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Home My WebLink AboutAgenda Packet - November 16, 2009 - CC °F. 115 AGENDA REGULAR MEETING OF THE CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM MONDAY, NOVEMBER 16, 2009 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 MAYOR PRO-TEM COUNCILMEMBER NOTICE TO THE PUBLIC Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are on 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. 6:30 P.M. CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATOR(Gov. Code Sec. 54957.6) Agency Negotiators: City Manager Delach and Administrative Services Director-CFO Kreimeier Organizations: IBEW 2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION(Gov.Code Section 54956.9(a)). Case Name: Betty Stone Johnson v. City of Azusa, et al. Case Number: Los Angeles County Superior Court Case No. KC054131 11/16/09 - 1 - 3. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION(Gov.Code Section 54956.9(a)). Case Name: J. De Sigio Construction, Inc. v. City of Azusa, Case No. Los Angeles County Superior Court KC056193. 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— Steven Munoz 3. Invocation—Pastor Eddie Velasquez of Jesus Is Lord Church A. PUBLIC PARTICIPATION (Person/Group shall be allowed to speak without interruption up to five(5)minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes time.) B. REPORTS, UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL 1. Councilmember Carrillo—Request for a $100 donation to the art department at Sierra High School. 2. Discussion regarding appointments to the Cultural and Historic Preservation Commission and/or setting a date for interview of applicants. C. SCHEDULED ITEMS 1. PUBLIC HEARING-PROPOSED CHANGE TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 35TH YEAR PROGRAM (FY 2009/10) — STREET SAFETY/ADA IMPROVEMENTS AND NORTHSIDE PARK ADA CONCRETE REPLACEMENT RECOMMENDED ACTION Open the Public Hearing; receive testimony, close the Hearing. Approve cancellation of CDBG Project Number 601067-08 Street Safety/ADA Improvements in the amount of $66,000, and reprogramming $35,000 into the Northside Park ADA Concrete Replacement project; and waive further reading and adopt Resolution No. 09-C97, entitled "Resolution of the City Council of the City of Azusa Adopting Proposed Changes to the Statement of Community Development Objectives and Projected Use of Funds for the Community Development Block Grant Program for Fiscal Year 2009-10". 11/16/09 - 2 - 2. ADOPTION OF AN ORDINANCE AMENDING THE AZUSA MUNICIPAL CODE RELATING TO RECOVERY OF ATTORNEYS' FEES IN CONNECTION WITH CODE ENFORCEMENT ACTIVITIES. RECOMMENDED ACTION: Waive further reading and introduce the proposed Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING THE AZUSA MUNICIPAL CODE RELATING TO RECOVERY OF ATTORNEYS' FEES IN CONNECTION WITH CODE ENFORCEMENT ACTIVITIES. 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 NOVEMBER 2, 2009. RECOMMENDED ACTION: Approve Minutes as written. 2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). 3. CIP PROJECT: ROSEDALE TRAFFIC MITIGATION (CIP#66109E) - AUTHORIZATION TO SOLICIT BIDS FOR THE NEW TRAFFIC SIGNAL ON CITRUS AVENUE AT MAUNA LOA AVENUE. RECOMMENDED ACTION: Authorize staff to solicit bids for a new traffic signal on Citrus Avenue and Mauna Loa Avenue and associated improvements including ADA ramps. 4. AUTHORIZATION TO ENTER INTO A MASTER AGREEMENT AND A PROGRAM SUPPLEMENT AGREEMENT FOR THE RECEIPT OF FEDERAL TRANSPORTATION FUNDING. RECOMMENDED ACTION: Adopt Resolution No.09-C98,authorizing the City Manager to enter into a Master Agreement and Program Supplement Agreement with the California Department of Transportation(Caltrans)for the receipt of federal transportation funds for current and future projects. 11/16/09 - 3 - 5. CIP PROJECT: ZACATECAS PARK STORM DRAIN PROJECT (CIP #66510A) - NOTICE OF COMPLETION. RECOMMENDED ACTION: Approve the Notice of Completion for the following project and authorize staff to file the Notice of Completion with the Los Angeles County Clerk: Zacatecas Park Storm Drain Project CIP #66510A - $135,012 - Alcon Colorado Engineering, Inc., Murrieta, CA 6. AWARD OF CONTRACT - HEAVY-DUTY DIESEL EXHAUST RETROFITS. RECOMMENDED ACTION: Award a contract to A-Z Emissions Solutions Group of Riverside, California in the amount of$47,773.12 for the purchase and installation of three (3) heavy-duty exhaust retrofits. 7. FY 2009/10 CAPITAL IMPROVEMENT PLAN AMENDMENT AND AUTHORIZATION TO SOLICIT REQUEST FOR PROPOSALS FOR TOPOGRAPHIC SURVEY AND MAPPING SERVICES — CITRUS AVE. /FOOTHILL BLVD. RECONSTRUCTION (CIP#66110A). RECOMMENDED ACTION: Amend the 2009/2010 Capital Improvement Plan to include "Foothill Blvd. from Alosta Ave. to Citrus Ave." as a merged project with CIP #66110A, "Citrus Ave. Reconstruction." It is also recommended that the City Council authorize staff to solicit proposals to obtain topographic survey and mapping services for Citrus Ave. and Foothill Blvd. 8. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY. RECOMMENDED ACTION: Adopt Resolution No. 09-C99. E. AGENCY SCHEDULED ITEMS 1. CONSIDERATION OF A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 606 GLENFINNAN AVENUE (BARRIENTOS). RECOMMENDED ACTION: Authorize the Executive Director to execute a Purchase and Sale Agreement("PSA") for the acquisition of real property located at 606 Glenfinnan Avenue (APN: 8612-001-063). It is also recommended that the Agency Board adopt Resolution No. 09-R57, approving the acquisition for the proposed purchase. 11/16/09 - 4 - F. AGENCY CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Boardmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF NOVEMBER 2, 2009. RECOMMENDED ACTION: Approve Minutes as written. 2. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE AGENCY. RECOMMENDED ACTION: Adopt Resolution No. 09-R58. G. ORDINANCES/SPECIAL RESOLUTIONS 1. CULTURAL AND HISTORIC PRESERVATION COMMISSION CONSISTENCY ORDINANCE RECOMMENDED ACTION: Waive further reading and adopt an ordinance No. 09-07, entitled: AN ORDINANCE OF THE CITY OF AZUSA,CALIFORNIA,AMENDING CHAPTER 55,ARTICLE I, SECTIONS 55-4(e) AND 55-6(c), OF THE AZUSA MUNICIPAL CODE, REVISING MEMBERSHIP AND QUORUM PROVISIONS RELATED TO THE CULTURAL AND HISTORICAL PRESERVATION COMMISSION. H. ADJOURNMENT 1. Adjourn in memory of Juan Uribe Sr. 11/16/09 - 5 - UPCOMING MEETINGS: November 23, 2009, Utility Board Meeting—6:30 p.m. (Light and Water Conference Room) December 7, 2009, City Council Meeting—6:30 p.m. (Auditorium) December 21, 2009, City Council Meeting—6:30 p.m. (Auditorium) December 29, 2009, Utility Board Meeting—6:30 p.m. (Light and Water Conference Room) In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of the public at the following locations: Azusa City Clerk's Office-213 E. Foothill Boulevard,Azusa 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. 11/16/09 - 6 - Fe3;"Th • ,"'r 1,44 d.tr ', a'y"^s& r � „ n 'a - �y-r .� ... * . �F* n ari-PW yy. ' . �. * ,;.,' *" In a dr °'' .`u'�` rcF. " �7 s ry, t �s �, • .a, :�.'fl i `i nl� "�. .; 3^a'4 y �nrl+d' - ry Witt "s��gili ghti ��, k I C'9 ��4 ' '�._ w �.��. ^fir l', .74144 us REPORTS/UPDATES TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: VERA MENDOZA, CITY CLERK VIA: F.M. DELACH, CITY MANAGER A0 DATE: NOVEMBER 16, 2009 �� " RE: APPOINTMENTS OR INTERVIEWS FOR CULTURAL AND HISTORIC PRESERVATION COMMISSION RECOMMENDATION It is recommended that the City Council either appoint from attached list of applicants or set date and time for interviews for the Historic Preservation Commission. BACKGROUND At the City Council Meeting of October 5, 2009, staff was directed to solicit applicants for the Cultural and Historic Preservation Commission, due to two vacancies that exist. Three applications were received and all applicants have been interviewed by Council Members, recently or in the past. There is still one vacancy in the Architectural Barriers Commission, no applications were received. FISCAL IMPACT: Stipend of$25.00 per meeting, not to exceed $50.00. CITY OF AZUSA NOVEMBER-2009 BOARD AND COMMISSIONS NEW APPLICANTS ARCHITECTURAL BARRIERS COMMISSION (1 POSITION) None. CULTURAL AND HISTORICAL PRESERVATION COMMISSION (2 POSITIONS) Daysi Hernandez Bruce Knoles Art Morales g : CITY OF AZUSA Alt/8A CITY CLARK BOARD/COMMISSION APPLICATION 1004 ND (Please Print Using Black Ink or Type) — P 3: 43 Residency Requirements: Resident of the City of Azusa for one year prior to appointment and shall remain a resident of the City while serving on a Board/Commission,with the exception of Human Relations Commission,which allows: Non-residents of the City of Azusa who may be appointed to the Human Relations Commission, must demonstrate that he or she is committed to the general well-being and welfare of the community; that they have actively participated in the cities community activities for at least one year prior to the anticipated date of appointment; and Non-residents appointed to the Human Relations commission shall continue to actively participate in community activities while serving on the commission Other Requirements: Must be a qualified elector of the City of Azusa,with the exception of non-residents. Must have adequate time to serve. Compensation: Each member of a Board/Commission shall be paid for services for each meeting attended during the month. The amount is established by resolution of the City Council. Name 4 v l � Home Phone 6 7.5(,- „� / /� Address 1-10 ��a I City C� Zip /7 0 2-- Employer /t// Current Job Title /L ,/,* Business Phone /1 \ Fax/E-Mail Are you of Voting Age? 7.-ecDo you live within City Limits?,* c ALL BOARDS&COMMISSIONS ACT AS ADVISORY AGENCIES TO THE CITY COUNCIL ( ) Architectural Barriers Commission ( ) Park&Recreation Commission Cultural&Historical Landmark Commission ( ) Personnel Board Commission ( ) Human Relations Commission ( ) Planning Commission ( ) Library Commission 1. Please express you interest in serving: U\2) cj •-776*. V 1 i 2. Educational, vocational, personal experience, which you feel qualifies you to serve on the Board and/or Commission selected: 3. Additional Comments: QUESTIONS 4 AND 5, APPLY TO HUMAN RELATIONS COMMISSION APPLICANTS ONLY, ALL. OTHERS CONTINUE TO SIGNATURE PORTION OF THE APPLICATION. 4. Please describe your ideas for creating greater City civic peace and inclusion in Azusa: 5. Are you available to attend training classes? \A-cx O S i nature (This Application expires six months from date filed) Return to: Office of the City Clerk City of Azusa 213 East Foothill Boulevard Azusa, California 91702 Attach additional pages if needed. • .!d` +Gcr itrFop:r\\ CITY OF AZUSA ARBA CITY CLERK USA. BOARD/COMMISSION APPLICATION 1 oq WIT -1-1 A ID 35 (Please Print Using Black Ink or Type) Residency Requirements: Resident of the City of Azusa for one year prior to appointment and shall remain a resident of the City while serving on a Board/Commission, with the exception of Human Relations Commission, which allows: Non-residents of the City of Azusa who may be appointed to the Human Relations Commission, must demonstrate that he or she is committed to the general well-being and welfare of the community; that they have actively participated in the cities community activities for at least one year prior to the anticipated date of appointment; and Non-residents appointed to the Human Relations commission shall continue to actively participate in community activities while serving on the commission Other Requirements: Must be a qualified elector of the City of Azusa, with the exception of non-residents. Must have adequate time to serve. Compensation: Each member of a Board/Commission shall be paid for services for each meeting attended during the month. The amount is established by resolution of the City Council. Name DAYSI HERNANDEZ_ Home Phone (620 q{Dcl- 5850 Address 22q W, OAKWEW QR . City AZUSA Zip q1702_ Employer CI-'Y OF PICO RIVERA Current Job Title CDMMUNlT11 DEV'ELtpMEI T MANAGER Business Phone z.) 801- 4 331 Fax/E-Mail dept.her nand ez .ver zon.net Are you of Voting Age? YES Do you live within City Limits? YES ALL BOARDS &COMMISSIONS ACT AS ADVISORY AGENCIES TO THE CITY COUNCIL O Architectural Barriers Commission ( ) Park&Recreation Commission (vf Cultural &Historical Landmark Commission ( ) Personnel Board Commission ( ) Human Relations Commission ( ) Planning Commission ( ) Library Commission 1. Please express you interest in serving: HAVE LIVED IN THE CITY OF AZUSA FOR OVER TWELVE 'YEARS. 1 STRONGLY BELt EVE THAT EACH RESIDENT HAS A VES-rE,D INTEREST iN IMPRODING OUR. NEIGC3ORIitooD. AND, ALT}jto(H FOR `r'EARS M`( scHE.ouLE DID NOT PE.RMt I PARIICtPATtoN IN CNIC ACTIVIZIES , I AM NOW ABLE it GET INVOLVED. 1 AM EXCITED ABOtrr THE PRQSP .CT CC SERVING MY ComtvUNITY AND INVESTING ¢wk`f KNOWLEDGE AND E&PERIE.NCE II4 I'iAktNG RZO5A A 13ETTE12. PLACE FOR.. Nt-( CHILDREN kNc, ALL v.r.f FELLb J A2USANS, 2. Educational, vocational, personal experience, which you feel qualifies you to serve on the Board and/or Commission selected: 1 HAM A BACwuLOR'S DEGREE N ORGl,t44tZ„pTIDWAL LEADERSHIP FROM AZOSA PACIFIC, UNIVERSITY, AND NAVE WORKED N Thu. COMMUWtT`l DEVELOPMENT FIELD FOR. OVER TWELVE YEARS. AS T+IE commuWITI DEVELDPMEk,rr COOR011.lATOR FOR THE CIN OF 1414-WI-TIER, i GAINED VALUABLE KNOWLEDGE AND EXPERIENCE ITE AREA OF IAISTORIC. PRESERVATION, 1 ASSISTED CLIENT-5 '7+4RouGH THE CERTIFICATE OF APPROPRIATE NESS PROCESS, ANO WORKED WCtc-1 Tli E pLA1aN ING GEPARTN4EUT ON Pko7EcTS SugjEc- To HISTORIC. RESOURCE COI..(MtSSIDN APPROVAL. 3. Additional Comments: 1 AM ATIACHtNG r( RkSUME FOR. 'iDUR REVIEW AND Cot4SIDERATIbN bF MS QUALIFICATIONS AKI.O DPERIE.NCE IN WO .ktNG WITH THE COfrMUt.il-M. QUESTIONS 4 AND 5, APPLY TO HUMAN REALTIONS COMMISSION APPLICANTS ONLY, ALL OTHERS CONTINUE TO SIGNATURE PORTION OF THE APPLICATION. 4. Please describe your ideas for creating greater City civic peace and inclusion in Azusa: NJR 5. Are you available to attend training classes? W JA Signature ► 112. Date24/0 4, (This AppF . .on s six months from dat MLA). Return to : Office of the City Clerk City of Azusa 213 East Foothill Boulevard Azusa, California 91702 Attach additional pages if needed. 2 DAYSI CORTEZ HERNANDEZ 229 West Oakview Drive,Azusa CA 91702 (626) 969-5850 Professional Experience 09/07—Present Community Development Manager—City of Pico Rivera, California Plan, organize, and implement activities of the Pico Rivera Redevelopment Agency. • Develop and implement Agency policies and procedures • Establish and execute new housing, neighborhood revitalization, and economic development programs • Conduct analyses of redevelopment trends and legislation affecting redevelopment activities and recommend revisions to policy and Implementation Plan • Develop program strategies for attracting and retaining businesses • Prepare staff reports and recommendations to City Council • Prepare Agency budget, conduct mid-year budget review, and monitor monthly revenues and expenses • Prepare other fiscal reports such as the year-end HCD report, Housing Compliance Report, Implementation Plan, and Affordable Housing Production Report • Monitor project files, and reconcile financial records • Monitor activities to ensure compliance with California Redevelopment Law, local ordinances, and Federal Regulations 09/06—09/07 Housing Programs Consultant Provided consulting services and technical assistance for the implementation of housing and economic development programs. • Evaluated program performance and provided strategy to improve efficiency and productivity • Developed policies and procedures manuals • Conducted market analyses, and recommended program revisions • Made presentations to City Council,HUD and State Representatives • Facilitated overall services for program operation, such as marketing and outreach, evaluation of loan and grant applications, determination of eligibility, construction management, and servicing of loan portfolio • Provided other housing and community development services, as required 10/03—09/06 Community Development Coordinator—City of Whittier,California Planned, organized,and implemented eight housing and economic development programs for the City of Whittier and the Whittier Redevelopment Agency. • Coordinated program daily operation, and supervised subordinate staff • Prepared agenda reports and recommendations to City Council • Evaluated housing market and community needs to recommend revisions to Housing Programs • Developed/updated, and implemented program policies and procedural manuals • Coordinated community meetings and outreach efforts • Participated in a special task force for the revitalization of the Lower Uptown community • Prepared programmatic and fiscal reports as required by HUD, and City management • Assisted residents through the Certificate of Appropriateness Process for the preservation of properties with historical significance, and worked with the Planning Department on projects subject to approval of the City's Historic Resource Commission. • Prepared Requests for Proposals, evaluated responses, and prepared and managed contracts DAYS!CORTEz HERNANDEz Page 2 Professional Experience (continued) 03/00—09/03 Development Specialist—Los Angeles County Community Development Commission Established and implemented the Los Angeles County Child Care Grant and Loan Program, an economic development program that provided business opportunities to childcare facilities throughout Los Angeles County. • Coordinated daily program operation and supervised up to 25 professional and support staff • Developed program policies and established loan processing,reporting, and finance procedures • Coordinated community meetings and program workshops • Served as liaison between clients and other government agencies • Conducted preliminary negotiations with business owners to create, retain, or expand childcare services • Provided technical assistance to prospective start-up businesses • Reviewed grant and loan applications for program eligibility • Developed, implemented, and monitored project schedules and budgets • Responded to public and media inquiries • Assisted 125 childcare businesses, which created, expanded and/or maintained approximately 1500 childcare slots in areas of high need 07/96—03/00 Program Specialist—Los Angeles County Community Development Commission Implemented the Los Angeles County Home Ownership Program and the Earthquake Recovery Loan Program. • Coordinated daily program operation • Evaluated grant and loan applications for eligibility • Developed/updated procedures to ensure continuous compliance of funding regulations, including historical and environmental requirements • Provided training and technical support to staff, participating lenders, and other local agencies • Conducted community outreach efforts, coordinated marketing strategies, and planned events • Funded and serviced approximately $6 miIIion dollars in grants and loans • • Conducted community meetings during the initial phase of the Residential Sound Insulation Program • Responded to inquiries from the public,media, and other government agencies Skills and Abilities • Able to communicate effectively both orally and in writing • BiIingual: read, write, and speak Spanish • Able to interpret and implement regulations, policies and procedures, and legislation relating to Federal, State, and redevelopment programs • Able to establish and maintain effective relationships with staff, business organizations, government agencies,and individuals from diverse economic and cultural backgrounds • Proficient in Microsoft Word, Excel, Outlook, and PowerPoint Education and Training • Bachelor of Science Degree in Organizational Leadership with a concentration in business management, from Azusa Pacific University,Azusa, CA. Graduated Magna Cum Laude • Associate in Arts Degree with a concentration in business administration from East Los Angeles College, Monterey Park, CA. Graduated Cum Laude • Member of the California Gamma Chapter of Alpha Chi National College Honor Scholarship Society • CRA Redevelopment Institute 2008, CRA Conference 2008, CALED Conference 2008, Affordable Housing Conference 2007, and various workshops in the areas of affordable housing, lead-based paint, prevailing wages, acquisition and relocation, program management and monitoring, and construction management ry IVAZUSA CITY CLERK ' t t CITY OF AZUSA ron Nov -3 A ° I W `,-tee BOARD/COMMISSION APPLICATION (Please Print Using Black Ink or Type) Residency Requirements: Resident of the City of Azusa for one year prior to appointment and shall remain a resident of the City while serving on a Board/Commission,with the exception of Human Relations Commission, which allows: Non-residents of the City of Azusa who may be appointed to the Human Relations Commission, must demonstrate that he or she is committed to the general well-being and welfare of the community; that they have actively participated in the cities community activities for at least one year prior to the anticipated date of appointment; and Non-residents appointed to the Human Relations commission shall continue to actively participate in community activities while serving on the commission Other Requirements: Must be a qualified elector of the City of Azusa, with the exception of non-residents. Must have adequate time to serve. Compensation: Each member of a Board/Commission shall be paid for services for each meeting attended during the month. The amount is established by resolution of the City Council. Name BRUCE KNOLES Home Phone 626-419-6290 Address 939 N ORANGE AVE City AZUSA Zip 91702 Employer BK INDUSTRIAL RESOURCES Current Job Title OWNER/CEO Business Phone 626-419-6290 Fax/E-Mail BRUCEKNOLES@YAHOO.COM Are you of Voting Age? YES Do you live within City Limits? YES ALL BOARDS&COMMISSIONS ACT AS ADVISORY AGENCIES TO THE CITY COUNCIL ( ) Architectural Barriers Commission ( ) Park&Recreation Commission (x) Cultural &Historical Landmark Commission ( ) Personnel Board Commission ( ) Human Relations Commission ( ) Planning Commission ( ) Library Commission 1. Please express you interest in serving: THROUGHOUT THE YEARS AZUSA HAS BEEN OVERLOOKED AS A GEM IN THE ROUGH. IF PUT 01 THIS COMMISSION, I WOULD MAKE SURE THAT RICH HISTORY AND HERITAGE OF THIS BEAUTIFUL CITY IS PRESERVED AND CONTINUED TO BE RESTORED. I ALSO UNDERSTAND THAT WE NEED TO PROGRESS WITH THE REST OF THE AREA TO BE SUSTAINABLE, BOTH ECONOMICALLY AND ECOLOGICALLY. THERE ARE WAYS TO MESH THE PAST WITH THE FUTURE AS MANY MUCH OLDER CITIES HAVE DONE SUCCESSFULLY, AND ACTUALLY INCREASE THE ATTRACTION OF OUR CITY TO FUTURE RESIDENTS, BUSINESSES AND VISITORS. I r a • • 2. Educational, vocational, personal experience, which you feel qualifiesou to serve on the Board ' selected: Y and/or Commission 3. Additional Comments: QUESTIONS 4 AND 5, APPLY TO HUMAN. .RELATIONS COMMISSION CONTINUE TO SIGNATURE .PORTI APPLICANTS ONLY, ALL OTHERS ON OF THE APPLICATION, 4. Please describe your ideas for creating greater City civiceace and inclusion on in Azusa: 5. Are you available to attend training classes? Signature Date (This Application expires six months from date filed) Return, to: Office of the City Clerk City of Azusa 21.3 East Foothill Boulevard. Azusa, California 91702 Attach additional pages if needed. 2 ,.,..,:.].,,!,: '';y 5 :Vii>is`}�:Y<':3�ii� :dr i ,1:::::0FA_,,,ki 'il . 1 {> :!...i,,.!:,,;,.! .,.;!,,,.:,,! . ;, : 41 ,4,,iii:,ii:. .;:;i;,.., ,, : ir. - '.4-... _ V\ tYJ � Yrwr ....;....... .. . .......:»..: ........... ..... : ._................. ... : ........- ..... : v„{ ,•J .v`.^. ^r`q 3p : 11.r.iiranagg-:'. r2 . wY . r:. n : rv . . : .. ? v : :Y ; :n .. »v . . N: h .aY o ....111.11 ,!:•,. rJn »» wv » » mn ✓ / w . mm - rvmwx ✓ v �� l � ? glANJL : 115 us41 AGENDA ITEM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS , s (C, FROM: KURT CHRISTENSEN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: iF. M. DELACH, CITY MANAGER i,� DATE: NOVEMBER 16, 2009 5 SUBJECT: PROPOSED CHANGE TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 35 TH YEAR PROGRAM (FY 2009/10) — STREET SAFETY/ADA IMPROVEMENTS AND NORTHSIDE PARK ADA CONCRETE REPLACEMENT RECOMMENDATION It is recommended that the City Council approve cancellation of CDBG Pro•ect Number 601067-08 t in J Street Safety/ADA Improvements in the amount of$66,000, and reprogramming $35,000 into the Northside . Park ADA Concrete Replacement proj ect; and adopt the resolution titled "Resolution of the CityCouncil of . the City of Azusa Adopting Proposed Changes to the Statement of CommunityDevelopment Objectives p j es and Projected Use of Funds for the Community Development Block Grant Program for Fiscal Year 2009- ” �' 10 . BACKGROUND The City of Azusa has participated in the CDBG Program since its inception in 1974, utilizingthese funds for various housing and community development projects in the City. The CityCouncil approved pp rove d the 35th Year (2009/10) CDBG Program on January 5, 2009. The approved program includes . ProjectNumber 601067-08 Street Safety/ADA Improvements carried over from FY 2008/09, in the amount of66 0 $ 00. This project would have constructed access gates and sidewalk wheelchair access ramps on Rockvale Avenue• , however, due to various parties involved in the transaction, and the delayin performance,project p ernce, staff recommends canceling the project and using the funds for a more construction-ready pro•ect in order to J expeditiously use these federal funds. Cancellation of this project represents a substantial change to the City' s 35th Year CDBG program, and has been public-noticed as required. The Northside Park ADA Concrete Replacement project will demolish and replace 9 600 sf of cracked ed and root-damaged concrete, construct new handicapped-access ramps and railings to existing restrooms, and install irrigation sleeves and covers to existing tree wells to prevent future root damage to concrete. These improvements p is will be made at Northside Park, located in the 600 block of north Eleventh Street. Staffro oses funding p thi s ! project in the amount of $35,000 in available CDBG funds from the cancelled CDBG Proj Number Nb er Honorable Mayor and City Council Members Proposed Change to the Community Development Block Grant(CDBG)35t Year Program(FY 2009/10)—Street Safety/ADA Improvements and Northside Park ADA Concrete Replacement November 16,2009 Page 2 601067-08 Street Safety/ADA Improvements. CDBG funds will pay for materials and supplies only,and labor will be provided by Parks staff. FISCAL IMPACT Cancellation of Project Number 601067-08 Street Safety/ADA Improvements will free up$66,000 in CDBG funds, of which $35,000 will be available for funding the Northside Park ADA Concrete Replacement project,and$31,000 will be available for reprogramming into new FY 2010/11 non-public service projects. Prepared by: Roseanna J. Jara, Sr.Accountant-Redevelopment SWH:RJJ/cs Attachments: Resolution Public Notice it RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING PROPOSED CHANGES TO THE STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2009-10 WHEREAS, the City of Azusa is participating under the County of Los Angeles Community Development Block Grant (CDBG) Program; and WHEREAS, City staff has proposed to 1) cancel CDBG Project Number 601067-08 Street Safety/ADA Improvements in the amount of$66,000; and 2) reprogram $35,000 of the newly-available CDBG funds from the cancelled project into a new project titled Northside Park ADA Concrete Replacement project; and WHEREAS, the proposed change represents a substantial change to the statement of community development objectives and projected use of funds for the Community Development Block Grant program for fiscal year 2009-10; and WHEREAS,the City has allowed written comment and public testimony on the City's community development needs; and WHEREAS, the City Council has heard any and all public input received regarding the City's proposed changes to the projected use of Community Development Block Grant funds. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of Azusa does hereby take the following actions: SECTION 1. Approve cancellation of CDBG Project Number 601067-08 Street Safety/ADA Improvements in the amount of$66,000; and SECTION 2. Approve programming$35,000 of the CDBG funds from the canceled CDBG Project Number 601067-08 into a new project titled Northside Park ADA Concrete Replacement project; and SECTION 3. Authorize the Mayor or authorized designee to execute any and all necessary contracts and agreements with the Los Angeles County Community Development Commission and with each approved recipient/ subrecipient of the program, together with any minor changes therein which may be approved by the City Manager and, as necessary, the City Attorney. SECTION 5. The City Clerk shall certify the adoption of this resolution. PASSED AND APPROVED this day of , 2009. Mayor I HEREBY CERTIFY that the foregoing Resolution was duly passed,approved,and adopted by the City Council of the City of Azusa, at a regular meeting of said City Council held on the day of , 2009, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk 78, iJtfit tft. lith[t.: i';I 3't Le'tf5g f.f CITY. OF.AZUSA` NOTICE O PROPOSE©CHANGES TO STATEMENT QF COMMUNITY'I2E ELOI'MENT OBJECTIVES AND PROJECTED USE OP COMMUNITY DEV,ELOFtt4ENT BLOCK GRANT F tNDS..r The AzusaCityCouncil approved the Community Development;Block.Qnant{CDi3G)Consolidated Plan(Action flan)for • the 35th*Ar July I;:2009-June 30,. 2010)on'Ja uarY.5.2009. The City proposes to,revise the 2009-10 Acticia'rlan, .; which ideatifies projected rise of funds for the 3 Fiscal Year,in order to cancel CDBG Project I+io 60:iCt6 8 Street Saf*./.4#4,ftiprovemiints and rep•>iogram the funds into a new project. 'he public is tavitcd to review the Citj tefA ttsa s 'I proposed ve s an to the Action Plan, for subtnisstonxa the U.S. Department,ofHousing and Urban Development.This revision represents a substantial change to the 2009-10 Action Plan as follows: ....Project project Title Action Number >. }•Fatst (Decrease) J+ nding :.Increase' i 601067-08 Street Cancel thepraject Thiscancetledprject w otild aero sttttcte (566. ) 0 - Safety/ADA access.gateson Roekvale'lvenueStLee>P1.and hatch i,-and • Improvements sidewalk wheelehatraccess ramps in the same area �v. • Nc Northside Park Ncw;project. 'hisoei;project will demolish and replace 9460.4.535.000 53.3;000 • ADA Concrete Of cracked and -damaged • concrete, construct -nest' .• laceienthanicPicess ramps restraoms;and install irrigation sleeves a nd covers to •existing tree wells lc prevent future root damage to concrete. CDBG fr ndswill_lpayfor materials"and supplies o y. The primary objective tthe:CD13G program is thedcvclopmetyt of viable urbancommunities by providing dccent housing e • and a suitable living e•nvtronmt nt andee wel• ls leconomic opportunities,principally:for persons of low-and moiietate income. in order to-beeligible`for CDBG funding,a project Must.address at least one ofthe following nationalobjeztives:.- The activity must-.benefit low and moderateiincome tersons;or • The activity must aid in vie.prevpiitiosi or elimination of slums or urban blight;:or •• • • The activity:must_ meet a Certified:urgent need posing a threat to;health and welfare.. NOTICE IS HEREBY:GI VEN that the.City ofAzusa•willh old a CityCannei!Meeting on°November)6,2009.•at the hour •of 7:30 P.M.•or as soon thereafterits.the matter may.be heard in the City Council Chambers, located in the aCivic Auditorium,213 f' poothill Blvd.,Azusa;.<CA. The Azusa CityCouncil will consider anyortl.or written cctmmentsand . .R hear•staff recommendationsat this'time Anyone,wtshmg-tocomment should submit:written:comments to theCityClerk s • 1 • Office,City of 400 by November ta,2009:(30-daytcitizen comment.period).. Si usted galea hacerun eomentario oguicremas.infotmacidn sabre esta noticia,usted puede Ilamara:JuanifHernandez,` oflicina de City Clerk,al n6mcro(626)812-5233. 's/Vera Mendoza,City Clerk PUBLISHED.AZUSA HERALD:OCTOBER I5,2009 Publish Oct. 15 2(It19: Azusa Herald =_. Ad No. 177503 • r:;;;;1121 , :,., -- -- ' Y. Sr U �,�. ... ., . u ......�.—_... _. l't " ,( ,WIPS w � ,i:*,,t = c ' �"if_!fop , 1-c liAZUS AGENDA ITEM TO: HONORABLE MAYOR MEMBERS OF THE CITY COUNCIL (TB� N FROM: POLICE CHIEF B ARCIA, KURT CHRISTIANSE , DDIRECTOR OF ECONOMIC & COMMUNITY DEVELOPMENT VIA: F.M. DELACH, CITY MANAGERIj� / DATE: NOVEMBER 16, 2009 11 SUBJECT: ADOPTION OF AN ORDINANCE AMENDING THE AZUSA MUNICIPAL CODE RELATING TO RECOVERY OF ATTORNEYS' FEES IN CONNECTION WITH CODE ENFORCEMENT ACTIVITIES RECOMMENDATION It is recommended that City Council adopt the proposed Ordinance titled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING THE AZUSA MUNICIPAL CODE RELATING TO RECOVERY OF ATTORNEYS'FEES IN CONNECTION WITH CODE ENFORCEMENT ACTIVITIES BACKGROUND The City aggressively enforces the provisions of the Azusa Municipal Code, including, but not limited to, property maintenance standards, ordinances related to signs, zoning uses and standards, abandoned vehicles, and substandard property and building regulations. City Staff uses many approaches in order to enforce the City's regulations, including civil and criminal prosecution of code violations. With such prosecution, the City incurs attorneys' fees in the overall expense of code enforcement. Staff believes that allowing the City to recover attorneys' fees associated with code violations will support the City's ability to continue its aggressive enforcement of the regulations aimed at protecting the City's physical environment. DISCUSSION: Under Government Code Section 38773.5(b), a city is authorized to enact an ordinance providing for the recovery of attorneys' fees by the prevailing party in a nuisance abatement action. In addition, Section 38773.5(b) states that a city's ordinance may limit recovery of attorneys' fees to actions in which the City elects, at the initiation of the action, to seek recovery of attorneys' fees. Also, Section 38773.5(b) prohibits an award of attorneys' fees to exceed the 1 ORANGE\NSTUBBS\62135.1 To: Honorable Mayor and Members of the City Council Subject: Adoption of Ordinances Page 2 of 2 amount of reasonable fees incurred by a city. The language in the proposed ordinance complies with all of these requirements of Section 38773.5(b). To implement the cost recovery allowed under Section 38773.5(b), the proposed Ordinance adds new Section 1-35 to the Azusa Municipal Code for recovery of attorneys' fees for abatement of public nuisances. The new section also establishes that any violation of the Azusa Municipal Code constitutes a public nuisance. This language supports the language in Section 1-11 of the Azusa Municipal Code which states that "any condition caused or permitted to exist in violation of this Code shall be deemed a public nuisance and may be, by this city, summarily abated as such." In addition, the proposed Ordinance amends existing Section 14-425 of the Azusa Municipal Code to correspond with new Section 1-35. Specifically, the proposed Ordinance changes Section 14-425 to state that a court may award attorneys' fees in nuisance abatement actions pursuant to new Section 1-35. Staff believes the recovery of attorneys' fees allowed under Section 38773.5(b) is necessary in order to maintain effective and responsive enforcement of the City's codes. Therefore, staff recommends that the City Council adopt the proposed Ordinance for recovery of attorneys' fees. FISCAL IMPACT The City Council's action to adopt the proposed Ordinance would not create any immediate fiscal impact. Adoption of the proposed Ordinance would likely have a long-term positive fiscal impact because it would enable the City to recover attorneys' fees expended from the City's general fund. Attachments: Proposed Ordinance 2 ORANGE\NSTUBBS\62135.1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING THE AZUSA MUNICIPAL CODE RELATING TO RECOVERY OF ATTORNEYS' FEES IN CONNECTION WITH CODE ENFORCEMENT ACTIVITIES WHEREAS, the City of Azusa ("City") is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the lack of compliance with the Azusa Municipal Code by reluctant property owners within the City continues to persist as a problem for the City; and WHEREAS, with increasing population, the demands on the City to enforce its codes continues to grow and the City continually devotes significant personnel hours to code enforcement efforts; and WHEREAS, code enforcement is complex and, therefore,there is a need for many tools, including cost recovery tools, to help and maintain effective, efficient, and responsive enforcement of the City's codes; and WHEREAS, recovery of attorney's fees from code violators, where appropriate, will enable the City to replenish resources needed to meet the increasing demands on code enforcement; and WHEREAS, California Government Code Section 38773.5 authorizes the City to enact an ordinance providing for the recovery of attorneys' fees in any action or proceeding to abate a nuisance, provided that, among other things, such ordinance allows for the recovery of attorneys' fees by the prevailing party in such action or proceeding, not just the City; and such attorneys' fees may not exceed the reasonable attorneys' fees incurred by the City in the action or proceeding; and WHEREAS, the City intends for this ordinance to apply to all new and existing judicial actions, administrative proceedings, and special proceedings as provided by this ordinance. WHEREAS, all other prerequisites to the adoption of this Ordinance have properly taken place. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby finds and determines that the Recitals of this Ordinance are true and correct and are hereby incorporated into this Ordinance as though fully set forth herein. SECTION 2. New Section 1-35_ is hereby added to Chapter 1 of the Azusa Municipal Code to read as follows: "Sec. 1-35 Recovery of Attorneys' Fees (a) Recovery Authorized. Any violation of this Municipal Code is hereby determined to constitute a public nuisance. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its incurred attorneys' fees, provided that the City elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the judicial action or administrative proceeding. A judicial action includes, but is not limited to, any civil or criminal action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this section." SECTION 3. Section 14-425 of Article XIV of Chapter 14 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "Section 14-425. Additional Actions. (a) Nothing in this article shall be deemed to prevent the city council from ordering the city attorney to commence any appropriate civil action to abate a nuisance in addition to, as an alternative to, or in conjunction with the proceedings set forth in this article; nor shall anything in this article be deemed to prevent the city from commencing a criminal or other action with respect to the nuisance in addition to, alternative to, or in conjunction with the proceedings set forth in this article. (b) If the city council orders the city attorney to commence any appropriate action to abate a nuisance, the city may recover its costs and attorney's fees as part of the judgment which may be recorded as an assessment against the property and constitute a lien thereon. This section grants specific authority to any court of competent jurisdiction to grant an award of costs pursuant to law, and award attorneys' fees pursuant to Section 1-35 of this code. Failure of a court to award attorneys' fees as part of a judgment does not preclude the city from assessing costs against the property pursuant to procedures set forth in this article." SECTION 4. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. SECTION 5. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 6. This Ordinance shall become effective thirty (30) days after its adoption. SECTION 7. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED,APPROVED, AND ADOPTED this day of 2009. Joseph R. Rocha Mayor ATTEST: Vera Mendoza City Clerk 4. • t .1°17 714 I Ago `�'.�., r ::� �-+=r% asr.'+,.,,• g.: _, _ �"i3,.�.;�'��. �� .___ -�.�. 7 � ' Cp</FORr�P ��- �:'. us CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY,NOVEMBER 2,2009—6:30 P.M. The City Council of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium located at 213 E.Foothill Boulevard,Azusa,CA 91702. CEREMONIAL Ceremonial The City Council presented Certificates of Appreciation to the Azusa Golden Days Committee in Cert Golden recognition of the success of the 2009 Azusa Golden Days events. Days Com Proclamation to Austin Tyler McMinn who has attained the rank of Eagle Scout was continued to the Proc not meeting of December 7,2009. presented The City Council presented Certificate of Appreciation to DeLong Unlimited for donating the jerseys for Cert Delong the Celebrity Softball Game. Unlimited Certificate of Appreciation to Max's Restaurant for donating the food for the Celebrity Softball Game,will Cert Max's be delivered to him. Not presented The City Council presented Certificates of Recognition to volunteers of the Noah's Wish Organization who Cert Noah's provided outstanding service during the recent"Morris Fire"of August,2009 Wish CLOSED SESSION Closed Sess The City Council recessed to Closed Session at 6:50 p.m.to discuss the following: Recess 1. CONFERENCE WITH LABOR NEGOTIATOR(Gov.Code Sec.54957.6) Conf w/labor Agency Negotiators: City Manager Delach and Administrative Services Director-CFO Negotiator IBEW Kreimeier Organizations IBEW The City Council reconvened at 7:30 p.m.City Attorney Martinez stated that there was no reportable action Reconvened taken in Closed Session. No Report Mayor Rocha called the meeting to order. Call to Order Ms.Maricela Cuevas led in the salute to the Flag. Flag Salute INVOCATION was given by Pastor Dale Winslow of Foothill Community Church Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Martinez, City Manager Delach,Assistant City Manager Makshanoff, Azusa Police Chief Garcia, Director of Public Works/Assistant City Manager Haes, Director of Utilities Morrow, Economic Development Director Christiansen,Acting City Librarian Shahsavari,Public Information Officer Quiroz, Assistant Community Development Director McNamara,City Clerk Mendoza,Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr. Mike Lee addressed Council offering condolences to the Moritz Family, reminded all to vote in the M.Lee upcoming election, announced the Azusa Veterans Day Program on November 11th at 11 a.m., inquired Comments about the status of the Whole Enchilada building, and commented on health care, troops, and President Obama. Ms.Peggy Martinez addressed Council expressing her excitement that Target is coming to Azusa as well as P.Martinez the Gold Line. She then invited all to a farewell gathering for Johnny's Tow on Thursday,November 5th, Comments from 4 p.m.—6 p.m.at 812 N.Azusa Avenue. Ms.Edna Medina,student Senator of Azusa Pacific University,addressed Council stating that she has been E.Medina chosen to bridge the gap between the school and the community and looks forward to being a part of the Comments community. Contact her at emedina08(a�apu.edu. Ms. Stephanie Mills reminded all to vote in the November 3,2009 election and stressed the importance of S.Mills voting. She noted her choice for the Citrus College Board of Trustees. Comments Mr. Todd Priest of Vulcan Materials addressed Council announcing that there will be a workshop on the Todd Priest new plan for Vulcan Mining on Tuesday,November 10th at Azusa Pacific University,Felix Event Center at Comments 6:30 p.m. Ms.Maricela Cuevas addressed Council proving statistics on Latinos and their attendance and completion M.Cuevas of their education via middle, high and college schools. She then announced the upcoming Steps for Comments Success program to be held at Azusa High School on Saturday, November 14, 2009, beginning with registration at 8:30 a.m. She detailed the workshops which will cover college application process,financial aid,and scholarships,etc. Mr.Dennis Willut addressed Council expressing his concern regarding installation of a telephone pole and D.Willut possible hazards, he asked that poles be placed underground, the status of a new Library, the need for Comments student vouchers, Senior Citizens need for lower health costs, utilities and cable costs, the status of Monrovia Nursery and the need for the Financial Times to be placed in the Library. City Manager Delach responded to questions posed stating that a local real estate broker has expressed City Mgr interest in the Whole Enchilada site,underground utilities are not affordable at this time,there are programs Responses for seniors for low cost utilities,and provided an update on the status of the Rosedale site. Director of Utilities Morrow stated that it is normal practice to install a new pole next to the old and after Dir of Util the transfer of telecommunications are installed the old pole will be removed. Response REPORTS,UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Updates/Cncl Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried that Cert for Relay request for certificates of recognition to volunteers of the 2009 Relay for Life event be approved and be For Life presented at the December 7th City Council meeting. Volunteers Moved by Councilmember Gonzales, seconded by Mayor Pro-Tern Macias and unanimously carried to Proc 50th approve request for proclamation in honor of a 50th Wedding Anniversary on November 7,2009. Wedding Ann. Moved by Mayor Pro-Tem Macias,seconded by Councilmember Carrillo and unanimously carried to have City Hall on the the next City Hall on the Move at Rancho Park located at Rosedale in January 2010. Move Rosedale Staff was directed to prepare a proclamation for an Azusa resident,who will be turning 100 years old,Sally Proc 100th BD Rowe,and the proclamation will be presented at the Eagles in the upcoming weekend. Sally Rowe Utilities Director Morrow provided a presentation on the Electric Rate Adjustment which included Electric Rate Background, Debt Coverage Forecast, Historical Comparison, Meeting Debt Coverage,Residential Rates, Adjustment Commercial Rates,and Effect of New Rates. Council Business was handled later in the meeting,after the Azusa Public Financing Authority. Cncl Rpts SCHEDULED ITEMS Sched Items CULTURAL AND HISTORIC PRESERVATION COMMISSION CONSISTENCY Cult&Hist Ord ORDINANCE. Consistency Assistant Community Development Director McNamara addressed the issue stating that formerly the C.McNamara Cultural and Historic Preservation Commission consisted of seven members with four members as Comments a quorum and in 2005 the ordinance was changed to five member, certain sections were not changed which left them inconsistent;the proposed ordinance will solve that problem. 11/02/09 PAGE TWO Councilmember Hanks offered an Ordinance for first reading,entitled: AN ORDINANCE OF THE CITY OF AZUSA,CALIFORNIA,AMENDING CHAPTER 55,ARTICLE I, 1 s`Rdg Ord SECTIONS 55-4(e) AND 55-6(c), OF THE AZUSA MUNICIPAL CODE, REVISING MEMBERSHIP Revising Mem& AND QUORUM PROVISIONS RELATED TO THE CULTURAL AND HISTORICAL Quorum Cult& PRESERVATION COMMISSION. Hist.Com Moved by Councilmember Hanks,seconded by Councilmember Carrillo and unanimously carried to waive further reading and introduce the proposed ordinance. The CONSENT CALENDAR consisting of Items D-1 through D-8 was approved by motion of Consent Calendar Councilmember Gonzales,seconded by Councilmember Carrillo and unanimously carried. 1. The minutes of the regular meeting of October 19,2009,were approved as written. Min appvd 2. Human Resources.Action Items were approved as follows: HR Action New Appointment: Adrian Martinez,Recreation Coordinator. Items 3. Approval was given to the Police Department to purchase one new 2008 GMC Savana Cutaway Pur new truck G3500 truck with 12' utility body for $24,995.00 (inclusive of tax, license/title and Police Dept documentation/tire fees) from Rio Rancho Truck Center, 15 Auto Center Drive, Pomona, CA 91766. 4. Staff was authorized to increase the amount of the general professional traffic engineering services Inc Amt Traffic from KOA Corporation and Transportation& Energy Solutions, Inc., on an as-needed basis in an Engr Svs KOA amount not to exceed$30,000. Corp&Trans 5. Notices of Completions for Foothill Boulevard Boardwalk Project No.66109B-Martinez Concrete, NOC Martinez Inc. and Foothill/Citrus Intersection Improvements Project No. 65309A-Martinez Concrete, Inc. Concrete were approved and staff was authorized to file the Notices with the Los Angeles County Clerk. 6. Contract for the following Capital Improvement Projects: City Hall Roof Replacement, Library CIP Roofmg Roof Restoration and Police Station Roof Rehabilitation, was awarded to Midwest Roofing Projects Midwest Company of Gardena,California in the amount of$105,448.00. Roofmg 7. The City Treasurer's Report as of September 30,2009,was received and filed. Treas Rpt 8. The following resolution was adopted and entitled: • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res.09-C96 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Spec Call Items None. None. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT CRA Convene 8:25 P.M. THE CITY COUNCIL RECONVENED AT 8:26 P.M. THE CITY COUNCIL Cncl reconvened RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY CONVENED AT 8:26 P.M. APFA Convene THE CITY COUNCIL RECONVENED AT 8:27 P.M. Cncl reconvened COUNCIL UPDATES: Cncl Updates Mayor Pro-Tem Macias requested that staff look into the possibility of repairing pot holes on Gladstone Macias Street between Azusa Avenue and Pasadena Avenue. Comment Councilmember Hanks stated that the Gold Line is being included in the MTA Transportation Plan, and Hanks provided information received from the Construction Authority CEO who received six statements of Comments qualification for the bridge overpass of the 210 freeway; it will be considered for approval in November and next year they will begin the selection of team who will do the design build. He stated they should break ground for the Gold Line in June 2010 to be completed in 2013. He expressed his condolences to the Moritz and Chagnon families on the passing of Lyle Moritz. He looks forward to the ground breaking for the Target store in Azusa. He stated that long time residents, Ivan and Nita Berndt, former Library Commissioner and teacher,will be leaving the City to live in Colorado;he asked Council to join him in a sentiment of farewell and thanks for longtime service to the community. He talked about fly ash in power plant in San Juan New Mexico which created cylinders without the use of Portland cement,he detailed,and stated that it could be used for construction and it's very encouraging to meet requirements of AB 32. Councilmember Gonzales expressed his condolences to the families of Lyle Moritz and Carlos Alvarez and Gonzales asked that the meeting be adjourned in their memory. Comments 11/02/09 PAGE THREE • Councilmember Carrillo expressed his condolences to the Moritz and Chagnon families on the passing of Carrillo Lyle Moritz. He talked about the excitement of Target coming to Azusa as well as the Gold Line and Comments thanked staff for their efforts. City Manager Delach announced that the ground breaking for Target will be held on December 3, 2009, City Mgr time to be announced. Comment Mayor Rocha announced the Community and Parent Awareness Workshop to be held on Thursday, Rocha November 5,2009 at 7:00 p.m.at the City Library. He invited all to Nana's Galleria Grand Opening to be Comments held on November 9, 2009, from 5:00 p.m. — 7:00 p.m. and Veterans Day observation to be held on November 11th at 11 a.m.at the City Hall Flag Pole where guests will include Congresswoman Judy Chu and Assemblyman Ed Hernandez. He announced the Be A Walker Program which will begin Saturday, November 14'h at Zacatecas park at 9:30 a.m. and detailed the program. He thanked Emergency Services Coordinator Olga Bruno and Staff for the success of the N1H1 vaccination clinic held at Memorial Park North. It was consensus of Council that the meeting be adjourned in memory of Theresa Cervantes, Mary Adjourn in Miranda,Carlos Alvarez and Lyle Moritz. Memory of T.Cervantes, M.Miranda, C.Alvarez and L.Moritz TIME OF ADJOURNMENT: 8:37 P.M. ASSISTANT CITY CLERK NEXT RESOLUTION NO.2009-C97 NEXT ORDINANCE NO.2009-07. 11/02/09 PAGE FOUR e # a4010 sw.� -ems a. * `a,r�+ •,,g ti�'" rrri � ZUS CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER VIA: F.M. DELACH, CITY MANAGER ��, DATE: NOVEMBER 16, 2009 I . 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 November 10, 2009, 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 UTL Robert Ryan Welder/Water Distribution Merit Increase 5190/4 Worker I 9/04/2009 $5208.36 UTL Christine Cusick Customer Service Rep. II Reg Appt/Merit Inc 5164/4 10/04/2009 $4050.71 ECD Graciela Acosta Planning Technician Merit Increase 4165/3 10/14/2009 $4091.14 B. PROMOTION—The following promotion(s)have been requested by the department head pursuant to the Rules of the Civil Service System. DEPARTMENT NAME PROMOTION EFFECTIVE RANGE/STEP FROM/TO DATE BASE MO. SALARY PD Robert From: Police Officer 11/17/2009 6106/5 Landeros To: Police Corporal $7006.70 PD Terry Smith, From: Police Officer 11/17/2009 6106/5 Jr. To: Police Corporal $7006.70 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. OFA } , A r 4, A� -TT -7777%7 ,o4itited CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/DIRECTOR OF PUBLIC WORKS VIA: F. M. DELACH, CITY MANAGER M 2 DATE: NOVEMBER 16, 2009 SUBJECT: CIP PROJECT: ROSEDALE TRAFFIC MITIGATION (CIP #66109E) - AUTHORIZATION TO SOLICIT BIDS FOR THE NEW TRAFFIC SIGNAL ON CITRUS AVENUE AT MAUNA LOA AVENUE. RECOMMENDATION Staff requests that the City Council authorize staff to solicit bids for a new traffic signal on Citrus Avenue and Mauna Loa Avenue and associated improvements including ADA ramps. BACKGROUND The Rosedale Environmental Impact Report identified traffic mitigation improvements at 15 intersections throughout the City. The traffic mitigation measures are required for the City's traffic infrastructure to handle the additional traffic load created by the Rosedale Project. One of the mitigation measures called for is installation of a new traffic signal at the intersection of Citrus Avenue and Mauna Loa Avenue. On September 8th, 2009 the City Council approved a contract with Transportation and Energy Solutions, Inc. to check for applicability and prepare plans and specifications for the subject mitigation measures. The construction plans and specifications are now complete for this particular intersection. The proposed project will satisfy a mitigation measure for the Rosedale Development and help minimize delays on Citrus through synchronization of this new traffic signal with the traffic signals north and south of this location. In addition, this signal will help meet a requirement by the City Council towards closure of the Viceroy Pedestrian Walkway as directed at the July 20, 2009 meeting. FISCAL IMPACT: Funds are available from Fund 37, CIP #66109E, Rosedale Traffic Mitigation. -1- AZUSA' 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/N9 DATE: NOVEMBER 16, 2009 SUBJECT: AUTHORIZATION TO ENTER INTO A MASTER AGREEMENT AND A PROGRAM SUPPLEMENT AGREEMENT FOR THE RECEIPT OF FEDERAL TRANSPORTATION FUNDING RECOMMENDATION It is recommended that the City Council authorize the City Manager to enter into a Master Agreement and Program Supplement Agreement with the California Department of Transportation (Caltrans) for the receipt of federal transportation funds for current and future projects. BACKGROUND In February 2009, Congress passed the American Recovery and Reinvestment Act (ARRA) which provided funding for job preservation and creation, infrastructure investment, and other important purposes. The City's per Capita amount of ARRA funding is $1,431,000, which has been applied to the Foothill Boulevard Reconstruction from Todd Avenue to Orange Avenue. ARRA funding will be provided on a reimbursement basis and no local match is required. Before federal transportation funds can be provided through Caltrans, the City and Caltrans must enter into a Master Agreement setting the terms and conditions for the receipt of federal funding. This Master Agreement is general in nature and would apply to all current and future federally-funded transportation projects funded through Caltrans. The Program Supplement Agreement adds specific projects under the Master Agreement. To date, the City has not administered a federally-funded project through Caltrans, therefore, a Master Agreement has not been required. The Foothill Boulevard Reconstruction Project is currently under construction and scheduled for completion in December 2009. The Master Agreement and Program Supplement Agreement must be executed before the City can be reimbursed for any project expenses. FISCAL IMPACT The Master Agreement and Program Supplement Agreement must be executed for the City to receive federal-aid transportation funding through Caltrans. To date, this amount is $1,431,000. Attachment: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, TO ENTER INTO A MASTER AGREEMENT AND PROGRAM SUPPLEMENT AGREEMENT WITH CALTRANS FOR THE RECEIPT OF FEDERAL TRANSPORTATION FUNDING WHEREAS, the City of Azusa is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation (Caltrans); and, WHEREAS, Master Agreements, Program Supplement Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements need to be executed with Caltrans before such funds could be claimed; and, WHEREAS, the City of Azusa wishes to delegate authorization to execute these agreements and any amendments thereto to the City Manager. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Azusa hereby authorizes the City Manager to enter into Master Agreements, Program Supplement Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements with Caltrans. SECTION 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED and ADOPTED this 16th day of November, 2009. By: Joseph R. Rocha, Mayor I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting held on the 16th day of November, 2009, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Vera Mendoza, City Clerk A gip .,, „. SOF _ .., : k =ot`W(P "`,;:.-F3- F- 0..„,,,44,,‘ . itii. 7 -rte x s" ,, v yw a u F§,§-. b „; `` C f': P. 7, .._` _».,.:.E..;,' :mv'&.:.«.s. ..-..4..S. a;:.,.r.:.....^..rs,...:a.,' '`::.^„ v''t. 4 ?a.., - _ : #1FbR'l'�� d,.#., �.:,;. ri .Zus 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)149 DATE: NOVEMBER 16, 2009 SUBJECT: CIP PROJECT: ZACATECAS PARK STORM DRAIN PROJECT (CIP #66510A)—NOTICE OF COMPLETION RECOMMENDATION It is recommended that the City Council approve the Notice of Completion for the following project and authorize staff to file the Notice of Completion with the Los Angeles County Clerk: • Zacatecas Park Storm Drain Project CIP #66510A — $135,012 - Alcon Colorado Engineering, Inc., Murrieta, CA BACKGROUND On September 8, 2009, the City Council awarded the construction contract for the Zacatecas Park Storm Drain Project to Alcon Colorado Engineering, Inc. in the amount of $145,391.40. Improvements included a new storm drain pipe, two catch basins to collect storm water runoff, new fencing and concrete paving for a portion of the First Street dump area. This CIP project collects the existing storm water from the storm drain piping located on the Waste Management property to the existing buried storm drain pipe within Zacatecas Park. The project has been completed in the amount of$135,012, below the budgeted amount. FISCAL IMPACT The award of contract project cost was $145,391.40, which was based on the bid amount and a 10% change order allowance. The actual project cost came in under budget at $135,012. The original FY 2009-2010 budgeted amount was $250,000. The project is listed in the approved FY 2009-2010 Capital Improvement Plan as projects #66510A, Fund 34. Attachment: Notice of Completion RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: NAME Azusa City Clerk STREET ADDRESS 213 E. Foothill Blvd. CITY,STATE& Azusa,CA 91702 ZIP CODE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion.(See reverse side for Complete requirements.) 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 Blvd.,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 November 4,2009 . The work done was: Storm drain improvements which included installation of a 48 inch storm drain pipe,two manholes,two catch basins,new chain link fencing,concrete apron and concrete paving. 8. The name of the contractor,if any,for such work of improvement was Alcon Colorado Engineering,Inc. September 8,2009 (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,and State of CA;and is described as follows: Zacatecas Park Storm Drain Project No.66510A. 10. The street address of said property is Zacatecas Park,924 W.First Street in the City of Azusa,CA. Joseph R. Rocha, Mayor Dated: (SIGNA'I URE OF OWNER OR CORPORATE OFFICER OF OWNER NAMED IN PARAGRAPH 2 OR HIS AGENT) VERIFICATION I,the undersigned,say:1 am the person who signed the foregoing notice. 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 at Azusa,California,this day of November 2009. (SIGNATURE) f AO 0 A. of. , c):4 r i ►zus .J 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 4,to DATE: NOVEMBER 16, 2009 SUBJECT: AWARD OF CONTRACT - HEAVY-DUTY DIESEL EXHAUST RETROFITS RECOMMENDATION It is recommended that the City Council award a contract to A-Z Emissions Solutions Group of Riverside, California in the amount of $47,773.12 for the purchase and installation of two (2) heavy- duty exhaust retrofits. BACKGROUND On September 8, 2009, the City Council authorized staff to solicit bids for the Heavy-Duty diesel exhaust retrofits. Originally, staff requested bids to retrofit five vehicles. However, after further investigation, three of the vehicles logged an average of less than 1,000 miles per year throughout the last three years. As a result, these vehicles are exempt from the California Air Resources Board (CARB) rule and will not be retrofitted. The two vehicles that require retrofit are a 2000 International Asphalt Truck and a 2001 Sterling Sewer Vactor Truck. Both vehicles are operated by the Public Works Department. The results of the bids are as follows: 1. Ironman, Corona, CA - $26,824.00* 2. Rush Truck Center, Pico Rivera, CA - $38,131.12* 3. A-Z Emission, Riverside, CA - $47,773.12 * Both bids were rejected because the bidders included the wrong filters on their submitted bids. • Ironman included passive filters rather than active filters that take up to 5 hours to recharge. • Rush Truck Center failed to include a second diesel particulate filter for the Sewer Vac Truck. FISCAL IMPACT The retrofit project was budgeted in the amount of$125,115 from the FY 09/10 Capital Outlay, and will be paid out of the AQMD Subvention Fund, account# 27-55-523-000-7140. 44017) (-)**, Al 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 4vti.) DATE: NOVEMBER 16, 2009 SUBJECT: FY 2009/10 CAPITAL IMPROVEMENT PLAN AMENDMENT AND AUTHORIZATION TO SOLICIT REQUEST FOR PROPOSALS FOR TOPOGRAPHIC SURVEY AND MAPPING SERVICES — CITRUS AVE./FOOTHILL BLVD. RECONSTRUCTION (CIP #6611 OA) RECOMMENDATION It is recommended that the City Council amend the 2009/2010 Capital Improvement Plan to include "Foothill Blvd. from Alosta Ave. to Citrus Ave." as a merged project with CIP #66110A, "Citrus Ave. Reconstruction." It is also recommended that the City Council authorize staff to solicit proposals to obtain topographic survey and mapping services for Citrus Ave. and Foothill Blvd. BACKGROUND The street segments of Citrus Ave. (Alosta Ave. to the northerly city limit) and Foothill Blvd. (Alosta Ave. to Citrus Ave.) are aged and deteriorated, requiring reconstruction. The Public Works Department requires topographic survey and mapping services to prepare contract documents for the improvement of those sections of Citrus Ave. and Foothill Blvd. FISCAL IMPACT Staff estimates the cost of the topographical surveying and mapping services to be approximately $30,000. Reconstruction costs for the sections of Foothill Blvd. and Citrus Ave. are estimated at $1,400,000. The Citrus Ave. Reconstruction Project was originally budgeted out of a combination of Prop 1 B, Metro Flex and Measure R Funds. Due to the competitiveness of the market, the reconstruction of Foothill Blvd. Phase II was $540,000 below the budgeted amount. Staff has worked with LACMTA to reprogram the $540,000 of ARRA (American Recovery & Reinvestment Act) funds for use on the Citrus Avenue Reconstruction Project. Staff recommends the use of Prop C funds (instead of the original Prop 1 B, Metro Flex, and Measure R funds) to cover the cost of the topographic survey and mapping services for the merged project as well as all costs in excess of $540,000 for construction costs associated with the merged project. The use of Prop C funds will be most suitable due to the lapsing stipulations associated with the funds. 4 or u 404! '4/F AZUSA AGENCY AGENDA ITEM TO: HONORABLE CHAIRPERSONONAND MEMBERS OF THE AGENCY BOARD FROM: KURT E. CHRISTIANSEN, ECONOMIC & COMMUNITY DEVELOPMENT DIRECTOR VIA: F. M. DELACH, EXECUTIVE DIRECTOR * DATE: NOVEMBER 16, 2009 SUBJECT: CONSIDERATION OF A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 606 GLENFINNAN AVENUE (BARRIENTOS) RECOMMENDATION It is recommended that the Redevelopment Agency Board of the City of Azusa ("Agency Board") authorize the Executive Director to execute a Purchase and Sale Agreement ("PSA") for the acquisition of real property located at 606 Glenfinnan Avenue (APN: 8612-001-063). It is also recommended that the Agency Board adopt an acquisition resolution for this proposed purchase, attached hereto as Exhibit B. BACKGROUND In order to eliminate blight in the Central Business District, the Agency Board adopted the Amended and Restated Redevelopment Plan for the Merged Central Business District and West End Redevelopment Project Area ("Project Area), in 2003. One vehicle for the elimination of blight is the assemblage of improved, odd-shaped parcels into a single, larger "squared-off' parcel. Such assemblage can have the economic benefit of: (a) eliminating any functional inefficiency or obsolescence caused by the "odd-shaped" nature of a parcel, and (b) creating a larger parcel that can accommodate certain projects (i.e. affordable housing developments) that smaller parcels would be unable to accommodate due to their size. Barrientos Property The property located at 606 Glenfinnan Avenue (Barrientos Property) is situated within the Project Area, and consists of one parcel containing a residential quadruplex. The residential structure totals 3,724 square feet, and the site measures approximately 6547 square feet. The property is owned by The Filemon and Martha Barrientos ("Sellers"). Assemblage of this parcel, with additional adjoining parcels, could produce a single parcel available for a future affordable housing development. The Honorable Chairman and Members of the Agency Board Subject:Acquisition of 606 Glenfinnan Avenue November 16,2009 Page 2 of 2 At the direction of the Agency Board, Peter Meyers, MAI, from Joseph J. Blake & Associates, Inc., appraised the property on February 14, 2009 and determined its fair market value to be $615,000. Agency staff and the property Seller, have negotiated, subject to Agency Board approval, a purchase price of$660,000 (Exhibit "A": Beltran Family Trust Purchase and Sale Agreement). The purchase price constitutes full and complete satisfaction of the Agency Board's obligations, if any, to provide Benefits to the Seller or Tenants and that the Seller shall compensate Tenants for any Benefits Tenants may be entitled to pursuant to State law, including but not limited to California Health and Safety Code section 33415, California Code of Civil Procedure section 1263.010, et seq., and/or California Government Code section 7260, et seq.. On January 28, 2009, the Azusa Planning Commission found the acquisition of the Barrientos Property to conform to the City of Azusa's General Plan. FISCAL IMPACT The total cost for the proposed acquisition is $660,000 excluding escrow costs (title report, etc). An additional $125,000 is needed for hazardous material abatement, demolition, fencing, legal and consulting fees. The proposed acquisition will be funded from the 2008 Housing Bonds. Attachments: Exhibit"A": 2009 REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS, (606 Glenfinnan Avenue), by and between Filemon Barrientos and Martha Barrientos Seller, and Buyer, The Redevelopment Agency of the City of Azusa, a public body, corporate and politic Exhibit"B": A Resolution of the Redevelopment Agency of the City of Azusa Approving a Purchase And Sale Agreement with Filemon Barrientos and Martha Barrientos, for the Purchase of 606 Glenfinnan Avneue (APN: 8612-001-063) in its Entirety Within the Merged Central Business District and West End Redevelopment Project Area EXHIBIT B RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING A PURCHASE AND SALE AGREEMENT WITH BELTRAN FAMILY TRUST FOR THE PURCHASE OF 606 GLENFINNAN AVENUE (APN 8612-001-063) IN ITS ENTIRETY WITHIN THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan of the City of Azusa ("Redevelopment Plan") as it pertains to the Merged Central Business District And West End Project Area("Project Area"); and WHEREAS, Filemon Barrientos and Martha Barrientos, ("Owner") are the owners of certain real property located within the Project Area, generally described as 606 Glenfinnan Avenue (APN: 8612-001-063) in its entirety ("Property"), and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the Owner desires to sell the Property to the Agency and the Agency desires to purchase the Property from the Owner in accordance with the terms and conditions set forth in the purchase and sale agreement attached hereto as Exhibit B and incorporated herein by reference ("Agreement"); and WHEREAS, the Agency is authorized to acquire the Property for purposes of redevelopment pursuant to Section 33391 of the Community Redevelopment law (Health & Safety Code § 33000, et seq); and WHEREAS, the acquisition of the Property will assist the Agency's goal to revitalize and improve the residential opportunities in the Project Area; and WHEREAS, this Agreement pertains to and affects the ability of the Agency to finance its activities and carry out its statutory obligations and the goals of the Redevelopment Plan. It is intended to be a contract within the meaning of Government Code §53511; and WHEREAS, in taking this action, the Agency has determined that the acquisition of the property is not a "project" under the provisions of the California Environmental Quality Act, the California Environmental Quality Act Guidelines (Title 14 C.C.R. §15004) and the City of Azusa's environmental procedures. NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Redevelopment Agency of the City of Azusa as follows: SECTION 1. All of the Recitals set forth above are true and correct. SECTION 2. Based on all of the foregoing, the Agency hereby approves the Agreement for the purchase of certain real property generally located at 606 Glenfinnan Avenue (APN: 8612- 001-063) in its entirety more particularly described in Exhibit A, and attached hereto and incorporated herein by reference. The Agency further authorizes the Executive Director to execute said Agreement. SECTION 3. A copy of the Agreement shall be kept on file at City Hall. Staff is directed to do all that is necessary to effectuate the intent of the Agreement and consummate the purchase of the Property. SECTION 4. The Agency Secretary shall certify the adoption of this Resolution. PASSED AND APPROVED this 16th day of November, 2009. Chairman I HEREBY CERTIFY that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Redevelopment Agency of the City of Azusa, at a regular meeting of said Board held on the 16th day of November, 2009, by the following vote of the Board: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Secretary Exhibit A To PSA Resolution Legal Description of Property • Lot 35 of Tract No. 27346, in the City of Azusa, County of Los Angeles, State of California, as per Map recorded in Book 699, Pages 22 and 23 of Maps, in the Office of the County Recorder of said County. Also Known as: 606 Glenfnnan Avenue#A, B, C, D, Azusa CA, 91702 [APN 8612-001-063] Exhibit B To PSA Resolution Real Property Purchase And Sale Agreement Please See: Exhibit"A" To The Staff Report Titled: Consideration of a Purchase and Sale Agreement for the Acquisition of Real Property Located at 606 Glenfinnan Avenue (Barrientos Property) Dated: November 16, 2009 2009 REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (606 Glenfinnan) By and between Seller, Filemon Barrientos and Martha Barrientos, husband and wife as joint tenants and Buyer, The Redevelopment Agency of the City of Azusa, a public body, corporate and politic Dated as of November 16, 2009, for reference purposes only ORANGEV NELSON\56240.1 2009 REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS 2009 REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this "Agreement") is dated as of November 17, 2009, for reference purposes only, and is entered into by and between the Redevelopment Agency of the City of Azusa, a public body, corporate and politic, exercising governmental functions and powers, and organized and existing pursuant to the Community Redevelopment Law of the State of California, Health and Safety Code Sections 33000, et seq. (the "Agency"), and Filemon Barrientos and Martha Barrientos, husband and wife as joint tenants ("Seller"). The Agency and Seller enter into this Agreement with reference to the following recited facts (each a"Recital"): RECITALS A. Seller is the owner in fee of certain real property located in the City of Azusa, County of Los Angeles, State of California commonly known as 606 Glenfinnan Avenue, Azusa, CA 91702 (Assessor Parcel Number 8612-001-063), more fully described in Exhibit "A" attached hereto and incorporated herein by reference ("Property"). The term "Property" as used herein shall include all of Seller's rights, title and interest in and to any and all improvements, fixtures, rights-of-way,utility rights, entitlements, claims or other benefits in any way connected with or appurtenant to the Property, including a multi-family residential four-plex building located on said certain real property. B. The Property is located within the Merged Central Business District and West End Redevelopment Project Area and governed by the Merged Central Business District and West End Redevelopment Plan for the Merged Central Business District and West End Project Area ("Redevelopment Plan"). This action for land assembly is in accordance with California Redevelopment Law and is consistent with the redevelopment objectives contained in the Redevelopment Plan. C. Agency desires to purchase the Property from Seller to use it for the purpose of land banking, and Seller desires to sell the Property to Agency for the same purpose. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION AND THE PROMISES AND COVENANTS OF THE AGENCY AND SELLER SET FORTH IN THIS AGREEMENT,THE AGENCY AND SELLER AGREE,AS FOLLOWS: ARTICLE 1 DEFINITIONS 1.1 Defined Terms. The following words, terms and phrases are used in this Agreement with the following meanings,unless the particular context of usage of a word,term or phrase requires another interpretation: ORANGEUNELSON\56240.1 1 1.1.1 "Agency" means the Redevelopment Agency of the City of Azusa, a public body, corporate and politic. 1.1.2 "Agency Parties"means, collectively,the Agency, its governing body, elected officials, employees, agents and attorneys. 1.1.3 "Agency Party"means, individually,the Agency, its governing body, elected officials, employees, agents or attorneys. 1.1.4 "Benefits" shall have the meaning ascribed to the term in Section 2.10. 1.1.5 "CEPA"means the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. 1.1.6 "CEQA Document"means any applicable exemption determination, any Negative Declaration (mitigated or otherwise) or any Environmental Impact Report (including any addendum or amendment to, or subsequent or supplemental Environmental Impact Report) required or permitted by the Agency,pursuant to CEQA,to approve this Agreement. 1.1.7 "City"means the City of Azusa, California. 1.1.8 "Claim"means any claim, loss, cost, damage, expense, liability, lien, action, cause of action (whether in tort, contract, under statute, at law, in equity or otherwise), charge, award, assessment,fine or penalty of any kind (including consultant and expert fees and expenses, Legal Costs of counsel retained by the Agency Parties, costs of staff time and investigation costs of whatever kind or nature), and any judgment, including any such matter relating to or arising from: (i) injury to any Person (including death at any time resulting from that injury); (ii) loss of, injury or damage to, or destruction of property(including all loss of use resulting from that loss, injury, damage, or destruction)regardless of where located, including the property of the Agency Parties; (iii) any matter described in Section 6.14 (Real Estate Commissions); (iv) any Environmental Claim; or(v) enforcement of any indemnity obligation under this Agreement. 1.1.9 "Close of Escrow"means completion of each of the actions set forth in Section 3.7 by the Escrow Agent for the conveyance of the Property from Seller to the Agency through the Escrow. 1.1.10 "County"means the County of Los Angeles, California. 1.1.11 "Default"means any Monetary Default or Non-Monetary Default. 1.1.12 "Default Interest"means interest at an annual rate equal to the lesser of: (i) 5 percent L52%)per annum; or (ii)the Usury Limit. 1.1.13 "Due Diligence Completion Notice"means a written Notice of the Agency delivered to both Seller and the Escrow Agent, prior to the end of the Due Diligence Period, stating the Agency's acceptance of the condition of the Property or indicating the Agency's rejection or conditional acceptance of the condition of the Property and refusal to accept a ORANGEVNELSON\56240.1 2 conveyance of the Property, describing in reasonable detail the actions that the Agency reasonably believes are necessary(if any)to allow the Agency to accept the condition of the Property and conveyance of the Property. 1.1.14 "Due Diligence Investigations"means the Agency's due diligence investigations of the Property to determine the suitability of the Property, including,without limitation, investigations of the environmental and geotechnical conditions of the Property, as deemed appropriate in the reasonable discretion of the Agency, all at the sole cost and expense of the Agency, except as otherwise specifically provided in this Agreement. 1.1.15 "Due Diligence Period"means the four hundred thirty(430) calendar day period commencing on the Escrow Opening Date and ending at 5:00 p.m. Pacific Time on the four hundred thirtieth (430th) consecutive calendar day thereafter. 1.1.16 "Effective Date"means the first date on which all of the following have occurred: (i) the Agency has received three (3) counterpart originals of this Agreement executed by the authorized representative(s) of Seller; (ii)the Agency has received a certified copy of the Seller Official Action executed by the authorized representative(s) of Seller; (iii) this Agreement is approved by the Agency governing body; (iv)this Agreement is executed by the authorized representative(s) of the Agency; and (v) one(1) original of this Agreement executed by the authorized representative(s) of the Agency has been delivered by the Agency to Seller. 1.1.17 "Environmental Claims"means any and all claims, demands, damages, losses,liabilities, obligations, penalties, fines, actions, causes of action,judgments, suits, proceedings, costs, disbursements and expenses, including Legal Costs and fees and costs of environmental consultants and other experts, and all foreseeable and unforeseeable damages or costs of any kind or of any nature whatsoever, directly or indirectly,relating to or arising from any actual or alleged violation of any Environmental Law or any Hazardous Substance Discharge occurring during or arising from Seller's ownership, use or occupancy of the Property or any other actions of or attributable to Seller regarding the Property. 1.1.18 "Environmental Law"means any Law regarding any of the following at, in,under, above, or upon the Property: (i) air, environmental, ground water, or soil conditions; or(ii) clean-up, remediation, control, disposal, generation, storage, release, discharge, transportation,use of,or liability or standards of conduct concerning, Hazardous Substances. 1.1.19 "Escrow"means an escrow, as defined in Civil Code Section 1057 and Financial Code Section 17003(a)that is conducted by the Escrow Agent with respect to the conveyance of the Property from Seller to the Agency,pursuant to this Agreement. 1.1.20 "Escrow Agent"means Four Seasons, Inc., in Encino, California, or such other Person mutually agreed upon in writing by both the Agency and Seller in writing. 1.1.21 "Escrow Agent Consent"means the Escrow Agent's consent to acting as Escrow Agent under this Agreement, in substantially the form of Exhibit"B"attached hereto and incorporated herein by reference. ORANGEUNELSON\56240.1 3 1.1.22 "Escrow Closing Date" means the earlier of: (i) on or before the thirtieth (30th) business day following the Escrow Agent's receipt of written confirmation from both the Agency and Seller of the satisfaction or waiver of all conditions precedent to the Close of Escrow or(ii) the forty-third (43rd) day following the end of the Due Diligence Period, 1.1.23 "Escrow Opening Date"means the first date on which a fully executed copy of this Agreement is deposited with the Escrow Agent. 1.1.24 "Event of Default"means the occurrence of any one or more of the following: 1.1.24.1 Monetary Default. A Monetary Default that continues for five ( 5 ) days after Notice from the non-defaulting Party, specifying in reasonable detail the amount of money not paid and the nature and calculation of each such payment; or 1.1.24.2 Non-Monetary Default. Any Non-Monetary Default that is not cured within five L5J days after Notice to the Party alleged to be in Default describing the Non-Monetary Default in reasonable detail, or,in the case of a Non-Monetary Default that cannot with reasonable diligence be cured within five( 5_) days after such Notice, if the Party alleged to be in Default does not do all of the following: (i)within five(5 )days after Notice of such Non-Monetary Default, advise the other Party of the intention of the Party alleged to be in Default to take all reasonable steps to cure such Non-Monetary Default; (ii) duly commence such cure within such period, and then diligently prosecute such cure to completion; and (iii) complete such cure within a reasonable time under the circumstances. 1.1.25 "Executive Director"means the Executive Director of the Agency or his or her designee or successor in function. 1.1.26 "Federal" means the government of the United States of America. 1.1.27 "Final"means,relative to any CEQA Document, when all administrative appeal periods regarding such matter have expired, all administrative appeals or challenges regarding such matter(if any) have been resolved to the Agency's reasonable satisfaction, all statutory periods for challenging such matter have expired, all referendum periods have expired, all referenda regarding such matter(if any)have been resolved to the Agency's reasonable satisfaction, all litigation or other proceedings (if any) challenging any such matter have been resolved to the reasonable satisfaction of the Agency and all appeal periods relating to any such litigation or other proceedings have expired. 1.1.28 "FIRPTA Certificate"means a certification that Seller is not a"foreign person"within the meaning of such term under Section 1445 of the United States Internal Revenue Code; as amended from time to time, and sufficient to exempt the Agency from the obligation to withhold any funds from Seller pursuant to Section 14/15 of the United States Internal Revenue Code, as amended from time to time. 1.1.29 "Form 593"means a California Franchise Tax Board Form 593-C or successor form. ORANGEUNELSON\56240.1 4 • 1.1.30 "Government"means each and every governmental agency, authority, bureau,department,quasi-governmental body,or other entity or instrumentality having or claiming jurisdiction over the Property(or any activity this Agreement allows), including the United States government,the State and County governments and their subdivisions and municipalities,the City and all other applicable governmental agencies,authorities, and subdivisions thereof. "Government"shall also include any planning commission, board of standards and appeals, department of buildings, city council, zoning board of appeals,design review board or committee or similar body having or claiming jurisdiction over the Property or any activities on or at the Property. 1.1.31 "Grant Deed"means a grant deed in substantially the form of Exhibit-C" attached hereto and incorporated herein by reference. 1.1.32 "Hazardous Substance"means flammable substances,explosives, radioactive materials, asbestos, asbestos-containing materials,polychlorinated biphenyls, chemicals known to cause cancer or reproductive toxicity,pollutants,contaminants,hazardous wastes,medical wastes, toxic substances or related materials,explosives,petroleum,petroleum products and any"hazardous"or"toxic"material, substance or waste that is defined by those or similar terms or is regulated as such under any Law, including any material, substance or waste that is: (i) defined as a"hazardous substance"under Section 311 of the Water Pollution Control Act(33 U.S.C. § 1317), as amended; (ii) substances designated as "hazardous substances" pursuant to 33 U.S.C. § 1321; (iii)defined as a"hazardous waste"under Section 1004 of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901,et seq.,as amended; (iv) defined as a"hazardous substance"or"hazardous waste"under Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980,as amended by the Superfund Reauthorization Act of 1986,42 U.S.C. § 9601,et seq.,or any so-called "superfund" or"superlien"law; (v)defined as a"pollutant"or"contaminant"under 42 U.S.C.A. § 9601(33);(vi) defined as"hazardous waste"under 40 C.F.R. Part 260; (vii)defined as a "hazardous chemical"under 29 C.F.R. Part 1910; (viii) any matter within the definition of "hazardous substance" set forth in 15 U.S.C. § 1262; (ix) any matter,waste or substance regulated under the Toxic Substances Control Act("TSCA") [15 U.S.C. Sections 2601,et seq.]; (x) any matter, waste or substance regulated under the Hazardous Materials Transportation Act, 49 U.S.C. Sections 1801, et seq.; (xi) those substances listed in the United States Department of Transportation (DOT)Table [49 CFR 172.101]; (xii) any matter, waste or substances designated by the EPA,or any successor authority,as a hazardous substance[40 CFR Part 302]; (xiii)any matter,waste or substances defined as"hazardous waste" in Section 25117 of the California Health and Safety Code; (xiv)any substance defined as a"hazardous substance"in Section 25316 of the California Health and Safety Code;(xv)any matter,waste, or substance that is subject to any other Law regulating, relating to or imposing obligations,liability or standards of conduct concerning protection of human health,plant life, animal life,natural resources,property or the enjoyment of life or property free from the presence in the environment of any solid, liquid, gas, odor or any form of energy from whatever source; or(xvi) other substances, materials,and wastes that are, or become, regulated or classified as hazardous or toxic under Law or in the regulations adopted pursuant to said Law,including manure, asbestos, polychlorinated biphenyl, flammable explosives and radioactive material. • ORANGEVNELSON\56240.1 5 1.1.33 "Hazardous Substance Discharge"means any deposit, discharge, generation,release,or spill of a Hazardous Substance that occurs at on., under,into or from the Property, or during transportation of any Hazardous Substance to or from the Property, or any activities conducted at on,under or from the Property or any adjacent or nearby real property,or resulting from seepage,leakage, or other transmission of Hazardous Substances from other real property to the Property, whether or not caused by a Party or whether occurring before or after the Effective Date. 1.1.34 "Indemnify"means, where this Agreement states that any Indemnitor shall "indemnify"any Indemnitee from, against, or for a particular Claim,that the Indemnitor shall indemnify the Indemnitee and defend and hold the Indemnitee harmless from and against such Claim (alleged or otherwise). "Indemnified" shall have the correlative meaning. 1.1.35 "Indemnitee"means any Person entitled to be Indemnified under the terms of this Agreement. 1.1.36 "Indemnitor"means a Person that agrees to Indemnify any other Person under the terms of this Agreement. 1.1.37 "Law"means every law, ordinance,requirement, order,proclamation, directive,rule, and regulation of any Government applicable to the Property, in any way, including any development,use,maintenance,taxation, operation, or occupancy of, or environmental conditions affecting the Property, or relating to any taxes, or otherwise relating to this Agreement or any Party's rights or remedies under this Agreement, or any transfer of any of the foregoing,whether in force on the Effective Date or passed, enacted, modified, amended or imposed at some later time, subject in all cases,however,to any applicable waiver, variance, or exemption. 1.1.38 "Legal Costs"of any Person means all reasonable costs and expenses such Person incurs in any legal proceeding (or other matter for which such Person is entitled to be reimbursed for its Legal Costs), including reasonable attorneys' fees, court costs and expenses and consultant and expert witness fees and expenses. 1.1.39 "Monetary Default"means any failure by either Party to pay or deposit, when and as this Agreement requires, any amount of money, any bond or surety or evidence of any insurance coverage required to be provided under this Agreement,whether to or with a Party or a third-Person. 1.1.40 "Non-Monetary Default" means the occurrence of any of the following, except to the extent constituting a Monetary Default: (i) any failure of a Party to perform any of its obligations under this Agreement; (ii) a Party's failure to comply with any material restriction or prohibition in this Agreement; or(iii) any other event or circumstance that,with passage of time or giving of Notice, or both, or neither,would constitute a breach of this Agreement. 1.1.41 "Notice"means any consent,demand, designation, election,notice, or request relating to this Agreement, including any Notice of Default. All Notices must be in writing. ORANGEUNELSON\56240.1 6 1.1.42 "Notice of Default" means any Notice claiming or giving Notice of a Default. 1.1.43 "Notify"means give a Notice. 1.1.44 "Occupant Release and Estoppel"means the release and estoppel, in substantially the form of Exhibit"D" attached hereto and incorporated herein by reference. 1.1.45 "Parties"means, collectively, the Agency and Seller. 1.1.46 "Party"means, individually, either the Agency or Seller, as applicable. 1.1.47 "PCO Report"means a preliminary change of ownership report required under California Revenue and Taxation Code Section 480.3. 1.1.48 "Permitted Exceptions"means(i)any and all items shown in Schedule B of the Preliminary Report,as exceptions to coverage under the proposed Title Policy,that the Agency does not disapprove, conditionally approve, or that are otherwise accepted or consented to by the Agency; (ii) any exceptions from coverage under the proposed Title Policy resulting from the Agency's activities relating to the Property; (iii) any lien for non-delinquent property taxes or assessments; (iv) any Laws applicable to the Property; (v)the Redevelopment Plan; (vi) this Agreement; and (vii) any other matter expressly provided for in this Agreement. 1.1.49 "Person"means any association, corporation, governmental entity or agency, individual,joint venture,joint-stock company, limited liability company,partnership, trust, unincorporated organization, or other entity of any kind. 1.1.50 "Preliminary Report"means a preliminary report issued by the Title Company in contemplation of the issuance of the Title Policy, accompanied by copies of all documents listed in Schedule B of the report, as exceptions to coverage under the proposed Title Policy. 1.1.51 "Property"means that certain real property commonly known as 606 Glen.finnan.Avenue, Azusa,CA 91702,more specifically legally described in Exhibit"A" attached to this Agreement, including all appurtenant rights and interests. 1.1.52 "Purchase Price"means the amount of six hundred sixty thousand dollars and no cents ($660,000.00). 1.1.53 "Real Estate Taxes"All general and special real estate taxes (including taxes on personal property, sales taxes, use taxes, and the like),possessory interest taxes,taxes payable pursuant to California Health and Safety Code Section 33673, special taxes imposed pursuant to the Mello-Roos Community Facilities District Act, assessments, assessment district charges or taxes, municipal water and sewer rents,rates and charges, excises, levies, license and permit fees, fines, penalties and other Governmental charges and any interest or costs with respect thereto, general and special, ordinary and extraordinary, foreseen and unforeseen, of any kind and nature whatsoever that may be assessed, levied, imposed upon, or become due and payable out of or in respect of,or charged with respect to or become a lien on, the Property, or ORANGEITNELSON156240.1 7 any vault,passageway or space in, over or under any street, or any other appurtenances of the Property,or any personal property or facility used in the operation of the Property,or the rent or income received from the Property,or any use or occupancy of the Property. 1.1.54 "Record,""recorded,""recording"or"recordation"each mean recordation of the referenced document in the official records of the County. 1.1.55 "Redevelopment Plan"means the Merged Central Business District and West End Redevelopment Plan for the City of Azusa, California,as amended from time to time. 1.1.56 "Seller"means Filemon Barrientos and Martha Barrientos,husband and wife as joint tenants,or their assignees. 1.1.57 "Seller Parties"means, collectively,the directors,officers, employees and agents of Seller. 1.1.58 "Seller Party"means, individually, the directors, officers, employees or agents of Seller. 1.1.59 "State"means the State of California. 1.1.60 "Tenant"or `Tenants',means any and all persons or entities who legally resided or had rights to possession of the property as of the date the Agency and Seller commenced negotiations for the sale of the Property, including but not limited to: Tenant Name G Y\,S.A I.O , currently leasing Unit A Tenant Name:— _ _ ,currently leasing Unit B Tenant Name 05c51 VYr C) ,currently leasing Unit C a Tenant Name �C�'L� , currently leasing Unit D 1.1.61 "Title Company"means Lawyers Title Insurance Corporation, in Burbank, California, or such other title insurance company mutually agreed upon between both the Agency and Seller in writing. 1.1.62 "Title Notice"means a written Notice from the Agency to both Seller and the Escrow Agent indicating the Agency's acceptance of the state of the title to the Property,as described in the Preliminary Report and the Survey, or the Agency's disapproval or conditional approval of specific matters shown in: (i) Schedule B of the Preliminary Report,as exceptions to coverage under the proposed Title Policy, or(ii)in the Survey, describing in suitable detail the actions that the Agency reasonably believes are necessary to obtain the Agency's approval of the state of the title to the Property. 1.1.63 "Title Notice Response"means the written response of Seller to the Agency's Title Notice, in which Seller elects to either: (i)cause the removal from the • Preliminary Report or the Survey of any matter disapproved in the Agency's Title Notice,(ii) ORANGEVNEISONl56240.1 8 9 obtain title or other insurance in a form reasonably satisfactory to the Agency insuring against the effects of any matters disapproved or conditionally approved in the Agency's Title Notice, (iii) otherwise satisfy the Agency regarding any matter disapproved or conditionally approved in the Agency's Title Notice, or(iv) not take any action described in either(i), (ii) or(iii). 1.1.64 "Title Notice Waiver"means a written Notice from the Agency to both Seller and the Escrow Agent waiving the Agency's previous disapproval or conditional approval in the Agency's Title Notice of specific matters shown in: (i) Schedule B of the Preliminary Report,as exceptions to coverage under the proposed Title Policy,or(ii)the Survey,that Seller has not agreed to address to the Agency's reasonable satisfaction in the Title Notice Response. 1.1.65 "Title Policy"means an extended coverage owner's policy of title insurance issued by the Title Company,with coverage in the amount of the Purchase Price and insuring title to the Property vested in the Agency, subject to only the Permitted Exceptions. 1.1.66 "Unavoidable Delay"means a delay in either Party performing any obligation under this Agreement, except payment of money, arising from or on account of any cause whatsoever beyond the Party's reasonable control, despite such Party's reasonable diligent efforts, including industry-wide strikes, labor troubles or other union activities (but only to the extent such actions do not result from an act or omission of the Party), casualty, war, acts of terrorism,riots, litigation, Government action or refusal to act when or as required by Law or inability to obtain materials. Unavoidable Delay shall not include delay caused by a Party's financial condition, illiquidity,or insolvency. 1.1.67 "Usury Limit"means the highest rate of interest, if any, that Law allows under the circumstances. ARTICLE 2 CONVEYANCE OF PROPERTY 2.1 Escrow. Seller shall sell and convey fee title to the Property to the Agency and the Agency shall purchase and acquire fee title to the Property from Seller,pursuant to the terms and conditions of this Agreement. For the purposes of exchanging funds and documents to effect such purchase and sale of the Property between them,the Agency and Seller agree to open the Escrow with the Escrow Agent. The provisions of ARTICLE 3 of this Agreement are the joint escrow instructions of the Parties to the Escrow Agent for conducting the Escrow. If requested by the Escrow Agent, Seller and the Agency shall execute the Escrow Agent's reasonable standard or general escrow instructions. Any provision in the Escrow Agent's standard or general escrow instructions that purports to exculpate the Escrow Agent from or require Seller or the Agency to indemnify the Escrow Agent against the Escrow Agent's negligence or willful misconduct shall be deemed "unreasonable"and shall not be included in any standard or general escrow instructions requested by the Escrow Agent. In the event of any conflict between the provisions of this Agreement and any standard or general escrow instructions requested by the Escrow Agent, the provisions of this Agreement shall be controlling. ORANGEUNELSON\56240.1 9 2.2 Seller's Disclosure Documents. Seller shall complete an A.I.R. Property Information Sheet and Seller's Mandatory Disclosure Report, as required by California Law. Said documents shall be delivered to the Agency within the first Seven( 7 )days of Agency's Due Diligence Period. 2.3 Agency Deposits. 2.3.1 Purchase Deposit. Within ten( 10 ) days after the Escrow Opening Date, Agency shall deposit thirty-five thousand dollars and no cents ($35,000.00) into Escrow which shall be applicable to the Purchase Price but refundable to the Agency at any time prior to the expiration of the Due Diligence Period. After the expiration of the Due Diligence Period, the foregoing deposit shall be non-refundable to the Agency, except in the event of a Default by Seller. Escrow shall deposit Agency's funds into an FDIC insured interest bearing account for the Agency's benefit. 2.4 Seller Deposits. Prior to the end of the Due Diligence Period, Seller shall deposit fully executed copies of the"Occupant Release and Estoppel" for all Tenants and proof that all Tenants have received their security deposit. 2.5 Payment of Purchase Price. The Agency shall deposit the Purchase Price into Escrow in immediately available funds on or prior to the Escrow Closing Date. 2.6 Title Approval. 2.6.1 Title Notice. Within fifteen(_15 j days after the Escrow Opening Date, Seller shall obtain the Preliminary Report from the Title Company, and deliver a copy of the Preliminary Report to the Agency. Within fifteen L15_) days following the Agency's receipt of the Preliminary Report, the Agency shall deliver the Title Notice to both Seller and the Escrow Agent. 2.6.2 Failure to Deliver Title Notice. If the Agency fails to deliver the Title Notice to Seller and the Escrow Agent, within fifteen L15 days following the Agency's receipt of the Preliminary Report,the Agency will be deemed to disapprove the status of title to the Property and refuse to accept conveyance of the Property and both the Agency and Seller shall have the right to cancel the Escrow and terminate this Agreement, in their respective sole and absolute discretion, until such time(if ever) as the Agency sends the Title Notice. 2.6.3 Title Notice Response. Within fifteen cup days following the earlier of: (i) Seller's receipt of the Title Notice or(ii) expiration of the time period provided in this Section 2.6 for delivery of the Title Notice, Seller shall deliver the Title Notice Response to both the Agency and the Escrow Agent. If the Title Notice does not disapprove or conditionally approve any matter in the Preliminary Report or the Agency fails to deliver the Title Notice, Seller shall not be required to deliver the Title Notice Response. If Seller does not deliver the Title Notice Response, if necessary,within fifteen ( 15_.) days following its receipt of the Title Notice, Seller shall be deemed to elect not to take any action in reference to the Title Notice. If Seller elects in the Title Notice Response to take any action in reference to the Title Notice, ORANGEUNELSON\56240.1 10 Seller shall complete such action,prior to the Escrow Closing Date or as otherwise specified in the Title Notice Response. 2.6.4 Title Notice Waiver. If Seller elects or is deemed to have elected not to address one or more matters set forth in the Title Notice to the Agency's reasonable satisfaction, then within fifteen ( 15 ) days after the Agency's receipt of the Seller's Title Notice response or the last date for the Seller to deliver its Title Notice Response, the Agency shall either: (i)refuse to accept the title to and conveyance of the Property, or(ii) waive its disapproval or conditional approval of all such matters set forth in the Title Notice by delivering the Title Notice Waiver to both Seller and the Escrow Agent. Failure by the Agency to timely deliver the Title Notice Waiver, where the Title Notice Response or Seller's failure to deliver the Title Notice Response result in Seller's election not to address one or more matters set forth in the Title Notice to the Agency's reasonable satisfaction,will be deemed the Agency's continued refusal to accept the title to and conveyance of the Property, in which case both the Agency and Seller shall have the right to cancel the Escrow and terminate this Agreement,in their respective sole and absolute discretion, until such time(if ever) as the Agency sends the Title Notice Waiver. 2.6.5 Disapproval of Encumbrances Securing Seller Obligations. Notwithstanding any other provision of this Agreement,the Agency disapproves any and all encumbrances against the Property securing monetary or performance obligations of Seller. All such encumbrances shall be removed from the Property prior to the Close of Escrow by Seller, at its sole cost and expense. 2.6.6 No Termination Liability. Any termination of this Agreement and cancellation of the Escrow pursuant to this Section 2.6 shall be without liability to the other Party or any other Person, and shall be accomplished by delivery of a written Notice of termination to both the other Party and the Escrow Agent, in which case the Parties and the Escrow Agent shall proceed pursuant to Section 3.14. 2.7 Due Diligence Investigations. 2.7.1 License to Enter. Seller licenses the Agency and its contractors to enter the Property for the purpose of undertaking the Due Diligence Investigations as the Agency deems necessary and appropriate. The Agency may sub-license to its agents, contractors, or their sub-contractors to enter the Property for the purpose of conducting Due Diligence Investigations under the license given in this Section 2.7.1, subject to all of the provisions of this Section 2.7.1 applicable to the Agency. The license given in this Section 2.7.1 shall only be effective until the earlier of: (i)the end of the Due Diligence Period or(ii)the date of the Agency's delivery of its Due Diligence Completion Notice. The Agency shall conduct all Due Diligence Investigations during the Due Diligence Period and at its sole cost and expense. The Agency shall abide by any reasonable condition(s) of entry onto the Property required by Seller, whether or not set forth in this Agreement. Any Due Diligence Investigations by the Agency shall not unreasonably disrupt any then existing use or occupancy of the Property. Agency agrees to notify Seller prior to entering the Property to conduct Due Diligence Investigations,but in no event will Agency make contact with any tenants of the Property and/or disclose the pending transaction with such tenants. ORANGEUNELSON\56240.1 11 2.7.2 Limitations. The Agency shall not conduct any intrusive or destructive testing of any portion of the Property, other than low volume soil samples,without Seller's prior written consent. Following the conduct of any Due Diligence Investigations on the Property,the Agency shall restore the Property to substantially its condition prior to the conduct of such Due Diligence Investigations. 2.7.3 Indemnity. The activities of the Agency directly or indirectly related to the Due Diligence Investigations shall be subject to the Agency's indemnity obligations under Section 5.3 of this Agreement. 2.7.4 Due Diligence Completion Notice. The Agency shall deliver a Due Diligence Completion Notice to both Seller and the Escrow Agent,prior to the end of the Due Diligence Period. The Agency shall notify the Seller in writing of its intention to delivery the Due Diligence Completion Notice at least one hundred twenty(120)days prior to the delivery date. If the Agency does not accept the condition of the Property by delivery of its Due Diligence Completion Notice stating such acceptance, prior to the end of the Due Diligence Period, the Agency shall be deemed to have rejected the condition of the Property and refused to accept conveyance of the Property. If the condition of the Property is rejected or deemed rejected by the Agency, then either the Agency or Seller shall have the right to cancel the Escrow and terminate this Agreement, in their respective sole and absolute discretion,until such time(if ever) as the Agency delivers the Due Diligence Completion Notice stating the Agency's acceptance of the condition of the Property. Any termination of this Agreement and cancellation of the Escrow,pursuant to this Section 2.7.4, shall be without liability to the other Party or any other Person, and shall be accomplished by delivery of a written Notice of termination to the other Party and the Escrow Agent,in which case the Parties and the Escrow Agent shall proceed pursuant to Section 3.14. Notwithstanding any other provision of this Agreement, the Agency may reject the condition of the Property at any time during the Due Diligence Period for any reason or no reason, in the Agency's sole and absolute discretion. 2.7.5 As-Is Purchase. The Agency acknowledges that it has or will make such independent factual,physical and legal examinations, inquiries,inspections, investigations,tests and studies as it deems necessary or desirable with respect to the Property and the transactions contemplated by this Agreement, and that it is purchasing the Property on an"AS-IS, WHERE IS,WITH ALL FAULTS BASIS"and is relying upon its own independent factual,physical and legal examinations, inquiries, inspections, investigations, tests and studies and the materials and information prepared by the Agency or by third parties at the Agency's request in electing to purchase the Property. 2.8 Eminent Domain. If any portion of the Property or any interest in any portion of the Property,becomes the subject of any eminent domain proceeding prior to Close of Escrow other than such a proceeding by the Agency, including, without limitation, the filing of any notice of intended condemnation or proceedings in the nature of eminent domain, commenced by any governmental authority, other than the Agency, Seller shall immediately give the Agency Notice of such occurrence, and the Agency shall have the option, exercisable within five L5 j business days after receipt of such Notice from Seller, to either: (i) cancel the Escrow and terminate this Agreement or(ii) continue with this Agreement in accordance with its terms, in ORANGEUNELSON\56240.1 12 which event Seller shall assign to the Agency any right of Seller to receive any condemnation award attributable to the Property. 2.9 Seller Covenants Regarding Maintenance of the Property. 2.9.1 Covenants. Seller covenants and agrees with the Agency that between the Effective Date and the Escrow Closing Date: 2.9.1.1 No Changes to Agreements. Seller shall not modify or amend any lease or any service contract respecting the Property, or enter into any new lease or contract respecting the Property, without the Agency's prior written approval. Seller may pursue the lawful termination of any lease provided the tenant is in material breach thereof; 2.9.1.2 Normal Maintenance. Except as required by Section 3.3.8 of this Agreement, Seller shall maintain the Property in accordance with the same standards Seller has customarily observed in its ownership and management of the Property,but if damages to the Property are incurred Seller shall not be held liable; 2.9.1.3 Maintenance of Insurance. Seller shall maintain in force all insurance policies currently maintained by Seller with respect to the Property; 2.9.1.4 No Title Exceptions. Seller shall not cause,permit, allow or suffer any additional exception to the title to the Property; 2.9.1.5 Condition of Property. Except as required by Section 3.3.8 of this Agreement, Seller shall deliver Property at the Close of Escrow in its current as-is condition. 2.9.2 No Merger. Seller's covenants in this Section 2.9 shall not be merged with the Grant Deed, shall survive the Close of Escrow for the full statutory period, and shall automatically be deemed made for the benefit of, and enforceable by the Agency and its successors and assigns. 2.10 Seller and Tenant Waiver of Relocation Benefits and Owner Participation Rights. 2.10.1 Representations and Warranties;Waivers and Releases. 2.10.1.1 Seller acknowledges that, pursuant to applicable provisions of State law, Seller and Tenants may be entitled to relocation assistance,the payment of certain relocation expenses,payments for loss of goodwill,just compensation,inverse condemnation, unlawful pre-condemnation conduct and other benefits and reimbursements relating to the Agency's acquisition of the Property(collectively,the"Benefits")that are not expressly or independently set forth in this Agreement. Seller, on behalf of itself, its administrators, successors and assigns, acknowledges and agrees that the Agency's performance under this Agreement and payment of the Purchase Price constitutes full and complete satisfaction of the Agency's obligations, if any, to provide the Benefits to Seller or Tenant and that Seller shall compensate Tenant for any Benefits Tenant may be entitled to pursuant to State law, including ORANGEUNELSON\56240.1 13 but not limited to California Health and Safety Code section 33415, California Code of Civil Procedure section 1263.010,et seq., and/or California Government Code section 7260, et seq.. 2.10.1.2 Seller represents and warrants to the Agency that no portion of the Property has been used or occupied by any Person other than Seller and its Tenants for more than one hundred eighty(180) days prior to the Effective Date. Seller hereby waives, to the maximum extent permitted by Law,any right or entitlement to relocation assistance or Benefits from the Agency as a result of the transactions contemplated by this Agreement. With respect to relocation assistance or Benefits, Seller acknowledges that it may have sustained damage,loss, costs or expenses that are presently unknown and unsuspected, and such damage, loss, costs or expenses that may have been sustained,may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges and agrees that this Agreement has been negotiated and agreed upon in reliance on the waivers and releases contained in this Section 2.10 by Seller, including the Purchase Price and all other terms and conditions. Seller acknowledges that the waivers given in this Section 2.10 are made by Seller after being fully informed of its rights by legal counsel of its own selection and are made knowingly and intentionally. With reference to the representations and warranties made and the waivers given in this Section 2.10, Seller,to the maximum extent permitted by Law,hereby waive the application of and any rights it might have under California Civil Code Section 1542 or under any statute or common law or equitable principal or similar effect. California Civil • Code Section 1542 reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. 2.10.2 Indemnification. Seller agrees to Indemnify the Agency against any claims for any Benefits relating to or arising from the transactions contemplated in this Agreement. This shall include any claims for Benefits brought by any Tenant against the Agency. 2.10.3 Initials. The representations, warranties, acknowledgments, waivers and releases contained in this Section 2.10 shall survive the Close of Escrow. Initials of Authorized Seller Representative(s) 2.10.4 Owner Participation Rights. Seller acknowledges that the Property is located within the Agency's Merged Central Business District and West End Project Area. Seller also acknowledges that pursuant to CRL Sections 33339, 33345 and 33380, each redevelopment plan must provide for the opportunity for participation of owners in the redevelopment of the ORANGEUNELSON`56240.I 14 property if the owners agree to participate in conformity with the terms of the redevelopment plan("Owner Participation Rights"). The Redevelopment Plan contains Rules Governing Participation and Reentry Preferences for Property Owners, Operators of Businesses, and Business Tenants for the Merged Central Business District and West End Project Area("Owner Participation Rights"). Seller hereby waives any Owner Participation Rights pursuant to the Redevelopment Plan and CRL to participate in the redevelopment of the Property. In lieu of exercising said Owner Participation Rights and participating in the redevelopment of the Property, Seller desires to sell to Agency the Property pursuant to the terms and conditions of this Agreement. 2.11 Seller Representations and Warranties. 2.11.1 Litigation. There is no pending or threatened private or governmental litigation by any governmental authority or person against Seller relating to the Property that might, if it and all other pending and threatened litigation were adversely determined, result in a material adverse change in the Property or its operation or that challenges the validity of or otherwise materially adversely affects the transactions contemplated by this Agreement. 2.11.2 Other Proceedings. No attachments, execution proceedings, assignments for the benefit of creditors, insolvency,bankruptcy, reorganization, or other proceedings are pending or threatened against Seller or Seller's interest in the Property, nor are any such proceedings contemplated by Seller. 2.11.3 Governmental Action. Seller has no knowledge of, nor has Seller received written notice of, any plan, study,or effort by any Person that in any way would materially affect the use of the Property or any portion of it for its current use or of any intended public improvements that would result in any charge being levied against, or any lien assessed on,the Property. 2.11.4 Condemnation. Seller has received no notice of any presently pending or contemplated special assessments or proceedings to condemn or demolish the Property or any part of it or any proceedings to declare the Property or any part of it a nuisance. 2.11.5 Development Rights.Neither Seller nor any previous owner of the Property has, except by operation of law, sold, transferred, conveyed, or entered into any agreement regarding"air rights," "excess floor area ratio,"or other development rights or restrictions relating to the Property, except as otherwise expressly set forth in the Preliminary Report. 2.11.6 Title to the Property. Seller has good and marketable title to the Property. Seller has no actual knowledge of any unrecorded or undisclosed legal or equitable interest in the Property owned or claimed by anyone other than Seller, or its tenants with Leases. Seller has no knowledge that anyone will, at the Close of Escrow,have any right to possession of the Property, except its tenants with Leases, and except as disclosed by this Agreement or otherwise in writing to the Agency. There are no unsatisfied mechanics' or materialmen's lien rights on the Property. No assessment lien or bond encumbers the Property, and no governmental authority has undertaken any action that could give rise to an assessment lien affecting the Property. ORANGEUNELSON\56240.1 15 2.11.7 No Hazardous Substances. There are no environmental,health or safety hazards on, under, or about(including any area surrounding the Property)the Property,including but not limited to soil and groundwater conditions. Neither Seller nor any third-Person (including but not limited to Seller's predecessors in title to the Property)has used or installed any underground tank, or used, generated,manufactured, treated, stored, placed,deposited,or disposed of on,under, or about the Property or transported to or from the Property any Hazardous Substance. 2.11.8 No Notice of Violation of Environmental Laws. The Property is not in violation of any Environmental Law. Seller has not received any Notice from any Government that the Property or any adjoining property contains or may contain any Hazardous Substance in violation of any Environmental Law or that Seller has stored,used or maintained any Hazardous Substance or suffered, permitted, allowed or acquiesced in any storage, use or maintenance of any Hazardous Substance on, in or under the Property in violation of any Environmental Law. 2.11.9 Compliance with Relocation Obligations. Seller hereby warrants and represents that Seller had commenced removing all Tenants from the property prior to contacting the Agency regarding acquisition of the Property. Seller had commenced removing the Tenants from the Property due to needed maintenance and repair work that needed to be completed prior to the unit being occupied. Seller further hereby represents and warrants that prior to the completion of the Due Diligence Period Seller has or will have taken any legally required steps to comply with any applicable laws regarding the relocation and displacement of Tenants. 2.11.10 Tenant Security Deposit. Seller hereby warrants and represents that prior to the completion of the Due Diligence Period Seller has or will have returned to the previous Tenants the entire security deposit Tenant had provided to Seller. 2.11.11 No Other Representations or Warranties. Other than the express representations and warranties contained in this Agreement, Seller makes no warranty or representation, express or implied to the Agency regarding the Property. ARTICLE 3 JOINT ESCROW INSTRUCTIONS 3.1 Opening of Escrow. The Agency and Seller shall cause the Escrow to be opened within seven ( 7 ) days following the Effective Date. The Escrow Agent shall promptly confirm the Escrow Opening Date in writing to each of the Parties,with a copy of the Escrow Agent Consent executed by the authorized representative(s) of the Escrow Agent. The provisions of this ARTICLE 3 are the joint escrow instructions of the Agency and Seller to the Escrow Agent for conducting the Escrow. 3.2 Escrow Agent Authority. The Agency and Seller authorize the Escrow Agent to: 3.2.1 Charges. Pay and charge the Agency and Seller for their respective shares of the applicable fees,taxes, charges and costs payable by either the Agency or Seller regarding the Escrow; ORANGEUNELSON`36240.1 16 3.2.2 Settlement/Closing Statements. Release each Party's Escrow settlement/closing statement to the other Party; and 3.2.3 Document Recording. File any documents delivered for recording through the Escrow with the office of the Recorder of the County for recordation in the official records of the County,pursuant to the joint instructions of the Parties. 3.2.4 Counterpart Documents. Utilize documents that have been signed by the Agency and Seller in counterparts. 3.3 Agency's Conditions to Close of Escrow. Provided that the failure of any such condition to be satisfied is not due to a Default under this Agreement by the Agency,the Agency's obligation to purchase and acquire fee title to the Property from Seller pursuant to this Agreement on the Escrow Closing Date shall be subject to the satisfaction or waiver of each of the following conditions precedent, each of which can only be waived in writing by the Agency: 3.3.1 Title. The Agency agrees to accept conveyance of the Property,pursuant to Section 2.6; 3.3.2 Due Diligence. The Agency delivers its Due Diligence Completion Notice to both Seller and the Escrow Agent stating the Agency's acceptance of the condition of the Property; 3.3.3 Title Policy. The Title Company is,upon payment of the Title Company's standard premium for an insurance policy such as the Title Policy, irrevocably and unconditionally committed to issue the Title Policy to the Agency, at the Close of Escrow; 3.3.4 CEQA Documents. Final adoption, approval or certification of the CEQA Documents; 3.3.5 Consistency Finding. The Planning Commission of the City has determined that the acquisition of fee title to the Property by the Agency pursuant to this Agreement is consistent with the City's General Plan, in accordance with Government Code Section 65402; 3.3.6 Real Estate Taxes. All Real Estate Taxes are paid current by Seller; 3.3.7 Seller Escrow Deposits. Seller deposits all of the items into the Escrow required by Section 3.6; 3.3.8 Status of Property. The Property shall be vacant and all doors,windows and other openings shall be boarded up or otherwise secured with plywood or other material. The Property shall be boarded up and/or secured at Seller's sole expense. 3.3.9 Settlement/Closing Statement. The Agency approves the Escrow Agent's estimated Escrow closing/settlement statement; and ORANGEVNELSON56240.1 17 3.3.10 Seller Pre-Closing Obligations. Seller performs all of its material obligations required to be performed by Seller under this Agreement prior to the Close of Escrow. 3.4 Seller's Conditions to Close of Escrow. Provided that the failure of any such condition to be satisfied is not due to a Default under this Agreement by Seller, Seller's obligation to sell and convey fee title to the Property to the Agency pursuant to this Agreement on or before the Escrow Closing Date shall be subject to the satisfaction or waiver of each of the following conditions precedent, each of which can only be waived in writing by Seller: 3.4.1 Title. The Agency agrees to accept the conveyance of the Property, pursuant to Section 2.6; 3.4.2 Due Diligence. The Agency delivers its Due Diligence Completion Notice to both Seller and the Escrow Agent stating the Agency's acceptance of the condition of the Property; 3.4.3 Title Policy. The Title Company is, upon payment of the Title Company's standard premium for an insurance policy such as the Title Policy, irrevocably and unconditionally committed to issue the Title Policy to the Agency, at the Close of Escrow; 3.4.4 CEQA Documents. Final adoption, approval or certification of the CEQA Documents; 3.4.5 Agency Escrow Deposits. The Agency deposits all of the items into the Escrow required by Section 3.5; 3.4.6 Settlement/Closing Statement. Seller approves the Escrow Agent's estimated Escrow closing/settlement statement; and 3.4.7 Agency Pre-Closing Obligations. The Agency performs all of its material obligations required to be performed by the Agency under this Agreement prior to the Close of Escrow. 3.5 Agency's Escrow Deposits. At least one(1)business day prior to the Escrow Closing Date scheduled by the Escrow Agent in a writing delivered to both of the Parties,the Agency shall deposit the following described funds and documents into the Escrow and, concurrently, provide a copy of each such document to Seller: 3.5.1 Purchase Price. The Purchase Price; 3.5.2 Certificate of Acceptance. A certificate of acceptance of the Grant Deed, in substantially the form attached to the Grant Deed, executed by the authorized representative(s) of the Agency in recordable form; 3.5.3 PCO Report. A PCO Report completed and signed by the authorized representative(s) of the Agency; ORANGEUNEISON`56240.I 18 3.5.4 Business License Fee Credit. Up to zero dollars and no cents ($0.00) credited to the Seller for the cost of business license fees paid by the Seller to the City. 3.5.5 Other Funds and.Documents. Such other funds or documents required from the Agency under the terms of this Agreement to close the Escrow or by the Escrow Agent in the performance of the Escrow Agent's contractual or statutory obligations relating to the Escrow. 3.6 Seller's Escrow Deposits. Unless expressly provided otherwise, at least one(1) business day prior to the Escrow Closing Date scheduled by the Escrow Agent in a writing delivered to both of the Parties, Seller shall deposit the following described funds and documents into the Escrow and, concurrently,provide a copy of each such document to the Agency: 3.6.1 Grant Deed. The Grant Deed executed by the authorized representative(s) of Seller, in recordable form; 3.6.2 FIRPTA Certificate. The FIRPTA Certificate completed and signed by the authorized representative(s) of Seller; 3.6.3 Form 593. A Form 593 completed and signed by the authorized representative(s) of Seller; 3.6.4 Occupant Release and Estoppel. Prior to completion of the Due Diligence Period, Seller shall deposit with Escrow fully executed copies of the "Occupant Release and Estoppel"signed by all Tenants. 3.6.5 Notice of Good Standing and Security Deposits. Prior to completion of the Due Diligence Period, Seller shall deposit written notice of all Tenants who were in good standing prior to vacating the premises and evidence of the return of all security deposits to said Tenants. 3.6.6 Other Funds and Documents. Such other funds or documents required from Seller under the terms of this Agreement to close the Escrow or by the Escrow Agent in the performance of the Escrow Agent's contractual or statutory obligations regarding the Escrow. 3.7 Closing Procedure. When each of the Agency's Escrow deposits, as set forth in Section 3.5, and each of Seller's Escrow deposits, as set forth in Section 3.6, are deposited into the Escrow, the Escrow Agent shall request confirmation in writing from both the Agency and Seller that each of their respective conditions to the Close of Escrow, as set forth in Sections 3.3 and 3.4, respectively, are satisfied or waived. Upon the Escrow Agent's receipt of written confirmation from both the Agency and Seller that each of their respective conditions to the Close of Escrow are either satisfied or waived,the Escrow Agent shall schedule the Escrow Closing Date by written Notice to both Parties and, thereafter, shall close the Escrow on or before the Escrow Closing Date by doing all of the following: 3.7.1 Recordation and Distribution of Recorded.Documents. The Escrow Agent shall file the following documents with the office of the Recorder of the County for recording in the official records of the County, in the following order, at the Close of Escrow: (i)the Grant ORANGEUNELSON156240.1 19 Deed,with the Agency's original certificate of acceptance attached, and(ii) any other documents to be recorded through the Escrow upon the joint instructions of the Parties. The Escrow Agent shall deliver conformed copies of all documents filed for recording in the official records of the County through the Escrow to the Agency, Seller and any other Person designated in the written joint escrow instructions of the Parties to receive an original or conformed copy of each such document. Each copy of a document filed for recording shall show all recording information. The Parties intend and agree that this Section 3.7.1 shall establish the relative priorities of the documents to be recorded in the official records of the County through the Escrow, by providing for recordation of senior interests prior in time to junior interests, as provided in this Section 3.7.1; 3.7.2 Distribution of Other Documents. The Escrow Agent shall deliver copies of all documents delivered through the Escrow to the Agency, Seller and any other Person designated in the written joint escrow instructions of the Parties to receive an original or copy of each such document; 3.7.3 Title Policy. Obtain and deliver the Title Policy to the Agency; 3.7.4 Funds. Deliver the Purchase Price to Seller,less any amount required to be withheld and paid to the State Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 (see Section 3.9), any amount required to be paid to satisfy any encumbrances against the Property securing monetary obligations of Seller and any other charges to the account of Seller pursuant to the terms of this Agreement, and return all remaining funds held by the Escrow Agent for the account of the Agency to the Agency, less the Agency's share of the Escrow closing costs, and less any other charges to the account of the Agency pursuant to the terms of this Agreement; 3.7.5 FIRPTA Certificate. File the FIRPTA Certificate with the United States Internal Revenue Service; 3.7.6 Form 593. File the Form 593 with the State of California Franchise Tax Board; and 3.7.7 PCO Report. File the PCO Report with the County Assessor. 3.7.8 Report to IRS. Following the Close of Escrow and prior to the last date on which such report is required to be filed with the United States Internal Revenue Service, if such report is required pursuant to Section 6045(e) of the United States Internal Revenue Code, the , Escrow Agent shall report the gross proceeds of the sale of the Property pursuant to this Agreement to the United States Internal Revenue Service on Form 1099-B, Form W-9 or such other form(s) as may be specified by the United States Internal Revenue Service pursuant to Section 6045(e) or its associated Federal regulations. Upon the filing of such reporting form with the United States Internal Revenue Service,the Escrow Agent shall deliver a copy of the filed form to both the Agency and Seller. 3.8 Close of Escrow. The Close of Escrow shall occur on or before the Escrow Closing Date. The Parties may mutually agree to change the Escrow Closing Date by joint written instruction to the Escrow Agent. If for any reason the Close of Escrow has not occurred ORANGEJNELSON\56240.1 20 on or before the Escrow Closing Date, then any Party not then in Default under this Agreement may cancel the Escrow and terminate this Agreement, without liability to the other Party or any other Person for such cancellation and termination, by delivering written Notice of termination to both the other Party and the Escrow Agent. Following any such Notice of termination of this Agreement and cancellation of the Escrow,the Parties and the Escrow Agent shall proceed pursuant to Section 3.14. Without limiting the right of either Party to cancel the Escrow and terminate this Agreement,pursuant to the first sentence of this Section 3.8,if the Escrow does not close on or before the Escrow Closing Date and neither Party has exercised its contractual right to cancel the Escrow and terminate this Agreement under this Section 3.8 before the first date on which the Escrow Agent Notifies both Parties that the Escrow is in a position to close, then the Escrow shall close as soon as reasonably possible following the first date on which the Escrow Agent Notifies both Parties that the Escrow is in a position to close,pursuant to the terms and conditions of this Agreement. 3.9 Withholding Requirements. The Parties acknowledge that California Revenue and.Taxation Code Section 18662 requires the Agency to withhold from funds otherwise payable to Seller at the Close of Escrow an amount equal to three and one-third percent(3 1/3%) of the total Purchase Price for the Property and submit such amount to the California Franchise Tax Board, unless the Agency is relieved of such withholding requirements in accordance with the provisions of California Revenue and Taxation Code Section 18662. 3.10 Taxes and Prorations. All Real Estate Taxes shall have been paid by Seller and be current as of the Close of Escrow and there shall be no pro-ration of Real Estate Taxes between the Parties through or outside of the Escrow. Seller shall be entitled to and solely responsible for obtaining all refunds, if any,that may be due for Real Estate Taxes paid by Seller applicable to any period after Close of Escrow. Seller shall be responsible for all Real Estate Taxes and all supplemental Real Estate Taxes, if any, assessed pursuant to California Revenue and Taxation Code Section 75,et seq., applicable to any period on or before the Close of Escrow, and Agency's obligation to pay such Real Estate Taxes shall survive the Close of Escrow. Agency shall be responsible for all Real Estate Taxes, if any, and all supplemental Real Estate Taxes, if any, applicable to any period prior to the Close of Escrow. 3.11 Possession; Risk of Loss. The Agency shall be entitled to sole possession of the Property immediately upon Close of Escrow. All risk of loss or damage to the Property will pass from Seller to the Agency at the Close of Escrow. In the event that material loss or damage occurs to the Property prior to the Close of Escrow, the Agency may terminate this Agreement and cancel the Escrow by written Notice of Termination. 3.12 Escrow Closing Costs, Taxes and Title Policy Premium. The Agency and Seller shall each pay one-half(1/2) of the Escrow fees and such other costs as the Escrow Agent may charge for conducting the Escrow. Seller shall pay the premium charged by the Title Company for the Title Policy, including any endorsements or other supplements to the coverage of the Title Policy that may be requested by the Agency. The Agency shall pay any and all recording fees, any documentary transfer tax, taxes levied by any Government arising from or relating to the sale of the Property pursuant to this Agreement and through the Escrow (exclusive of any income taxes and any property taxes to be paid by Seller pursuant to Section 3.10) the cost of any endorsements or supplements to the coverage of the Title Policy requested by the ORANGEUNELSON\56240.1 21 Agency. The Escrow Agent shall notify the Agency and Seller of the costs to be borne by each of them at the Close of Escrow by delivering the Escrow Agent's estimated Escrow closing/settlement statement to both the Agency and Seller,at least two (2)business days prior to the Escrow Closing Date. 3.13 Escrow Cancellation Charges. If the Escrow fails to close due to an Event of Default attributable to the Agency,the Agency shall pay all customary and reasonable cancellation charges regarding cancellation of the Escrow and the Title Policy order,if any. If the Escrow fails to close due to an Event of Default attributable to Seller, Seller shall pay all customary and reasonable cancellation charges regarding cancellation of the Escrow and the Title Policy order, if any. If the Escrow fails to close for any reason other than an Event of Default attributable to either the Agency or Seller,the Agency and Seller shall each pay one-half (1/2)of all customary and reasonable cancellation charges regarding cancellation of the Escrow and the Title Policy order,if any. 3.14 Escrow Cancellation. If the Escrow is cancelled and this Agreement is terminated pursuant to a contractual right granted to a Party in this Agreement to cancel the Escrow and terminate this Agreement,the Parties shall pay any associated cancellation charges in accordance with Section 3.13 and do each of the following: 3.14.1 Cancellation Instructions. The Parties shall, within five( 5 )business days following receipt of the Escrow Agent's written request, execute any reasonable Escrow cancellation instructions requested by the Escrow Agent; and 3.14.2 Return of Funds and Documents. Within five( 5 )days following receipt by the Parties of a settlement statement from the Escrow Agent of cancellation charges regarding cancellation of the Escrow and the Title Policy order, if any: (i) Seller or the Escrow Agent, respectively, shall return to the Agency any documents previously delivered by the Agency to Seller or the Escrow Agent regarding this Agreement, the Property or the Escrow,(ii)the Agency or the Escrow Agent,respectively, shall return to Seller all documents previously delivered by Seller to the Agency or the Escrow Agent regarding this Agreement,the Property or the Escrow; (iii)the Escrow Agent shall return to the Agency any funds deposited into the Escrow by the Agency, less the Agency's share of any customary and reasonable cancellation charges regarding cancellation of the Escrow and the Title Policy order,if any,in accordance with Section3.13; and(iv)the Escrow Agent shall return to Seller any funds deposited into the Escrow by Seller, less Seller's share of any customary and reasonable cancellation charges regarding cancellation of the Escrow and the Title Policy order,if any,in accordance with Section 3.13. 3.15 Escrow Notices. All Notices from the Escrow Agent to the Parties shall be given in the manner provided in Section 6.4 of this Agreement. ARTICLE 4 TENANT LEASES 4.1 Property is Vacant. Seller represents and warrants to Agency that the Property will be vacant prior to the completion of the Due Diligence Period and no tenant rights are or ORANGEVNELSON56240.1 22 will be attached to it. Seller shall not enter into any lease agreements or month to month rental agreements regarding the Property. 4.2 Refund of Security Deposits. Seller represents and warrants that prior to the completion of the Due Diligence Period, Seller shall have refunded the full amount of all Tenants' security deposits to the Tenants. This refund shall be made to each Tenant no later than seven (7) days after the Tenant has vacated the Property. 4.3 Unrecorded Possessory Interests. Seller represents and warrants to Agency that to Seller's current actual knowledge, there are no other agreements for occupancy in effect for the Property and no unrecorded possessory interests or unrecorded agreements that would adversely affect Agency's title to or use of the Property. 4.4 Indemnification For Relocation Costs. In addition to and in no way limiting any other indemnification obligation herein, Seller agrees and acknowledges that the Purchase Price is a full and complete settlement including any and all rights to Benefits for Seller and Tenants. Seller hereby indemnifies Agency for any Claim for Benefits asserted or brought by any prior Tenant(s) of the property related to, arising from or associated with the sale of the Property. Seller also hereby agrees to defend,protect,indemnify and hold harmless the Agency, its board, employees, and consultants for any claim, loss, cost, expense,or liability resulting from or related to the obligations under state law regarding relocation and displacement of persons.. ARTICLE 5 REMEDIES AND INDEMNITY 5.1 Event of Default Remedies. The Agency shall have all remedies available to the Agency at law or in equity under the laws of the State for any Event of Default by Seller under this Agreement. The Seller shall have all remedies available to the Seller at law for any Event of Default by the Agency under this Agreement, except as otherwise provided for herein. Seller shall not seek specific performance nor may Seller be awarded specific performance against the Agency. 5.2 Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties set forth in this Agreement are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or the same rights or remedies for any other Default. 5.3 Indemnification. 5.3.1 Obligations. The Agency shall Indemnify the Seller Parties against any wrongful intentional act or negligence of the Agency Parties and for any other matter for which the Agency is specifically obligated to indemnify Seller pursuant to this Agreement. Seller shall Indemnify the Agency Parties against any wrongful intentional act or negligence of the Seller Parties and for any other matter for which Seller is specifically obligated to indemnify the Agency pursuant to this Agreement. Notwithstanding anything to the contrary in this ORANGEVNELSON\56240.I 23 Agreement, no Indemnitor shall be required to Indemnify any Indemnitee to the extent of the Indemnitee's wrongful intentional acts or negligence. Nothing in this Section 5.3 or any other provision of this Agreement is intended to modify any claim requirements or limitations periods provided for in the California Government Code Sections 800, et seq. or Sections 900, et seq. 5.3.2 Independent of Insurance Obligations. Each Party's obligation to Indemnify any Person under this Agreement is independent of any insurance carried by such Party, and any insurance shall not in any way restrict, limit, or modify a Party's obligation to Indemnify a Person under this Agreement and such indemnity obligation is independent of each Party's other obligations under this Agreement. 5.3.3 Survival of Indemnification and Defense Obligations. The indemnity and defense obligations of the Parties under this Agreement shall survive the expiration or earlier termination of this Agreement, until all Claims against any of the Indemnitees are fully, finally, absolutely and completely barred by applicable statutes of limitations. 5.3.4 Duty to Defend. The duty to defend any Indemnitee applies upon Notice of any Claim,regardless of whether the issues of negligence, liability, fault, default or other obligation on the part of the Indemnitor or the Indemnitee have been determined. The duty to defend any Indemnitee applies immediately, regardless of whether the Indemnitee has paid any amounts or incurred any detriment arising out of or relating(directly or indirectly)to any Claim. It is the express intention of the Parties that an Indemnitee be entitled to obtain summary adjudication or summary judgment regarding an Indemnitor's duty to defend the Indemnitee, at any stage of any Claim within the scope of the Indemnitor's indemnity obligations under this Agreement. 5.4 Indemnification Procedures. Wherever this Agreement requires any Indemnitor to Indemnify any Indemnitee: 5.4.1 Prompt Notice. The Indemnitee shall promptly Notify the Indemnitor of any Claim. To the extent, and only to the extent, that the Indemnitee fails to give prompt Notice of a Claim and such failure materially prejudices the Indemnitor in providing indemnity for such Claim,the Indemnitor shall be relieved of its indemnity obligations for such Claim. 5,4.2 Selection of Counsel. The Indemnitor shall select counsel reasonably acceptable to the Indemnitee. Counsel to Indemnitor's insurance carrier that is providing coverage for a Claim shall be deemed reasonably satisfactory. Even though the Indemnitor shall defend the Claim, Indemnitee may, at its option and its own expense, engage separate counsel to advise it regarding the Claim and its defense. The Indemnitee's separate counsel may attend all proceedings and meetings. The Indemnitor's counsel shall actively consult with the Indemnitee's separate counsel. The Indemnitor and its counsel shall,however, fully control the defense, except to the extent that the Indemnitee waives its rights to indemnity and defense for such Claim. 5.4.3 Cooperation. The Indemnitee shall reasonably cooperate with the Indemnitor's defense of the Indemnitee,provided the Indemnitor reimburses the Indemnitee's actual out of pocket expenses (including Legal Costs) of such cooperation. ORANGE\JNELSON`56240.1 24 5.4.4 Settlement. The Indemnitor may, with the Indemnitee's consent,not to be unreasonably withheld, settle a Claim. The Indemnitee's consent shall not be required for any settlement by which all of the following occur: (i) the Indemnitor procures (by payment, settlement, or otherwise) a release of the Indemnitee from the subject Claim(s) by which the Indemnitee need not make any payment to the claimant; (ii)neither the Indemnitee nor the Indemnitor on behalf of the Indemnitee admits liability; (iii)the continued effectiveness of this Agreement is not jeopardized in any way; and(iv) the Indemnitee's interest in this Agreement is not jeopardized in any way. ARTICLE 6 GENERAL PROVISIONS 6.1 Incorporation of Recitals. The Recitals of fact set forth preceding this Agreement are true and correct and are incorporated into this Agreement in their entirety by this reference. 6.2 City Not a Party. The City is not a Party to this Agreement. 6.3 Executive Director Implementation. The Agency shall implement this Agreement through its Executive Director. The Executive Director is hereby authorized by the Agency to issue approvals, interpretations, waivers and enter into certain amendments to this Agreement on behalf of the Agency,to the extent that any such action(s) does/do not cause the Agency to incur,in the aggregate, additional obligations exceeding zero dollars and no cents ($0.00). All other actions shall require the consideration and approval of the Agency governing body, unless expressly provided otherwise by action of the Agency governing body. Nothing in this Section 6.3 shall restrict the submission to the Agency governing body of any matter within the Executive Director's authority under this Section 6.3, in the Executive Director's sole and absolute discretion, to obtain the Agency governing body's express and specific authorization on such matter. The specific intent of this Section 6.3 is to authorize certain actions on behalf of the Agency by the Executive Director, but not to require that such actions be taken by the Executive Director,without consideration by the Agency governing body. 6.4 Notices, Demands and Communications Between the Parties. 6.4.1 Notices. Any and all Notices submitted by either Party to the other Party or to the Escrow Agent pursuant to or as required by this Agreement shall be proper,if in writing and transmitted to the address of the Agency, or Seller, as applicable, set forth in Section 6.4.2, or to the Escrow Agent's address set forth in the Escrow Agent's Consent,by one or more of the following methods: (i) messenger for immediate personal delivery, (ii) a nationally recognized overnight(one-night)delivery service (i.e., Federal Express, United Parcel Service, etc.) or(iii) registered or certified United States mail,postage prepaid,return receipt requested. Such Notices may be sent in the same manner to such other addresses as either Party may designate, from time to time, by Notice. Any Notice shall be deemed to be received by the addressee, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that it is delivered by personal delivery, on the date of delivery by a nationally recognized overnight courier service(or when delivery has been attempted twice, as ORANGEIINELSON\56240.1 25 evidenced by the written report of the courier service) or four(4) calendar days after it is deposited with the United States Postal Service for delivery, as provided in this Section 6.4. Rejection, other refusal to accept or the inability to deliver a Notice because of a changed address of which no Notice was given or other action by a Person to whom Notice is sent, shall be deemed receipt of the Notice. 6.4.2 Addresses. The following are the authorized addresses for the submission of Notices to the Parties, as of the Effective Date: To Seller: Filemon and Martha Barrientos 271 Opal Canyon Rd Duarte California 91010 With Copy to: [Insert party] [Insert Address] Attention: To the Agency: Redevelopment Agency of the City of Azusa 213 East Foothill Boulevard Azusa, California 91702 Attention: Executive Director With Copy to: Best Best &Krieger LLP 5 Park Plaza, Suite 1500 Irvine, CA 92614 Attn: Elizabeth W. Hull Telephone (949) 263-2600 Fax(949) 260-0972 6.5 Warranty Against Payment of Consideration for Agreement. Seller represents and warrants that: (i) Seller has not employed or retained any Person to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees of Seller; and (ii)no gratuities,in the form of entertainment, gifts or otherwise have been or will be given by Seller or any of its agents, employees or representatives to any elected or appointed official or employee of either the City or the Agency in an attempt to secure this Agreement or favorable terms or conditions for this Agreement. Breach of the representations or warranties of this Section 6.5 shall automatically terminate this Agreement,without further Notice to or action by either Party and, upon any such termination of this Agreement, Seller shall immediately refund any payments made to or on behalf of Seller by the City or the Agency pursuant to this Agreement or otherwise related to the Property,prior to the date of any such termination. 6.6 Relationship of Parties. The Parties each intend and agree that the Agency and Seller are independent contracting entities and do not intend by this Agreement to create any partnership,joint venture, or similar business arrangement,relationship or association between them. ORANGEUNEISON\56240.1 26 6.7 Survival of Agreement. All of the provisions of this Agreement shall be applicable to any dispute between the Parties arising from this Agreement, whether prior to or following expiration or termination of this Agreement,until any such dispute is finally and completely resolved between the Parties, either by written settlement, entry of a non-appealable judgment or expiration of all applicable statutory Iimitations periods and all terms and conditions of this Agreement relating to dispute resolution and limitations on damages or remedies shall survive any expiration or termination of this Agreement. 6.8 Non-liability of Officials, Employees and Agents. No Agency Party shall be personally liable to Seller, or any successor in interest of Seller, in the event of any Default or breach by the Agency under this Agreement or for any amount that may be or become due to Seller or any successor in interest of Seller, on any obligations under the terms or conditions of this Agreement. 6.9 Calculation of Time Periods. Unless otherwise specified, all references to time periods in this Agreement measured in days shall be to consecutive calendar days, all references to time periods in this Agreement measured in months shall be to consecutive calendar months and all references to time periods in this Agreement measured in years shall be to consecutive calendar years. Any reference to business days in this Agreement shall mean consecutive business days of the Agency. 6.10 Principles of Interpretation. No inference in favor of or against any Party shall be drawn from the fact that such Party has drafted any part of this Agreement. The Parties have both participated substantially in the negotiation, drafting, and revision of this Agreement,with advice from legal and other counsel and advisers of their own selection. A word,term or phrase defined in the singular in this Agreement may be used in the plural, and vice versa, all in accordance with ordinary principles of English grammar, which shall govern all language in this Agreement. The words "include"and"including" in this Agreement shall be construed to be followed by the words: "without limitation." Each collective noun in this Agreement shall be interpreted as if followed by the words "(or any part of it),"except where the context clearly requires otherwise. Every reference to any document, including this Agreement,refers to such document, as modified from time to time (excepting any modification that violates this Agreement),and includes allexhibits, schedules,addenda and riders to such document. The word "or"in this Agreement includes the word"and." Every reference to a law, statute, regulation, order, form or similar governmental requirement refers to each such requirement as amended, modified, renumbered, superseded or succeeded, from time to time. 6.11 Governing Law. The Laws of the State shall govern the interpretation and enforcement of this Agreement, without application of conflicts of laws principles. The Parties acknowledge and agree that this Agreement is entered into, is to be fully performed in and relates to real property located in the City of Azusa, County of Los Angeles, State of California. All legal actions arising from this Agreement shall be filed in the Superior Court of the State in and for the County or in the United States District Court with jurisdiction in the County. 6.12 Agency Attorney Fees and Costs. For the purposes of this Agreement, all references to Legal Costs in reference to the Agency are intended to include the salaries, benefits and costs of the City Attorney, as Agency General Counsel, and the lawyers employed in the ORANGE\JNELSON\56240.1 27 Office of the City Attorney who provide legal services regarding the particular matter, adjusted to or billed at an hourly rate and multiplied by the time spent on such matter rounded to increments of one tenth (1/10th)of an hour, in addition to Legal Costs of outside counsel retained by the Agency for any matter. 6.13 Unavoidable Delay; Extension of Time of Performance. 6.13.1 Notice. Subject to any specific provisions of this Agreement stating that they are not subject to Unavoidable Delay or otherwise limiting or restricting the effects of an Unavoidable Delay,performance by either Party under this Agreement shall not be deemed,or considered to be in Default,where any such Default is due to the occurrence of an Unavoidable Delay. Any Party claiming an Unavoidable Delay shall Notify the other Party: (i)within ten (10) days after such Party knows of any such Unavoidable Delay; and (ii) within five(5)days after such Unavoidable Delay ceases to exist. To be effective, any Notice of an Unavoidable Delay must describe the Unavoidable Delay in reasonable detail. The extension of time for an Unavoidable Delay shall commence on the date of receipt of written Notice of the occurrence of the Unavoidable Delay by the Party not claiming an extension of time to perform due to such Unavoidable Delay and shall continue until the end of the condition causing the Unavoidable Delay. The Party claiming an extension of time to perform due to an Unavoidable Delay shall exercise its commercially reasonable best efforts to cure the condition causing the Unavoidable Delay, within a reasonable time. 6.13.2 Assumption of Economic Risks. EACH PARTY EXPRESSLY AGREES THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS, OF EITHER PARTY SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES IN MARKET CONDITIONS OR DEMAND OR CHANGES IN THE ECONOMIC ASSUMPTIONS OF EITHER PARTY THAT MAY HAVE PROVIDED A BASIS FOR ENTERING INTO THIS AGREEMENT SHALL NOT OPERATE TO EXCUSE OR DELAY THE PERFORMANCE OF EACH AND EVERY ONE OF EACH PARTY'S OBLIGATIONS AND COVENANTS ARISING UNDER THIS AGREEMENT. ANYTHING IN THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, THE PARTIES EXPRESSLY ASSUME THE RISK OF UNFORESEEABLE CHANGES IN ECONOMIC CIRCUMSTANCES AND/OR MARKET DEMAND/CONDITIONS AND WAIVE, TO THE GREATEST EXTENT ALLOWED BY LAW,ANY DEFENSE, CLAIM, OR CAUSE OF ACTION BASED IN WHOLE OR IN PART ON ECONOMIC NECESSITY, I.MPRACTICABILITY, CHANGED ECONOMIC CIRCUMSTANCES,FRUSTRATION OF PURPOSE, OR SIMILAR THEORIES. THE PARTIES AGREE THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS,EITHER OF THE PARTY SPECIFICALLY OR THE ECONOMY GENERALLY,OR CHANGES IN MARKET CONDITIONS OR DEMANDS, SHALL NOT OPERATE TO EXCUSE OR DELAY THE STRICT OBSERVANCE OF EACH AND EVERY ONE OF THE OBLIGATIONS,COVENANTS,CONDITIONS AND REQUIREMENTS OF THIS AGREEMENT. THE PARTIES EXPRESSLY ASSUME THE RISK OF SUCH ADVERSE ECONOMIC OR MARKET CHANGES,WHETHER OR NOT FORESEEABLE AS OF THE EFFECTIVE DATE. ORANGEITNELSON1562,40.1 28 Initials of Authorized Initials of Authorized Agency Representative(s) Seller Representative(s) 6.14 Real Estate Commissions. The Agency shall not be responsible for any real estate brokerage or sales commissions, finder fees or similar charges that may arise from or be related to this Agreement or the purchase, sale or conveyance of the Property pursuant to this Agreement. Seller shall be solely responsible for any real estate brokerage or sales commissions, finder fees or similar charges that may arise from or be related to this Agreement or the purchase, sale or conveyance of the Property pursuant to this Agreement that are claimed by any Person engaged by Seller relating to the Property,this Agreement, or the purchase, sale or conveyance of the Property pursuant to this Agreement. Further, Seller shall Indemnify the Agency against any claims for such real estate brokerage or sales commissions, finder fees or similar charges, in accordance with Section 5.3. 6.15 Binding on Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. 6.16 No Other Representations or Warranties. Except as expressly set forth in this Agreement,no Party makes any representation or warranty material to this Agreement to any other Party. 6.17 Tax Consequences. Seller acknowledges and agrees that it shall bear any and all responsibility, liability, costs, and expenses connected in any way with any tax consequences experienced by Seller related to this Agreement or the purchase, sale or conveyance of the Property pursuant to this Agreement. 6.18 No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any Person other than the Parties and their respective permitted successors and assigns,nor is anything in this Agreement intended to relieve or discharge any obligation of any third-Person to any Party or give any third-Person any right of subrogation or action over or against any Party. 6.19 Execution in Counterparts. This Agreement may be executed in multiple counterpart originals, each of which shall be deemed to be an original,but all of which together shall constitute one and the same document. 6.20 Entire Agreement. 6.20.1 Integrated Agreement. This Agreement includes thirty-one(31)pages and four(4) exhibits,that constitute the entire understanding and Agreement of the Parties regarding the Property and the other subjects addressed in this Agreement. This Agreement integrates all of the terms and conditions mentioned in this Agreement or incidental to this Agreement,and supersedes all negotiations or previous agreements between the Parties with respect to the Property and the other subjects addressed in this Agreement. ORANGEUNELSONl56240.1 29 6.20.2 No Merger. None of the terms, covenants,restrictions, agreements or conditions set forth in this Agreement shall be deemed to be merged with any deed conveying title to any portion of the Property, and this Agreement shall continue in full force and effect before and after any such instruments, in accordance with its teens. 6.20.3 Waivers Must be in Writing. All waivers of the provisions of this Agreement and all amendments to this Agreement must be in writing and signed by the authorized representative(s) of both the Agency and Seller. 6.21 Exhibits. All of the Exhibits attached to this Agreement are described as follows: 6.21.1 Exhibit"A". Property Legal Description(Exhibit"A"); 6.21.2 Exhibit "B". Form of Escrow Agent Consent(Exhibit"B"); 6.21.3 Exhibit"C". Form of Grant Deed(Exhibit"C"); and 6.21.4 Exhibit "D". Occupant Release and Estoppel(Exhibit"D"). 6.22 Time Declared to be of the Essence. As to the perfoicuance of any obligation under this Agreement of which time is a component, the performance of such obligation within the time specified is of the essence. 6.23 No Waiver. Failure to insist on any one occasion upon strict compliance with any term, covenant, condition, restriction or agreement contained in this Agreement shall not be deemed a waiver of such term, covenant, condition,restriction or agreement, nor shall any waiver or relinquishment of any rights or powers under this Agreement, at any one time or more times,be deemed a waiver or relinquishment of such right or power at any other time or times. [Signatures on following page] ORANGEUNELSON\.56240.1 30 SIGNATURE PAGE TO 2009 REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (606 Glenfinnan) IN WITNESS WHEREOF, the Agency and Seller have executed this 2009 Real Property Purchase and Sale Agreement and Joint Escrow Instructions (606 Glenfinnan) by and through the signatures of their authorized representative(s) set forth below: AGENCY: Seller: Redevelopment Agency of the City of Filemon Barrientos and Martha Barrientos, Azusa, a public body, corporate and politic husband and wife as joint tenants a NaBy; me:e: y: B N Its: Namd: i l•Pyf Y_\ ,Q,Yv t-en Attest: By: \l' Oryft 114cui_Jat • By: Name:Men en Y'. e-., clrrf-en ,� Agency Secretary APPROVED AS TO FORM: Best Best&Krieger LLP By: Agency General Counsel ORANGEUNELSON\56240.I 31 EXHIBIT"A" TO • 2009 REAL PROPERTY PURCHASE AND SALE AGREEMENT• AND JOINT ESCROW INSTRUCTIONS (606 Glenfinnan) PROPERTY LEGAL DESCRIPTION LOT 35 OF TRACT NO.27346, IN THE CITY OF AZUSA,COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,AS PER MAP RECORDED N BOOK 699,PAGES 22 AND 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ALL OIL, GAS,MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER THE SUBSURFACE OF SAID LAND 500 FEET BELOW THE SURFACE OF SAID LAND,AS RESERVED IN DEED RECORDED DECEMBER 20, 1963 AS INSTRUMENT NO. 3853, OFFICIAL RECORDS. [APN 8612-001-063j Ii Exhibit"A" Property Legal Description ORANGEUNELSON'\56240.1 EXHIBIT "B" TO 2009 REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (606 GIenfinnan) FORM OF ESCROW AGENT CONSENT ESCROW AGENT CONSENT Four Seasons, in Encino, California accepts that certain 2010 Real Property Purchase and Sale Agreement and Joint Escrow Instructions, dated , 2009, by and between the Redevelopment Agency of the City of Azusa, a public body, corporate and politic, and Filemon Barrientos and Martha Barrientos, husband and wife as joint tenants, and agrees to act as "Escrow Agent"pursuant to such agreement and agrees to be bound by all provisions of such agreement applicable to it as the Escrow Agent. ESCROW AGENT: FOUR SEASONS, INC. By: Name: Its: Dated: Notice Address: Attn: Exhibit"B" Form Of Escrow Agent Consent ORANGEVNELSON\56240.1 EXHIBIT "C" TO 2009 REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (606 Glenfinnan) FORM OF GRANT DEED [To be attached following this cover page] Exhibit"C" Form of Grant Deed ORANGE\INELSONL56240.I RECORDING REQUESTED BY: Escrow No.and Order No. WHEN RECORDED MAIL TO: AND MAIL TAX STATEMENTS TO: Redevelopment Agency of the City of Azusa Attn: Executive Director 213 East Foothill Boulevard Azusa, CA 91702 APN 8612-00I-063 Exempt from Recording Fees per Govt. Code§27383 Exempt from Documentary Transfer Tax per Calif.Rev.&Tax.Code§11922 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Filemon Barrientos and Martha Barrientos,husband and wife as joint tenants does hereby grant and convey to REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body, corporate and politic all that certain real property situated in the City of Azusa, County of Los Angeles, State of California, described in EXHIBIT A attached hereto and incorporated herein by reference. Dated: Filemon Barrientos Dated: Martha Barrientos Exhibit"C" Form of Grant Deed ORANGEVNELSON156240,1 NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA COUNTY OF On , before me, Date Name And Title Of Officer(es.-Jane Doe,Notary Public") personally appeared Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i �oFaz� us. CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY,NOVEMBER 2,2009— 8:25 P.M. The Board of Directors of the Redevelopment Agency of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium,213 E.Foothill Blvd.,Azusa CA. Chairman Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA ABSENT: DIRECTORS: NONE ALSO PRESENT: Also Present General Counsel Martinez, Executive Director Delach, Assistant Executive Director Makshanoff, Department Heads,Secretary Mendoza,Deputy Secretary Toscano. The CONSENT CALENDAR consisting of items F-1 through F-4, was approved by motion of Consent Cal. Director Hanks,seconded by Director Gonzales and unanimously carried. Approved 1. Minutes of the regular meeting of October 19,2009,were approved as written. Min appvd 2. The Professional Service contract Report through September 2009 were reviewed and filed. Prof Svs agmts 3. The Agency Treasurer's Report as of September 30,2009,was received and filed. Treas Rpt 2. 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.09-R56 ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT Warrants AGENCY FUNDS. Spec Call Items SPECIAL CALL ITEMS None None. It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn TIME OF ADJOURNMENT:8:26 P.M. SECRETARY NEXT RESOLUTION NO. 09-R57 WARRANT REGISTER NO.08 111111111111"Cto FISCAL YEAR 2009-10 WARRANTS DATED 10/16/09 THROUGH 10/31/09 - FOR REDEVELOPMENT AGENCY MEETING OF 11-16-09 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: 80-1 10-REDEVELOPMENT ADMINISTRATION FUND $ 26,169.06 80-125-CBD CAPITAL PROJECTS FUND 393,051.64 80-135-WED CAPITAL PROJECTS FUND 235.38 80-185-RANCH CAPITAL PROJECTS FUND 81-165-626-2008B HSG TAX ALLOCATION BONDS 35,000.00 81-155-TAX INCREMENT SET-ASIDE FUND 6,021.19 82-125-CBD DEBT SERVICE FUND 16,568.09 82-135-WED DEBT SERVICE FUND 16,652.94 82-185-RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $ 493,698.30 SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records. ADOPTED AND APPROVED THIS DAY OF 2009. Chairman I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting thereof,held on the day of 2009. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary City of Azusa HP 9000 11/10/09 OPEN HOLD DB LISTING By P rscn/Entity Imre Page 1 TUE INV 10, 2009, 4:22 FM --- eci RCM leg: GL 3L---loc: BI-TENT---job: 704626 #J681----p411: 0H400 <1.34> rpt id: OHFLTR02 SISI F[A]D Codes: 80-82 ; Check Issue Dates: 101609-103109 PE ID PE Nacre r NUMBER / JOB NUV1BER Invoice Number Description St Disc. Ant. Dist. Ant. V00270 ATHENS SERVICES 8010125000-6815/505800-6815 363326000093009 'TRASH SVC/858NAZ PD 0.00 548.12 V00270 ATHENS SERVICES 8010125000-6815/505800-6815 364722000093009 TRASH SVC/624N S PD 0.00 166.14 PEID Ueid: 0.00 Paid: 714.26 Total: 714.26 V01305 AZUSA CITY FED C 8000000000-3035 2610/0901021 Payroll Interfac PD 0.00 286.25 PEID Uiaid: 0.00 PPaaiid: 286.25 Total: 286.25 V96758 BANK OF NEN YORK 8010110000-6610 2521428385 AEMLN FEE/199253 PD 0.00 1,500.00 PEE)l) Un aid: 0.00 Paid: 1,500.00 Total: 1,500.00 V07432 PARR & CLARK ENV 8110155000-7110/505320-7110 19719 ASBESTOS/LEAD PA PD 0.00 2,370.00 V07432 BARR & CLARK ENV 8110155000-7110/505320-7110 19718 ASBESIOS/LEAD PA PD 0.00 2,370.00 PEID 111M : 0.00 Paid: 4,740.00 Total: 4,740.00 V04281 CALIFORNIA RIDEV 8010110000-6301 25020 FEE/LEGVJ DEE' FU PD 0.00 385.00 PEDd: 0.00 d: 385.00 Tota : 385.00 V06783 CI<TISIREET 8000000000-3010 2315/0901021 Payroll Interfac FD 0.00 124.71 PEID Un aid: 0.00 PPaaiid: 124.71 Total: 124.71 V11556 DELTA DENTAL 8000000000-3052 101309 PPO PREM/CCI2009 PD 0.00 415.41 PKLI Un .id: 0.00 Paid: 415.41 City of Azusa HP 9000 11/10/09 OPEN H O L D DB LISTIN G By Perssrl/Entity Nave Page 2 TUE WV 10, 2009, 4:22 FM ---req: FOSE leg: GL JL---loc: BI-TSI---job: 704626 #J681----pgn: CH400 <1.34> rpt id: CHFZTRO2 SELECT FUND Codes: 80-82 ; Check Issue Cates: 101609-103109 PE 11) PE Nane =UT I' NUMBER / JOB NUMBER Invoice Number Description St Disc. Ant. Dist. Ant. ---- ----- ---- ---- ------ Tot-al : 415.41 V11555 DEL'IACARE USA 8000000000-3052 3223141 HND PREM/CC 2009 PD 0.00 45.21 PEID Unm d: 0.00 PPaaiid: 45.21 Total: 45.21 V08010 DUKE'S LANCEGAPI 8010125000-6815 4872 PROPERTY mAlmr S PD 0.00 1,520.00 PEIDd: 0.00 �d: 1,520.00 Total: 1,520.00 V00331 FEDERAL EGRESS 8010110000-6521 935884504 117052788/CITRUS PD 0.00 13.24 V00331 FEDERAL EKPRESS 8010110000-6521 935884504 117052788/K.HILL PL) 0.00 17.46 V00331 FEDERAL EXPRESS 8010110000-6521 935884504 117052788/LA CLU PD 0.00 13.24 V00331 FAL EXPRESS 8010110000-6521 935884504 117052788/AZUSA PD 0.00 13.24 V00331 FFDERALS 8010110000-6521 935884504 117052788/KRISI1 PD 0.00 25.68 PE1D d: 0.00 Paid: 82.86 Total: 82.86 V11803 HOLT INC.,R.B. 8010125000-7110/505825-7110 10306 UTILITY LINE REM PD 0.00 6,210.00 PEID U id: 0.00 Paid: 6,210.00 Total : 6,210.00 V01916 JARA PEITY CASH, 8010125000-6815/505825-6815 100709 LCC S/'ZAREr SIT PD 0.00 17.47 AID d: 0.00 Paid: 17.47 Total : 17.47 V04200 L.A. CaNTYDEPA 8210125000-7040 102009 FY08/09- 11.5.05 P) 0.00 4.78 V04200 L.A. C NIY DEPA 8210125000-7040 102009 FY08/09- Ir 30.7 PD 0.00 1,122.23 V04200 L.A. COLNIY DELA 8210125000-7040 102009 FY08/09- 8.30.1 PD 0.00 198.25 PEID Unpaid: 0.00 Paid: 1,325.26 City of Azusa HP 9000 11/10/09 OPEN H O LD DB LISTIN G By Persoz/Entity Narre Page 3 ILK IST 10, 2009, 4:22 FPI ---req: ROSE leg: (T, JL,---lcc: BI-'IB H---job: 704626 #J681----pgm: CH400 <1.34> rpt id: OHFLTR02 SEL= FUND Codes: 80-82 ; (deck Issue Tates: 101609-103109 PE IH PE Narre AC Nr N[MBER / JOB UMBER Invoice NUm er Description St Disc. Ant. Dist. Amt. Tttal 1,325.26 V11603 LAWYERS TITLE BU 8110165626-1198 BUL11287-W 633 NORTH GLENFI PD 0.00 35,000.00 PEIDUnpaid: 0.00 Paid: 35,000.00 Total: 35,000.00 V03126 LIMDLN NATIONAL 8000000000-3010 2325/0901021 Payroll Interfac PD 0.00 365.00 PEID Unpaid: 0.00 PPaaiid: 365.00 Total: 365.00 V09587 LOS AN ELES CST 8210135000-7040 102009 FY08/09- JJ�•7.31 PD 0.00 1,585.22 V09587 LOS ANS ES COLT 8210125000-7040 102009 FY08/09- 11)7.30 PD 0.00 617.33 V09587 LOS ANGELES QST 8210125000-7040 102009 FY08/09- 11.7.31 PD 0.00 535.71 V09587 LOS ANGELES CST 8210125000-7040 102009 FY08/09- 247.31 PD 0.00 490.64 PEID d: 0.00 Ptdid: 3,228.90 Total: 3,228.90 V08628 LCS AN3ELES GiN 8210125000-7040 102009 FY08/09-FND466.6 PD 0.00 8.68 V08628 LOS PECELES GiN 8210125000-7040 102009 FY08/09- 2166.8 PD 0.00 186.09 V08628 LCS PINCHES MUNI 8210125000-7040 102009 FY08/09- 2.66.8 PD 0.00 1,150.16 PEIDd: 0.00 �d: 1,344.93 Total : 1,344.93 V09587 LOS II E ES CST 8210125000-7040 102009 FY08/09-FND47.31 PD 0.00 454.46 Phil) d: 0.00 Paid: 454.46 Total : 454.46 V08628 LCS AN3E ES 0S11q 8210125000-7040 102009 FY08/09-FND466.8 PD 0.00 0.44 Phil Ll id: 0.00 Paid: 0.44 Total: 0.44 City of Azusa HP 9000 11/10/09 OPEN H O L D DB LISTING By Perscn/Ertity Narre Page 4 IUB N3V 10, 2009, 4:22 RSI ---r: RCSE leg: ( JL---lcc: BI-TECH---job: 704626 #J681----pgn: CH400 <1.34> rpt id: OHFLTR02 SELEET FUND Cis: 80-82 ; Check Issue Tates: 101609-103109 PE ID PE Narre ACEI NT N ABER / JOB N1VIBER Invoice Nuft er Description St Disc. Pmt. Dist. Ant. V09587 LCS ANGLES CON 8210125000-7040 102009 FY08/09-FND#7.31 PD 0.00 293.45 V09587 LCS A EES OJiN 8210125000-7040 102009 FY08/09-FND{#7.31 Pi) 0.00 79.38 PEID Uid: 0.00 PPaaiid: 372.83 Total: 372.83 V08628 LCS AAS CION 8210125000-7040 102009 FY08/09- 8.66.8 PD 0.00 687.91 V08628 LCOS ANSELES CCN 8210125000-7040 102009 FY08/09- I,!66.8 PD 0.00 852.49 PEID "W : 0.00 Paid: 1,540.40 Total: 1,540.40 V09587 LOS ANa::LES COUN 8210125000-7040 102009 FY08/09-FND#7.31 YD 0.00 0.19 PEID U id: 0.00 PPaaiid: 0.19 Total : 0.19 V08628 LCS ANELES CIXN 8210125000-7040 102009 FY08/09- 66.8 PD 0.00 1,254.08 V08628 LOS ANGLES OSCN 8210135000-7040 102009 FY08/09-FF66.8 PD 0.00 3,714.76 PEID Lhaid: 0.00 PPaaiid: 4,968.84 'Dotal: 4,968.84 V07884 LDS ANELES, COU 8210125000-7040 101509 FY08/09-FND43.01 PD 0.00 23.93 PEW Lhid: 0.00 PPaaiid: 23.93 Total : 23.93 V02362 MEIROPOLTIAN tom' 8210125000-7040 102009 FY08/09- 81337. PD 0.00 187.66 V02362 MET JEOLJTAN WAT 8210125000-7040 102009 FY08/09- 84337. PD 0.00 5.07 PEW Nil 0.00 Paid: 192.73 'Dotal : 192.73 V10355 PACIFIC CST CI 8010125000-7110/505825-7110 14522 ALTA SURVE,'Y/'I \RG PD 0.00 5,500.00 City of Azusa HP 9000 11/10/09 OPEN HOLD DB LISTIN G Byn/Entity Imre Page 5 TUE NJV 10, 2009, 4:22 ASI ---req: ROSE leg: GL JL---loc: BI-TD I---job: 704626 4T681----pg11: OH400 <1.34> rpt id: OHFL'IR02 SELECT FLUID Codes: 80-82 ; Check Issue Dates: 101609-103109 PE IH --- ___ PE Nave____ ACEI' NUVBER / JOB UMBER Invoice Number D=.scriptic r St Disc. Ant. Dist. Ant. PEI i) Unpaid: 0.00 Paid: 5,500.00 Total : 5,500.00 V02185 SAN CIAERIEL VALL 8210125000-7040 102009 FY08/09- 1367. PD 0.00 1,353.20 V02185 SAN CPER.IEL, VALL 8210125000-7040 102009 FY08/09- 94367. PD 0.00 567.73 V02185 SANCPERDMVALL 8210125000-7040 102009i FY08/09- 9367. PD 0.00 2,261.49 V02185 SAN GARRIE VALL 8210125000-7040 102009 FY08/09- 94367. PD 0.00 0.86 V02185 SAN C IBFIIE6 VALL 8210135000-7040 102009 FY08/09- 91367. PD 0.00 7,306.68 V02185 SAN (-\BRIN, VALL 8210125000-7040 102009 FY08/09- 94367. PD 0.00 96.33 V02185 SAN CPERIEL VALL 8210125000-7040 102009 FY08/09- 9.367. PD 0.00 365.89 V02185 SAN C BRIE VALL 8210125000-7040 102009 FY08/09- 94367. PD 0.00 241.54 V02185 SAN CPERBI, VALL 8210125000-7040 102009 FY08/09- 9.367. PD 0.00 1,241.06 V02185 SAN CPERIE VALL 8210125000-7040 102009 FY08/09- 94367. a) 0.00 646.53 V02185 SAN C�BRIEL VALL 8210125000-7040 102009 FY08/09- 10.367. PD 0.00 348.81 V02185 SAN C\BRIEL VALL 8210125000-7040 102009 FY08/09- 94367. PD 0.00 202.02 V02185 SAN CMBRIE VALL 8210125000-7040 102009 FY08/09- Ir•367. PD 0.00 52.52 V02185 SAN CIEL VALL 8210135000-7040 102009FY08/09- 9y367. PD 0.00 4,046.28 V02185 SAN CABRIEL VALL 8210125000-7040 102009 FY08/09- 91367. PD 0.00 737.13 V02185 SAN C\BRIII VALL 8210125000-7040 102009 FY08/09- 9.367. PD 0.00 0.47 PEIDU id: 0.00 Paid: 19,468.54 Total: 19,468.54 V03157 SCS EI3INEERS 8010125000-6399/505825-6399 0141438 CHANGE CRDER#2 1 PD 0.00 3,095.00 PEIDurp id: 0.00 Paid: 3,095.00 Total: 3,095.00 V02371 SPRINT 8010110000-6915 864888819022 864888819-022/AI PD 0.00 10.00 PEID fid: 0.00 Paid: 10.00 Total: 10.00 V08056 STANDARD INSURAN 8000000000-2725 101309 LIFE0O1200 PD 0.00 102.36 V08056 SIANDARD INSURAN 8000000000-3044 101309D DISAB02I20 FD 0.00 305.91 PHill thrid: 0.00 Paid: 408.27 • . City of Azusa HP 9000 11/10/09 OPEN HOLD DB LISTING By Person/Entity Narre Page 6 NOV 10, 2009, 4:22 RSI ---req: ROSE leg: GL JL---loc: BI-TECH---job: 704626 #J681----pgn: a-1400 <1.34> rpt id: OHEL'IRO2 SELECT FEND Codes: 80-82 ; Check Issue dates: 101609-103109 PE ID PE Narre AC IVT NCNBER / JOB NUS Invoice Number ]ipticn St Disc. Ant. Dist. Ant. -- - Total: 408.27 V00877 SIAZE BARD OF E 8010110000-6625 480447915001 223479 AL N6 MEM PD 0.00 0.06 V00877 STATE B2ARD OF E 8110155000-6625 480447915001 927481 CANT L50 PD 0.00 0.71 PETll d: 0.00 Paid: 0.77 Total: 0.77 V08237 THREE VALLEYS MU 8210125000-7040 102009 FY08/09-FND##330. PD 0.00 250.43 PEIDUnj id: 0.00 Paid: 250.43 Total: 250.43 V94521 UPPER SAN GniERIE 8210125000-7040 102009 FY08/09- 11068. PD 0.00 48.13 V94521 UPPER SAN GEOID 8210125000-7040 102009 FY08/09- 2.368. PD 0.00 1.02 PH,I I) Paid: 0.00 Paid: 49.15 Total: 49.15 V11824 URBAN FUTURES IN 8010125000-6345 1009003 9/09 PROF-IMP PL PD 0.00 1,125.00 V11824 URBAN FUTURES IN 8010110000-6625 0909024 8/09 PROF-MICS/I PD 0.00 1,125.00 V11824 URBAN FUTURES IN 8010125000-6345/505800-6345 1009003 9/09 PROF-IMP PL PD 0.00 1,875.00 V11824 URBAN FUIURESS IN 8110155000-6345/505310-6345 1009003 9/09 PROF-IMP PL FD 0.00 731.25 V11824 URBAN FUTURES IN 8010125000-6345/505800-6345 0909024 8/09 PRDF-MICS/I PD 0.00 2,460.00 V11824 URBAN FUTURES IN 8010125000-6345/505825-6345 0909024 8/09 PROF-MICS/I PD 0.00 438.75 V11824 URBAN FUTURES IN 8010125000-6345/505900-6345 0909024 8/09 PROF-MICS_ /I PD 0.00 225.00 V11824 URBAN FUTURES IN 8010110000-6345 0909027 8/09 REINR-STAFF PD 0.00 1,726.16 V11824 URBAN FUTURES IN 8010125000-6345 0909027 8/09 REINR-STAFF PD 0.00 156.92 V11824 URBAN FUTURES IN 8010125000-6345/505800-6345 0909027 8/09 REINR-STAFF PD 0.00 7,336.15 V11824 URBAN FUTURES IN 8010125000-6345/505900-6345 0909027 8/09 RETNR-STAFF PD 0.00 980.77 V11824 URBAN FUTURES IN 8010110000-6345 1009004 9/09 REINR-MIS A PD 0.00 4,825.39 V11824 URBAN FLUURES IN 80190.00 V11824 URBAN FUTURES IN 8010135000-6345/505800-6345 1009004 9/09 REINR-MIA A PD 0.00 1009004 909 RETNR-MIAA FD 0.004,235.38 V11824 URBAN FUTURES IN 8110155000-6345/505310-6345 1009004 9/09 REINR-MIA A PD 0.00 549.23 V11824 URBAN FUTURES IN 8010110000-6340 1009003 9/09 PROF-IMP PL PD 0.00 8,377.50 418.75 VV111824 URBAN FUTURES ITN 8010110000-6345 0905 9024 8/09 PROF-MI /II PD 09 PROF-DIP PL PD 0.00 3,915.00 PEDLbpaid: 0.00 City of Azusa HP 9000 11/10/09 OPEN H O L D DB LISTING By /Entity Nacre Page 7 TUE; IST 10, 2009, 4:22 RSI ---req: REE leg: Cif JL---loc: BI-Mai---job: 704626 #J681----pgu: CH400 <1.34> /pt. id: CEEITR02 SELECT FLED Ctdes: 80-82 ; Check Issue Dates: 101609-103109 Pr ID PE Narre ACCT NCNBER / JOB NUMBER Invoice Nur±er Description St Disc. Amt. Dist. Aid.. Paid: 43,091.25 Total : 43,091.25 V00388 VERIZON 8010110000-6915 6261975078092809 626-1975078 1,1) 0.00 21.98 PM1D Unpaid: 0.00 Paid: 21.98 Total: 21.98 V00876 WASIINOIGN DUPLA 8000000000-3010 2335/0901021 Payroll Interfac PD 0.00 136.51 PEID Lh id: 0.00 Paid: 136.51 Total: 136.51 V12127 WEST COAST ESCRO 8010125000-7105/505800-7105 AH-02216-0C 622 Nei SWIM PD 0.00 1,807.32 V12127 WEST COAST ESCRO 8010125000-1198 AH-02216-JC 622 NST SAN GA Pi) 0.00 -35,000.00 V12127 WEST CCIAST ESCRO 8010125000-7105/505800-7105 AH-02216-JC 622 Nei SAN GA. PD 0.00 390,000.00 PEm U-aid: 0.00 Paid: 356,807.32 Total: 356,807.32 GRAND TOTAL Urid: 0.00 - Paid: 493,698.30 Total: 493,698.30 60 / , ORDINANCE NO. AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 55, ARTICLE I, SECTIONS 55-4(e) AND 55-6(c),OF THE AZUSA MUNICIPAL CODE,REVISING MEMBERSHIP AND QUORUM PROVISIONS RELATED TO THE CULTURAL AND HISTORICAL PRESERVATION COMMISSION WHEREAS,pursuant to Government Code Sections 36506 and 40605 and Section 2-32(4) of the Azusa Municipal Code,the Mayor and Council may appoint and remove city board and commission members; and WHEREAS,Azusa City Council Ordinance No. 00-012 originally established the total membership of the Cultural and Historical Preservation Commission at seven members;and WHEREAS,Azusa City Council Ordinance No.05-03 amended section 55-3(a)of the Azusa Municipal Code by reducing total membership of the Cultural and Historical Preservation Commission to five members; and WHEREAS,sections 55-4(e)and 55-6(c)must be revised to be consistent with the reduction in total membership of the Cultural and Historical Commission. NOW,THEREFORE,THE PEOPLE OF THE CITY OF AZUSA DO ORDAIN AS FOLLOWS: SECTION 1. Subsection(e)of Section 55-4 of Article I of Chapter 55 of the Azusa Municipal Code is hereby amended to read as follows: "(e) The terms of not more than three members of the commission shall expire in any one year." SECTION 2. Subsection(c)of Section 55-6 of Article I of Chapter 55 of the Azusa Municipal Code is hereby amended to read as follows: "(c) Three members of the commission shall constitute a quorum for the transaction of business." SECTION 3. Severability. If any section, subsection, sentence, clause,phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and ORANGEIMRICHARDSON\56608.1 each section, subsection, subdivision, sentence, clause,phrase or portion thereof,irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses,phrases or portions might subsequently be declared invalid or unconstitutional. SECTION 4. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act("CEQA")pursuant to Sections 15060(c)(2)(the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment)and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 5. Effective Date. This Ordinance shall become effective thirty(30) days after its adoption. SECTION 6. Publication. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED,APPROVED, AND ADOPTED this day of 2009. Joseph R. Rocha Mayor ATTEST: Vera Mendoza City Clerk APPROVED AS TO FORM: Sonia R. Carvalho City Attorney ORANGE\MRICHARDSON156608.1 —2—