000 1,005,310.00 Wachovia Sec 2,000,000 FFCB 1.6006/17/13 1.600% 06/17/13 31331JRR6 06/17/10 2,000,000.00 100.750000 2,015,000.00 Higgins Capital 2,000,000 FHLMC 3.050 02/24/15 3.050% 02/24/15 3128X9XE5 02/24/10 2,000,000.00 100.168000 2,003,360.00 Gilford Sec 1,000.000 FHLB 3.000 03/23/15 3.000% 03/23/15 3133XXH42 03/23/10 1,000,000.00 100.344000 1,003,440.00 Gilford Sec 2,000,000 FFCB 2.98004/20/15 2.980% 04/28/15 31331JLB7 04/20/10 2,000,000.00 102.469000 2,049,38000 Wachovia Sec 2,000,000 FHLB 2.000 Step Up to 3.300 2.000% 05/18/15 3133XYCC7 05/18/10 _ 1,998,750.00, 101.469000 2,029,380.00 TOTALS 31,000,000 30,992,650.00 31,331,080.00 WFB-CITY THIRD PARTY CUSTODIAL TRUST ACCT 0.150% N/A N/A N/A 1,511,250.00 100.000000 1,511,250.00 Light&Water Fund Investments - AAA Rated Federal Agency Bonds Higgins Capital 1,215,000.00 FHLB 2.10009/06/11 2.100% 09/06/11 3133XTA97 03/06/09 1,215,000.00 101.906000 1,238,157.90 Wachcovia 1,000,000.00 FHLB 1.40007/12/13 1.400% 07/12/13 3133702W7 07/12/10 1,000,000.00' 100.625000 1,006,250.00 Higgins Capital 2,000,000.00 FNMA 2.250 02/24/12 2.250% 02/24/12 3136FHCF0 02/27/09 2,000,000.00 101.000000 2,020,000.00 Higgins Capital 3,000,000.00 FFCB 3.680 08/18/14 3.680% , 08/18/14 31331G359 08/18/09 3,000,000.00 100.156000 3,004,680.00 TOTALS 7,215,000.00 7,215,000.00 7,269,087.90 WEB-L&W THIRD PARTY CUSTODIAL TRUST ACCT 0.150% N/A '.N/A N/A 2,545,005.12 100.000000 2,545,005.12 LAIF-CITY LOCAL AGENCY INVESTMENT FUND 0.531% N/A N/A N/A 10,424,607.90 100.000000 10,424,607.90 TOTAL INVESTMENTS IN FEDERAL AGENCIES,WFB INSTITUTIONAL TRUSTS,and LAIF 52,688,513.02 53,081,030.92 • INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From July 1,2009) 73,627.81 *The"Principal"column reflects the balance on the last day of the month or the"historical cost"spent to purchase a security. **The"Market Value" is the current price at which a security can be traded or sold. Treasurer Report July 2010 Times Roman.xls 8/30/2010 7:05 PM CITY OF AZUSA TREASURER'S REPORT INVESTMENT INTEREST EARNINGS Thru July 31, 2010 Prepared by: Marcene Hamilton,Treasurer Scheduled Scheduled Coupon Payment 2010/2011 Semi-Annual Interest Face Amount Net Amount Received Fiscal Rate Maturity Date Acct/Cusip No. Schedule Interest Payment Earnings Amount Year to Date* City of Azusa Investments - AAA Rated Federal Agency Bonds 1.000,000 1,000,000 2.700% CALLED 3128X9UU2 7/21 & 1/21 0.00 13,500.00 11,250.00 2,000,000 2,000,000 3.125% 11/17/11 3133XSM70 11/17&5/17 62,500.00 31,250.00 2,000,000 1,999,000 2.250% 02/17/12 31331GND7 8/16&2/17 45,000.00_ 22,500.00 1,000,000 999,500 2.250% 04/13/12 3133XTAW6 10/13&4/13 22,500.00 11,250.00 2,000,000 2,000,000 2.500% 04/08/13 3128X8TZ5 10/8&4/8 50,000.00 25,000.00 2,000,000 1,997,000 2.500% 12/23/13 3133XW7E3 12/23&6/23 50,000.00 25,000.00 1,000,000 1,000,000 2.420% 02/11/14 31331JDL4 8/11 &2/11 24,200.00 12,100.00 1,000,000 998,400 2.400% 03/24/14 3133XXLU9 9/24&3/24 24,000.00 12,000.00 1,000,000 1,000,000 2.500% 04/28/14 3133XY2A2 10/28&4/28 25,000.00 12,500.00 2,000,000 2,000,000 2.450% 06/09/14 3133XYR31 12/9&6/9 49,000.00 24,500.00 1,000,000 1,000,000 2.000% 12/09/13 3I33XYPX7 12/9&6/9 20,000.00 10,000.00 2,000,000 2,000,000 1.600% 06/17/13 31331JRR6 12/17&6/17 32,000.00 16,000.00 2,000,000 2,000,000 2.450% 05/13/14 31331JNM1 11/13&5/13 49,000.00 24,500.00 2,000,000 2,000,000 3.680% 08/18/14 31331GJ59 8/18&2/18 73,600.00 36,800.00 2,000,000 2,000,000 1.500% 11/26/14 3133XYKV6 11/2&5/26 30,000.00 15,000.00 1,000,000 1,000,000 2.950% 02/15/15 31331JCX9 8/2&2/2 29,500.00 14,750.00 2,000,000 2,000,000 3.050% 02/24/15 3128X9XE5 8/24&2/24 61,000.00 30,500.00 1,000,000 1,000,000 3.000% 03/23/15 3133XXH42 9/23&3/23 30,000.00 15,000.00 2,000,000 2,000,000 2.980% 04/20/15 31331JLB7 10/20&4/20 59,600.00 29,800.00 2,000,000 1,998,750 2.000% 05/18/15 3133XYCC7 11/18&5/18 40,000.00 20,000.00 31,000,000 30,992,650.00 ACTIVE INVESTMENTS 776,900.00 401,950.00 11,250.00 CITY-Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset 1,511,250.00 0.150% n/a N/A Monthly Per Balance and Rate 317.32 Light&Water Fund Investments-AAA Rated Federal Agency Bonds 3,000,000 3,000,000 3.000% CALLED 31398AE81 7/29& 1/29 45,000.00 45,000.00 45,000.00 1,215,000 1,215,000 2.100% 09/06/11 3133XTA97 9/6&3/6 25,515.00 12,757.50 2,000,000 2,000,000 2.250% 02/24/12 3136FHCF0 8/24&2/24 45,000.00 22,500.00 3,000,000 3,000,000 3.680% 08/18/14 31331GJ59 8/18&2/18 110,400.00 55,200.00 _ 1,000,000 1,000,000 1.400% 07/12/13 3133702W7 7/12& 1/12 7,000.00 7,000.00 7,215,000 7,215,000 ACTIVE INVESTMENTS 232,915.00 142,457.50 45,000.00 Light&Water Stablization-Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset 2,545,005.12 0.150% N/A N/A Monthly Per Balance and Rate 4.11 0.00 CITY-Local Agency Investment Fund-Liquid Asset 10,424,607.90 0.531% N/A N/A Quarterly Per Balance and Rate 17,056.38 Fiscal Year: July 1 -June 30 TOTAL INTEREST EARNED YTD 73,627.81 r of 4:t0114-ii*kii^ I- I VA*: FOR. AZUSAi CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR VIA: F.M. DELACH, CITY MANAGERO DATE: SEPTEMBER 7, 2010 ( ' . SUBJECT: CONSIDERATION OF FARMER'S MARKET AT BLOCK 36 RECOMMENDATION It is recommended that the City Council approve a Farmer's Market event at Block 36 with Family Festival Productions Inc. (FFPI). BACKGROUND On May 3, 2010, the City Council approved a resolution setting forth the City's commitment to obesity prevention. The adopted resolution stated the City Council would "facilitate the citing of new grocery stores, community gardens and farmers markets to increase access to healthy food, including fresh fruits and vegetables." In addition, the City recently improved the Block 36 property to allow for additional parking and/or special events. FFPI is a Monrovia based company that presents street fairs and festivals, certified farmer's markets, catered events, and special events of all types. FFPI is the current producer of Old Town Monrovia's successful Friday night Family Festival event and Sunday Farmer's Market. In addition to Monrovia's events, FFPI currently puts on street fairs in Uptown Whittier and the City of La Verne. Staff contacted FFPI regarding interest in producing a weekly farmer's market event in the City of Azusa. Based on FFPI's research and the City's location, a Saturday show from 9:00 a.m. to 1:00 p.m. beginning in early spring of 2011 is recommended. FFPI proposes to provide all necessary show infrastructure, including power generators, quality portable restrooms, street/event signage, and any necessary barricades. FFPI is prepared to include a Certified Farmer's Market, food court area, children's play zone, commercial vendor's booths, and live entertainment. Staff will work with FFPI staff to ensure the quality of vendors. FISCAL IMPACT As FFPI will provide all necessary show infrastructure, there would be no fiscal impact to the City associated with the Farmer's Market. Staff will promote the events using existing publications. Attachment: Family Festival Productions Inc. Letter 11 P.O. Box 1795 Phone: (866) 440-3374 Monrovia, CA 91017 Fax: (626) 359-4678 y r a y s Family Festival Productions Inc. August 18, 2010 Tito Haes, Public Works Director/ Assistant City Manager City of Azusa 213 E. Foothill Blvd. — P.O Box 1395 Azusa, CA 91702-1395 Dear Mr. Haes: We are very interested in presenting a weekly farmer's market event in the City of Azusa that would enhance the community and provide a location for attendance by surrounding cities shoppers. Offering such a market can help build a foundation for visitors and create awareness to the downtown Azusa business area, as well as providing a service and a program to the residents of Azusa. Please review the following comments about a proposed farmer's market along with a brief outline of Family Festival Productions Inc., background in producing similar events along with fund-raising activities, car shows, and fairs & festivals of all types. If you have any questions or need further information, please do not hesitate to contact us at FFPI and we will respond to your inquiry. City of Azusa Market The proposed City of Azusa Farmer's Market is an event to bring the community together in a family activity and to build a base of visitors to the downtown business district. We have done a Certified Farmer's Market area research of surrounding cities to determine which communities currently have similar programs. Attached is a copy of the report for your review. We have based our day selection on the following factors: availability of FFPI show production resources, ability to recruit good CFM vendors, and the competition with other markets in the area. The best choice day/time of the week we would recommend is Saturday mornings in a timeslot from 9 a.m. to 1:00 p.m. We would require access to the site beginning at 7 a.m. and would vacate the location by 2:30 p.m. We would provide our own generator, toilets trailer, and clean-up of the site. Company History & Service Family Festival Productions Inc. (FFPI) is a Monrovia, CA based company that presents street fairs & festivals, certified farmer's markets, catered events, and special events of all types. FFPI provides a completely self-contained show infrastructure with all necessary equipment including: power generators, movie studio quality restrooms, road closure barricades, required street/event signage and much more. Street fairs can consist of elements like: a Certified Farmer's Market (CFM), food court area, children's play zone, commercial vendor's booths, and live entertainment. Cities where weekly street fair programs have currently been held are: • 18 years in the Old Town at City of Monrovia • 8 years in Uptown Whittier • 5 years in the City of La Verne Previous locations include the cities of:San Gabriel,Montrose,Northridge,San Fernando,Glendora and Huntington Beach. Special events have comprised activities such as car shows,arts&crafts shows,food festivals,fund-raising events,catering and corporate&private party events. FFPI ensures that all food vendors have complied with County Health Department regulations and that all vendors have appropriate business licenses.Additionally,FFPI will carry all the necessary event insurance coverage. Weekly,seasonal or one-day type of events can be tailored for each sponsoring organizations needs.FFPI has a complete staff of experienced professionals to assist in the planning and implementation of all types of various events and activities. Springtime would be the best time to begin a schedule of family festival shows as we could start either in March in April and go into the fall.If you need us to make a presentation to the Azusa City Council,we'd be happy to do it.We hope you Again,please do not hesitate to contact me if I can provide any additional information. We look forward to presenting a certified farmers market Family Festival in the City of Azusa. Sincerely, Larry Trujillo,FFPI Community Relations Director Email:larry truiillo 91101evahoo.com Cell phone: 626-274-0011 Attachment: Cities CFMs CITIES SURROUNDING CITY OF AZUSA With FARMERS MARKETS [Area selected : Mountains North - Puente Hills south; 605 Freeway West - 57 Freeway East] • DUARTE Sat. 9am-1 pm Huntington Dr. & Buena Vista St. • COVINA Fri. 5-9pm Civic Center Park - Citrus Ave. • BALDWIN PARK Fri. 7:30am-12:30pm Kaiser Hospital Patio - Baldwin Park Blvd. (Bi-weekly) • WEST COVINA Sat. 8am-1 pm West Covina Parkway & California Ave. • VALINDA/LA PUENTE Thur. 3-8pm California & Temple Avenues, La Puente • SAN DIMAS Wed. 5-9pm Bonita Ave. & San Dimas Ave. • LA VERNE Thur. 5-9pm "D" Street between Bonita & 3rd St. • DIAMOND BAR Sat. 9am-2pm 1920 S. Brea Canyon Cutoff Rd., Walnut y t; Ili 11 �,z �,.� o�3aw"7» ...wt4 Poass '��"S S"_ y '""3"�'m`+"+ i r.;:w!A<aft•-• r*""Thr' �. -._. ._..., U,tx� ;'P�' x5F"' . } �. Vit''4:sp:;. "�:« t' h'�,�, -�°":°'..:.v. a.�. ,..,k �^ 1* s.t-• �.'*' , 7;g�;;'§t >Mv S .&., u 7: k s u>° 'sok -C f s.« :. a !;(�. ,.. 4 : n. fF , .<,i: •;:`-. ,.5.-,..r H .e'k..y H"!v '0"3� R 3.. k'+�:°L: c A ,.r .,7.C..' a� •;-fir, '.�'Y�-' .."3 s" Rfr...f � � ➢ a i..x t ���� : £Y vaus k.x.r�� be ,�_ � • .::xp' �$.��i4 .` '� N'�.HF^e`.:. � iax� ,ff ''off �bat% � t , °s ,y � 5 �'� .' _ "5 c"..) ., g , '. X....z-, �..§g,y� �. y �� £iilyZUSk CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR VIA: F.M. DELACH, CITY MANAGER ,I4�', DATE: SEPTEMBER 7, 2010 SUBJECT: CIP #66110H; TARGET PEDESTRIAN IMPROVEMENTS PROJECT: APPROVAL OF CHANGE ORDER #2 RECOMMENDATION It is recommended that the City Council approve Change Order #2 in the amount of $93,201 .32 authorizing additional street resurfacing along Ninth Street and San Gabriel Avenue. BACKGROUND On March 15, 2010, the City Council awarded CIP #661110H to Sully-Miller Contracting Company to perform street and concrete improvements adjacent to the Target site and numerous intersections around the City in the amount of $258,240.95. These improvements include new curb ramps, sidewalk, a crosswalk, drainage upgrades, and street resurfacing on Azusa Avenue between the railroad tracks & Ninth Street and the east half of San Gabriel Ave between the railroad tracks & Ninth Street. During construction, additional and unforeseen utility work was performed along Ninth Street and San Gabriel Avenue adjacent to the Target site that resulted in numerous trenches, thus worsening the street to a poor condition. To eliminate the poor condition of the roadways, the Public Works Department negotiated with Sully-Miller Contracting Company to resurface Ninth Street between San Gabriel Avenue & Azusa Avenue and the west half of San Gabriel Avenue between the railroad tracks & Ninth Street as detailed in Change Order #2 attached. FISCAL IMPACT The awarded project cost for CIP #66110H was $258,240.95. The additional street resurfacing will cost $93,201 .32, increasing the total contract amount to $351 ,442.27 which is still below the original budgeted amount of $414,000 in the FY09-10 budget. In addition, $10,359.36 of Change Order #2 is within Whiting-Turner's (Target Contractor) scope of work. As such, Whiting-Turner will be invoiced for that amount. The project and the additional work are funded by the Redevelopment 2008A Bond funds. Attachment: Change Order #2 inimv U u1 c 4 ,,,�a.,., ^. 3- ,k r+,�sr 'S•c�`�^.i--xr. i� i'r .lam* _* r.. _ [ ' `5 "- int°''-sr v. c .u°. [ z „`"-.# 5 �o•F�'",..:.;sn r' -. '� „�- •s,� -(1 '�11FORl��P us... CITY OF AZUSA DEPARTMENT OF PUBLIC WORKS CHANGE ORDER NO. 2 Date: August 17,2010 Project: Target Pedestrian Improvements Contractor: Sully-Miller Contracting Co.. Original Contract Amount: $234,764.50 Previous Approved Change Orders: $5,390.00 This Change Order: $93,201.32 Revised Contract Amount: $333,355.82 Change Orders: Item Description Quantity Unit Unit Price Total 1 Additional 2"Coldmill and Overlay 54,903 SF $1.32 $72,471.96 2 Adjust Utility Cover/MH to Grade 14 EA $700.00 $9,800 3 Replace Center Line Ties 2 EA $285 $570.00 4 2"Coldmill and Overlay 7'848 SF $1.32 $10,359.36 (Whiting-Turner's Scope of Work) TOTAL $93,201.32 Approved By: /Gv 777" Dater /1 lO francis ;+ , ity Manager ';/, Ai/ Accepted By: L �� Date: ?-0—f0 1—/O Sully-Miller' -ontracti g Co. City of Azusa Invoice No. Target1 Engineering Department 809 N Angeleno Avenue Azusa, CA 91702 INVOICE Bill To : I Date: I THE WHITING-TURNER CONTRACTING COMPANY 8/16/2010 Suite 100 • 3 Corporate Park Irvine, CA 92606 Description TOTAL 7,848 SF 2" Grind & Overlay @ 1.32/SF $ 10,359.00 TOTAL $ 10,359.00 Office Use Whiting-Turner's paving responsibility related to the new Target Project water line. Water valve adjustments to be performed by Whiting-Turner. 0 iitt AZUS CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR VIA: F.M. DELACH, CITY MANAGER rt.:2 DATE: SEPTEMBER 7, 2010 SUBJECT: AUTHORIZATION TO AMEND A COMMUNICATIONS SITE LICENSE AGREEMENT BETWEEN THE CITY OF AZUSA AND TOWERCO ASSETS, LLC RECOMMENDATION It is recommended that the City Council approve Amendment I to the Communications Site License Agreement between the City of Azusa and Towerco Assets, LLC for the operation of a cellular communications tower adjacent to the West Wing of City Hall. BACKGROUND On April 2, 2007, the City Council authorized the City Manager to enter into a site license agreement with Sprint PCS Assetts, LLC for the construction and operation of a cellular communications tower adjacent to the West Wing of City Hall. On June 11, 2009, the original agreement was amended to add Towerco Assets, LLC as the lessee. Recently, Sequoia Deployment Services has requested adding three antennae on the existing cellular communications tower. In consideration of these additional antennae, staff has negotiated additional lease payments from Towerco Assets, LLC as identified on the attached amendment. FISCAL IMPACT Currently, Towerco's monthly lease payments to the City of Azusa are $1,881.00. The amendment would increase that amount by $193.70 per month. The total lease payments would be $2,074.70 per month and will continue to increase by 4% every year. Attachment: First Amendment CA3107 CITY OF AZUSA FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT BETWEEN CITY OF AZUSA AND TOWERCO ASSETS LLC 1. PARTIES AND DATE. THIS FIRST AMENDMENT TO the Communications Site License Agreement ("First Amendment") is entered into on the day of , 2010, by and between the City of Azusa, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 213 E. Foothill Boulevard, Azusa, CA 91702 ("City") and TOWERCO ASSETS LLC, a Delaware limited liability company ("Licensee"), with its principal place of business at 5000 Valleystone Drive, Cary, North Carolina 27519. The City and Licensee are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 The City and Licensee's predecessor, Sprint PCS Assets, L.L.C., a Delaware limited liability company, entered into that certain "Communications Site License Agreement" ("Original Agreement"), dated April 19, 2007. Initially capitalized terms used, but not otherwise defined, herein, shall have the meaning ascribed to such terms in the Original Agreement. 2.2 The Parties desire to: (1) amend the Original Agreement in order for Licensee to expand Licensee Facilities; and (2) increase License Payments, all in accordance with the terms and conditions set forth below. 3. TERMS. 3.1 The specific amendments to the Original Agreement shall be as follows: 3.1.1 Exhibit "A" of the Original Agreement is hereby amended and supplemented with Exhibit "A-1" attached herein. Any references to Exhibit "A" shall be deemed to include Exhibit"A" as supplemented by Exhibit "A-1". 3.1.2 Effective as of the date that construction commences for any new equipment and facilities depicted in Exhibit "A-1", the License Payments shall be increased by One Hundred Ninety Three and 70/100 Dollars ($193.70) per month, provided if the construction commences on a date other than the first of the month, then the increased rent shall be prorated for such month. For example, if the construction of the additional equipment commences on October 1, 2010, then pursuant to this section 3.12, the annualized rent then in effect will be Twenty-Two Thousand Five Hundred Seventy-Two and no/100 Dollars ($22,572.00), payable in monthly installments of One Thousand Eight Hundred Eighty-One and no/100 Dollars ($1,881.00). The License Payments shall increase by four percent (4%) each year effective on the anniversary of rent commencement date of June 7, 2007. All payments shall be made payable to the City of Azusa, 213 East Foothill Boulevard, Azusa, CA 91702. 1 ORANGE\HNGUYEN\68663.1 CA3107 3.2 Estoppel. City hereby certifies to Licensee (i) that the Original Agreement is in full force and effect and has not been amended, modified or supplemented in any respect, either orally or in writing, except for this Amendment and the amendments referenced in this Amendment (if any) and is the only agreement relating to the Premises entered into between the Licensee and City; (ii) the Original Agreement as amended hereby fully represents the entire agreement between the parties thereto and has not been assigned other than as set forth herein; (iii) there is no existing default on the part of the City or Licensee in any of the terms and conditions thereof and no event has occurred which, with the passing of time or giving of notice, or both, would constitute an event of default under the Original Agreement; (iv) rent has been paid through and including the date hereof as called for in the Original Agreement and (v) City does not have any offsets, credits or defenses with respect to the Original Agreement. 3.3 Remaining Provisions of Original Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Original Agreement shall remain in full force and effect. CITY OF AZUSA TOWERCO ASSETS LLC a California municipal corporation a Delaware limited liability company By: By: Joseph R. Rocha, Michael P. MacPherson Mayor General Manager/Vice President ATTEST: By: Vera Mendoza, City Clerk APPROVED AS TO FORM: By: Best Best& Krieger LLP City Attorney 2 ORANGE\HNGUYEN\68663.1 CA3107 EXHIBIT "A-1" TO COMMUNICATIONS SITE LICENSE AGREEMENT (see attached) 3 ORANGE\HNGUYEN\68663.1 • ,. sprint TM CA-L0S4761A LA65XC001 COPLANE 213 E. FOOTHILL BLVD. AZUSA, CA. 91702 ABBREVIATIONS CODE COMPLIANCE VICINITY MAP PROJECT DESCRIPTION SHEET INDEX m X n(u c0ialb! JJM LOSTED WORK w°w1ENNLs SHALL BE PERFORMED AND r,., MAILED N ACCw04NCE WITH THE CURRENT MOANS Of `( I Y ME NSTALURW OF(I)SPa Ni fWIPMENT C VHCl ON �FFi. 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DATE: FOOTING z SS STEEL —yl[Fr NUMBER M �N�.�sH WALL SIL STEELAPPLICANT WUGE GRADE SiFuti SERUC?R0L SECTION NUMBER 'ry "' s I 7 .w 'LAND USE PLANNER: DATE: Sol GAWAN IED 5 P AAE„,RICED _� fM4 SECT OH SPRINT WIRELESS Cv ��� /00 HEET NUMBER REFERENCE , S S t I RVINECA 91 CIRCLE.SLATE ISO RE ENGINEER. DATE- '— GFO GROVNU FAULT ORCUI TOP Or SURFACE . 909-530-4738 NIERRUPI TSS [[ GND CROUN ?vU°USIECI PROPERTY LME r C " E MICROWAVE ENGINEER: DATE: TIG xOLICORE UNO vHLEzS NOiEO '— — T 1 MMMMMM E . p „BN' xdR°W EET4 OixERWKE l REPRESENTATNES: OOWNM RUE: 5UE 400015TON: PULL GERSI CONSTRUCTION MANAGER: DATE: HaRrzw ,u y;r"' LyWyrRpnl Ltw rELD N N N reIK�Nc N PxoNc 19x9)190-0201 MV VOLT if WATER RE ANiELECTRICAL SERVICE F 005E MNMGER: SHAWN O'CONNOR PROJECT MANAGER: w,E: IMqLO p�GGCC yy55 WL (949)7]5-15)1 NSDE DRAENSON NR MNROaMCP CONSTRUCTION MANAGER: (7:4 SnUBIN iNT INSULATION TELCO SERVICE RF ENGINEER- ROTE (714)475-3197 ApRUu LANDLORD. DATE: Mgr" -r—I—I—r_ PONE: PHONE. 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A A E 51nc Ili PERFSECB 10 REAYN ,.: PER sE<TOR.IBI et CJ.'::'cI::"$ 8: c(------v M5ONEEB O . rt 5TxF SPENT MEL aTpM1 y✓ ZA - �- - E151R0 PEM ANTENNA E{ 13/ /1,/ MO TO MMN b sccloaSsE/OH, N ED NOT USED 5 EXISTING ANTENNA ELEVATION , 1 3 EXISTING ANTENNA LAYOUT PLAN II 2 BE"510NS (E)ANTENNA LAYOUT PLAN,(E) NATIONAL CA-LOS4761A 1 O3R05/10 SCISSORING FOR REVIEW 2 OW1W10 DRY REVISIONS ER ICC ELEVATIONS AND(E)ANTENNA mooxtuwommo o.EM� Sprint LA65XC001 COPLANE ELEVATION P- FOOTHILL BLVD JOB NUMBER: SHEET NUMBER: Rt NA01 aeT�v'm 4400 CARILLON P=OINT AZUSA,CA.91 NIRNaNDlIABBD.,B CA-LOS4761A A-3 40. oF 77:17,w, 216122;,,e; 141pcx =r zus 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 A) DATE: SEPTEMBER 7, 2010 SUBJECT: AZUSA AVENUE/I-210 GATEWAY PROJECT (CIP #66111B) - AUTHORIZATION TO SPEND AHEAD OF GRANT ALLOCATION AND SOLICIT RFQ(S) FOR LANDSCAPE ARTCHIECTURAL/DESIGN SERVICES. RECOMMENDATION It is recommended that the City Council authorize staff to do the following: (A) Utilize Prop C funds to spend ahead of the grant allocation for the Azusa Avenue/I-210 Gateway Project; (B) Solicit Request for Qualifications (RFQ) for professional landscape architectural/design services. BACKGROUND In 2008, with the assistance of an advisory committee (Council members Carrillo and Macias), a conceptual design was provided by a landscape architect for landscape improvements at the Azusa I-210 interchanges. The conceptual design was utilized for cost analysis, Caltrans support and grant applications. In 2009, staff was successful in securing a $669,000 grant from the Metro Call for Projects for the Azusa Avenue/I-210 Gateway Project. The City is required to provide a $100,000 funding match to the project; this amount is currently budgeted out of Prop C. The improvements will consist of landscape beautification, gateway signage/monuments, pedestrian lighting and wall treatments. The Metro Board approved to fund the project in FY 2012/13-14/15. Staff communicated to Metro the urgency of the project in an effort to advance funding, due to fiscal programming constraints, Metro denied the request. In response to the denied request, staff formally requested that a Letter of No Prejudice (LONP) be issued for this project to cover the multiple funded years as approved by the Metro Board of Directors. This will allow the City to spend ahead and be reimbursed by Metro at the designated funding dates. Staff is awaiting a formally executed LONP, however staff has received verbal approval from Metro. At this time, it is necessary to solicit the services of a landscape architect to develop final design plans for the project. FISCAL IMPACT The City successfully secured a grant in the amount of $669,000 for the Gateway Transportation Enhancement Demonstration Project (Azusa/I-210 beautification and pedestrian lighting improvements) and the City's local match is $100,000. dir r or rr ar r * * t '41FQRT� , .►zus)1„, CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR VIA: F.M. DELACH, CITY MANAGER 4[1, DATE: SEPTEMBER 7, 2010 SUBJECT: AUTHORIZATION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND FOOTHILL TRANSIT TO PROVIDE DIRECTION FOR THE DEVELOPMENT OF A PARK AND RIDE FACILITY RECOMMENDATION It is recommended that the City Council authorize the City Manager to enter into a Memorandum of Understanding (MOU) between the City of Azusa and Foothill Transit to provide direction for the development of a park and ride facility between Alameda Avenue and Dalton Avenue, north of Foothill Boulevard and south of the railroad tracks. BACKGROUND On June 14, 2010, the City Council held a study session to provide direction to staff on a parking structure to be located between Alameda Avenue and Dalton Avenue, north of Foothill Boulevard and south of the railroad tracks. At that meeting, the Council directed staff to work with Foothill Transit on the design of the parking structure. Both City and Foothill Transit staff have developed the attached MOU to provide direction for the development of the parking structure. The parking structure will be up to four levels, provide between 500 and 725 parking spaces to be used for the Civic Center, Gold Line Alameda Station, and park and ride spaces for Foothill Transit, an electric bus charging station, bus bays, and turnouts. Foothill Transit will serve as the lead agency for the future construction of the structure, including hiring of engineers and architects. Both City and Foothill Transit staff will review the plans as they progress. FISCAL IMPACT The MOU details that the City's contribution will not exceed $5,559,000. The City currently has $2,000,000 in FY05 Federal Earmark, $3,521,000 in FY09 METRO Call For Projects grant. Foothill Transit will provide the remainder of the funding towards construction of the parking structure. Attachment: Memorandum of Understanding Memorandum of Understanding between Foothill Transit and The City of Azusa, California (Azusa Park and Ride Facility) Memorandum of Understanding This Memorandum of Understanding ("MOU") is entered into this day of 2010, by and between Foothill Transit, a joint powers agency organized under the laws of the State of California with its principal place of business at 100 South Vincent Avenue, Suite 200, West Covina, California 91790 and the City of Azusa, California (the "City"), California municipal corporation, with its principal place of business at 213 East Foothill Boulevard, Azusa California 91702. Foothill Transit and the City are sometimes individually referred to as a "Party" and collectively as "Parties." ARTICLE 1 RECITALS A. City owns certain real property generally located between Alameda Avenue and Dalton Avenue, north of Foothill Boulevard and south of 9th Street that is proposed to be developed as a park and ride facility. The property is more particularly described in the attached Exhibit "A" attached hereto and made a part of this MOU ("Property"). B. Foothill Transit operates a public transportation system that services the City of Azusa and the surrounding area. Foothill Transit provides bus transportation services along specified routes for the benefit of the residents of Azusa. C. City and Foothill Transit wish to enter into an MOU to provide direction for the development of the park and ride facility, including the joint financing, planning, design, construction and use of components of the park and ride facility, which include a 4-level parking structure containing between 500 to 725 parking spaces, an electric bus charging station and bus bays and turnouts to be constructed on the Property to accommodate Foothill Transit buses ("Project"). In consideration of the mutual promises set forth herein, the Parties agree as follows: ARTICLE 2 SCOPE OF PROJECT The Project generally consists of the construction of a park and ride facility that includes a 4-level parking structure containing between 500 and 725 parking spaces, an electric bus charging station and bus bays and turnouts to be utilized by Foothill Transit. A more complete description of the scope of the Project is attached hereto as Exhibit "B" to this MOU. ARTICLE 3 FUNDING OBLIGATIONS OF FOOTHILL TRANSIT The Parties agree that Foothill Transit will serve as the Federal Transit Administration grantee for the Project. Foothill Transit will contribute an amount not to exceed in Federal Transit Administration Section 5309 funds to the Project. ARTICLE 4 FUNDING OBLIGATIONS OF THE CITY The City agrees that it will contribute an amount not to exceed Five Million, Five Hundred Fifty Nine Thousand Dollars ($5,559,000.00) to the Project, and will contribute land shown on the attached Exhibit "A" valued at to the Project. ARTICLE 5 PRECONSTRUCTION AND RELATED ENVIRONMENTAL ACTIVITIES A. Foothill Transit and the City will be jointly responsible for the preparation of conceptual design drawings and specifications for the Project. The Parties agree to meet and discuss the design of the Project, the preparation of conceptual design and landscape plans and a budget for the plans and the Project prior to commissioning the preparation of such plans. B. Foothill Transit and City shall be jointly responsible for the funding and commissioning and preparation of final design plans, construction drawings and specifications for construction of the Project. Foothill Transit will be solely responsible for the commissioning and preparation of final design drawings, construction drawings and specifications related to the Electric Bus Charging Station. However, the drawings and specifications for the Electric Bus Charging Station will be submitted to the City for review, comment, and approval In addition, Foothill Transit will be responsible for the funding, preparation and assuring completion of all environmental documents and clearances required under Federal and State law for the Project. C. The City agrees that it will expeditiously take all actions necessary to consider the approval of the Project, including, but not limited to, conducting any public hearings required for the Project, the review of all appropriate State and/or Federal environmental documents and the issuance of construction permits after any Project approval. ARTICLE 6 CONSTRUCTION OF THE FACILITIES A. Hiring of Contractor or Contractors. Foothill Transit agrees to hire a qualified contractor or contractors to construct the Project. Foothill Transit agrees to obtain contractor's bids together with bid bonds to construct the Project as soon practicable after approval of the Project by City and the completion/certification of the applicable, environmental documents. Foothill Transit will be solely responsible for the review of bids received to determine the lowest responsible and responsive bidder. Foothill Transit shall comply with all applicable state and federal laws governing the bidding and construction of such projects. B. Construction Defined. Project construction shall include, but not be limited to, the erection of the physical structures comprising the parking structure; the installation of all systems necessary for the proper functioning of the parking structure, including but not limited to the relocation and modification of utilities; and installation of landscaping and irrigation around the structure. Construction may also include the construction of an electric bus charging station at a location on the Property to be mutually determined by the Parties, and the construction of any and all ancillary bus stop facilities that Foothill Transit determines are necessary to serve the Project. C. Construction Hours. Foothill Transit will ensure that its construction contractor's activities do not interfere with the daily activities taking place at adjacent City property and in accordance with all City codes and ordinances. D. Contractor's Work Areas. Foothill Transit will ensure that any contractor staging areas are approved by the City. Foothill Transit will ensure that the contractor will be solely responsible for the staging area including the equipment and materials stored in staging area, as well as its tools and supplies and safety of its personnel. E. Site Cleanup. Foothill Transit will ensure that its contractor shall, at the end of each workday, clean the job site and store all equipment and material in a neat and orderly manner; that the contractor shall remove all waste generated by the contractor from the site on a timely basis; and that at the completion of the project, the contractor shall clear and clean the job site of all materials and waste resulting from its work within 48 hours of final acceptance of the Facility by Foothill Transit. F. Construction Progress Meetings. Foothill Transit will hold weekly construction progress meetings with its construction contractor. A representative or representatives of the City will be invited to participate in these meetings. G. Environmental Remediation. The City agrees that it will be solely responsible for any environmental remediation necessary to prepare the Project Property for construction activities. ARTICLE 7 OWNERSHIP OF FACILITIES The Parties agree that the parking structure and the bus bays will be owned by the City; and that the Electric Bus Charging Station will be owned by Foothill Transit. The Parties agree to enter into a separate agreement memorializing such ownership rights. ARTICLE 8 USE OF PROPERTY A. The City agrees to enter into a separate lease agreement to lease parking spaces within the parking structure, at no cost to Foothill Transit, for a period of not less than fifty (50) years. The lease agreement will provide Foothill Transit with the right to use a minimum of parking spaces (the Foothill Transit parking spaces). B The Parties agree that the lease agreement will provide that Foothill Transit will have exclusive use of the Foothill Transit parking spaces on Monday through Friday, from 4:00 a.m. until 7:00 p.m. C. The Parties agree that the City will have exclusive use of the Foothill Transit parking spaces all day on Saturday and Sunday. ARTICLE 9 UTILITIES The City agrees to provide the following utility services for the Project and its structures: reasonable amounts of water, electricity, emergency power, storm and sanitary sewer. The City will be solely responsible for the payment of costs for the utility services that it provides. Foothill Transit will be solely responsible for all electric utility charges related to the Electric Bus Charging Station. The Parties agree that the rate that the City will charge Foothill Transit for the utility charges for the Electric Bus Charging Station will be determined prior to the initiation of electric bus transit service by Foothill Transit on routes utilizing the Charging Station. ARTICLE 10 MAINTENANCE AND REPAIRS A. As used in this MOU, "maintenance" shall mean the provision of janitorial services; trash removal services; wall surface repairs: painting of the façade of the structure in the Project as necessary; repairs/removal of surface vandalism; inspection, cleaning and replace of mechanical, electrical and plumbing equipment, fixtures and utilities; the removal and disposal of trash and debris; and other repairs other than structural repairs as provided for in Article 11. B. The City will be responsible for all maintenance of the Project, including all maintenance and repairs of elevators. Foothill Transit will be solely responsible for the maintenance of the Electric Bus Charging Station. The City will perform all janitorial maintenance in accordance with the standards that it uses in performing janitorial maintenance services elsewhere on City owned Property. All other maintenance work shall be done in accordance with the standards prescribed in manufacturers' operations and maintenance manuals. All repairs and replacements made by the City will be made and performed in a good and workmanlike manner in accordance with all applicable codes and will be made and performed so that the repairs and replacements will be at least equal in quality, value, and utility to the original work or installation. C. The City will be responsible for the development of a Preventive Maintenance Plan for the Facility and all of its mechanical, electrical and plumbing equipment, fixtures and utilities. The City specifically recognizes that Foothill Transit must approve the Plan developed by the City. The City will be responsible for the implementation of the Plan as long as it is responsible for providing maintenance in accordance with the provisions of this Article. D. The Parties agree that prior to completion of construction of the Parking Facility, they will determine a method of allocating the cost of maintenance work. ARTICLE 11 STRUCTURAL REPAIRS A. As used in this Agreement, "structural repairs" shall mean all repairs other than those defined as "maintenance" in Article 10. Structural repairs include, but are not limited to, repairs to any structural element of the structures including foundations, walls, load-bearing walls, and each individual parking level. B. The City will be solely responsible for structural repairs to the Project structures. Foothill Transit will be solely responsible for structural repairs to the Electric Bus Charging Station. C. The Party that is responsible for structural repairs will notify the other party in writing in advance of making any structural repairs, and will provide the other Party detailed plans and specifications of any such repairs. D The Party responsible for making structural repairs will be solely responsible for the costs of structural repairs. ARTICLE 12 CAPITAL IMPROVEMENTS A. The City will be responsible for the construction of all future capital improvements to the park and ride facility and ancillary bus stop facilities constructed as part of the Project. B. Foothill Transit must approve any capital improvements to the Project initiated by the City, and the Parties recognize that if the City makes any capital improvements to the Project, Foothill Transit has the right to participate in the planning process for such improvements. The City, in consultation with Foothill Transit, will be responsible for the development of detailed plans and specifications of any such capital improvements; and Foothill Transit, at its sole discretion, will determine if it will reimburse the City for any costs associated with capital improvements undertaken by the City. ARTICLE 13 ALTERATIONS Neither Party will make any alterations to the Project facilities without prior notice to the other Party. Each Party will have the right to approve such alterations if the alterations are integrally related to the functionality or operations of the Project facilities. ARTICLE 14 SECURITY A. The City will be solely responsible for providing security of the Project facilities after completion of construction. B. The Parties agree that as part of the planning for the construction of the Project they will determine the most appropriate method for enforcing restrictions on parking in the dedicated Foothill Transit parking spaces as defined in this MOU. ARTICLE 15 SIGNS AND ADVERTISING A. Foothill Transit may, at its own expense, install and operate electronic or other type of information signs within the Project subject to compliance with City's sign ordinance. B. The City must approve the installation of any signs by Foothill Transit within the boundaries of the Project. ARTICLE 16 INSURANCE AND INDEMNITY A. Foothill Transit will be responsible for obtaining and maintaining builders' all risk insurance in an amount sufficient to cover reconstruction of the Project should there be a loss during construction. While the Project is being constructed, Foothill Transit shall defend, indemnify and hold the City and its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any alleged acts, omissions or willful misconduct of the Foothill Transit, its Members, officials, officers, volunteers, agents, and independent contractors who serve as Foothill Transit officers, officials, or staff and consultants and contractors performing work for the Project in connection with the construction of the Project, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Foothill Transit or its Members, officials, officers, volunteers, agents, and independent contractors who serve as Foothill Transit officers, officials, or staff. B. The City will be responsible for obtaining and maintaining property insurance on an all risk form on the Park and Ride facility. Foothill Transit will be responsible for obtaining and maintaining property insurance on an all risk form on the Electric Bus Charging Station. C. The City will obtain and maintain property insurance on an all risk form for the Property on which the Project s built. D. Once the Project is completed and operational, the Parties each agree to assume its their own liability for any and all claims of any nature including all costs, expenses and attorneys' fees which may, in any manner result from, or arise out of each Party's use of the Park and Ride Facility as described in this MOU. Each Party shall obtain and maintain general liability insurance for injuries or damages to third parties arising out of each Party's use of the Park and Ride Facility, and each Party will ensure that the other Party is listed as an additional insured on each applicable policy. ARTICLE 17 DISPUTE RESOLUTION If a dispute should arise between the Parties with respect to this MOU or any of its provisions, the Parties agree to attempt to settle such dispute through the use of a mediator mutually acceptable to the Parties prior to the initiation of any legal action on the part of either Party with respect to this MOU, any of its provisions, and/or its enforcement. The costs of such mediation shall be shared equally by each Party. ARTICLE 18 COMPLIANCE WITH APPLICABLE PROVISIONS OF LAW The Parties agree to comply with applicable provisions of California state law, federal law and of any applicable local ordinance which shall be considered a part of this MOU as though full set forth herein. ARTICLE 19 GOVERNING LAW This MOU is entered into in and under the laws of the State of California and shall be interpreted in accordance therewith. ARTICLE 20 NOTICES Notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: City of Azusa: Tito Haes, Public Works Director 213 East Foothill Boulevard Azusa, CA 91702 Telephone: (626) 812-5248 Foothill Transit: Roland Cordero, Director of Facilities 100 South Vincent Avenue, Suite 200 West Covina, CA 91790 Telephone: (626) 931-7246 Any notice or demand which may or must be given or made by a Party hereto, under the terms of this Agreement or any statute or ordinance shall be in writing; and shall be deemed received on: (a) the day of delivery if delivered by hand (including overnight courier service) during receiving Party's regular business hours or by facsimile before or during receiving Party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses set forth above, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this Article , provided the sender obtains and retains records of such postings. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. ARTICLE 21 GENERAL PROVISIONS A. Cooperation; Further Acts The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. B. Successors and Assigns This Agreement shall be binding on the successors and assigns of the parties. Neither Party shall assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other Party. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. C. Construction; References; Captions Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to the City include all personnel, employees, and agents of the City, except as otherwise specified in this Agreement. All references to Foothill Transit include its elected officials, officers, agents, volunteers and independent Consultants who serve as Foothill Transit officers, officials, or staff except as otherwise specified in this Agreement. The captions of the various sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. D. Amendment; Modification No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E. Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. The failure of either Party to enforce one or more of the terms or conditions of this Agreement Contract or to exercise any of its rights or privileges, or the waiver by either Party of any breach of such terms or conditions, shall not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same shall continue and remain in force and effect as if no waiver had occurred. F. No Third Party Beneficiaries There are no intended third party beneficiaries of any right or obligation assumed by the Parties. G. Invalidity; Severability If any portion of this Agreement is declared as invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. H. Authority to Enter Agreement Each Party has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. Counterparts This Agreement may be signed in counterparts, each of which shall constitute an original. J. Entire Agreement This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. FOOTHILL TRANSIT CITY OF AZUSA By: By: Doran J. Barnes Francis M. Delach Executive Director City Manager Approved as to Form: Thompson Coburn LLP By: By: Edward J. Gill, Jr. Sonia Carvalho Special Counsel to Foothill Transit City Attorney Exhibit A DESCRIPTION OF PROPERTY The City owns a fee simple title to Lots 1 through 48 inclusive and the alley in Block 30 of Map of Azusa, in the City of Azusa, County of Los Angeles, State of California, as per map recorded in Book 15, Pages 93 through 96 inclusive, of Miscellaneous Records, in the office of the recorder of the County of Los Angeles. 0 m1:kI:r we;_ ,„i,,,,,,,-,: zr>xFS.., !(.'�': '$ F r >;i 4 �y( �„xed4tl ''aa: .:.-.> ::4,:_trt �'�� 111111 >�... w'�`�, �.�'z 2 � r:'� i+�D�✓ fa i?tir z '� ."prys �, '..�.:�. '� ,lt.:::� k.Ct ':xr %� * �•/�'.41,'14: sap, . �,: +,.__ ya,'..d_ 3" l,"�c`,s''.ac,. �s ;e'er£'Ys�;k.., f r•z �;.,�5 ��r t:� ,;�"`M �. ..� A����'��'�`la'3 � r'� 4`-mss.'. �� .,A � s� �"@ . ie.‘",z s 4 AS`;.T-' ,- r, ��� ,k,y,.''�,� -� .� _.acs ". z. ' '• •.�r+ a .., z _ iy sz ,✓,^. fit. t,12k°jy, s 'Y, .? F y a.r_ka F - n... .��.x e a ca rs � `- a;�..e.� .. is zy bl ...:, ._` k'n k, .<... ..,'�._•:,.�S���riu ^•,; �4;' .., ,Y.:!� x y r ,fr� � �Y � � yy , r "��`e a �.'z�o$� C'171614"' x. aq. :an.� .,,.,.. .... «� �dn»s,YSY�� '.." oa �:.:5 v exxp�„n #tt� 5,.a'^'hr � �'� .�£ r `�� 4ipm � � 'k�'•i °�,r' �'H• v€Aw<»aanF" :�r ..: 7.k✓ , f�w�=^::x• GkE 8• a 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 VO DATE: SEPTEMBER 7, 2010 SUBJECT: CIP PROJECT NO. 66109E: NOTICE OF COMPLETION FOR THE CITRUS AVENUE AND MAUNA LOA DRIVE TRAFFIC SIGNAL AND COMMUNICATION IMPROVEMENTS 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: • Citrus Avenue and Mauna Loa Drive Traffic Signal and Communication Project No. 66109E — $92,965.02 — Christopher R. Morales, Inc., San Dimas, CA 91773 BACKGROUND The project was awarded to Christopher R. Morales, Inc. by the City Council on January 5, 2010 in an amount not to exceed $109,986.00. The Rosedale Environmental Impact Report identified traffic mitigation improvements at 15 intersections throughout the City. One of the mitigation measures called for installation of a new traffic signal at the intersection of Citrus Avenue and Mauna Loa Avenue. This project has satisfied a mitigation measure for the Rosedale Development and helped minimize delays on Citrus Avenue through synchronization of this new traffic signal along with the traffic signals to the north and south of this location. This signal has meet a requirement by the City Council after the closure of the Viceroy Avenue Pedestrian Walkway as directed at the July 20, 2009 Council Meeting. Work on this project began on January 28, 2010 and all work was completed on June 28, 2010. FISCAL IMPACT The project was completed below budget at a total construction cost of $92,965.02. The project is listed in the FY 2009-2010 Capital Improvement Plan as project #66109E with an overall budget of $1 ,131, 170. 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 June 28,2010 . The work done was: Citrus Aveue and Mauna Loa Drive Traffic Signal and Communication Improvements Project No.66109E. 8. The name of the contractor,if any,for such work of improvement was: Christopher R.Morales,Inc., 155 N.Eucla Avenue,San Dimas,_CA 91773 January 25,2010 (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: Citrus Avenue and Mauna Loa Drive 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) 1,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) 1107111111 7417,* ) OF Ci /FF0e . . us CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES VIA: F. M. DELACH, CITY MANAGER t0 DATE: SEPTEMBER 7, 2010 SUBJECT: APPROVAL OF EXTENSION OF THE USE/LEASE AGREEMENT WITH AZUSA PACIFIC UNIVERSITY FOR THE SLAUSON PARK COMMUNITY POOL/AZUSA AQUATICS CENTER RECOMMENDATION It is recommended that City Council approve the extension of the Use/Lease Agreement with Azusa Pacific University for the Slauson Park Community Pool/Azusa Aquatics Center from September 7, 2010—April 22, 2011. • BACKGROUND APU approached city staff with reference to renting the pool during the 2009-2010 School Year for student swim classes and as a practice site for the new Intercollegiate Women's Water Polo Team. In this collaborative effort, APU had sole liability and responsibility for staffing the facility during this period. Maintenance of the facility was shared as per attached agreement. The collaborative effort was a successful one, and both parties embrace the opportunity to repeat the program during the 2010-2011 school year. FISCAL IMPACT The fiscal impact is minimal. APU would be responsible for all utility costs that would have been necessitated with their use,specifically heating the pool at approximately$3,000/month. They will also be responsible for their share of other maintenance costs, respectively. Attachment: Use Lease Agreement CITY OF AZUSA USE/LEASE AGREEMENT SLAUSON PARK COMMUNITY POOL/AZUSA AQUATICS CENTER ti THIS SWIMMING POOL USE AGREEMENT ("Agreement") is entered into this 7th day of September, 2010, by and between the CITY OF AZUSA, a municipal corporation in the County of Los Angeles, State of California, ("City") and AZUSA PACIFIC UNIVERSITY, a religious, non-profit California corporation ("University"). City and University are sometimes referred herein individually as "Party" and collectively as "Parties." RECITALS A. City is fee owner of that certain real property commonly known as Slauson Park, located at 501 North Cerritos Avenue in the City of Azusa, County of Los Angeles, State of California, herein by reference ("Property"). B. University desires to use the James Slauson Community Pool/Azusa Aquatics Center located on the Property and City is willing to allow University use for the sole purpose of Azusa Pacific's Aquatics Program which shall include courses in aquatics in addition to practices for University's aquatics athletic teams. NOW, THEREFORE, in consideration of the above facts and for the promises and mutual covenants contained herein, the receipt and adequacy of which are hereby acknowledged, the Parties agree to the following: TERMS AND CONDITIONS 1. Effective Date; Term; Termination. 1.1 Effective Date. This Agreement shall become effective on September 7, 2010. 1.2 Term. Upon the effective date, City hereby allows University to use the Property according to the terms and conditions set forth in this Agreement. The term of this Agreement ("Term"), shall commence on the effective date and shall end no later than April 22, 2011. 1.3 Termination. Either party may terminate this Agreement if the other party breaches any of its obligations provided for in this Agreement and the breaching party fails to ORANGE\RMOIN\55218 1 1 cure such breach after receipt of a thirty (30) day notice to cure. Notwithstanding the foregoing, this Agreement shall automatically terminate without any action or notice by either Party upon the end of the Term. 2. Rent; Utilities; Other Fees 2.1 Rent. University shall pay rent to the City in the amount of City's actual costs to heat, clean and maintain the chemical balance of the swimming pool located on the Property; provided, however, that the total amount of such rent shall not exceed the sum of Twenty Two Thousand, Five Hundred Dollars ($22,500) during the term of this Agreement. 2.2 Utilities. City shall pay the appropriate suppliers for all water, gas, electricity, light, heat, telephone, power, and other utilities and communications services used by University on the Property during the Term of this Agreement. City shall send monthly invoice to University, which shall be responsible for payment to the City within thirty (30) days for directly related gas costs. In addition University shall be responsible for any additions to existing utilities (such as telephone service) if requested by University and approved by City with respect to use and occupancy of the Property. 3. Use. 3.1 Permitted Use. The Property shall be used solely for the purpose of_APU aquatics program (including aquatics classes). A schedule of practice times is attached hereto as Exhibit A and may be modified as mutually agreed upon by University and City. University shall not change the type of use of the Property without obtaining the prior written consent of the City, which may be withheld in its sole and absolute discretion. The foregoing notwithstanding, University in its possession, use and occupancy of the Property, agrees to observe and comply with all restrictions, laws and ordinances affecting the Property or occupancy thereof. University further agrees that no use shall be made of the Property which will cause cancellation of any insurance policy covering the Property. 3.2 Permits and Licenses. University shall keep any and all applicable permits and licenses required by the City or any federal, state or local authority in connection with the permitted use of the Property, in good standing at all times during the term of this Agreement. 3.3 Standard of Care. University agrees to use all care and attention in use of the Property consistent with standards applicable to public swimming facilities. ORANGE\RMOIN\55218.1 2 4. Insurance. 4.1 Minimum Requirements. University shall, at its expense, procure and maintain for the duration of the Agreement insurance, acceptable to the City, against claims for injuries to persons or damages to the Property which may arise from or are in connection with this Agreement. 4.1.2 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4.1.3 Minimum Limits of Insurance. University shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California, if applicable. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 4.1.4 Endorsements. The insurance policies shall contains the following provisions: (a) General Liability. The general liability policy shall be endorsed to state that (1) the City and its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the performance of the Agreement by the University and its officials, officers, agents, representatives, employees or volunteers, including materials, parts or equipment furnished in connection with such services; and (2) the insurance coverage shall be primary insurance for the City and its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the University's scheduled underlying coverage. Any insurance maintained by the City or its directors, officials, officers, employees and agents shall be excess of the University's insurance and shall not be called upon to contribute with it in any way. (b) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1)the City and its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the ownership, operation, maintenance, use loading or unloading of any auto owned, leased, hired or borrowed by the University or for which the University is responsible; and (2) the insurance coverage shall be primary insurance as respects,the City and its directors, officials, officers, employees and agents, or if excess, shall ORANGE\RMOIN\55218.1 3 stand in an unbroken chain of coverage excess of the University's insurance and shall not be called upon to contribute with it in any way. (c) Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City and its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the University. (d) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced, or canceled without thirty (30) days prior written notice by first class mail has been given to the City. 4.1.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insured provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City or its directors, officials, officers, employees and agents. 4.2 Verification of Coverage. University shall furnish City with original certificates of insurance effecting coverage and endorsements required by this Agreement on forms satisfactory to City. The certificates for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by University if requested. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.3 Personal Property. University shall, at its sole cost and expense and at all times during the term of this Agreement, keep all University personal property on the Property insured for its full replacement value by insurance companies authorized to do business in the State of California against loss or destruction by fire and the perils commonly covered under the standard extended coverage endorsement to fire insurance policies in the United States. No provision of this Agreement shall be construed to impose any obligation upon City to insure University's personal property. 4.4 Increases in Coverage. City may, from time to time, require University to obtain (at University's expense) increases in both the types and amounts of coverage provided by the insurances required to be maintained by University hereunder, upon City's determination that such increases are reasonably necessary to maintain the level of protection provided to City hereunder as of the effective date. 6. Cleanliness, Waste and Nuisance. 6.1 University shall keep the Property in a neat, clean and sanitary condition, free from waste or debris and shall neither commit, suffer nor permit any waste or nuisance in or ORANGE\RMOIN\5 5218.1 4 about the Property nor store materials hazardous to health or safety, and shall not permit the use of the Property for any illegal purposes. 6.2 University agrees to keep Property in proper order and agrees to provide all cleaning of inside restrooms, office, entry ways and pool deck as well as provide all supplies necessary to operate its aquatics program during its use of Property. University will be responsible for covering and removing pool cover on a daily basis. 7. Supervision; Security 7.1 Lifeguards. University agrees to provide, at its own cost, supervision by certified lifeguards at all times of use. At least one lifeguard per twenty (20) individuals shall be present and supervising the Program. University will maintain additional supervision of participants while using the Property pursuant to existing requirements and policies established by the City or University. 7.2 Security. University agrees to take responsible for security in the pool and locker room areas during at all times of University use. 8. Assignments; Subleases; Transfers University shall not voluntarily or by operation of law assign, transfer, sublet, mortgage, or otherwise transfer or encumber all or any part of University's interest in this Agreement or the Property, without City's prior written consent, which consent may be withheld in its sole and absolute discretion. Any attempted action described above without the prior written consent of City shall be void and University shall be deemed in default of this Agreement. Any permitted assignments shall not relieve the assigning party from its liability under this Agreement. 9. Condition of Property. University represents that University has inspected and examined the Property and accepts the Property in its present condition and agrees that City shall only make repairs or improvements to Property on an as needed basis. 10. Damage to Property; Abandonment. University agrees that University is jointly and severally liable for all damages to the Property caused or permitted by the University or the guests, invitees, visitors, agents, employees and independent contractors of University. University shall not vacate or abandon the Property at any time during the Term of the Agreement. ORANGE\RM O IN\5 5218.1 5 11. Alterations and Improvements Notwithstanding University's obligations under Section 12.2, University shall not, without the prior written consent of City, make any alterations, improvements or additions in or about the Property. 12. Surrender of Leased Property; Improvements 12.1 Surrender. Upon the termination of the Agreement, University shall surrender the Property in good order and condition, ordinary wear and tear or condemnation excepted. 12.2 Improvements. All improvements on the Property at the expiration of the term or earlier termination of this Agreement shall, without compensation to University, then automatically and without any act of University or any third-party become City property. University shall surrender the improvements to City at the expiration of the term or earlier termination of this Agreement, free and clear of all liens and encumbrances, other than those, if any, permitted under this Agreement or otherwise created or consented to in writing by City. University agrees to execute, acknowledge, and deliver to City any instrument requested by City as necessary in City's opinion to convey or otherwise perfect City's right, title, and interest to the improvements and the Property. 13. Right of Entry; Inspection. University shall permit City or City's agents, employees and representatives to enter the Property at any time and without notice for the purpose of inspecting the Property. 14. Indemnification. University shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of the University, its officials, officers, employees, agents, consultants, students, contractors and subcontractors arising out of or in connection with this Agreement. If any action or proceeding is brought against City, its successors or assigns by reason of any claim, University, upon notice from City, shall defend the claim at University's sole expense with counsel satisfactory to City. ORANGE\R M O IN\5 5 218.1 6 15. Anti-Discrimination. University agrees that this Agreement is made an accepted on and subject to the conditions that there be no discrimination against or segregation of any person or groups of person, on account of race, color, sex, age handicap, marital status, religion, nation origin or ancestry in the use, occupancy, tenure or enjoyment of the Property, nor shall University, or any person claiming under or through it, establish or permit any practice or practices of discrimination or segregation with reference to the Property. 16. Events of Default. Either of the following occurrences shall constitute "Events of Default" under this Agreement: 16.1 University files a petition in bankruptcy or insolvency or for reorganization or arrangement under the bankruptcy laws of the United States or under any insolvency act of any state, or is dissolved, or makes an assignment for the benefit of creditors; 16.2 University breaches any of the other agreements, terms, covenants, or conditions that the Agreement requires University to perform, and the breach continues for a period of thirty (30) calendar days after notice by City to University; and 17. Remedies. If any one (1) or more Events of Default set forth in Section 16 occurs and University has not cured in the time provided for, then City may, at its election, terminate this Agreement and recover possession of the Property. Nothing contained herein shall limit City from pursuing, at any time, any remedy available to it at law or equity. 18. Miscellaneous. 18.1 No Waiver. No waiver or any condition or agreement in this Agreement by either City or University shall imply or constitute a further waiver by such Party of the same or any other condition or agreement. 18.2 Authority. Each of the persons executing this Agreement on behalf of University warrants to City that Agreement is a duly authorized and existing California non- profit corporation, that University is qualified to operate in the State of California, that University has full right and authority to enter into this Agreement, and that each and every person signing on behalf of University is authorized to do so. Upon City's request, University shall provide evidence satisfactory to City confirming these representations. ORANGE\RMO IN\5 5218.1 7 18.3 Notices. Any notice, request, demand, consent, approval, or other communication required or permitted under this Agreement shall be written and shall be deemed to have been given when personally delivered, sent by overnight delivery, or sent by certified or registered mail, return receipt requested, addressed to: City: University: Bill Odell Athletic Director Azusa Pacific University With a copy to: Mark S. Dickerson Vice President for Legal and Community Affairs Azusa Pacific University 901 E. Alosta Ave. Azusa, CA 91702-7000 City or University may change its address for notification under this Agreement by giving the other Party ten(10) calendar days' notice prior to the change. 18.4 Attorneys' Fees. In the event of the bringing of an action or suit by a Party hereto against another Party hereunder by reason of a breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other Party arising out of this Agreement, then in that event, the prevailing Party in such action or dispute, whether by final judgment, or out of court settlement shall be entitled to have and recover of and from the other Party all costs and expenses of suit, including actual attorneys' fees. 18.5 Binding Effect. This Agreement shall inure to the benefit of, and shall be binding upon, City's successors and assigns. This Agreement shall inure to the benefit of, and shall be binding upon, the University's successors and assigns so long as the succession or assignment is permitted by Section 8. ORANGE\RMOIN\5 5218.1 8 18.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State of California. Venue for any action filed with respect to the Agreement shall be in the courts of the County of Los Angeles and all Parties agree to submit to the jurisdiction of said courts. 18.7 Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and constitutes the entire agreement between City and University as to the subject matter hereof. No subsequent agreement, representation, or promise made by either Party hereto, or by or to an employee, officer, agent or representative of either Party shall be of any effect unless it is in writing and executed by the party to be bound thereby. 18.8 No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the Parties thereto, to any person or entity other than the Parties hereto. 18.9 Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Parties hereto. 18.10 Fees and Other Expenses. Except as otherwise provided herein, each of the Parties shall pay its own fees and expenses in connection with this Agreement. 18.11 No Partnership or Joint Venture. Nothing in this Agreement shall be construed to render the City in any way or for any purpose a partner,joint venture, or associate in any relationship with University other than that of City and University, nor shall this Agreement be construed to authorize either to act as agent for the other. 18.12 Execution of Agreement; No Option. The submission of this Agreement to University shall be for examination purposes only and does not and shall not constitute a reservation of or option for University to lease, or otherwise create any interest of University in the Property. Execution of this Agreement by University and its return to City shall not be binding on City notwithstanding any time interval until City has in fact signed and delivered this Agreement to University. 18.13 Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding. 18.14 Time of Essence. Time is expressly declared to be of the essence of this Agreement. ORANGE\RMOIN\5 5218.1 18.15 Recording. City may at any time during any term of this Agreement, execute and record either this Agreement or a memorandum of this Agreement, which memorandum University shall execute and acknowledge upon City's written request. 18.16 Severability. In the even any one or more provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable, such provision(s) shall be severed from the Agreement but shall not affect any other provision of this Agreement. IN WITNESS WHEREOF, City and University have executed this Agreement as of the date first written above. CITY OF AZUSA AZUSA PACIFIC UNIVERSITY By: By: City Manager/ or Designee Senior Vice President ATTEST: By: City Clerk CFO/Treasurer APPROVED AS TO FORM: City Attorney ORANGE\RMOIN\55218.1 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE ) 03/26/2010 PRODUCER (800)568-0833 x154 FAX 559-256-6590 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Co. Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE of California, Inc. License #0726293 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 45 E. River Park P1 ace West #408 Fresno, CA 93720 INSURERS AFFORDING COVERAGE NAIC# INSURED Azusa Pacific University INSURER A: Philadelphia Indemnity Ins. Co. Attn: Brian Gleason, Risk Manager INSURER B: GuideOne Mutual Insurance Co. 901 E. Al osta Avenue INSURER C: P.O. Box 7000 INSURER D: Azusa, CA 91702-7000 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION/YLIMITS LTR NSR[ DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY PHPK5478 58 03/31/2010 03/31/2011 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 PRFMISFS(Fa nrniranre) CLAIMS MADE X OCCUR MED EXP(Any one person) $ 15,000 A X Premises/Operation PERSONAL BADV INJURY $ 1,000,000 X $-0- Deductible GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 3,000,000 7 POLICY n jE° n LOC AUTOMOBILE LIABILITY PHPK547858 03/31/2010 03/31/2011 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 X ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ A X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ X $-0- Deductible PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC01215763 09/28/2009 09/28/2010 X TORY TA TS OTH- ER EMPLOYERS'LIABILITY B ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 It yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTIONQ.I.OPERATION I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEM NT/SPECIAL PROVISIONS Certificate Holderis an ADDITIONAL INSURED per Corm CG2O26/0704 but only as respects to the use of James Slauson Community Pool/Azusa Aquatics Center for University Events *Subject to a 10 day notice of cancellation for non-payment of premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Azusa 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Shelley Ovrom BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 231 E. Foothill B1 vd. OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Azusa, CA 91702 AUTHORIZED REPRESENTATIVE ., . Noreen Russell/NOREEN ' s i A::26 ; =Y ACORD 25(2001/08) ©ACORD CORPORATION 1988 ,6 of `„ i, • U�x y AIUSA. CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL G FROM: KURT CHRISTIANSEN ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, CITY MANAGER/fiV DATE: SEPTEMBER 7, 2010 SUBJECT: REQUEST FOR PROPOSALS (RFP) FOR A MINING CONSULTANT FOR VARIOUS REVIEWS ASSOCIATED WITH SMARA (SURFACE MINING AND RECLAMATION ACT) COMPLIANCE RECOMMENDATION It is recommended that the City Council authorize staff to circulate a Request for Proposals (RFP) to provide consultant services for various reviews and activities associated with the California State Surface Mining and Reclamation Act in the City of Azusa, as well as biennial monitoring of Azusa Rock Conditions of Approval. BACKGROUND The California State Surface Mining and Reclamation Act (SMARA) requires that Lead Agencies conduct annual inspection of any mines within their cities' boundaries to assure compliance with the requirements of SMARA. Per an agreement with the City of Azusa, the City of Irwindale is responsible for the compliance of the Vulcan Materials Reliance mining plant on Foothill Boulevard, which straddles the Cities of Azusa and Irwindale. The SMARA compliance of the Vulcan Materials Azusa Rock mine and the CEMEX mine, both wholly within the City of Azusa, is the responsibility of the City of Azusa. SMARA compliance includes annual mine inspections and an annual review of the financial assurance for the implementation of the approved reclamation plan. Any firm reviewing mines for SMARA compliance are required to have mining knowledge and long-term experience in SMARA compliance regulations. It is the City's intention to select a qualified consultant whose services would be paid for by the mining companies as part of the SMARA compliance review process. The Economic and Community Development Department is proposing to circulate an RFP to qualified consulting firms for these SMARA-related services. Any firm desiring to work for the City would submit a proposal. Assuming multiple submittals are received, a Selection Committee will be established and staff will evaluate proposals according to criteria described in the Request for Proposals ("RFP"). Those firms selected for further review will be invited for an interview and to make a more detailed oral presentation to the Selection Committee which will make its recommendation to the Economic and Community Development Director. Upon City Council authorization, the selected applicant will enter into a Professional Services Agreement with the City of Azusa. FISCAL IMPACT All costs associated with consultant project review and compliance monitoring services will be borne by individual applicants and there will be no fiscal impact to the City. Attachments: Draft Request for Proposals CITY OF AZUSA REQUEST FOR PROPOSALS FOR CONSULTANT SERVICES FOR VARIOUS REVIEWS AND ACTIVITIES ASSOCIATED WITH THE CALIFORNIA STATE SURFACE MINING AND RECLAMATION ACT (SMARA) REQUIRED IN THE CITY OF AZUSA AND THE BIENNIEL MONITORING OF AZUSA ROCK MINE # 91-19-0035 CONDITIONS OF APPROVAL Introduction The City of Azusa has identified your firm as qualified to submit a proposal to provide consultant services for various reviews and activities associated with the California State Surface Mining and Reclamation Act required in the City of Azusa as well as biennial monitoring of the Azusa Rock mine Conditions of Approval. The City has three mines within the City limits which have been consistently reviewed annually per the requirements of SMARA. At this time, the City is responsible for review two mines, the Vulcan Materials Azusa Rock Fish Canyon Quarry (#91-19-0035) and the Cemex Construction Materials Mine- Azusa Quarry (#91-19- 0007). Selection Process A Selection Committee will be established for this project. The City's Economic and Community Development Department staff will evaluate proposals according to criteria described in this Request for Proposals ("RFP"). City staff will select proposals for further review based on the applicant firm's qualifications, related project experience, cost and time schedule. Those firms selected for further review will be invited for an interview and to make a more detailed oral presentation to the Selection Committee. Upon review of the final applicants, the Selection Committee will make its recommendation to the Economic and Community Development Director. The Director will make the final selection and recommendation to the City Council following completion of the applicant interviews/presentations. Notice of the selected applicant firm will be mailed to all applicants after the Director makes the recommendation to the City Council. The selected applicant will enter into a Professional Services Agreement with the City of Azusa (see attached model agreement). Proposal Requirements Each applicant firm must submit ten (10) copies of the proposal by 5:00 p.m. on September 30, 2010 to Kurt Christiansen, Director of Economic and Community Development, 213 East Foothill Boulevard, Azusa, California 91702-1395. Proposals must be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer. Faxed proposals are not acceptable and will not be considered. To be considered adequate, the proposal must contain or comply with all of the following items: 1 P:\I Panning\Entitlements\Masterforms\RFP.doc 1. The proposal must include a discussion of the principal staff member and any individual staff members who will be providing the consultant services and their experience with similar projects. The proposal must include all estimated project-related expenses and estimated costs for required copies and documents, as well as a work program with tasks and cumulative costs on a "not-to-exceed" basis. 2. The proposal must include evidence that the applicant has secured and agrees to maintain throughout the term of the agreement with the City of Azusa the following types of insurance issued by companies acceptable to the City's Risk Manager, with limits as shown below: (a) Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident for bodily injury or disease. (b) Automobile Liability. Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); $1,000,000 per accident for bodily injury and property damage. (c) General Liability. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to the agreement/location or the general aggregate limit shall be twice the required occurrence limit. (d) Professional Liability. The selected applicant firm shall procure and maintain, and require its subconsultants to procure and maintain errors and omissions liability insurance appropriate to their profession for a period of five (5) years following completion of the project,. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 3. The proposal must include a statement of qualifications for the proposed consultant services and document preparation, highlighting the applicant firm's specific experience in providing relevant or similar services for other public agencies. (a) The proposal must include a statement regarding the applicant firm's experience in assisting public agencies regarding compliance with the California State Surface Mining and Reclamation Act (SMARA). The proposal must also identify specific projects where the applicant firm has assisted other public agencies regarding compliance with SMARA and any other pertinent State and/or County regulations regarding mining regulations. (b) The proposal must include a statement regarding any subcontractors' experience in assisting public agencies regarding compliance with SMARA and any other pertinent State regulations regarding SMARA. The proposal should also identify specific 2 P:\I Panning\Entitlements\Masterforms\RFP.doc projects where the subcontractor has assisted other public agencies regarding compliance with SMARA. 4. The proposal must include an hourly rate for each staff member providing the proposed consultant services and document preparation services. 5. The proposal must include a fixed dollar amount for the preparation of all documents and for attending all meetings and public hearings relating to the SMARA requirements, including a breakdown of costs according to project issues and tasks. 6. The proposal must include a statement that the proposed services will include attendance at any public meetings, public hearings, and/or if necessary, any court hearings or settlement conferences, relating to advice given regarding SMARA requirements. 7. The SMARA documents to be prepared by the selected applicant firm must satisfy the legal requirements SMARA. If the proposal does not indicate discussion of all the SMARA issues or does not indicate adherence to stated time schedules, the Selection committee will consider the proposal inadequate and disqualify it from further consideration. 8. The proposal must include a general work schedule identifying deadlines that will provide a SMARA annual Surface Mining Inspection Report and review of the associated Financial Assurance, per the requirements of SMARA. 9. The proposal must include the applicant firm's Federal Employer Identification Number. 10. The proposer shall certify that it takes no exception(s) to this RFP. If the proposer does take any exception(s) to any portion of this RFP, the specific portion of the RFP to which exception(s) is taken shall be identified and explained. 11. The nature of this project requires an impartial, unbiased approach on the part of the selected applicant firm. The proposal must include a statement declaring that the applicant firm will not, during the performance of these services, engage in any other professional relationship or representation that would create any type of conflict or conflict of interest with regard to the consulting services for the City of Azusa. Special Conditions A. The selected applicant firm must have a current vendor application and business license on file with the City. Arrangements to complete those documents will be made upon selection. B. The selected applicant firm shall be responsible for attending any Planning Commission or City Council meetings regarding the annual SMARA Surface Mining Inspection Report or biennial Conditions of Approval review. C. The selected applicant firm will be responsible for providing a Surface Mining Inspection Report and affidavit or letter of preparation to the City for filing with the State. The selected 3 P:\I Panning\Entitlements\Masterforms\RFP.doc applicant firm shall provide three (3) copies of the Surface Mining Inspection Report and associated documents. F. The Surface Mining Inspection Report shall become the property of the City of Azusa upon acceptance of same. G. The fees for consulting services provided by the selected applicant firm shall be paid in the following manner: 100 percent upon completion of the work. H. The selected applicant and its subcontractors shall be experienced in assisting public agencies regarding mining assessments and regarding compliance with SMARA and with other pertinent State regulations regarding mining. I. The selected applicant shall not have worked for Vulcan Materials Company or CEMEX Construction Materials Company. If you require additional information regarding this RFP, please contact Kurt Christiansen, Director of Economic and Community Development at (626) 812-5299. Sincerely, Kurt Christiansen Director of Economic and Community Development Enclosure: 2009 Surface Mining Inspection Reports and Financial Assurances Model Professional Services Agreement 4 P:\I Panning\Entitlements\Masterforms\RFP.doc rt D ./5 , , IAIUSA CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT B. GARCIA, CHIEF OF POLICE VIA: F.M. DELACH, CITY MANAGER DATE: SEPTEMBER 7, 2010 AW9 SUBJECT: PURCHASE OF ONE 2010 FORD RANGER 4x2 SUPERCAB TRUCK RECOMMENDATION It is recommended that the City Council approve the purchase of one 2010 Ford Ranger 4x2 Supercab truck from Wondries Fleet Group, 1247 W. Main Street, P.O. Box 3850 Alhambra, CA 91801 in an amount not to exceed $17,517.17. It is further recommended that City Council approve the purchase of this budgeted vehicle based on the competitive bid process completed by the County of Los Angeles, under which these vehicles are available, P.O.#AW-10321561-1, per Azusa Municipal Code Section 2-253(E). BACKGROUND Each year the Police Department budgets to replace high mileage, unsafe, and/or antiquated patrol vehicles. This fleet rotation provides safe, reliable and up-to-date equipment for patrol Officers, Community Service Officers, and other public safety personnel. Not only do these high mileage vehicles become expensive to maintain, but they can compromise officer and public safety. The 2010 Ford Ranger 4x2 Supercab will replace Community Service Officer unit A-10, which was a Ford Police Interceptor that was deemed unsafe for use during a safety check on February 9, 2010. A truck is being purchased to replace the Police Interceptor to assist Community Service Officers in performing their duties. The truck will be used for Azusa Municipal Code/vendor enforcement, traffic collision and crime scene control, towing radar/message board trailers, parking enforcement, etc. 1 FISCAL IMPACT -" There are adequate funds available for the purchase of this budgeted vehicle using the 2010/11 Equipment Replacement Fund account #46-20-310-000-7135. Prepared by: Mike Bertelsen, Lieutenant 2 viiP 40111; .0- .,. !:lir, t?G'-,tir us CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT B. GARCIA, CHIEF OF POLICE VIA: F.M. DELACH, CITY MANAGER ,�'►`i?��/ DATE: SEPTEMBER 7, 2010 l'1 SUBJECT: PURCHASE OF ANNUAL RANGE AMMUNITION RECOMMENDATION It is recommended that the City Council approve the Police Department's purchase of budgeted annual firearms training and duty ammunition. BACKGROUND To comply with California Peace Officers Standards and Training (POST) and Azusa Police Department policy and procedure, sworn police personnel are required to qualify monthly and annually with the various weapons systems authorized and supplied by the Azusa Police Department. Under City of Azusa Municipal Code (AMC), Section 2-518 (b) — purchases of supplies and equipment between $10,000 and $24,999, the Police Department sought to procure the annual supply of ammunition utilizing authorized informal purchasing procedures. The Police Department obtained phone/email quotes from the only two large quantity ammunition dealers in the area. Two vendors were contacted and provided bids outlined below: 1) San Diego Police Equipment Co., Inc. $19,477.78 (Includes shipping) 2) Dooley Enterprises, Inc. $23,096.89 (DOES NOT include shipping) FISCAL IMPACT The purchase of this ammunition from San Diego Police Equipment in the amount of$19,477.78 will be funded by Police Services Budget, Special Supplies, Account #10-20-310-000-6563 ($17,000.00) and Asset Seizure Fund, Account#28-20-310-041-6563 ($2,477.78). Prepared by: Lieutenant Steve Hunt Captain Sam Gonzalez 2 CITY OF AZUSA SUMMARY OF REQUISITION QUOTATIONS FOR SUPPLIES&EQUIPMENT PROCEDURE:Purchase requisitions may be written as follows: A) Up to$1999.99-no quotations or this form needed-Dept.Head approval required B) $2,000 to$4,999.99 -Three(3)telephone quotes&Dept.Head approval-see below C) $5,000 to$9,999.99-Three(3)written quotes&City Manager approval-see below D) over$10,000-formal bids-City Council approval-see below E) Enter vendor selected F) Justification,if needed CITY ORD.#2206 G) Preparer=s Name For Bid by Azusa Bus.Deduct 1% B.$2,000 to$4,999.99-3 telephone quotations&Dept.Head approval Of Taxable: 1.Bidder Net Price: $ $ 2.Bidder Net Price: $ $ 3.Bidder Net Price: $ $ C.$5,000 to$9,999.99-3 written quotations-City Manager approval-see attached D. over$10,000-formal bids-City Council approval-see attached 1.Bidder San Diego Police Equipment Co.,Inc. Net Price: $19,477.78 $ 8205-A Ronson Road,San Diego CA 92111 2.Bidder Dooley Enterprises,Inc. Net Price: $23,096.89 $ 1198 North Grove Street#A,Anaheim,CA 92806 3.Bidder Net Price: $ $ E.Purchase requisition awarded to: San Diego Police Equipment,Inc. F.Justification for other than low bid or less than three quotations: These are the only two large quantity law enforcement ammunition dealers in California. We have used both vendors in the past depending on quote prices and/or availability. G.Form completed by: Lieutenant Steve Hunt Signed(Department Head) Approved:(Purchasing Agent) *attach form to requisition Signed:(City Manager) AZPD 1 t 1(rev 11/00) ' '.s '.;:...✓ry<Ya 1�;.s.,.. J . - `. wil, 401157 oF A , 0,16,,i,4,14 it. •� 9 s:?',.; ;:, 4. frn :* +^r..,q'7 , . ,I . >7. •� 3S` h ;t ,r : Y yiF;=''':::',1 r 11 nP . f� _ : , > ' ✓at1 * ..^ eA a &t $ 7%s*, 4'; . i>� y , s�,, . ,,ire� so 37» p ,* i '„ . " r4;t;344-01V-4.4 ,:i e � ,Yc : t ;ti. ft :idM <�i } y . si2 414.a,. yLr. _xj . r. _ kitx '( hfdx. ;. 4 � t r :oti_ i < .* : , Pr'4. �- " 11:0'*1 1541 fns CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT B. GARCIA, CHIEF OF POLICE VIA: F. M. DELACH, CITY MANAGER41,,9 1,, DATE: SEPTEMBER 7, 2010 SUBJECT: GRANT AGREEMENT FROM CA OFFICE OF TRAFFIC SAFETY FOR THE "DUI ENFORCEMENT AND AWARENESS PROGRAM" RECOMMENDATION It is recommended that City Council approve a resolution to accept a Grant agreement entitled "DUI Enforcement and Awareness" from the California Office of Traffic Safety (OTS) in the amount of $115,000. BACKGROUND The Azusa Police Department Traffic Division has applied for a grant from the California Office of Traffic Safety. The Project title is "DUI Enforcement and Awareness Program" and the project number is AL 115 8. The grant obligates the police department to conduct at least 4 DUI checkpoints and an average of 4 roving DUI saturation patrols per month in a 12 month period starting October 1 , 2010. Additionally, 12 warrant service operations and 2 surveillance operations for the worst repeat DUI offender/probationer with a suspended license. The checkpoints, patrols and details will be staffed by Azusa Police Officers on an overtime basis. Included in the grant are funds to purchase a state of the art total station for traffic collision scene measuring. The grant is worth up to $115,000.00 and reimburses the city for overtime salary and benefits for officers working the grant detail. FISCAL IMPACT This is a reimbursement grant in the amount of$115,000.00 from the California Office of Traffic Safety. Quarterly returns requesting reimbursement will be filed on a schedule set by OTS. PREPARED BY: Cpl. Dean Brewer Captain John Momot RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA, APPROVING A GRANT AGREEMENT WITH THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR THE "DUI ENFORCEMENT AND HIGH SCHOOL EDUCATION PROGRAM,"PROJECT#AL1158. WHEREAS, the Legislature and Governor of the State of California have agreed to reimbursement up to$115,000 for the program shown above;and WHEREAS, the California Office of Traffic Safety (OTS) has been delegated the responsibility for the administration of this grant Program, establishing necessary procedures;and WHEREAS, said procedures established by the California Office of Traffic Safety (OTS) require the Applicant to certify the approval of Application(s) by the Applicant's governing body;and WHEREAS,the Applicant will enter into an Agreement with the State of California to carry out the Project. NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa does hereby: 1. Approve a resolution to accept the Grant agreement from the California Office of Traffic Safety (OTS) to cover the hourly wages at overtime for police officers and regular rate for reserve officers as well as the purchase of supplies and small equipment.Officers will conduct at least 4 DUI checkpoints. an average of 4 roving DUI saturation patrols per month,12 warrant service operations and 2 surveillance operations in a 12 month period starting October 1,2010 to September 3o,2011. 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project;and 3. Certifies that the Applicant has reviewed and understands the provisions contained in the California Traffic Grant Program Manuals;and 4. Appoints the City Manager as agent to conduct all negotiations,execute and submit all documents including,but not limited to Applications,Agreements, payment requests and so on,which may be necessary for the completion of the aforementioned Project. The City Clerk shall certify the passage of this Resolution. APPROVED AND PASSED this 7T" DAY OF SEPTEMBER, 2010. MAYOR OF THE CITY OF AZUSA HEREBY CERTIFY that the foregoing resolution was duly passed by the City Council of the City Azusa at a regular meeting thereof held on the 7111 day of September, 2010. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: CITY CLERK OF THE CITY OF AZUSA Yw, F77,777-y, r_ ; JOINT CITY/AGENCY PUBLIC HEARING ITEM TO: THE HONORABLE MAYOR/CHAIRPERSON AND COUNCIL/AGENCY MEMBERS FROM: KURT CHRISTIANSEN, DIRECTOR OF ECONOMIC & COMMUNITY DEVELOPMENT VIA: F.M. DELACH, CITY MANAGER/EXECUTIVE DIRECTOR41/1/.._)1' DATE: SEPTEMBER 7, 2010 SUBJECT: CONSIDERATION OF THE FIRST AMENDMENT TO THE STATUTORY DEVELOPMENT AGREEMENT AND OWNER PARTICIPATION AGREEMENT FOR THE CITRUS CROSSING PROJECT LOCATED AT THE SOUTHWEST CORNER OF ALOSTA AVENUE AND CITRUS AVENUE RECOMMENDATION It is recommended that the City Council and Agency Board take the following action: Receive testimony from staff and the applicant, conduct a joint public hearing and adopt a resolution and ordinance entitled: 1) A Resolution of the Governing Board of the Redevelopment Agency of the City of Azusa, California, Approving an Amendment to the Statutory Development Agreement and Owner Participation Agreement By and Between the Redevelopment Agency of the City of Azusa, the City of Azusa and JAR University Common, LLC, Governing Certain Real Property Located at the Southwest Corner of Alosta Avenue and Citrus Avenue, Azusa, California, Relating to the Citrus Crossing Shopping Center; and 2) An Ordinance of the City Council of the City of Azusa, California Adopting and Approving an Amendment to the Statutory Development Agreement and Owner Participation Agreement Between the City of Azusa, the Azusa Redevelopment Agency and JAR University Common, LLC, Governing Certain Real Property Located at the Southwest Corner of Alosta Avenue and Citrus Avenue, Azusa, California, Relating to the Citrus Crossing Shopping Center. EXECUTIVE SUMMARY The Redevelopment Agency of the City of Azusa has been working for several years with JAR- University Commons LLC and Citrus Crossing Properties Fee LLC ("Developer"), the successor-in- interest to JAR, to redevelop and recruit a national restaurant anchor to the Citrus Crossing Center. In December 2006, the City Council and Agency Board adopted a Statutory Development Agreement and Owner Participation Agreement between the Redevelopment Agency, the City of Azusa and JAR—University Commons, LLC ("Agreement"), attached hereto. Pursuant to the Agreement, the developer agreed to pay annual developer payments in the amount of $40,000 associated with local sales tax fees in advance of each Sales Tax Year with subsequent annual developer payments to be paid within 90 days after commencement of each Sales Tax Year. The proposed amendment to the Agreement defers the annual developer payments for a period of 3 years to provide the Developer the opportunity to recruit and further incentivize a high quality, national chain restaurant to the center's remaining undeveloped building pad. The amendment will allow the developer to pay the annual developer payments in advance of each sales tax year within each sales tax term except for the first, second and third sales tax year. The developer shall make the first annual developer payment in the amount of Forty Thousand Dollars ($40,000) to the City within ninety (90) days of commencement of the fourth Sales Tax Year. The amendment provides for a sale tax term for a period of 23 years commencing on the first day of the first sales tax year and ending on the last day of the twenty third (23rd) Sales Tax Year. City staff is recommending that the City Council and Agency Board approve the attached Ordinance and Resolution recommending approval of the First Amendment to the Citrus Crossing Statutory Development Agreement and Owner Participation Agreement for the Citrus Crossing Project. BACKGROUND The Citrus Crossing Center is located at the southwest corner of Alosta and Citrus Avenues. The center was originally built in the 1950's and was most commonly referred to as the Foothill Shopping Center. During that time, the center was considered a blighted and underutilized site with many second tier tenants and high vacancy rates. In order to create an attractive, high quality, revenue- producing center, the Foothill Shopping Center was included in the Redevelopment Merged Project Area in 2003. In December 2006, the City of Azusa and the Redevelopment Agency of the City of Azusa entered into the Agreement with JAR—University Commons, LLC to redevelop the Foothill Shopping Center, renamed the Citrus Crossing Center. JAR transferred its interests in the Agreement with respect to the shopping center property and project to the Developer, Citrus Crossing Properties Fee LLC. JAR transferred its interests in the Agreement with respect to the vacant property and residential project to CityView Citrus Crossing 102, LP. Since its re-opening and the Developer's most recent efforts to complete the renovation of the Citrus Crossing Center, the development became stalled due to the downturn in the economy. This development includes a 7,500 square foot undeveloped building pad fronting onto Citrus Avenue that is designated for restaurant use. In an effort to incentivize quality restaurants to locate to the center, the Developer has and continues to market the restaurant pad at annual events (e.g., International Council of Shopping Centers) to provide full-service, sit-down dining. Based on the Developer's recent efforts to recruit a restaurant to the center, it is clear to staff that current economic conditions continue to make it difficult for high quality restaurants to consider smaller markets like those found in Azusa. However, staff recently became aware that there may be an opportunity to assist the Developer to recruit a full-service restaurant to the undeveloped building pad located at the center. w In June 2010, the City Manager met with the Developer and tentatively discussed whether or not the City/Agency might consider an amendment to the Agreement to defer the required annual developer payments in the amount of approximately $40,000 for a period of three years to provide the Developer the opportunity to recruit and further incentivize a high quality, national chain restaurant to the center's remaining undeveloped building pad. The Developer is requesting that the City and Agency Board approve the proposed amendment to the Agreement to provide for the deferment of the required annual developer payments. The Agreement is a statutory development agreement, which may be amended in accordance with Government Code Section 65864 et seq. and Azusa Municipal Code Chapter 88.53. A development agreement may be amended following duly noticed public hearings conducted by the planning agency and legislative body, and if approved, must be approved by ordinance. A development agreement, or amendment to a development agreement, requires a finding that the provisions of the agreement, or amendment, and development are consistent with the general plan, any applicable specific plan, and Azusa Municipal Code Chapter 88.53. On July 28, 2010, the Planning Commission reviewed the proposed project and found that the Statutory Development Agreement and Owner Participation Agreement was consistent with the General Plan and Azusa Municipal Code Chapter 88.53 and also unanimously approved the attached Resolution recommending approval of an Ordinance approving the First Amendment to the Statutory Development Agreement and Owner Participation Agreement Between the City of Azusa, the Azusa Redevelopment Agency and JAR University Common, LLC, Governing Certain Real Property Located at the Southwest Corner of Alosta Avenue and Citrus Avenue, Azusa, California, Relating to the Citrus Crossing Shopping Center. The attached Resolution of the Agency Governing Board approves the amendment. The attached Ordinance approves and adopts the amendment and provides that the amendment promotes the public health, safety and welfare of the community because the amendment (i) will eliminate uncertainty in planning and promote orderly growth and quality development on the property; (ii) significant benefits will be created for City residents and the public generally from increased employment and the public gathering opportunities created by the project; (iii) the amendment will provide for the generation of local sales tax revenues at the property. Additionally, the attached Ordinance provides that the amendment is consistent with the City's General Plan and Azusa Municipal Code Chapter 88.53 because the amendment will allow the Developer to complete the project in a manner which the City Council previously found to be consistent with the City's General Plan. The Agreement, as amended by the amendment, is consistent with the objectives, policies, general land uses and programs specified in the General Plan and all applicable specific plans. CEQA Staff has determined that it can be seen with certainty that adoption of the Resolution and Ordinance approving and adopting the amendment will not have a significant adverse effect on the environment. Thus, the adoption of the Resolution and Ordinance are exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Sections 15061(b)(3) of the CEQA Guidelines. FISCAL IMPACT The amendment does not waive the required annual developer payments; rather, the amendment postpones the annual payments for a period of three years and extends the sales tax term by an additional three years (21st, 22nd, and 23rd year) in order to receive the payment. The fiscal impact for this action includes the cost of staff time and minimal legal fees to negotiate and prepare the required amendment and has been budgeted in the FY 2009/10 budget. ATTACHMENTS • Original Agreement • Resolution • Ordinance • Draft Amendment 41 irA 15177- 11111.-4 b+, a X .e c . ,#sz^ i v wn nxF`yrr k 7F t * ' *1041 'a t `3: AIMS JOINT CITY/AGENCY TO: HONORABLE MAYOR/CHAIRMAN AND MEMBERS OF THE COUNCIL/BOARD FROM: F.M. DELACH, CITY MANAGER/EXECUTIVE DIRECTOR IVMJ DATE: SEPTEMBER 7, 2010 SUBJECT: APPROVE THE ATTACHED CONTRACT FOR FISCAL YEAR 2010/11 WITH THE AZUSA CHAMBER OF COMMERCE RECOMMENDATION It is recommended that the City Council/Redevelopment Agency authorize staff to finalize and execute the Agreement Regarding Chamber of Commerce Funding and Support between the City/Agency of Azusa and the Azusa Chamber Of Commerce for Fiscal Year 2010/11. BACKGROUND At the July 26, 2010 Special City Council Meeting staff brought before the City Council/Agency Board the attached staff report and contract authorizing staff to enter into an agreement with the Azusa Chamber of Commerce (Chamber) to provide financial assistance. At that meeting Council Member Macias was absent (excused, Naval Reserve training) and the City Council decided to continue the item until the next scheduled City Council meeting. The City Council also authorized the expenditure of$21,000 to support the Chamber through September 2010. The item has now been brought back before the City Council/Agency Board as staff was directed to do. Staff is proposing that the FY 2010/11 Agreement with the Chamber be in the amount of $79,380, which is a decrease of 10%from the FY 2009/10 Agreement. Each subsequent year the contract will be reduced by the 5% amount ($3,969) until the Chamber becomes self sufficient. FISCAL IMPACT $79,380 for fiscal year 2010/11 from the Redevelopment Agency ( 41% or $32,996) and Azusa Light and Water(59% $46,834). 1 • ATTACHMENTS Staff Report Dated July 26, 201 0 Agreement between the City o?Azusa and the Azusa Chamber of Commerce 2 ^y's.. � � w+;�'&' r +T lilt 7 :7' .K'.. 5 ..a y , ,.l"**- *,-.9-:. /'n' * .mo- iae-... a 1..4441 ?"Z.a..*i u£ :L 4 fl r a. / 7*,411 RM '11-1 OVe - . .. I) e CONSENT CALENDAR TO: HONORABLE MAYOR/CHAIRMAN AND MEMBERS OF THE COUNCIL/BOARD FROM: F.M. DELACH, CITY MANAGER DATE: JULY 26, 2010 SUBJECT: APPROVE THE ATTACHED CONTRACT FOR FISCAL YEAR 2010/11 WITH THE AZUSA CHAMBER OF COMMERCE RECOMMENDATION ' It is recommended that the City Council/Redevelopment Agency authorize staff to finalize and execute the Agreement Regarding Chamber of Commerce Funding and Support between the City/Agency of Azusa and the Azusa Chamber Of Commerce for Fiscal Year 2010/11. BACKGROUND At the June 14, 2010 City Council meeting the Council directed staff to develop a new agreement between the City and the Azusa Chamber of Commerce (Chamber) for fiscal year 2010/11. Staff was directed to reduce the contribution to the Chamber by 10% for fiscal year 2010/11 and develop a self-sufficiency program that would reduce the City's contribution to the Chamber over the following nineteen year period. The Council during the City's budget process then approved a contribution amount of $79,380, which is 10% less than the budgeted amount for fiscal year 2009/10. The funding will be 41% ($32,996) from the Redevelopment Agency and 59% ($46,834) from Azusa Light and Water. The Chamber has been an active principal advocate for business and has historically been recognized as the representative of all businesses, which contribute substantially to the City's revenue base. The Chamber's mission is "to serve as a catalyst in transformation of business and economic climate, resulting in a healthier, more prosperous Azusa". Over the years the City has partnered with the Chamber in playing a key support role in economic development and business retention efforts. 1 As per previously approved agreements, the Azusa Chamber of Commerce ("Chamber") has agreed to: • Employ competent, professional personnel to carry on the promotional and advocacy activities of the City. • Represent the interests of all Azusa businesses in promoting economic development and lawful and positive business and local sales revenue. • Participate in marketing the City's advantages inside and outside the community to retain and attract business and local sales revenue. • Promote improvement strategies that enhance the value of property and stimulate investment and development of vacant or underutilized properties. • Promote trade and business meetings and activities that further these goals. • Expand services by including a Business Recognition Program, providing educational programs, disseminating legislative and other information to the business community on behalf of the City, and increasing marketing activities to promote the City. Self-Sufficiency Plan The Chamber will develop a strategy and plan which will enable it to become financially self sufficient within nineteen (19) years from the ending term of this Agreement. The City proposes this self-sufficiency plan as a plan only and, to facilitate this, the Chamber will be subject to contribution reduction benchmarks. 1. In 2011/12, the City's contribution will be decreased 5% of Base Year Amount, to $75,411. 2. In 2012/13, the City's contribution will be decreased $3,969 of Base Year Amount, to $71,442. 3. In 2013/14, the City's contribution will be decreased $3,969 of Base Year Amount, to $67,473. 4. In 2014/15, the City's contribution will be decreased $3,969 of Base Year Amount to $63,504. This yearly reduction of $3,969 will continue through fiscal year 2029/30 when the Chamber will become self-sufficient. However, this is not a guarantee of future funding. A report and action plan will be presented to the Azusa City Manager during the term of this Agreement detailing how this goal will be achieved." FISCAL IMPACT $79,380 for fiscal year 2010/11 from the Redevelopment Agency ( 41% or $32,996) and Azusa Light and Water (59% $46,834). 2 AGREEMENT REGARDING CHAMBER OF COMMERCE FUNDING AND SUPPORT BETWEEN THE CITY OF AZUSA AND THE AZUSA CHAMBER OF COMMERCE This Agreement Regarding Chamber of Commerce Funding and Support ("Agreement") is entered into as of this 1st day of July 2010 ("Effective Date") by and between CITY OF AZUSA ("City") and the AZUSA CHAMBER OF COMMERCE (the "Chamber"). The City and Chamber are sometimes individually referred to herein as "Party" and collectively referred to as "Parties". This Agreement shall be effective for the duration of one year, until the day of June 30, 2011. RECITALS A. City is desirous of promoting business, residential and economic development opportunities within the City of Azusa, disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of the City and its business, residential and economic development opportunities; and B. City is also desirous of forming joint legislative advocacy opportunities with other entities. C. The Chamber has special knowledge, experience and facilities for disseminating such information and legislative advocacy, is organized for and equipped to carry on promotional activities on behalf of City and to publicize and exploit the economic and regional advantages that City has to offer to business, residential and industrial interests; and D. The Chamber has for more than a century been the principal citywide advocate for business and has historically been recognized as the representative of all businesses, which contribute substantially to the City's revenue base. E. The Chamber's activities are recognized by law as being in the public interest and serving a public purpose. AGREEMENT NOW, THEREFORE, it is agreed by and between the Parties as follows: A. Services Chamber shall undertake, during the term of this Agreement. promotional and advocacy activities on behalf of City and render the following services: 1. Maintain suitable quarters and employ competent, professional personnel to carry on the promotional and advocacy activities of the City as herein stated. 2. Represent the interests of all Azusa businesses in promoting economic development and lawful and positive business and local sales revenue. 3. Participate in marketing the City's advantages inside and outside the community to retain and attract business and local sales revenue. 1 4. Promote improvement strategies that enhance the value of property and stimulate investment and development of vacant or underutilized properties. 5. Promote trade and business meetings and activities that further these goals. B. Responsibilities Chamber shall undertake, during the term of this Agreement, promotional and advocacy activities on behalf of City in the following areas: 1. Business a. The Chamber shall actively work to increase the current Membership by 10%. b. Serve as an advocate for the business community and as a City liaison when appropriate. This shall be accomplished by operating as a visible and approachable representative of business, and by disseminating legislative and other information to the business community on behalf of the City. c. Attend meetings of the Azusa City Council on a regular basis. d. Maintain and continue to improve the image of the Chamber within the City of Azusa and surrounding areas. e. Assist the City in the attraction, retention and expansion of business in Azusa through the work of an Economic Development Committee, which shall reach out to businesses and offer workshops and assistance to the business community. f. Provide Chamber Members with an avenue to announce their presence in the community at large, through groundbreaking events, ribbon-cutting ceremonies and open houses. g. Serve as a Member on the San Gabriel Valley Coalition of Chambers to provide a voice for the business community within Azusa. h. Host the Annual State Address for members of the community, employees of the City, and business owners. i. Provide educational programs to Chamber Members including: Internship Programs with our Business Partners, Legislative Matters i.e., Legal Labor Laws for Small, Home Based and Large Businesses, provision of a Community Resource Information Center; and Promotion of Multicultural Markets specializing in Business Type, Industrial, Retail and all member classifications. j. Develop a Business Recognition Program in conjunction with the City of Azusa to include all sizes of business. Develop criteria, plan and venue of recognition, e.g., Beautification of Business in Azusa, Volunteer Award, Business of the Year, and Business Person of the Year. Additionally, enhance our current New Chamber Member Reception for new members in conjunction with the current increase of membership. 2 2. Community The Chamber shall continue to improve the quality of life in Azusa by participating in the following Community events and/or organizations: a. Serve as a community volunteer on the "Kids Come First" golf tournament. b. Serve as a liaison for the City in encouraging local businesses to participate in community events. c. Be an active Member of the Community Coordinating Council, and assist in the formation of a directory listing non-profit and service organizations that shall serve as a welcome and resource guide for new residents to Azusa. d. Serve as a point of contact for the local business community to obtain information, volunteer, or donate funds in support of the Vietnam Memorial Moving Wall. e. Continue to take an active role in the President's Community Council at Azusa Pacific University. f. Promote community spirit by coordinating and attending the annual Azusa Day at the Pomona Fairplex. g. Support the City of Azusa's Annual Golden Days festivities by coordinating an event on one evening of the weeklong festival. h. Continue an increase in the following programs and events: Presidents Club; Membership; Networking Events; New Member Receptions; Collaborative Mixers with adjoining cities; Taste of the Town; State of the City; Job Shadow; and Meet the Mayor Reception. 3. Marketing and Business Development The Chamber will increase its activities to market the City by performing the following: a. I.C.S.C. —Partner with the City to support and promote Azusa b. Include City staff from Economic Development in the Business Visitation Program with the Chamber and Economic Development Committee. c. Create a new City Map which includes the new Rosedale Development area. d. Upgrade and improve the Design of the Chamber's Website e. Update the marketing materials for the Chamber. Create a new marketing packet to include folders, brochures, City information, maps, Chamber directory, and marketing giveaways. Also design and create a"New Residential Packet" for new residents moving into Azusa. f. Expand the publication of The Azusan(The Chamber's Newsletter) by increasing pages and volume of advertisement, include a Mayor and/or City Council column, include testimonials and case studies from businesses in Azusa, include City maps and information, and increase the 3 quality of the publication to include color. As a future goal, the Chamber will strive to increase editions from bi-monthly to monthly, and increase distribution to all businesses within the City of Azusa and add residential distribution. C. Consideration In consideration of the valuable services performed by the Chamber for City, as set forth above in Section A hereof, City hereby agrees to pay Chamber, during the term of this Agreement, the sum of ($79,380.00) eighty-eight thousand two hundred dollars ("Base Year Amount"). This represents a 10% decrease in the City's contribution from FY 2009/10. The City shall make payment, to the Chamber in twelve monthly installments of$6,615.00. The Chamber agrees not to fund The Azusan or any other Chamber newsletters or publications with any compensation provided by the City. D. Duties of Chief Executive Officer The Chief Executive Officer shall prepare and submit to the City Manager or his designee a written report every sixty (60) days specifying the activities of Chamber during the preceding sixty (60) days. Said report shall be prepared in format acceptable to the City Manger. Executive Director shall promptly furnish City, upon the completion of Chamber's operating year, certified copies of its annual operating statement. E. Self-Sufficiency of the Chamber The Chamber will develop a strategy and plan which will enable it to become financially self sufficient within nineteen (19) years from the ending term of this Agreement. The City proposes this self- sufficiency plan as a plan only and, to facilitate this, the Chamber will be subject to contribution reduction benchmarks. In 2011/12, the City's contribution will be decreased 5% of Base Year Amount, to $75,411. In 2012/13, the City's contribution will be decreased $3,969 of Base Year Amount, to $71,442. In 2013/14, the City's contribution will be decreased $3,969 of Base Year Amount, to $67,473. In 2014/15, the City's contribution will be decreased $3,969 of Base Year Amount to $63,504. This yearly reduction of $3,969 will continue through fiscal year 2029/30 when the Chamber will become self-sufficient. However, this is not a guarantee of future funding. A report and action plan will be presented to the Azusa City Manager during the term of this Agreement detailing how this goal will be achieved." F. Indemnification Chamber agrees that it will defend, indemnify and hold harmless City, and its elected officials, officers, employees and agents from and against all claims, demands, cause of action, costs, expenses, losses, injuries, damages or liabilities to property or persons, including wrongful death, in any manner arising out of or in connection with any alleged acts, omission or willful misconduct of Chamber, its officials, officers, employees, a ents, consultants and contractors arisingout of or in connection with the g performance of the Services or this Agreement, including without limitation, the payment of all consequential damages, attorneys fees and other related costs and expenses to the maximum extent allowed by law. G. Insurance Chamber shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a 4 policy of comprehensive automobile and worker's compensation and employee's Liability Insurance in which the City is the named insured or is named as an additional insured with the Chamber and shall furnish a Certificate of Liability Insurance to the City Manager before execution of this Agreement by the City or within a reasonable time after execution. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: 1. Include the City as the insured or named as an additional insured covering the services to be performed under this Agreement against all claims arising out of, or in connection with, this Agreement. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with, the Agreement. 3. Provide the following minimum limits: a. General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. b. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c. Worker's Compensation and Employees Liability: Worker's Compensation limits as required by the Labor Code of the State of California and Employer's Liability of limits of $1,000,000.00 per accident. 4. This insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Chamber for the City. 5. Bearer and endorsement of shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail,postage prepaid, return receipt requested, not less than thirty(30) days before such date. H. Self-Insured Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respect of the City, its officers, officials and employees; or the Chamber shall procure a bond guaranteeing payment of losses and related investigation claim administration and defense expenses. I. Attorney's Fees Should any litigation be commenced between the Parties hereto concerning the provision of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. 5 J. Term This Agreement shall be effective for a twelve (12) month period commencing upon effective date of this Agreement. K. Termination This Agreement may be terminated by either party upon thirty (30) days written notice,with any sums due and payable hereunder. [SIGNATURES TO FOLLOW ON NEXT PAGE] 6 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date(s) written below. CITY OF AZUSA AZUSA CHAMBER OF COMMERCE F.M. Delach Mary McKenrick, Chairwoman of the Board City Manager of Directors for Azusa Chamber of Commerce DATE: DATE: ATTEST: Vera Mendoza City Clerk APPROVED AS TO FORM: Best, Best& Krieger, LLP City Attorney 7 4400 41 us AGENCY AGENDA ITEM TO: HONORABLE CHAIRPERSON AND AGENCY BOARD FROM: KURT CHRISTIANSEIN, DIRECTOR OF ECONOMIC & COMM. DEVELOPMENT VIA: F.M. DELACH, EXECUTIVE DIRECTORAO DATE: SEPTEMBER 7, 2010 (' , SUBJECT: EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND RICH DEVELOPMENT LLC FOR THE NORTHEAST CORNER OF ARROW HIGHWAY AND AZUSA AVENUE RECOMMENDATION It is recommended that the Agency Board authorize the Executive Director to enter into an Exclusive Negotiation Agreement with Rich Development LLC for the development of the northeast corner of Arrow Highway and Azusa Avenue. BACKGROUND To date,the Agency has entertained several retail/commercial concepts for the 3.5-acre property at the northeast corner of Arrow Highway and Azusa Avenue (the "NEC"). • On August 15, 2005 the Agency entered into an Exclusive Negotiating Agreement ("ENA") with JFH Retail Development Partners, LLC to construct a neighborhood shopping center on the NEC. • On May 7, 2007 the Agency entered into an ENA with Kendrew Development LLC for the construction of certain commercial/retail improvements on the NEC. • On April 7, 2009 the Agency entered into an ENA with Rich Development LLC. This ENA was allowed to expire in August 2009 when the Agency and Rich Development were unable to arrive at satisfactory terms for a development agreement. Since the Rich Development ENA expired, the Agency has received a number of inquiries from other potential developers who have expressed interest in the site, including new inquiries from Rich Development. While no formal request for development proposals has been issued, Agency staff has met with these potential developers to explore project alternatives. DEVELOPMENT PROPOSAL The new proposal submitted by Rich Development envisions essentially the same development scheme as the one that was under consideration a year ago: • Three retail pads4ncluding a 13,650 SF drug store (Walgreens), a 10,500 SF market (Fresh & Easy), and a 4,000 SF retail pad (no tenant identified). • A 6,000 SF full-service restaurant pad (no tenant identified). • 185 parking stalls Rich Development has proposed to pay the Agency $3.4 million for the property, subject to the recruitment of a restaurant tenant and final lease agreements with the,other retail tenants. Last year, Rich Development's project proforma showed a land purchase price of$2.8 million. EXCLUSIVE NEGOTIATING AGREEMENT The ENA proposes that the Agency and the Rich Development negotiate diligently and in good faith towards the goal of producing a mutually acceptable DDA. The term of the proposed ENA is 180 days. Within the term of the ENA, Rich Development shall prepare and present all of the following: (a) A proposed complete conceptual development plan for the Project on the Property that describes and depicts: (1) the location and placement of proposed buildings and (2) the architecture and elevations of the proposed buildings; (b) Any proposed zoning change or changes to the City's General Plan, if any, necessary to accommodate the Project on the Property; (c) A proposed financing plan and pro forma identifying financing sources for the development of the Project on the Property; (d) Financial commitments from proposed tenants of the retail pads as well as a full service restaurant; (e) A preliminary financial analysis demonstrating the costs and benefits to the City and the Agency regarding all construction, maintenance and operations of all proposed public improvements, the costs of additional or increased levels of public services and any new public revenues anticipated to be generated by the Project; (f) A proposed time schedule. FISCAL IMPACT All expenses incurred by the Developer for consultants retained by the Developer will be the sole responsibility of the Developer. The Developer is also responsible for paying all costs for the City/Agency to process any CEQA documentation. The ENA also provides that the Developer will pay the Agency a non-refundable deposit of$15,000 to defray the Agency's costs. All other financial terms and conditions associated with the NEC project will be determined as part of the DDA negotiations process. Attachments 1. Exclusive Negotiation Agreement REDEVELOPMENT AGENCY OF THE CITY OFAZUSA EXCLUSIVE NEGOTIATION AGREEMENT (Northeast Corner of Arrow Highway &Azusa Avenue Project) THIS EXCLUSIVE NEGOTIATION AGREEMENT(`Agreement') is dated as of , 2010 for reference purposes only, and is entered into by and between the Redevelopment Agency of the City of Azusa, a public body corporate and politic (`Agency'), existing and acting pursuant to the California Community Redevelopment Law (Health and Safety Code Sections 33000, et seq.) (`CRL'), and Rich Development LLC, a California limited liability company(`Developer'), to provide a specified period of time to attempt to negotiate a disposition and development agreement. The Agency and the Developer are sometimes referred to in this Agreement individually, as a `Party' and, collectively, as the `Parties.' This Agreement is entered into by the Parties with reference to the following recited facts (each, a `Recital'): RECITALS A. The City of Azusa, California (`City'), approved and adopted the redevelopment plan (`Redevelopment Plan') for the for the redevelopment project area known as the `Merged Central • Business District and West End Redevelopment Project Area' covering a certain geographic area within the City(`Project Area'); and B. The Agency has adopted owner participation rules (`OP Rules') pursuant to Health and Safety Code Sections 33339, 33345 and 33380 and an implementation plan (Implementation Plan') for the Redevelopment Plan, pursuant to Health & Safety Code Section 33490 or 33352 (the `Implementation Plan'); and C. The Agency is the current owner of certain real property located within the Project Area and generally located at the northeast corner of Azusa Avenue and Arrow Highway and more specifically described in the property description attached to this Agreement as Exhibit 'A' (`Property')and incorporated into this Agreement by this reference; and D. The Developer has proposed the redevelopment of the Property as a small format neighborhood retail and restaurant center, as generally described in Exhibit 'B' and incorporated into this Agreement by this reference(`Project'); and E. The intent of both the Agency and the Developer in entering into this Agreement is to establish a specific, limited period of time to negotiate regarding a future agreement between them governing the potential sale of the Property from the Agency to the Developer and development of the Project on the Property,all subject to mutually agreeable terms, conditions,covenants,restrictions and agreements to be negotiated and documented a future disposition and development agreement (`DDA'). NOW, THEREFORE, IN VIEW OF THE GOALS AND OBJECTIVES OF THE AGENCY RELATING TO THE IMPLEMENTATION OF THE REDEVELOPMENT PLAN AND THE PROMISES OF THE AGENCY AND THE DEVELOPER SET FORTH IN THIS AGREEMENT, THE AGENCY AND THE DEVELOPER AGREE,AS FOLLOWS: 1 l. Incorporation of Recitals. The Recitals of fact set forth above are true and correct and are incorporated into this Agreement, in their entirety, by this reference. 2. Deposits. (a) Concurrent with the Developer's execution of this Agreement, the Developer shall pay to the Agency a deposit in the amount of Fifteen Thousand Dollars ($15,000) in immediately available funds ('Initial Deposit')to ensure that the Developer will proceed diligently and in good faith to fulfill its obligations under this Agreement during the Negotiation Period (as defined in Section 3(a)), as part of the consideration for the Agency's agreement not to negotiate with other persons during the Negotiation Period, and to defray certain costs of the Agency in pursuing the contemplated negotiations with the Developer during the Negotiation Period, pursuant to this Agreement. The Initial Deposit shall be fully earned by the Agency when made and shall be non-refundable to the Developer. 3. Term of Agreement. (a) The rights and duties of the Agency and the Developer established by this Agreement shall commence on the first date on which all of the following have occurred (the `Effective Date'): (1) execution of this Agreement by the authorized representative(s)of the Developer and delivery of such executed Agreement to the Agency, (2) payment of the Initial Deposit to the Agency by the Developer, in accordance with Section 2(a), and (3) approval of this Agreement by the Agency governing body and execution of this Agreement by the authorized representative(s) of the Agency and delivery of such executed Agreement to the Developer. The Agency shall deliver a fully executed counterpart original of this Agreement to the Developer, within ten (10) calendar days following the Agency governing body's approval of this Agreement, if approved, and the execution of this Agreement by the authorized representative(s)of the Agency. This Agreement shall continue in effect for the period of one hundred eighty (180) consecutive calendar days immediately following the Effective Date ('Negotiation Period'). (b) This Agreement shall automatically expire and be of no further force or effect at the end of the Negotiation Period, unless, prior to that time, both the Agency and the Developer approve and execute a separate DDA acceptable to both the Agency and the Developer,in their respective sole and absolute discretion,in which case this Agreement will terminate on the effective date of such DDA. 4. Obligations of Developer. During the Negotiation Period, the Developer shall proceed diligently and in good faith to develop and present to Agency staff and, subsequently, to the Agency governing body, for review, all of the following: (a) A proposed complete conceptual development plan for the Project on the Property that describes and depicts: (1) the location and placement of proposed buildings and (2) the architecture and elevations of the proposed buildings; (b) Proposed zoning change or changes to the City's General Plan, if any, necessary to accommodate the Project on the Property; (c) A list of potential users or tenants and anticipated lease rates and resale land prices for the Property,as developed with the Project; (d) A proposed time schedule and cost estimates for the development of the Project • on the Property; 2 (e) A proposed financing plan identifying financing sources for all private and public improvements proposed for the Project; and { } A preliminary financial analysis demonstrating the costs and benefits to the City and the Agency regarding all construction, maintenance and operations of all proposed public improvements,the costs of additional or increased levels of public services and any new public revenues anticipated to be generated by the Project. ti 4. Milestone Timeline. Agency and Developer acknowledge and agree that all submittals required by this Agreement shall be made pursuant to the timeline attached hereto as Exhibit C.Exhibit C may be amended administratively by Executive Director with the concurrence of Developer; provided that the timeline does not exceed the Negotiation Period. 5. Negotiation of DDA. During the Negotiation Period, the Agency and the Developer shall negotiate diligently and in good faith to negotiate a DDA between them. The Agency and the Developer shall generally cooperate with each other and supply such documents and information as may be reasonably requested by the other to facilitate the conduct of the negotiations. Both the Agency and the Developer shall exercise reasonable efforts to complete discussions relating to the terms and conditions of a DDA and such other matters, as may be mutually acceptable to both the Agency and the Developer, in their respective sole discretion. The exact terms and conditions of a DDA, if any, shall be determined during the course of these negotiations. Nothing in this Agreement shall be interpreted or construed to be a representation or agreement by either the Agency or the Developer that a mutually acceptable DDA will be produced from negotiations under this Agreement. Nothing in this Agreement shall impose any obligation on either Party to agree to a definitive DDA in the future. Nothing in this Agreement shall be interpreted or construed to be a. guaranty, warranty or representation that any proposed DDA that may be negotiated by Agency staff and the Developer will be approved by the Agency governing body. The Developer acknowledges and agrees that the Agency's consideration of any DDA is subject to the sole and absolute discretion of the Agency governing body and all legally required public hearings,public meetings,notices,factual findings and other determinations required by law. 6. Restrictions Against Change in Ownership, Management and Control of Developer and Assignment of Agreement. (a) The qualifications and identity of the Developer and its principals are of particular concern to the Agency. It is because of these qualifications and identity that the Agency has entered into this Agreement with the Developer. During the Negotiation Period, no voluntary or involuntary successor-in-interest of the Developer shall acquire any rights or powers under this Agreement, except as provided in Section 6(c). (b) The Developer shall promptly notify the Agency in writing of any and all changes whatsoever in the identity of the business entities or individuals either comprising or in Control (as defined in Section 6(d)) of the Developer, as well as any and all changes in the interest or the degree of Control of the Developer by any such person, of which information the Developer or any of its shareholders, partners, members, directors, managers or officers are notified or may otherwise have knowledge or information. Upon the occurrence of any significant or material change,whether voluntary or involuntary, in ownership, management or Control of the Developer (other than such changes occasioned by the death or incapacity of any individual) that has not been approved by the Agency,prior to the time of such change, the Agency may terminate this Agreement, without liability to the Developer or any other person, by sending written notice of termination to the Developer, referencing this Section 6(b) 3 (c) The Developer may assign its rights under this Agreement to an Affiliate (as defined in Section 6(d)), on the condition that such Affiliate expressly assumes all of the obligations of the Developer under this Agreement in a writing reasonably satisfactory to the Agency, and further provided that The Acevedo Group LLC, a California limited liability company, shall, at all times, Control any such Affiliate and be responsible and obligated directly to the Agency for performance of the Developer's obligations under this Agreement. (d) For the purposes of this Agreement, the term `Affiliate' means any person, directly or indirectly, controlling or controlled by or under common control with the Developer, whether by direct or indirect ownership of equity interests, by contract, or otherwise. For the purposes of this agreement, `Control' means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether by ownership of equity interests, by contract, or otherwise. 7. Developer Obligations to Review Draft Agreements and Attend Meetings. (a) During the Negotiation Period, the Developer shall diligently review and comment on drafts of a DDA prepared by the Agency's legal counsel and, if the terms and conditions of such a DDA are agreed upon between Agency staff and the Developer, submit the DDA fully executed by the authorized representative(s) of the Developer to the Agency Executive Director for submission to the Agency governing body for review and approval or disapproval. Any future DDA shall consist of terms and conditions acceptable to both the Developer and the Agency governing body, in their respective sole and absolute discretion. (b) During the Negotiation Period, the Developer shall also keep the Agency governing body and staff advised on the progress of the Developer in performing its obligations under this Agreement, on a regular basis or as requested by Agency staff, including, without limitation, having one or more of the Developer's employees or consultants who are knowledgeable regarding this Agreement, the design and planning of the Project and the progress of negotiation of a DDA, such that such person(s) can meaningfully respond to Agency and/or Agency staff questions regarding the progress of the design and planning of the Project or the negotiation of a DDA, attend both: (1) bi-weekly meetings or conference calls with Agency staff, as reasonably scheduled by Agency staff during the Negotiation Period(each, a `Bi-Weekly Meeting'),and (2)meetings of the Agency governing body, when reasonably requested to do so by Agency staff. 8. Developer to Pay All Costs and Expenses. All fees or expenses of engineers, architects, financial consultants, legal, planning or other consultants or contractors, retained by the Developer for any study, analysis, evaluation, report, schedule, estimate, environmental review, planning and/or design activities, drawings, specifications or other activity or matter relating to the Property or the Project or negotiation of a DDA that may be undertaken by the Developer during the Negotiation Period, pursuant to or in reliance upon this Agreement or in the Developer's discretion, regarding any matter • relating to a DDA, the Property or the Project, shall be the sole responsibility of and undertaken at the sole cost and expense of the Developer and no such activity or matter shall be deemed to be undertaken for the benefit of, at the expense of or in reliance upon the Agency. The Developer shall also pay all fees, charges and costs, make all deposits and provide all bonds or other security associated with the submission to and processing by the City and/or the Agency of any and all applications and other documents and information to be submitted to the City and/or the Agency by the Developer pursuant to this Agreement or otherwise associated with the Project. The Agency shall not be obligated to pay or reimburse any expenses, fees, charges or costs incurred by the Developer in pursuit of any study,analysis, evaluation, report, schedule, estimate, environmental review, planning and/or design activities, drawings, specifications or other activity or matter relating to the Property or the Project or negotiation of a DDA 4 that may be undertaken by the Developer during the Negotiation Period,whether or not this Agreement is, • eventually, terminated or extended or a DDA is entered into between the Agency and the Developer, in the future. 9. Agency Not To Negotiate With Others. (a) During the Negotiation Period, the Agency and Agency staff shall not negotiate with any other person regarding the sale or redevelopment of the Property, except owners of or business tenants occupying property within the Project Area,as provided for in the Redevelopment Plan. The term `negotiate,' as used in this Agreement, means and refers to engaging in any discussions with a person other than the Developer, regardless of how initiated, with respect to that person's redevelopment of the Property to the total or partial exclusion of the Developer from redeveloping the Property, without the Developer's written consent, subject to the provisions of Section 9(b) and further provided that the Agency may receive and retain unsolicited offers regarding redevelopment of the Property, but shall not '• negotiate with the proponent of any such offer during the Negotiation Period;provided,however, that the Agency may discuss the fact that the Agency is a party to this Agreement. (b) Implementation of the Redevelopment Plan shall be and remain in the sole and exclusive purview and discretion of the Agency. Nothing in this Agreement shall limit, prevent, restrict • or inhibit the Agency from providing any information in its possession or control that would customarily be furnished to persons requesting information from the Agency concerning the Agency's activities, goals, matters of a similar nature relating to implementation of the Redevelopment Plan or as required by law to be disclosed,upon request or otherwise. (c) The Developer acknowledges and agrees that the Agency has certain obligations pursuant to CRL, the Redevelopment Plan, the Implementation Plan and the OP Rules to solicit and consider proposals from owners of real property located within the Project Area for redevelopment of their real property and that nothing in this Agreement shall limit the Agency's solicitation or consideration of such proposals, including, without limitation, proposals for redevelopment of all or any portion of the Property from an owner or owners or real property comprising the Property. 10. Acknowledgments and Reservations. (a) The Agency and the Developer agree that, if this Agreement expires or is terminated for any reason, or a future DDA is not approved and executed by both the Agency and the Developer, for any reason,neither the Agency nor the Developer shall be under any obligation, nor have any liability to each other or any other person regarding the sale or other disposition of the Property or the redevelopment of the Project or the Property. (b) The Developer acknowledges and agrees that no provision of this Agreement shall be deemed to be an offer by the Agency, nor an acceptance by the Agency of any offer or proposal from the Developer for the Agency to convey any estate or interest in the Property to the Developer or for the Agency to provide any financial or other assistance to the Developer for redevelopment of the Project or the Property. (c) The Developer acknowledges and agrees that the Developer has not acquired,nor will acquire, by virtue of the terms of this Agreement, any legal or equitable interest in real or personal property from the Agency. (d) Certain development standards and design controls for the Project may be established between the Developer and the Agency, but it is understood and agreed between the Agency 5 1 and the Developer that the Project and the redevelopment of the Property must conform to all Agency, City and other applicable governmental development, land use and architectural regulations and standards. Drawings, plans and specifications for the Project shall be subject to the approval of the Agency and the City, through the standard development application process for redevelopment projects within the Project Area. Nothing in this Agreement shall be considered approval of any plans or specifications for the Project or of the Project itself by either the Agency or the City. (e) The Agency reserves the right to reasonably obtain further information, data and commitments to ascertain the ability and capacity of the Developer to lease, develop and operate the Property and/or the Project. The Developer acknowledges that it may be requested to make certain financial disclosures to the Agency, its staff, legal counsel or other consultants, as part of the financial due diligence investigations of the Agency relating to the potential sale of the Property and redevelopment of the Project on the Property by the Developer and that any such disclosures may become public records. The Agency shall maintain the confidentiality of financial information of the Developer to the extent allowed by law, as determined by the City Attorney. (f) The Agency shall not be deemed to be a Party to any agreement for the acquisition of, lease of or disposition of real or personal property, the provision of financial assistance to the Developer or development of the Project on the Property or elsewhere, until the terms and conditions of a complete future DDA are considered and approved by both the City Council and the Agency governing body, in their respective sole and absolute discretion, following the conclusion of one or more duly noticed public hearings, as required by law. The Developer expressly acknowledges and agrees that the Agency will not be bound by any statement, promise or representation made by Agency staff or representatives during the course of negotiations of a future DDA and that the Agency shall only be legally bound upon the approval of a complete DDA by both the City Council and the Agency governing body, in their respective sole and absolute discretion, following one or more duly noticed public hearings, as required by law. 11. Nondiscrimination. The Developer shall not discriminate against nor segregate any person, or group of persons on account of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry in undertaking its obligations under this Agreement. 12. Limitation on Damages and Remedies. (a) THE DEVELOPER AND THE AGENCY ACKNOWLEDGE THAT IT IS EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN THE AMOUNT OF DAMAGES THAT WOULD BE SUFFERED BY THE DEVELOPER UPON THE BREACH OF THIS AGREEMENT BY THE AGENCY. HAVING MADE DILIGENT BUT UNSUCCESSFUL ATTEMPTS TO ASCERTAIN THE ACTUAL DAMAGES THE DEVELOPER WOULD SUFFER UPON THE BREACH OF THIS AGREEMENT BY THE AGENCY, THE DEVELOPER AND THE AGENCY AGREE THAT A REASONABLE ESTIMATE OF THE DEVELOPER'S DAMAGES IN SUCH EVENT IS FIF I'EEN THOUSAND DOLLARS ($15,000) (THE `LIQUIDATED DAMAGES AMOUNT'). THEREFORE, UPON THE BREACH OF THIS AGREEMENT BY THE AGENCY, THE AGENCY SHALL PAY THE LIQUIDATED DAMAGES AMOUNT TO THE DEVELOPER AND THIS AGREEMENT SHALL TERMINATE. RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT SHALL BE THE DEVELOPER'S SOLE AND EXCLUSIVE REMEDY ARISING FROM ANY BREACH OF THIS AGREEMENT BY THE AGENCY. Initials of Authorized Initials of Authorized 6 Representative of Agency Representative of Developer (b) THE AGENCY AND THE DEVELOPER EACH ACKNOWLEDGE AND AGREE THAT THE AGENCY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT, IF IT WERE TO BE LIABLE TO THE DEVELOPER FOR ANY MONETARY DAMAGES, MONETARY RECOVERY OR ANY REMEDY OTHER THAN TERMINATION OF THIS AGREEMENT AND PAYMENT OF THE LIQUIDATED DAMAGES AMOUNT. ACCORDINGLY, THE AGENCY AND THE DEVELOPER AGREE THAT THE DEVELOPER'S SOLE AND EXCLUSIVE RIGHT AND REMEDY UPON THE BREACH OF THIS AGREEMENT BY THE AGENCY IS TO TERMINATE THIS AGREEMENT AND RECEIVE THE LIQUIDATED DAMAGES AMOUNT. (c) THE DEVELOPER ACKNOWLEDGES THAT IT IS AWARE OF THE MEANING AND LEGAL EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR • HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. (d) CALIFORNIA CIVIL CODE SECTION 1542 NOTWITHSTANDING, IT IS THE INTENTION OF THE DEVELOPER TO BE BOUND BY THE LIMITATION ON DAMAGES, RECOVERY AND REMEDIES SET FORTH IN THIS SECTION 12, AND THE DEVELOPER HEREBY RELEASES ANY AND ALL CLAIMS AGAINST THE AGENCY FOR MONETARY DAMAGES, MONETARY RECOVERY OR OTHER LEGAL OR EQUITABLE RELIEF RELATED TO ANY BREACH OF THIS AGREEMENT,EXCEPT RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT, WHETHER OR NOT ANY SUCH RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO THE DEVELOPER AS OF THE EFFECTIVE DATE OF THIS AGREEMENT. THE DEVELOPER SPECIFICALLY WAIVES THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542 AND ALL OTHER STATUTES AND JUDICIAL DECISIONS (WHETHER STATE OR FEDERAL) OF SIMILAR EFFECT WITH REGARD TO THE LIMITATIONS ON DAMAGES AND REMEDIES AND WAIVERS OF ANY SUCH DAMAGES AND REMEDIES CONTAINED IN THIS SECTION 12. 4‘t:a Initials of Authorized Initials of Authorized Representative of Agency Representative of Developer 13. Default. (a) Failure or delay by either Party to perform any material term or provision of this Agreement shall constitute a default under this Agreement. If the Party who is claimed to be in default by the other Party cures, corrects or remedies the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default, such Party shall not be in default under this Agreement. The notice and cure period provided in the immediately preceding sentence shall not, under any circumstances, extend the Negotiation Period. If there are less than fifteen (15) days remaining in the 7 Negotiation Period, the cure period allowed pursuant to this Section 13(a) shall be automatically reduced • to the number of days remaining in the Negotiation Period. (b) The Party claiming that a default has occurred shall give written notice of default to the Party claimed to be in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. However,the injured Party shall have no right to exercise any remedy for a default under this Agreement, without first delivering written notice of the default. (c) Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. (d) If a default of either Party remains uncured for more than fifteen (15) calendar days following receipt of written notice of such default, a `breach' of this Agreement by the defaulting • Party shall be deemed to have occurred. In the event of a breach of this Agreement, the sole and • exclusive remedy of the Party who is not in default shall be to terminate this Agreement by serving written notice of termination on the Party in breach and, in the case of a breach by the Agency, the Developer shall also be entitled to receive the Liquidated Damages Amount. 14. Compliance with Law. The Developer acknowledges that any future DDA, if approved by the governing body of the Agency, will require the Developer (among other things) to carry out the development of the Project in conformity with all applicable laws, including all applicable building, planning and zoning laws, environmental laws, safety laws and federal and state labor and wage laws. I5. Press Releases. The Developer agrees to obtain the approval of the Agency Executive Director or his or her designee or successor in function of any press releases Developer may propose relating to the lease or redevelopment of the Property or negotiation of a DDA with the Agency, prior to publication. 16. Notice. All notices required under this Agreement shall be presented in person, by nationally recognized overnight delivery service or by facsimile and confirmed by first class certified or registered United States Mail, with return receipt requested,to the address and/or fax number for the Party set forth in this Section 16. Notice shall be deemed confirmed by United States Mail effective the third (3rd) business day after deposit with the United States Postal Service. Notice by personal service or nationally recognized overnight delivery service shall be effective upon delivery. Either Party may • change its address for receipt of notices by notifying the other Party in writing. Delivery of notices to courtesy copy recipients shall not be required for valid notice to a Party. TO DEVELOPER: Rich Development LLC 1000 North Western Avenue, Suite 200 San Pedro,CA 90732 Attention: Joseph W.Rich,Principal Telephone: (310) 547-3326 Fax: (310)547-1177 COPY TO: Buckner,Alani &Mirkovich 3146 Redhill Avenue, Suite 200 Costa Mesa, CA 92626 Attention:William D.Buckner, Esq. Telephone: (714)432-0990 Fax: (714)432-0352 8 TO AGENCY: The Redevelopment Agency of the City of Azusa 213 East Foothill Boulevard Azusa,California 91702 Attention: F.M. Delach, Executive Director Telephone: (626) 812-5239 Fax: (626) 334-6358 COPY TO: Best Best&Krieger, LLP 5 Park Plaza; Suite 1500 Irvine, CA Attn: Elizabeth W. Hull Telephone: (949) 263-2600 Fax: (949)260-0972 17. Warranty Against Payment of Consideration for Agreement. The Developer warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement. Third parties, for the purposes of this Section 17, shall not include persons to whom fees are paid for professional services, if rendered by attorneys, financial consultants, accountants, engineers, architects and other consultants, when such fees are considered necessary by the Developer. 18. Acceptance of Agreement by Developer. The Developer shall acknowledge its acceptance of this Agreement by delivering to the Agency three (3) original counterpart executed copies of this Agreement signed by the authorized representative(s)of the Developer. 19. Counterpart Originals. This Agreement may be executed by the Agency and the Developer in multiple counterpart originals, all of which together shall constitute a single agreement. 20. No Third-Party Beneficiaries. Nothing in this Agreement is intended to benefit any person or entity other than the Agency or the Developer. 21. Governing Law. The Agency and the Developer acknowledge and agree that this Agreement was negotiated, entered into and is to be fully performed in the City of Azusa, California. The Agency and the Developer agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California,without application of such laws' conflicts of laws principles. 22. Waivers. No waiver of any breach of any term or condition contained in this Agreement shall be deemed a waiver of any preceding or succeeding breach of such term or condition,or of any other term or condition contained in this Agreement. No extension of the time for performance of any obligation or act, no waiver of any term or condition of this Agreement, nor any modification of this Agreement shall be enforceable against the Agency or the Developer, unless made in writing and executed by both the Agency and the Developer. 23. Construction. Headings at the beginning of each section and sub-section of this Agreement are solely for the convenience of reference of the Agency and the Developer and are not a part of this Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by one or the other of the Agency or the Developer, but rather as if both the Agency and the Developer prepared this Agreement. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to this 9 Agreement and incorporated into this Agreement by this reference. If the date on which the Agency or the Developer is required to take any action pursuant to the terms of this Agreement is not a business day of the Agency,the action shall be taken on the next succeeding business day of the Agency. 24. Attorneys' Fees. If either Party hereto files any action or brings any action or proceeding against the other arising out of this Agreement, then the prevailing Party shall be entitled to recover as an element of its costs of suit,and not as damages, its reasonable attorneys' fees as fixed by the court, in such action or proceeding or in a separate action or proceeding brought to recover such attorneys' fees. For the purposes hereof the words `reasonable attorneys' fees' mean and include, in the case of Agency, salaries and expenses of the lawyers employed by Agency(allocated on an hourly basis) who may provide legal services to Agency in connection with the representation of Agency in any such matter. [Signatures on following page] I0 IN WITNESS WHEREOF, the Agency. and the Developer have executed this Exclusive Negotiation Agreement on the dates indicated next to each of the signatures of their authorized representatives,as they appear below. DEVELOPER: RICH DEVELOPMENT LLC Dated: ;,7/ /U By: J..-. .Rich rmcipal AGENCY: THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Dated: By: F.M. Delach Executive Director ATTEST: By: Agency Secretary APPROVED AS TO FORM: BEST BEST&KRIEGER,LLP By: Agency Counsel 11 r EXHIBIT 'A' TO NEGOTIATION AGREEMENT Property Description: Assessor's Parcel Map [To Be Attached Behind This Cover Page] 1 i • -8621 24 P.A. TRA 13542 REVISED: 2008100607002001.27 217100428 S.ARC1*NO OFFICE OF THE ASSESS° 163424 2030 14949 20040225 20000225 COUNTY OF LOS ANOELE SI-WFT 1 2038 2007122710002001.09 20090729 COPYRIGIO IS 2002 • 0 1 \--- . -7 Z ...wwr cc •;'`" I I 1'�. $ Oa • OF cul \ o \G I 1-E Xa OW m¢ PG U PG\k I wurPaGARO 5 PG 3 PG p - 9 s-'I\\\\! I I SP3tincE9 I 5fryE r.roe' 13 12 l• ,„...________)7,r..„:„,... ?r 8 \. 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I a, 1 SS: I • ,..__________ "--- .. § AZUSA 3 ---- --- ! g AVE 3 00 `� 1 - 2.131.13 TOW 110 COR SGC 2 tPER 14 0 5040..1:) 2030 "— 31 CF 242 4 M1,549 - 1 1 - ....r I I I`u,9an�F:i E9 PARCELS THIS PAGE ARF_, SK AS C GD 7O REDEVELC)75- T AfENCY OF [d tt7RY Or a2US4 t1NLE$$ 1'HP:RYnSE NOTCb 86zQ I EXHIBIT'B' TO NEGOTIATION AGREEMENT Project Description [To Be Attached Behind This Cover Page] i . 1 1 EXHIBIT'B' Project Description The Project to be developed contemplates the following major components: I. • Land o Gross Land Area 154,043 square feet o Acres 3.4 acres • Buildings o Drugstore 13,650 square feet o Major 1 10,500 square feet o Restaurant 6,000 square feet o Retail/Shops 4,000 square feet • Parking o No. of Stalls 185 o Ratio 5.4 per 1,000 square feet EXHIBIT `C' TO NEGOTIATION AGREEMENT Timeline [To Be Attached Behind This Cover Page] • f EXHIBIT 'C' Exclusive Negotiating Agreement Timeline MILESTONE DESCRIPTION Within 60 Days of Effective Date of ENA Full Project Submittal Submit site plans and elevations. Submit all relevant applications and fees. i• Initial Pro Forma Submit initial pro forma for the proposed development. Project Development Submit projected construction schedule for the proposed development. Schedule Within 90 Days of Effective Date of ENA Plan Review Staff reviews plans for compliance with applicable codes and regulations; letter prepared by Agency staff summarizing staff comments is sent to developer. Within 120 Days of Effective Date of ENA Revised Site Plans and Submit revised site plans and elevations Elevations Revised Proforma and Submit refined proforma and development schedule based on revised site plans Development Schedule and elevations. • Development/Funding Submit letter identifying investment partners,lenders and proof of ability to obtain Partners and Structure financing. Within 150 Days of Effective Date of ENA Draft DDA Complete negotiations and draft Disposition and Development Agreement. Final Revisions Finalize revisions to development proposal and all relevant materials Within 180 Days of Effective Date of ENA Redevelopment Agency! Present development proposal and DDA to Agency for final review and approval. City Council Hearing 0 vit`r: ..,,, v — '-ittFock7 ' CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY,JULY 19,2010–9:50 P.M. The Board of Directors of the Redevelopment Agency-of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium,213 E.Foothill Blvd.,Azusa CA. Chairman Rocha called the meeting to order. Call to Order Councilmember Keith Hanks joined in the meeting via Teleconference Call from Hanks via the following location: Teleconference Residence 443 East 700 South, St.George,UT 84770- 4016 All votes were taken via a voice vote of the Redevelopment Agency Board Members. Roll Call ROLL CALL PRESENT: DIRECTORS: GONZALES,CARRILLO,MACIAS,ROCHA PRESENT VIA TELECONFERENCE: HANKS ABSENT: DIRECTORS: NONE Also Present ALSO PRESENT: General Counsel Carvalho, Executive Director Delach, Assistant Executive Director Makshanoff, Department Heads,Secretary Mendoza,Deputy Secretary Toscano. THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED JOINTLY AT Cncl/CRA 9:50 TO ADDRESS THE FOLLOWING ITEMS: Convene Jntly REDEVELOPMENT AGENCY ADMINISTRATION/ADVANCE FROM THE CITY. Resolutions will Advance from authorize an advance of$1,559,245 from the City's General Fund to the Redevelopment Agency,and City authorize execution of the Note. Director Gonzales offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING Res. 10-R25 A LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED REDEVELOPMENT Requesting Loan PROJECT AREA. Moved by Director Gonzales,seconded by Director Hanks to waive further reading and adopt.Resolution passed and adopted by the following vote of the Council: AYES: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Mayor Pro-Tem Gonzales offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR Res. 10-C46 PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA. Authorizing Loan Moved by Mayor Pro-Tern Gonzales,seconded by Councilmember Hanks to waive further reading and adopt.Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE Amend PSA REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND HOGLE-IRELAND,INC.FOR AN Hogle-Ireland EXTENSION OF TIME TO COMPLETE THE PREPARATION AND ADOPTION OF THE CITY'S HOUSING ELEMENT UPDATE. Moved by Councilmember/Board Member Hanks,seconded by CouncilmemberBoard Member Macias Approved and unanimously carried to authorize the City Manager to approve an amendment to the Professional Services Agreement with Hogle-Ireland, Inc. to extend their current contract with the City through November 30,2010,for the preparation of the State-mandated update to the City's Housing Element of the General Plan. CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONTINUED AT 10:05 P.M. Cncl Recessed CRA continued AGENCY SCHEDULED ITEMS Agency Sched ' ATLANTIS GARDENS PROJECT —DEVELOPER PRE-QUALIFICATION LIST, DEVELOPER Atlantis Gardens REOUEST FOR PROPOSAL, APPOINTMENT OF AD HOC AFFORDABLE HOUSING Project SUBCOMMITTEE Economic and Community Development Director Christiansen addressed the issue detailing the process K.Christiansen for obtaining the Developer Pre-Qualification List. He responded to question posed regarding the Comments qualification to be listed in a Band and points system. It was consensus of Board Members to moved The Approved Olsen company with TELACU Homes Inc.,Related Companies of California LLC,Homework House and National Community Renaissance(CORE) to Developer Band"A". Moved by Board Member Gonzales, seconded by Board Member Carrillo and unanimously carried to approve the Developer Pre-Qualification List for Affordable Housing Projects,approve the Developer Request for Proposal for the Atlantis Garden Project and Chairman Rocha and Board Member were appointed to an Ad Hoc Affordable Housing Subcommittee. ESTABLISHING A LOCAL HOUSING AUTHORITY Hsg Authority After lengthy presentation and discussion,it was consensus of the Board Members to receive and file the Discussion white paper report on the establishment of a local housing authority. Received and filed The CONSENT CALENDAR consisting of items G-I through G-4 was approved by motion of Director Consent Cal. Carrillo,seconded by Director Macias and unanimously carried. Approved 1. Minutes of the regular meeting of July 6,2010,were approved as written. Min appvd 2. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA MAKING Res. 10-R26 A FINDING THAT THE PLANNING AND ADMINISTRATIVE EXPENSES TO BE FUNDED Plan&Admin FROM THE LOW AND MODERATE INCOME HOUSING FUND ARE NECESSARY FOR THE Expenses PRODUCTION,IMPROVEMENT OR PRESERVATION OF THE COMMUNITY'S SUPPLY OF I-13W—Mod LOW AND MODERATE INCOME HOUSING. Income Hsg 3. LICENSE AGREEMENT WITH THE TARGET CORPORATION FOR USE OF AGENCY- License Agmt OWNED PROPERTY LOCATED AT 628-630 N.SAN GABRIEL AVENUE. Target 4. Resolution authorizing payment of warrants by the Agency was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res.No. 10-R27 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: 10:22 P.M. SECRETARY NEXT RESOLUTION NO. 10-R28. 07/19/10 PAGE TWO OFA US' CITY OF AZUSA MINUTES OF THE CITY COUNCIL/REDEVELOPMENT AGENCY AND THE AZUSA PUBLIC FINANCING AUTHORITY SPECIAL MEETING TUESDAY,JUNE 1,2010—6:30 P.M. The City Council of the City of Azusa met in special session at the above date and time in the 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 Manager Delach, Assistant City Manager Makshanoff, Assistant to the Director of Utilities Kalscheuer, City Treasurer Hamilton, Public Information Officer Quiroz, Director of Economic and Community Development Christianson,Senior Management Analyst Del Toro,Budget Analyst Paragas, Assistant Director Water Operations Anderson,Director of Utilities Morrow,Administrative Services Director—Chief Financial Officer Kreimeier,Finance Controller Michaels-Aguilar,Director of Recreation and Family Services Jacobs,Library Director Johnson,Director of Information Technology Graf,Chief of Police Garcia,Assistant Director of Economic and Community Development McNamara,Director of Public Works Haes,City Clerk Mendoza,Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr.Jorge Rosales addressed Council stating that the preliminary budget was not posted on the web or in J.Rosales the City Library. Comments City Manager Delach responded stating that the preliminary budget is now available and the final will be City Mgr considered at the meeting of June 21St. Response AGENDA ITEM Agenda Item FISCAL YEAR 2010/11 CITY, AZUSA PUBLIC FINANCING AUTHORITY, AND FY 10-11 Budget REDEVELOPMENT AGENCY PRELIMINARY BUDGET REVIEW. Review City Manager Delach addressed the issue stating that the deficit is now$340,780,lower then projected at City Manager the mid-year review and would address this with suggested further reduction later in the meeting. Comments Administrative Services Director—Chief Financial Officer Kreimeier presented the budget stating that CFO Kreimeier they were able to receive a 3.5 reduction in the Maintenance and Operation budget, and detailed Presentation of information on economy-impact on revenues,historic low interest rates,CPI 1.9%April 2009 to 2010, Proposed budget Drought affecting Water Enterprise Revenues,and State Budget Crisis-Take from Cities. He stated that the Capital Improvement Program,Increased Costs for Fire Safety,1/2 year of Revenue from Target and minor staffing changes in the Police Department. He talked about What's Not In the Budget: possible State Budget Takeaways,Transfer to Equipment Replacement Fund for Future Vehicle Replacements, Potential Costs Related to Current Employee Contract Negotiations,General Fund Capital Replacement Outlay,Liability claims costs for Major Pending Cases and Additional Salary Savings and cost cutting Measures. City Manager Delach stated that they are proposing the following Cost Saving Measures: 1)Reduce Tree City Manager Trimming Cycle and defer replacement of public safety retirement employees from between 6 and 12 Cost Saving months and that would cover the$390,000 deficit. Measures Administrative Services Director—Chief Financial Officer Kreimeier continued on with Future Issues: CFO Kreimeier implementation of Rosedale Project,Gold Line Extension and Parking Structures,Proposed Development Continued of New Library, Review of Application for Materials Recovery Facility by Waste Management Inc., Presentation Negotiations with five City Employee Bargaining Units and Increased PERS Rates for FY 2011-12 and beyond due to market losses. City Manager Delach requested that a study session on the Gold Line be scheduled for June 14,2010 and that Council advise him of their availability. Mr.Kreimeier continued with the Budget Overview/Summary, General Fund Balances, explained the charts of General Fund Expenditures by functions,Redevelopment Agency budget and other Issues,i.e.former Enterprise Site, Addressing Low-Mod Housing Issues, Azusa Avenue/Arrow Highway Development Agreement, Downtown Redevelopment,and sale of Downtown Parcel for Parking Structure. Discussion was held regarding an update on the ICSC conference and interest in Block 36,Arrow and Discussion and Azusa,possible supermarket,retailers,hotel operators,Enterprise Car site,and restaurant pad at Citrus Questions Crossings. Staff responded to several questions from Councilmembers/Boardmembers throughout the budget presentation. It was consensus of the Council/Board that City Manager be allowed to use those cost saving measures he proposed in the amount of$390,000,i.e.Police department delays in replacement of employees retiring and tree trimming. Moved by Councilmember Macias. seconded by Councilmember Carrillo and unanimously carried to Adjourn adjourn. TIME ADJOURNMENT:8:06 P.M. CITY CLERK NEXT RESOLUTION NO. 10-C32.(City) 10-R20(Agency) 10-P 1(APFA) 06/01/10 PAGE TWO (or cr r *'`rte; us' CITY OF AZUSA MINUTES OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY SPECIAL MEETING MONDAY,JUNE 14,2010—6:30 P.M. The City Council of the City of Azusa met in special session at the above date and time in the 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 Manager Delach, Assistant City Manager Makshanoff, Director of Economic and Community Development Christianson, Senior Management Analyst Del Toro, Chief of Police Garcia, Assistant Director of Economic and Community Development McNamara, Director of Public Works Haes, Redevelopment Project Manager Benavides,Consultant Urban Futures,City Clerk Mendoza,Deputy City Clerk Toscano. Mr.Tony Glassman led in the salute to the Flag. Flag Salute PUBLIC PARTICIPATION Pub Part Mr. Mike Lee addressed Council stating that he would like to see low and mod housing in Atlantis M.Lee Gardens. He wished Council good luck regarding Vulcan Mining. Comments Mr.Greg Ahern addressed Council expressing his view regarding a proposed parking structure,stating that G.Ahern there may be a charge and it will force people to park in residential neighborhoods. He suggested flat lots Comments and mini buses for transport. Staff responded to questions regarding demolition of buildings in Atlantis Gardens and parking structures. Responses Councilmember Hanks talked about AB 1975 and the urgency of expressing opposition to it. Mayor And direction Rocha directed City Manager Delach to prepare a letter in opposition and he would sign it. AGENDA ITEMS Agenda Item BI WEEKLY STREET SWEEPING POSSIBLE COST SAVINGS Street Sweeping Director of Public Works Haes addressed the issue stating that cost saving for bi weekly street sweeping T.Haes Dir would be the same approximately$120,000,but the funds are non-general funds. He talked about the Of Public Works impossibility of signing the streets but provided suggestions to avoid parking dilemmas in detail. It was Comments consensus of the Councilmembers that this was not feasible at this time,but was glad for the information. CONSIDERATION OF AZUSA CHAMBER OF COMMERCE'S REQUEST FOR FUNDING FOR DisChamber of FISCAL YEAR 2010/11. Commerce Agmt City Manager Delach addressed the item stating he has received a request from the Azusa Chamber of Delach Commerce Executive Director Irene Villapania to consider restoration of funding to a 5%reduction rather Comments than a 20%as indicated in the contract. The request is for$83,700 rather than the$70,560 indicated in the Preliminary Budget document. Lengthy discussion was held between Councilmembers,Executive Director Villapania,and Staff regarding Discussion the issue. Many motions were made,amended,retracted and/or rescinded. Moved by Councilmember Carrillo, seconded by Mayor Rocha and carried to fund the Chamber of Commerce contract at a 10%reduction for fiscal year 2010/11.Councilmember Gonzales dissenting. Fund Contract at 10%Chamber DISCUSSION REGARDING PARKING STRUCTURE Dis Parking Director of Public Works Haes presented City of Azusa parking Structure Options for Alameda Avenue Structure parking Facility—taking into consideration Gold Line parking and Foothill Transit and 6th Street parking T.Haes Facility.He talked about parking Structure Funding and detailed Option#1 and Option#2 for Alameda Presented Avenue Parking Facility. Lengthy discussion was held and suggestions were made to place the parking Discussion was structure horizontal on the south side of the tracks between Dalton and Alameda. Discussion was also had Held regarding a possible closure of Alameda and/or Dalton and about the 6th Street parking at San Gabriel and 6th and its access points. ATLANTIS GARDENS AREA STUDY SESSION Atlantis Gardens Lengthy discussion was held regarding affordable housing,low income,very low income,moderate,the Study Sess process, integrated versus infill, owner occupied, housing authority, and outsource management. Discussion was Representatives of Urban Futures Bill Kelly and Dave Ruco provided input regarding individual owners, Held ownership versus rental,and density. Councilmember/Director Macias requested that staff bring back the pros/cons of a housing authority. It was consensus that staff proceed with the RFP process. It was consensus of Councilmembers to recess at 8:51 p.m.and reconvened at 9:00 p.m. Recess/reconvene CLOSED SESSION Closed Session It was consensus of Council to recess to Closed Session at 9:00 p.m.to discuss the following: Recess CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION(Gov.Code Sec.M956.9 (a)).Farris v.City of Azusa-Los Angeles Superior Court,Case Number KC 056193 Existing Litigation Farris v.City The City Council reconvened at 9:29 p.m.;there was no reportable action. Reconvened It was consensus of Council to adjourn. No Reports Adjourn TIME ADJOURNMENT:9:30 P.M. CITY CLERK NEXT RESOLUTION NO. 10-C34.(City) NEXT RESOLUTION NO. 10-R21(Agency) 06/14/10 PAGE TWO ti't�F��G — � � cr immilimennimmommoummumi U • cgUFoar�� CITY OF AZUSA MINUTES OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY SPECIAL MEETING MONDAY,JULY 26,2010–7:50 P.M. The City Council of the City of Azusa met in special session at the above date and time in the 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,HANKS,ROCHA ABSENT: COUNCILMEMBERS: MACIAS ALSO PRESENT: Also Present City Attorney Ferre,City Manager Delach,Assistant City Manager Makshanoff,Administrative Services Director–Chief Financial Officer Kreimeier, Economic and Community Development Christianson, Captain Momot Assistant Director of Economic and Community Development McNamara,Director of Utilities Morrow,Attorney Roberts of BB&K,City Clerk Mendoza,Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr.Bruce Knoles addressed Council posing a question as to Vulcan's position is on the Referendum. B.Knoles Comments City Attorney Ferre responded reminding all that this is not an item on the agenda and the question is City Attorney regarding a third party;the item would have had to be agendized if there was to be discussion. Mr.Knoles Response was advised to speak to Vulcan representatives. REPORTS,UPDATES,AND ANNOUNCEMENTS FROM STAFF/COUNCIL Agenda Item City Manager Delach presented a request to use the newly created temporary parking lot at Block 36,for a Request for BMX City sanction/hosting a bicycle safety-BMX show on October 16,2010. Mayor Rocha provided details and Show at Block 36 stated that it would promote the Helmet/Bicycle Safety Program; the cost to the City would be Approved approximately$500.City Manager Delach noted that an insurance binder would be required by BMX. Moved by Councilmember Carrillo,seconded by Mayor Pro-Tem Gonzales to approve sanction/hosting a bicycle safety-BMX show at Block 36 on October 16,2010 at a cost of$500. City Manager Delach addressed the concerns noted regarding the last Animal Licensing Clinic i.e.heat, City Mgr long lines,etc.He announced that the next Animal Licensing clinic will be held on August 8th in the Comments evening hours of 5:30–7:00 p.m.and water will be supplied,if needed. CITY AGENDA ITEM City Agenda Item APPROVE THE POLICE DEPARTMENT'S PURCHASE OF ONE USED UNMARKED VEHICLE Purchase FROM CARMAX FOR THE CHIEF OF POLICE unmarked Vehicle PD Moved by Councilmember Hanks,seconded by Mayor Pro-Tern Gonzales and unanimously*carried to Approved to approve the Police Department's purchase of one used,unmarked sedan for the Chief of Police,in the Purchase from amount of$19,082.80(inclusive of tax,title and license fees)from CarMax in the City of Irvine. CarMax JOINT CITY/REDEVELOPMENT AGENCY ITEM Joint City/Agency The City Council convened jointly with the Redevelopment Agency Board Members at 8:04 p.m.to City/Agency Convened 8:04 discuss the following: APPROVE THE CONTRACT FOR FISCAL YEAR 2010/11 WITH THE AZUSA CHAMBER OF Chamber Contract COMMERCE. 2010/11 City Manager/Executive Director Delach addressed the item stating that due to the need for a full Advance Council/Agency Board to review the proposed Chamber of Commerce contract, he requested an expenditure expenditure until ratification. After discussion,it was moved by CouncilmemberBoard Member Hanks, Chamber seconded by Councilmember/Board Member Carrillo and unanimously carried to advance the amount of Contract $20,000 for the next three months towards contract with the Azusa Chamber of Commerce,until the formal contract is ratified. Closed Session CLOSED SESSION ITEM City Attorney City Attorney Dan Roberts of BB&K noted correction td the case number for the AJDM vs.City and City Comment vs.AJDM as BC396366. Recess It was consensus of Councilmembers/Redevelopment Board Members to recess to Closed Session at 8:09 p.m.to discuss the following: Conf w/legal CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION(Gov.Code Sec.54956.9 Cnsl D-club (a)). AJDM Corporation vs.City of Azusa,et al.,Los Angeles Superior Court Case No.BC 396366. Reconvened The City Council/Redevelopment Agency reconvened at 9:06 p.m.;there was no reportable action. No Reports Adjourn It was consensus of Councilmembers/Redevelopment Board Members to adjourn. TIME ADJOURNMENT: 9:07 P.M. CITY CLERK NEXT RESOLUTION NO. 10-051.(City) NEXT RESOLUTION NO. 10-R28(Agency) *Indicates Macias absent. 07/26/10 PAGE TWO (21/ * 1128/ _"�(IPOR��� AGENCY CONSENT ITEM TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: MARCENE HAMILTON, REDEVELOPMENT4GENCY T ASURER DATE: September 7, 2010 SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURER'S STATEMENT OF CASH BALANCES FOR THE MONTH OF JUNE 2010 RECOMMENDATION It is recommended that the Agency Members receive and file the Agency Treasurer's Statement of Cash Balances for the Redevelopment Agency of the City of Azusa for the month of June 2010. BACKGROUND Transmitted herewith is the Agency Treasurer's Statement of Cash Balances for the Redevelopment Agency of the City of Azusa("Agency")for the month of April 2010. Agency investments are made in accordance with the Redevelopment Agency Investment Policy approved and adopted with Resolution No. 09-R53 dated October 5, 2009, and Government Code Section 53601. Investment activity is summarized in the"Treasury Book Balances-Cash and Investments" schedule, attached herewith and an integral part of this report. Agency cash and investment balances decreased by$48,572.79. Cash received totaled$101,220.48, and disbursements of$149,792.70 were made. The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and investments of$7,731,708.25,Wells Fargo Bank,the fiscal agent,held$4,124,224.15 on behalf of the Agency. These funds are restricted for payment of debt service on the bonds and special bond- funded projects. The remaining $3,607,484.10 was available for Agency operating, debt service, restricted expenses, and outstanding liabilities. FISCAL IMPACT The balance of cash and investments and projected revenues for the next six months is expected to be sufficient to meet cash disbursement requirements for at least the next six months. MH:EG 911 FOQ�`� OffilVr this us AGENCY CONSENT ITEM TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: MARCENE HAMILTON, REDEVELOPMENT AGENCY T1 EASURER.'/ DATE: September 7, 2010 (/ SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURER'S STATEMENT OF CASH BALANCES FOR THE MONTH OF JULY 2010 RECOMMENDATION It is recommended that the Agency Members receive and file the Agency Treasurer's Statement of Cash Balances for the Redevelopment Agency of the City of Azusa for the month of July 2010. BACKGROUND Transmitted herewith is the Agency Treasurer's Statement of Cash Balances for the Redevelopment Agency of the City of Azusa("Agency")for the month of April 2010. Agency investments are made in accordance with the Redevelopment Agency Investment Policy approved and adopted with Resolution No. 09-R53 dated October 5,2009, and Government Code Section 53601. Investment activity is summarized in the"Treasury Book Balances-Cash and Investments" schedule, attached herewith and an integral part of this report. Agency cash and investment balances increased by $459,632.65. Cash received totaled $3,203,448.81, and disbursements of$62,832.90 were made. The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and investments of$10,872,324.16,Wells Fargo Bank,the fiscal agent,held$6,805,207.41 on behalf of the Agency. These funds are restricted for payment of debt service on the bonds and special bond- funded projects. The remaining $4,067,116.75 was available for Agency operating, debt service, restricted expenses, and outstanding liabilities. FISCAL IMPACT The balance of cash and investments and projected revenues for the next six months is expected to be sufficient to meet cash disbursement requirements for at least the next six months. MH:EG - WARRANT REGISTER NO.24 FISCAL YEAR 2009-10 FISCAL YEAR 2010-11 WARRANTS DATED 07/01/10 THROUGH 07/31/10 FOR REDEVELOPMENT AGENCY MEETING OF 09-07-10 (17°Pt 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 $27,940.84 80-125-CBD CAPITAL PROJECTS FUND 58,722.27 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 15,849.56 81-165-LM MRG TABO8B HS 82-125-CBD DEBT SERVICE FUND 47.93 82-135-WED DEBT SERVICE FUND 82-165-MERGED PROJECT TAX ALLOCATION BONDS 2,630 262.41 82-185-RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $ 2,732,823.01 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 2010. Chairman I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting thee of, held on the day of 2010. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary City of Azusa HP 9000 08/31/10 OPEN H 0 LD DB LISTING By Person/Entity Narr Paae 1 TUE, AUG 31, 2010, 4:14 FM ---req: RUBY leg: GL JL---loc: BI-TFS3T---jab: 767071 #J11325--p u: CH400 <1.34> rpt id: CIFLTR02 SELECT FUND Codes: 80-82 ; Check Issue Dates: 070110-073110 PE ID PE Narre ACO .NT NUMBER / JOB NUABER Invoice Nix±er Eescription St Disc. Ant. Dist. Ant. V05613 AT & T 8010110000-6915 6263345464062410 626-3345464/0517 IO 0.00 8.86 PEE.) Utaid: 0.00 Paid: 8.86 Total: 8.86 V11440 ADVANTAGE GROUP, 8000000000-2724 62703 FLEX REIlvB ALMIIT PD 0.00 2.45 111.) d: 0.00 Paid: 2.45 'Total: 2.45 V00270 P2EENS SERVICES 8010125000-6815/505800-6815 364722000063010 SVC/624N SAN CMB PD 0.00 175.33 PEIDd: 0.00 Paid: 175.33 'Total: 175.33 V00363 AZ[JJSA CHIMER OF 8010110000-6630 2995 FY 09/10 AZUSA C Fll 0.00 3,000.00 1-E1U d: 0.00 Paid: 3,000.00 Total : 3,000.00 V01305 AZUSA CITY EMPIO 8000000000-3035 2610/1001015 PY=15/10 PD 0.00 285.00 V01305 A7LEP CITY IIvIPLO 8.000000000-3035 2610/1001014 PY=14/10 PD 0.00 285.00 PEID d: 0.00 Paid: 570.00 Total: 570.00 V05804 BEST BEST & ERIE 8110155000-6345/505320-6345 630415 1Y1QR3ED DIST.;#63 PD 0.00 175.50 V05804 BEST BEST & KRIE 8010125000-6301/505800-6301 630415 M DIST.;#63 PD 0.00 1,248.00 V05804 BEST BEST & KRIE 8010110000-6301 630415 MERGED DIST. •#53 PD 0.00 781.84 V05804 BEST BEST & ERIE 8010125000-6301/505800-6301 630416 0' ##636416 PD 0.00 195.00 V05804 BEST BEST & ERIE 8010125000-6301/505900-6301 630418 ROY FOWL R;#6304 PD 0.00 13,857.68 V05804 PEST BEST & ERIE 8010125000-6301/505825-6301 630417 #630417/TARGET S PD 0.00 189.00 V05804 BEST BEST & ERIE 8110155000-6345 626607 LOW MID HOUSING. PD 0.00 336.00 V05804 BEST BEST & ERIE 8010125000-6301 626611 V.ROY/FC7WLER•#6� M) 0.00 3,352.61 V05804 BEST BEST & ERIE 8010125000-6301 626609 TATTY BLDG; 26 PD 0.00 504.85 V05804 BEST BEST & ERIE 8010125000-6301 626605 ]YLL EY BUM; PD 0.00 6,384.00 V05804 BEST BEST & ERIE 8010125000-6301 626610 CBS CUIEOOR; 26 Lill 0.00 1,104.07 City of Azusa HP 9000 08/31/10 OPEN HOLD DB LISTING By PEntity Narre Page 2 IUE; AUG 31, 2010, 4:14 FM ---req: RUBY leg: GL JL---loc: BI-TECH---jab: 767071 #J11325--p«: 00 <1.34> rpt id: CHFUTRO2 SELECT FUND Ccx es: 80-82 ; Check Issue Dates: 070110-073110 1 PE ID P Narre ACS arum / JOB NCNBER Invoice Nutter Description St Disc. Ad—. Dist. krt. 1 V05804 BEST BEST & KRIE 8010125000-6301/504700-6301 626608 MERGED BES.REDEV PD 0.00 1,734.00 i V05804 BEST BEST & KRIE 8010125000-6301/505800-6301 626608 MERGED BES.REDEV PD 0.00 4,290.00 V05804 BEST BEST & KRIE 8010110000-6301 626608 MED BES.REDEV PD 0.00 2,958.29 PEE) d: 0.00 Paid: 37,110.84 ' Total: 37,110.84 V10762 BLAKE & ASSOC. I 8110155000-6325/505320-6325 1021804 645E LIME ST/APP PD 0.00 1,500.00 PH;i l) d: 0.00 Paid: 1,500.00 Total: 1,500.00 V06783 CITISIREET 8000000000-301 V06783 CCITISIREET 8000000000-3010 2315/1001015 PY=151001014 /10 PD 10 PD 0.00 25.08 PEID d: 0.00 Paid: 250.03 'Total: 250.03 V06892 CUSICVI SIGNS INC 8010110000-6601/505700-6601 7236 FABRICkTE CNE 8X PD 0.00 1,908.22 PE1U Uiiaid: 0.00 Paid: 1,908.22 'Total: 1,908.22 V11556 DE.,T7- ISL 8000000000-3052 071910 PFD PREM JULY201 PD 0.00 360.22 PEIDd: 0.00 aid: 360.22 Total: 360.22 V11555 DEL,TACARE USA 8000000000-3052 3618789 HMO PREM JULY201 PD 0.00 45.21 PFJ_L) L id: 0.00 PPaaiid: 45.21 Total: 45.21 00331 FEDERAL EXPRESS 8010125000-6625/505800-6625 715063063 117052788/T.LEN>.T PD 0.00 21.13 00331 FE AL EXPRESS 8010125000-6625/505320-6625 715838092 117052788/R.BOYL PD 0.00 20.84 City of Azusa HP 9000 08/31/10 OPEN H O LD DB LISTIN G By �xson/Entity Narre Page 3 TUE AUG 31, 2010, 4:14 FM ---req: RUBY leg: CL 3L---loc: BI-TE`H---job: 767071 #J11325--pgrrr: CH400 <1.34> rpt id: CHFL R02 SELECT FUD Codes: 80-82 ; Check Issue Dates: 070110-073110 PE IH PE Name ACEaNr NUMBER / JU NLMBER Invoice Number Descriptio St Disc. Aut. Dist. Ant. __-- P�Lh�--d: 0.00 Maid: 41.97 Total: 41.97 V04764 FEMNANDEZ, ID= 8010110000-6521 062910 Ntsserrjer Servic PD 0.00 6.49 PEED Ur id: 0.00 PPaaiid: 6.49 Total: 6.49 V93874 ICMA RE,TTRFMWT 8010110000-6175 6896 ANS PLAN FEE/40 PD 0.00 125.00 PEIIr d: 0.00 Paid: 125.00 Total: 125.00 V05574 IRON Iv N]IAIN RE 8010110000-6493 CCS6851CCS6859 (1S6851-(136859 PD 0.00 134.14 PEm Unp id: 0.00 PPaaiid: 134.14 Total: 134.14 V12570 TJTITR & LIME, 8010110000-6301/505800-6301 062410 CER IF/LOL co PD 0.00 250.00 V12570 LlIDDT E & LIDDT R, 8010110000-6301/505800-6301 062310 OBRnETF/LOC L Cb PD 0.00 250.00 PEID Uld: 0.00 Paid: 500.00 Total: 500.00 V03126 LINTCOLN NATIONAL 8000000000-3010 2325/1001014 PY#14/10 PD 0.00 50.00 V03126 LINCOLN NATIONAL 8000000000-3010 2325/1001015 PY#15/10 PD 0.00 50.00 PEID fid: 0.00 Paid: 100.00 Total: 100.00 V10322 M & T BANK 8000000000-3010 0710 401A CCNIRIBUI'IO PD 0.00 673.00 V10322 M & T BANK 8000000000-3010 071910 ICIAA 457 DEFERRE PD 0.00 369.17 V10322 M & T BANK 8000000000-3010 06302010 ICMA 457 LEFERRA PD 0.00 489.77 PEID U d: 0.00 Paiid: 1,531.94 City of Azusa HP 9000 08/31/10 OPEN HOLD DB LISTING By Perscn/Entity Narre Paste 4 RE, ALS 31, 2010, 4:14 B`1 ---req: RUBY leg: GL JL---lcc: BI-TECH---job: 767071 #011325--pgm: Ci400 <1.34> rpt id: OHFLTRO2 SELEET FUND Cbdes: 80-82 ; Check Issue Rtes: 070110-073110 PE ID PE Nacre A UNBER / JOB NUMBER Invoice Number Description St Disc. Pail_ Dist. Aird . Total: 1,531.94 V00540 OFF'10E DEPOT INC 8010110000-6530 522739196001 463810 ENRZD PRE PD 0.00 29.65 V00540 OFFICE DEPOT INC 8010110000-6530 522739196001 463752 SMEAD LES PD 0.00 50.51 PEID d: 0.00 Paid: 80.16 Total : 80.16 V03157 SCS ENGINEERS 8010125000-6493/504700-6493 0149966R SI PD 0.00 14,150.00 Phil) d: 0.00 Paid: 14,150.00 Total: 14,150.00 V01052 SCUIHEFN CALIFUR 8010110000-6230 10107 A &.' as DUES PD 0.00 3,948.00 PEIDd: 0.00 Paid: 3,948.00 Total: 3,948.00 V02371 SPRINT 8010110000-6915 864888819031 864888819031/MD Pll 0.00 10.00 PEill thrid: 0.00 Paid: 10.00 Total: 10.00 V00877 STATE BOARD OF E 8010110000-6601 14983 s i cost PD 0.00 0.20 V00877 SLATE BOARD OF E 8010110000-6601 14983 L� E AND SH PD 0.00 0.55 PEIDd: 0.00 id: 0.75 Total : 0.75 V06107 U.S. BANK CSP P 8010110000-6530 062410 BEST BUY (DORY) PD 0.00 94.86 V06107 U.S. BANK CORP P 8010110000-6230 062410 ICSC (ECCN) PD 0.00 50.00 V06107 U.S. BANK aFP P 8010110000-6230 062410 ICSC CINF-K.CHRI PD 0.00 138.92 PEWd: 0.00 Pd: 283.78 Total: 283.78 City of Azusa HP 9000 08/31/10 OPEN HOLD DB LISTING Pam 'IUB, NE 31, 2010, 4:14 ASI ---req: RUBY leg: GL JL---loc: BI-IFrH---jab: 767071 #J11325-pgnP :�4 0t<1.34 rpt id: C 1EL'IR02 SELFET FLU Codes: 80-82 ; Check Issue E tes: 070110-073110 PE ID =_--- Pb Narre -� AST N[ / JCS NUMBER Invoice Nurbrs Eesc -ipLicn St Disc. Pat. Dist. Ant. V11824 URBAN FUTURES IN 8010125000-6345 0510010 NENT iLY RETAINER PD 0.00 549.23 VI1824 URBAN FUILRES IN 8010125000-6345 0510010 MCTIHLY RETAINER PD 0.00 353.08 V11824 URBAN FUTURES IN 8010125000-6345 0510010 M NTHLY RETAINER PD 0.00 196.15 V11824 URBAN FUIURES IN 8110155000-6345 0510010 NENTHLY RETAINBR PD 0.00 627.69 V11824 URBAN FUTURES IN 8110155000-6345 0510010 NINTHLY RETAINER PD 0.00 4,315.37 V11824 URBAN FUTURES IN 8010110000-6345 0510010 NENIHLY RETAINER PD 0.00 3,256.18 V11824 URBAN FUIUIRES IN 8010125000-6345 0510010 NINTHLY RETAINER PD 0.00 902.30 V11824 URBAN FUTURES IN 8010125000-6345 0510010 Pn f.Fte; 0510-0 PD 0.00 3,600.00 V11824 URBAN FUTURES IN 8010125000-6345 0510010 Prof.Ftc; 0510-0 YD 0.00 3,600.00 V11824 URBAN FUTURES IN 8010125000-6345 0510010 Prof.Fte; 0510-0 PD 0.00 1,125.00 V11824 URBAN FUIURES IN 8010125000-6345 0510010 Prof.Fte; 0510-0 PD 0.00 1,170.00 V11824 URBAN FUTURES IN 8110155000-6345 0510010 Prof.Fte; 0510-0 PD 0.00 8,895.00 V11824 URBAN FUTURES IN 8010110000-6345 0510010 Prof.Fte; 510-0 PD 0.00 7,875.00 PEID d: 0.00 Paid: 36,465.00 Total: 36,465.00 V00388 VERIZLN 8010110000-6915 6261975078062810 626-1975078 PD 0.00 20.06 PEID Urid: 0.00 Paid: 20.06 Total : 20.06• V04678 VERIZQT WIRELESS 8010110000-6915 0882320217 0882320217/JINE2 YD 0.00 85.06 V04678 VERIZLN WIRELESS 8010110000-6915 0873348509 0873348509/BLAC K PD 0.00 90.37 PE1D U d: 0.00 Paid: 175.43 Total: 175.43 V00876 V IcN MTIUk 8000000000-3010 2335/1001014 PY=14/10 PD 0.00 4.22 V00876 4 ICN: MJILIA. 8000000000-3010 2335/1001015 PY=15/10 PD 0.00 4.57 PED Ur id: 0.00 Paid: 8.79 Total: 8.79 V02752 WELLS FARO BANK 8210165620-0074 072010 2007A TAB ES-CJ PD 0.00 837,937.38 V02752 WELLS FARO BANK 8210165622-0074 072010 2007B TAB DS-LAM PD 0.00 202,655.86 V02752 WELLS FARO BANK 8210165626-0074 072010 2008B TAB ES-1.111 PD 0.00 461,456.41 V02752 WELLS FARO BANK 8210165624-0074 072010 2008A TAB 1 -(1I PD 0.00 312,913.44 City of Azusa HP 9000 08/31/10 OPEN HOLD DB LISTING By Pe-rem/Entity Narre Page 6 . ILL,, AUS 31, 2010, 4:14 RSI ---reg: RUBY leg: GL JL---loe: BI-TECH---job: 767071 #011325--parr: CH400 <1.34> rpt id: OHFL'IR02 SEM FUND (odes: 80-82 ; Check Issue Dotes: 070110-073110 YE ID YE Narre ACCT UMBER / JOB NUVPER Invoice Number Description St Disc. Ani. Dist. Amt. V02752 WELLS FARDO BANK 8210125000-7001 072010 2003 APFA INT 08 PD 0.00 68,896.88 V02752 WELLS FARM BANK 8210125000-7005 072010 2003 APFA PRIN08 PD 0.00 225,000.00 V02752 WELLS FARJD HANK 8210125000-2803 072010 2003 APFA INT 08 PD 0.00 -293,848.95 V02752 WELLS FARGO HANK 8210165616-0060 072010 2003 TAB-L/rUJ/C PD 0.00 640,587.01 V02752 WELLS FAR20 BANK 8210165618-0060 072010 2005 TAB Ds-cm/ R) 0.00 174,712.31 PEI I) d: 0.00 Padd: 2630,310.34 Total: 2630,310.34 GRAND TOTAL d: 0.00 Paid: 2732,823.01 Total: 2732,823.01 "ga xagra tMar4 Ateli,', ,4it . .l iii it a ,'t,'r Aia F"7(1Fp 41' USffe CITY OF AZUSA MINUTES OF THE CITY COUNCIL/REDEVELOPMENT AGENCY AND THE AZUSA PUBLIC FINANCING AUTHORITY SPECIAL MEETING TUESDAY,JUNE 1,2010—6:30 P.M. The City Council of the City of Azusa met in special session at the above date and time in the 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 Manager Delach, Assistant City Manager Makshanoff, Assistant to the Director of Utilities Kalscheuer, City Treasurer Hamilton, Public Information Officer Quiroz, Director of Economic and Community Development Christianson,Senior Management Analyst Del Toro,Budget Analyst Paragas, Assistant Director Water Operations Anderson,Director of Utilities Morrow,Administrative Services Director—Chief Financial Officer Kreimeier,Finance Controller Michaels-Aguilar,Director of Recreation and Family Services Jacobs,Library Director Johnson,Director of Information Technology Graf,Chief of Police Garcia, Assistant Director of Economic and Community Development McNamara,Director of Public Works Haes,City Clerk Mendoza,Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr.Jorge Rosales addressed Council stating that the preliminary budget was not posted on the web or in J.Rosales the City Library. Comments City Manager Delach responded stating that the preliminary budget is now available and the final will be City Mgr considered at the meeting of June 2151. Response AGENDA ITEM Agenda Item FISCAL YEAR 2010/11 CITY, AZUSA PUBLIC FINANCING AUTHORITY, AND FY 10-11 Budget REDEVELOPMENT AGENCY PRELIMINARY BUDGET REVIEW. Review City Manager Delach addressed the issue stating that the deficit is now$340,780,lower then projected at City Manager the mid-year review and would address this with suggested further reduction later in the meeting. Comments Administrative Services Director—Chief Financial Officer Kreimeier presented the budget stating that CFO Kreimeier they were able to receive a 3.5 reduction in the Maintenance and Operation budget, and detailed Presentation of information on economy-impact on revenues,historic low interest rates,CPI 1.9%April 2009 to 2010, Proposed budget Drought affecting Water Enterprise Revenues,and State Budget Crisis-Take from Cities. He stated that the Capital Improvement Program,Increased Costs for Fire Safety,V2 year of Revenue from Target and minor staffing changes in the Police Department. He talked about What's Not In the Budget: possible State Budget Takeaways,Transfer to Equipment Replacement Fund for Future Vehicle Replacements, Potential Costs Related to Current Employee Contract Negotiations,General Fund Capital Replacement Outlay,Liability claims costs for Major Pending Cases and Additional Salary Savings and cost cutting Measures. City Manager Delach stated that they are proposing the following Cost Saving Measures: 1)Reduce Tree City Manager Trimming Cycle and defer replacement of public safety retirement employees from between 6 and 12 Cost Saving months and that would cover the$390,000 deficit. Measures Administrative Services Director—Chief Financial Officer Kreimeier continued on with Future Issues: CFO Kreimeier implementation of Rosedale Project,Gold Line Extension and Parking Structures,Proposed Development Continued of New Library, Review of Application for Materials Recovery Facility by Waste Management Inc., Presentation Negotiations with five City Employee Bargaining Units and Increased PERS Rates for FY 2011-12 and beyond due to market losses. City Manager Delach requested that a study session on the Gold Line be scheduled for June 14,2010 and that Council advise him of their availability. Mr.Kreimeier continued with the Budget Overview/Summary, General Fund Balances, explained the charts of General Fund Expenditures by functions,Redevelopment Agency budget and other Issues,i.e.former Enterprise Site, Addressing Low-Mod Housing Issues, Azusa Avenue/Arrow Highway Development Agreement, Downtown Redevelopment,and sale of Downtown Parcel for Parking Structure. Discussion was held regarding an update on the ICSC conference and interest in Block 36,Arrow and Discussion and Azusa,possible supermarket,retailers,hotel operators,Enterprise Car site,and restaurant pad at Citrus Questions Crossings. Staff responded to several questions from CouncilmembersBoardmembers throughout the budget presentation. It was consensus of the Council/Board that City Manager be allowed to use those cost saving measures he proposed in the amount of$390,000,i.e.Police department delays in replacement of employees retiring and tree trimming. Moved by Councilmember Macias,seconded by Councilmember Carrillo and unanimously carried to Adjourn adjourn. TIME ADJOURNMENT:8:06 P.M. CITY CLERK NEXT RESOLUTION NO. 10-C32.(City) 10-R20(Agency) 10-P 1 (APFA) 06/01/10 PAGE TWO F O q2 • U * * us` CITY OF AZUSA MINUTES OF THE AZUSA PUBLIC FINANCING AUTHORITY MONDAY,MAY 3,2010—10:02 P.M. The Board Members of the Azusa Public Financing Authority of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium located at 213 East Foothill Boulevard,Azusa. Chairman Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: BOARDMEMBERS: GONZALES,CARRILLO,ROCHA ABSENT: BOARDMEMBERS: MACIAS,HANKS ALSO PRESENT: Also Present General Counsel Carvalho,Executive Director Detach,Assistant Executive Director Makshanoff,City Department Heads,Secretary Mendoza,Deputy Secretary Toscano. The CONSENT CALENDAR consisting of item H-1 and H-2 was approved by motion of Board Member Consent Cal Gonzales,seconded by Board Member Carrillo and unanimously*carried. approved 1. Minutes of the regular meeting of February 1,2010,were approved as written. Min appvd 2. The Authority Treasurer's report as of March 31,2010 was received and filed. Treas Rpt It was consensus of the Board Members to adjourn. Adjourn TIME ADJOURNMENT: 10:03 P.M. SECRETARY NEXT RESOLUTION NO.10-PI. *Indicates Macias and Hanks absent. a. -, u T „ „.,,,,,, „, , 0„....1/4,- ,,,,„,,,, ................_+j:4 CITY OF AZUSA MINUTES OF THE AZUSA PUBLIC FINANCING AUTHORITY ' MONDAY,JUNE 21,2010—9:19 P.M. The Board Members of the Azusa Public Financing Authority of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium located at 213 East Foothill Boulevard,Azusa. Chairman Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: BOARDMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA ABSENT: BOARDMEMBERS: NONE ALSO PRESENT: Also Present General Counsel Carvalho,Executive Director Delach,Assistant Executive Director Makshanoff,City Department Heads,Secretary Mendoza,Deputy Secretary Toscano. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AND Convene jntly THE AZUSA PUBLIC FINANCING AUTHORITY AT 9:19 P.M. TO CONSIDER THE Cncl,CRA,APFA FOLLOWING: Budgets FISCAL YEAR 2010/11 CITY, AZUSA PUBLIC FINANCING AUTHORITY. AND APFA Budget REDEVELOPMENT AGENCY BUDGET ADOPTION. Administrative Services Chief Financial Officer Kreimeier presented the budget which included all three A.Kreimeier entities, i.e. City, Redevelopment Agency and Azusa Public Financing Authority and responded to CFO presented questions posed by Councilmembers. He noted that the budget was balanced by delaying filling positions Budgets in certain departments and City Manager responded to questions regarding Moved by Councilmember Carrillo,seconded by Councilmember Hanks and unanimously to adopt: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,ADOPTING THE BUDGET Res.No. 10-C34 AND APPROVING APPROPRIATIONS FOR THE CITY OF AZUSA FOR THE FISCAL YEAR City Budget COMMENCING JULY 1,2010 AND ENDING JUNE 30,2011.Resolution No. 10-C34. Moved by Director Gonzales,seconded by Director Carrillo and unanimously to adopt: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Res.No. 10-R21 THE CITY OF AZUSA ADOPTING THE OPERATING BUDGET AND APPROVING Redevelopment APPROPRIATIONS FOR THE REDEVELOPMENT AGENCY FOR THE FISCAL YEAR Budget COMMENCING JULY 1,2010 AND ENDING JUNE 30,2011.Resolution No. 10-R21. Moved by Board Member Carrillo,seconded by Councilmember Hanks and unanimously to adopt: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC FINANCING Res.No. 10-P1 AUTHORITY ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE Azusa Public AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1,2010 AND ENDING JUNE 30, Financing 2011.Resolution No. 10-P1. Authority Budget THE REDEVELOPMENT AGENCY RECESSED, THE AZUSA PUBLIC FINANCING CRA Recess AUTHORITY TO ADJOURNED,AND CITY COUNCIL CONTINUED. APFA Adjn TIME ADJOURNMENT:9:27 P.M. SECRETARY NEXT RESOLUTION NO.10-P2. rer-0-770 _ i 4111,,,_*> T 01/4:0? �trFO,,,,,,,.. u$ AZUSA PUBLIC FINANCING AUTHORITY CONSENT ITEM TO: THE HONORABLE CHAIRPERSON AND MEMBERS OF THE BOARD FROM: MARCENE HAMILTON,AZUSA PUBLIC FINANCING AUTHORITY TREAS R -. DATE: SEPTEMBER 7, 2010 SUBJECT: AZUSA PUBLIC FINANCING AUTHORITY TREASURER'S STATEMENT OF CASH BALANCES FOR THE QUARTER ENDED JUNE 30, 2010 RECOMMENDATION It is recommended that the Board Members receive and file the Azusa Public Financing Authority Treasurer's Statement of Cash Balances for the quarter ended June 30, 2010 BACKGROUND Transmitted herewith is the Treasurer's Report for the Azusa Public Financing Authority for quarter ending March 31, 2010. Authority investments are made in accordance with the Authority Investment Policy adopted and approved with Resolution No. 09-P2 dated October 5,2009,and Government Code Section 53600 et. seq. The Azusa Public Financing Authority is the issuer of three bond issues-the 1994 Sewer System Project Refinancing Certificates of Participation,the 2003 Capital Improvement Project Refinancing Certificates of Participation,and the 2006 Water System CIP Parity Revenue Bonds. The funds for these issues are restricted for payment of eligible capital improvement expenses and debt service on the bonds, and are held and invested by fiscal agents who are trustees for the bonds. For quarter ending June 30, 2010, fiscal agents held total investments of$6,664,957.85. Total cash received for the quarter was $725,484.29, and disbursements of$0.0, were made, resulting in a total overall net increase of$725,484.29. Disbursements were primarily for Water System Project costs,and cash receipts were primarily interest income and debt service payment funds from the City. FISCAL IMPACT The balance of cash and investments and projected revenues for the next six months are expected to be sufficient to meet cash disbursement requirements for at least the next six months. MH:EG