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HomeMy WebLinkAboutAgenda Packet - February 20, 2007 deb ED ,„tifirra. 2 1,O l 11.6 I__I- ATUSi • INFORMATION ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: F.M. DELACH, CITY MANAGER, DATE: FEBRUARY 20, 2007 SUBJECT: BUSINESS LICENSE PENALTY COMPLAINT INQUIRY RECOMMENDATION It is recommended that City Council receive and file this report. BACKGROUND Mr. Dennis Willut has complained to the City Council regarding his family's business license renewal penalties for their rental properties on three separate occasions. His first appearance was on November 20, 2006 and subsequently on January 16, 2007 and again February 5, 2007. The City Council received a copy of a written response sent to Mr. Willut on December 21, 2006. The business licenses on the properties in question have a long record of late payments going back as far as November 2000. In fact the Willut's were delinquent on their licenses in 4 of the last 5 years. Penalties were waived three previous times on the 8th Street Property, and once on the Soldano property. Penalties have been previously paid on two occasions on each property. In 2002 the Willut's issued the City a check that bounced. The most recent issue questioned by Mr. Dennis Willut were the additional late penalties assessed for the 2005-2006 year amounting to $578.08 for both rental properties, and the penalties remain unpaid. The total of the Business License fees for the Willut's 4-unit apartment in 2005-2006 were $570.68, and $178.50 for the two-unit duplex, of which only $32.00 was paid for each property. The reason for the high penalty is that the notices and delinquency notices were ignored for one year. Mr. Willut and his Mother have complained that the $32 renewal fees assessed to all Business Licenses were paid on time. Mr. Willut believes that the total amount of the license process is confusing and misleading. However, the Willut's have properly computed their license tax including the renewal fees in the past; and the calculation is clearly indicated in the box on the lower left-hand side of the Renewal Notice. The most recent late fees assessed on the Business Licenses in question date back to October 24, 2005. From October of 2005 to June of 2006 the Willut's were notified of Business License Taxes due with the original renewal notice, and two follow up mailed delinquent notices, one being a reminder of the possibility that late penalties being assessed. Only when ignored for a long period of time were penalties assessed on the two separa properties: 334 E. 8th Street, (4 units); and 741 N. Soldano, (2 units). 7l del,o _ w arf All business license renewals are sent out between 4 to 6 weeks before the license is due to expire. Renewals are sent to the wiling address that has been supplied to the City by the • landlord business owner. It is theusiness owner's obligation to keep the City advised of any change in mailing address or other pertinent information. If the United States Postal Service returns a renewal notice to us, staff will note the fact and attempt,to obtain an updated mailing address. Mr. Dennis Willut has come to the Business License counter numerous times on behalf of his Mother Kathryn, the license holder and owner of the property, and had the sequence of events explained to him in great detail. Mr. Willut steadfastly refuses to accept responsibility for the outstanding late charges. It is only due to the repeated track record of disregard for the Business License Tax renewal deadlines and previous waivers of late penalties that the most recent appeals have been denied. It is felt that to continue to waive penalties for the Willut's family would be unjust for those individuals that consciously pay their licenses on a timely basis. FISCAL IMPACT Waiver of the Business License penalty would have an impact of$578.08 to the General Fund. 2 CITY OF AZUSA Business License# 014824 4, y P.0. Box 1395 i DUE DATE:' 11/10/2005 213 E. Foothill Blvd.,Azusa,CA 91702-1395 Expiration Date: 10/31/2005 ogtrroa�`� Attn: Business License Division-(626)812-5249 1 . \U NAIL Code: 53111 ZUS BUSINESS LICENSE RENEWAL NOTICE SIC Code: 6514002 THIS APPLICATION FOR A LICENSE WILL BE REJECTED UNLESS PROPER PAYMENT IS ATTACHED. If bushress iSnno longer active in"Azure,• please enter closing date here andreturn Business Howard&Kathryn Willut Phone No. (626)335-7290 to the;add yiatve' Firetelesp the Name and by ; due'"Yate ►vilk r ui ;;iri the 334 338 E 8th St Fax No. issuance of administrative penalties Location Azusa,CA 91702 Start Date 11/10/1994 Rate Type 18-0703A Ownership Sole Proprietorship If your business activity in Azusa Mailing HOWARD&KATHRYN WILLUT involves the use of vehicles, please list Address 758 E MEDA up to six vehicle license numbers below: GLENDORA, CA 91741 Email Address 1) 4) 2) 5) 3) 6) Description of Business APARTMENTS State License No. Type Expiration Date Resale No. Federal ID No. State ID No. Owners,Partners,or Corporate Officers-PLEASE MAKE ANY NECESSARY CORRECTIONS. Name Howard Willut Title Phone No. ( Address 758 E Meda Driver's Lic# Cell Phone No. Glendora,CA 91741 SSN# ON FILE Name Kathryn Willut Title Phone No. ( Address Driver's Lic# Cell Phone No. SSN# ON FILE Emergency Contact-PLEASE MAKE ANY NECESSARY CORRECTIONS. Name Title Phone No. Address Alarm/Security Service-PLEASE MAKE ANY NECESSARY CORRECTIONS. Name Phone No. Address Lic.No. IMPORTANT NOTICE A 20%PENALTY WILL BE CHARGED MONTHLY FOR ALL BUSINESS LICENSE RENEWALS RECEIVED AFTER THE DUE DATE. Renewal Message Your license tax is based on number of rental units PLEASE COMPLETE THE OLLOIA[ING Gross-Receipts For,Previous'F cal ear Enter the#of units in the box on the right Multiply this#by$134.67. Don't forget to include the$32.00 renewal fee. Failure to reportthe gross receipts ntay result in a fine andd/orpenaltty (Note this information is required and strictly confidential) >, ., N .of Employees NO.of Units # Previous Balance $ 0.00 Renewal Fee; $ 32.00 I declare, under penalty of perjury that the information contained in this Renewal Notice is true and correct. Tax Due $ TOTAL DUE $ 00 Signature of Owner or Representative Date RETURN RENEWAL NOTICE TO ABOVE ADDRESS AND MAKE,-CHECK PAYABLE TO CITY OF AZUSA." 4, 0 pyivoLsigiole CITY OF AZUSA Business License 019098 t it''r•i P 0 Bax 1395 �' OS.-- DUE DATES 01/1015000 ' T:-x�.. 213E Foothi Blvd,Azusa.CA 917021395 g4 '14'.+x'' , „motion Date: iv3112005 Mn: Business License Divisbn-(626)612-5249 " /, co 'r ` NAIC Code: 531110 BUSINESS LICENSE DELINQUENT REN '1 . r sic code: 6514002 THIS APPLICATION FOR A LICENSE PALL SE REJECTED UNLESS PROPER PAYMENT IS ATTACHED. p; s'ft no;fongeracf7�e`M Au+aa..; pleases et'rbsbip pare and Dani Business Howard&Kathryn Want Phone No.. (626)335-7290 eo die adgMw*s;aba%!FYrNwe in:r b!' tAe,dui � wN! oesuir_O tin Dune and 741 N Soldano Ave Fax No. -tsauarCI*!-OM /sbnfhE0. des. Location Azusa,CA 91702 Start Date 01/07/1999 d r ! Rate Type 18-0703 .....,.; Oernership Sole Proprietorship if your business activity in Azusa Melling HOWARD&KATHRYN WILLUT involves the use of vehicles,Plum qst Address 758 E MEDA AVE up to six vehicle license numbers below: GLENDORA.CA 91741 Email Address 1) 4) 2) 5) 3) 6) Description of Business DUPLEXES State license No. Type Expiration Date Resale No. Federal ID No. State ID No. Owners,Partners,or Corporate Officers-PLEASE MAKE ANY NECESSARY CORRECTIONS. . - - - Name Howard Willut Title Owner Phone No. (626)335-7290 Address 758E Meda Ave Driver's Lie S Cell Phone No. Glendora.CA 91741 SSN# —ON FILE— Name Kathryn WSW Tme Owner Phone No. Address Driver's Lic S Cell Phone No. SSN S —ON FILE— Emergency Contact-PLEASE MAKE ANY NECESSARY CORRECTIONS. ' Name Howard Willut 'fide Owner Phone No. Address 758 E Mods Ave Glendora.CA 91741 Afann/Security Service-PLEASE MAKE ANY NECESSARY CORRECTIONS. Name Phone No. Address Lic.No.. if,1PORTANT NOTICE Renewal Message Your license tax is based on annual Bross rental income )PLEASE LETE COMPTHE FOLLOWING_ Under $5,000 $50.00 GroesReceipts ForPrevlous Fiscal Year $ 5,000 - $10,000 $50.00 + $1.50 per $1,000 of gross : $ $10,001 - $20,000 $60.00 + $2.50 per $1,000 of gross Over $20,000 $70.00 + $3.50 per $1,000 of gross .faifuce to; dre oss.rtcelpts y tasu#le ' a file and/or penaEy:{Not®-:#115 iifoimatbn 1a Enter Gross Rental Income in the box on the right \P ‘e reqs and y confidential.) Don't forget to include the$32.00 renewal fee plus 20%Penalty Q 1�@ N.l). :* -.of EAtployass' $ :-.•.-::::.No.:bf Units: S • • Previous Balance $ 0.00 t7 .` . Renewal.Fee $ 32.00 Penalty $ f declar ,under Pena0Y of perjury that 04.1.6f.°0416-0.confained in tris f tenewtt!Notice . is true;and correct ,..,-;_Taitine..: $ ?OTAL DUE $ ' ^' Sig ii we 01 Owner or Repraasntalive RETURN RENEWAL.NOTICE TO.ABOVE ADD AND.MAKE CHECK;PAYABLE TO CITY-. AZIJ. .. Firm Howard & Kathryn Wiilut Account # 019098 Fina Howard&Kathryn%Glut nue.States Fees Due Finn(Addl) lie.Status To be printed Street 741 N Sotdano Ave next No 019098 city Azusa,CA 91702 License 019098 t_esu_oa Inside Lor.Type Residential pions (626)335-7290 Nee Sit phone ehdl Add/ 758 E Made Ave Start Date 01107/1999 Mail City Glendora,CA 91741 Cpie Dab Das,/taste Apis/Rentals 3 or Less BID Area BID Rate Opp Sole Proprietorship Give Arita Last Bsea update 11114/2006 nn Insp.Area Insp.States o—;;;,—.1Audit Log Type Oristael Vales Updated Te { Descripfien Ds 02/04/2020 Del Adjust DD 11/16/2008 Report Printed Letter-Balance Due nn 11/1412006 Fee Added STD Fee'Renewal Fee'added. nil 11/14/2006 Fee Added STD Fee'3 or less apts'added. im 11/14/2006 Record Renewed 2/1312008-12131200E 11/14/2006-12/31/21 Record Renewed nn 11/14/2006 Receipt Added 20061114122305nn Date paid: 11/1412001 No:33628,Ant$211.50 nn 11/14/2006 Fee Removed STD Fee'20W removed. nn 11/14/2006 Receipt Added 20061114122224nn Date paid:11/14/2001 No:33627,Amt$178.50 nn 11/14/2006 Report Printed Renewal-let nn 06/28/2006 Report Printed -----> ter-Balance Due-20%Penalty nn 02/15/2006 Recut Added 20060215144501e91 Date paid:02/13/2001 No:29635,Ant$32.00 egi 02/1512006 Fee Added SID Fee'3 or less apts'added eel 02/15/2006 Fee Added STD Fee'Renewal Fee'added egi - 02/15/2006 Penalty Added STD Penalty'20W added. egi 02/152006 Record Renewed 3/15/2005-121311200E 2/1312005-12131201 Record Renewed 031 02/152006 Report Printed ---'-' Letter-Balance Due e01 02/152008 Account Status Changes Delinquent Fees Due Account Status Changed GO 02/0112006 Report Printed Letter-License Expired,Fires Due nn 02/01/2006 Report Printed ---- ) Renewal-2nd nn 11/18/2005 Report Printed ------' Renewal-1st nil 04/06/2005 Report Printed License Printout eel 03/22/2005 Account Status Change( Delinquent Active Account Status Changed ell 09/22/2005 Record Renewed 12/16/2003-12131/20( 3/152005-12/31/201 Record Renewed 991 03/22/2005 Fee Added STD Fee'Renewal Fee'added. eel 0322/2005 Fee Added STD Fee'3 or less opts'added. egi 03/22/2005 Receipt Added 20050322130708e91 Date paid:03/15/2001 No:25029,Amt$31550 egi 03/08/2005 Report Printed Renewal-Final Notice nn 01/25/2005 Report Printed Lett-License Expired,Fines Due nn 01/25/2005 Report Printed Letter-License Expired,Fines Due nn 01/25/2005 Report Printed — Renewal-2nd nn 11/1712004 Report Printed � Renewal-let nn 01/06/2004 Report Printed Lie Printout nn 01/07/2004 License Issue Date Cha 02/05/2003 12/1612003 License Issue Date Changed an 01/07/2004 Receipt Added Date paid:12/16200 No:18808,Amt$184 00 nn 11/2112003 Report Printed Renewal-l et me 03/03/2003 Report Printed License Printout nn 02/182003 Receipt Added No:14261,Ansi:$156.00 nn 02/18/2003 Account Status Changer Delinquent Active Account Status Changed nn 02/18/2003 License Issue Date Cha 02/04/2002 02/05/2003 License Issue Date Changed nn 02/18/2003 Adjustment Added Penalty Adjustment Adjustment nn 01/28/2003 Report Printed Letter-License Expired,Fines Due nn 01/28/2003 Report Printed ---1.-- Renewal-2nd nn Firm Howard & Kathryn Wiilut Account # 019098 11/05/2002 Ret ewallst Notice N 04/16/2002 License Piloted N 03/1312002 Add Reg Pen CD 03/13/2002 Add Reg Pry OD 02/20 Balance Due 1st Notice DO 02)2012002 Balance Due 1st Notice CD 02/20/2002 Add Adjust DO 02t0412002 Md Reg Pay DD 02/04/2002 Add Adjust DD 02104/2002 Add Reg Pay DD 012912002 Renewal2nd Notice N 01/29/2002 ---> l tr tic Eq Pen Due N 12/04/2001 Renewattat Notice N 12/13/2000 License Printed N 11/272000 Add Reg Pay N 11/0812000 RenewaNst Notice N 04/06/2000 License Printed N 03/20/2000 Add Reg Pen N 03/01/2000 Balance Due 1st Notice N 02/22/2000 Add Reg Pay N 02/17/2000 —� RenewalFinal Notice AJC 01/27/2000 ! Ltr Lie Exp Pen Due AJC 01/27/2000 Renewal2nd Notice AJC 11/29/1999 ReeewaNlt Notice N 0120V1999 License Printed N 01/07/1999 Add Rey Pay N Firm Howard & Kathryn Willut Account # 014824 Piro Howard&Kathryn Willed Bus.States Fees Due Pian(Add'4 Lk.Status To be printed Street . ' 334 E 8th St Lett No 014824 qty Azusa,CA 91702 License 014824 Locatlon Inside bee.Typo Multi-Res Pismo (628)335-7290 *m oda) Alt Phone Red Addr 758E Meda Shot Date 11/10/1994 mall City Glendora,CA 91741 Close Daae. Rus.Rate Apts!Rentals 4 or More DID Area BID Rate Ownership Sole Proprietorship See Area • Rest Roo Update 11/15/2006 ajc leap.Area Insp.Status Audit Log Date 1 Type Oat nye ( Updated To Description Li_ 02/05/2020 Del A4ust DO 11/18/2006 Report Printed Letter-Balance Due nn 11/14/2006 Fee Added STD Fee'Renewal Fee'added nn 11/14/2006 Fee Added STD Fee'4+apes'added. nn 11/14/2006 Record Renewed 10124!2005-10/31/20( 11/142006-10/31121 Record Renewed nn 11/14/2006 Receipt Added 20081114122759nn Date paid:11114/2001 No:33629,Ant 51,140.00 nn 11/00/2006 Report Printed Renewal-1st nn 09/19/2006 Report Printed Renewal-1st an 06/28/2006 Report Printed ---)1.Letter-Balance Due-20%Penalty nn 11/08/2005 Address Changed 334 338 E 8th St,Awe 334 E 6th St,Azusa, Address has changed nn 10126/2005 Account Status Changer Active Fees Due Account Status Changed an 10/2612005 Receipt Added 20051026102823nn Date paid: 10/242001 No:28258,Ant$32.00 nn 10/26/2005 Fee Added STD Fee'4+apts'added. nn 10128/2005 Record Renewed 121282004-10/31/20( 10242005-10/31/2(Record Renewed nn 10126/2005 Report Printed > Letter-Balance Due e91 10/26/2005 Fee Added STD Fee'Renewal Fee'added. no 09/202005 Report Prided ---- -3 Renewal-let nn 01131/2005 Report Printed License Printout e91 01/2712005 Account Status ChangeFees Due Active Account Status Changed nn 01/27/2005 Receipt Added 20050127093614nn Date paid:01/19/200!No:24273,Amt:$213.59 no 121302004 Account Status Change' Delinquent Fees Due Account Status Changed nn 12/30/2004 Receipt Added • Date paid:12/28/200.No:23941,Amt:3546.48 nn 12/30/2004 license Issue Date Cha 101152003 12/28/2004 License Issue Date Changed nn 121302004 Report Printed Leder-Balance Due nn 12!06/2004 Report Printed ---). Renewal-2nd nn 12/06/2004 Report Printed Letter-License Expired,Fines Due no 09/09/2004 Report Printed Renewal-I st on 11/05/2003 Report Printed License Printout nn 16129/2003 license Issue Date Cha 12/09/2002 10/15/2003 license Issue Date Changed nn 10/292003 Receipt Added No:18022,Ant 5538-24 no 09/24/2003 Report Printed Renewal-1st nn 12/18/2002 Ucense Issue Date Cha 01/2412002 12/0912002 License Issue Date Changed nn 12/18/2002 Account Status Charges Delinquent Active Account Status Changed nn 12!18/2002 Receipt Added No:13513,Mt$519.38 nn 12/05/2002 Report Printed Letter-license Expired,Fines Due nn 12/03/2002 Report Printed ----) Renewal-2nd nn 09/17!2002 Renewallst Notice N 021112002 License Printed N 02/05/2002 OD Add Reg Pay DD 01/24/200201/24/2002 .— lf'natem --7 RenewaNN 01/22002 Add Reg Pen DD Firm Howard & Kathryn Willut Account # 014824 01/24/2002 01124/2002 Add Adjust DD Add Reg Pay DD 01//16612002 ----�� Rennwatfimal Notice AJC 11/26/2001 Ltr.Lie Exp Pen Due N 11/29/2001 .�---�� Renewal2nd Nonce N 11/10/2001 Renewallst Notice N 01/30/2001 license Printed N 01/5/2001 Add Reg Pen N 12105/2000 N 12/05/2000 R nce Due 1st Notice N 11127/2000 Add Reg Pay N 11/27/2000 Add Rep Pen N 11/21/2000 �� Renewal2nd Notice N 11/21/2000 Ur. 0911212000 Pen Due N 11/21/2000 —______ 7 Renewal2nd Notice N 09/22000 Renew®Nst Notice N 12102/1999 License Printed N 11/15/1999 Add Reg Pay N 11/15/1999 Md Reg N 11/15/1999 Add Rep Pay N 09/28/1999 Renewallat Notice N 10/06/1996 license Printed N 092911998 Add Payment N 19/7/1998 Renewal Notice N 10/14/1997 License Printed N 10/14/1997 Add Payment N 10/15/997 Renewal Notice N 10/7/1996 License Sent His 10101/1996 His 09123/1996 Renewal Sent His 10106/1995 License Sent His 0925/1995 His 0920/1995 Renewal Sent His 112811994 License Sent His 11/011994 His Willut's Property - 334-338 E. 8th St. - ' .*;. ' , -,t � T 06. 26. 2006 it - I -ter Yb a e V Irit' ' , , .. . ..,....,„, .: . ',4!'_'''', --- 07.07.� .2006 a / Prior code enforcement action - property has been cleaned. Willut's Property - 334-338 E. 8th St. � ,. d it Y r . � .:,y `d.S ," I -- ....:.may„ a< ..,... Art.. , i 05. 10. 2006 II .t it;14 I f Illi NI ," w, o Prior code enforcement action - property has been cleaned. Willut's Property - 334-338 E. 8th St. . ,., ,411614i.. 'I 'll', ,,,,,,,....,, jpi:. `tea. -, i , ..a s 4 08.02. 2006 x'x' RI if - s 4.' tx } '://;1111i 08. 02 . 2006 Prior code enforcement action - property has been cleaned. Willut's Property - 334-338 E. 8th St. ' i .... . a '•rte -• ~ », -• ,` ,+. .:.. -16 -vt",::,. P.. E a Prior code enforcement action - property has been cleaned. AGENDA CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM 213 EAST FOOTHILL BOULEVARD AZUSA CITY COUNCIL DIANE M. CHAGNON MAYOR DAVID O. HARDISON COUNCILMEMBER KEITH HANKS COUNCILMEMBER NOTICE TO THE PUBLIC TUESDAY, FEBRUARY 20, 2007 6:30 P.M. 1(i " IOSEPH R. ROCHA MAYOR PRO -TEM ANGEL CARRILLO COUNCILMEMBER Copies of staff reports or other written documentation relating to each item ofbusiness 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 rill 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. MEETING CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: City Manager Delach and Assistant City Manager Person Organizations/Employee:.. APMA REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 110-190 West Ninth Street, Azusa, CA 91702 Negotiating Parties: Watt Genton Associates, LP Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment 7:30 P.M. REGULAR MEETING a CALL TO ORDER PLEDGE TO THE FLAG' INVOCATION — President(Richard X Walker 'of he Church of Jesus Christ of Latter-day Saints ROLL CALL A. PUBLIC PARTICIPATION (Person/Group shall be a//owed 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. Mavor Chagnon — (a) Request for a certificate for the Azusa Medical Arts Building, to be presented on Wednesday, February 21' at 5:15,p.m. Ribbon Cutting Ceremony. � f 2. Mayor Pro -Tem Rocha — (a) Request for certificate of recognition to Azusa Cheer Leader who participated in the National Cheerleading contest. r , r a_•._O t" a- 3. City Manager Delach — Business License Penalty Complaint Inquiry. Recommended Action: Receive and file report. V 7-14 C. SCHEDULED ITEM ;f �1) INFORMAL HEARING — ON THE LOS ANGELES COUNTY FIRE DEPARTMENT WEED ABATEMENT PROTEST HEARING. RECOMMENDED ACTION: a. Conduct the informal protest hearing and refer any property owners with objections to the Los Angeles County Fire Department Brush Clearance Office for consideration. b. Approve the motion and abatement order directing abatement of the nuisance by removing all weeds, and rubbish from the affected improved parcels. 02/20/07 PAGE TWO PUBLIC HEARING - CULTURAL AND HISTORIC PRESERVATION COMMISSION .-RECOMMENDATION TO ADD THE "OLD SCHOOLHOUSE" BUILDING, LOCATED AT 403 N. ANGELENO AVENUE TO THE APPROVED SURVEY LIST OF HISTORIC PROPERTIES AND TO THE CITY LIST OF POTENTIAL HISTORIC LANDMARKS. RECOMMENDED ACTION: Open the Public Hearing; receive testimony, close the Hearing. Provide policy direction on the Cultural and Historic Preservation Commission's recommendation to add the "Old School House", located at 403 N. Angeleno Avenue, at the southeast corner of the-Slauson Middle School campus, to the approved survey list of historic properties and to the City list of Potential Historic Landmarks. Past precedence has been that the City Council would yield to a property owner's request if they opted not to be listed as a Potential Historic Landmark. 3. CONTINUED REVIEW OF RECOMMENDATION BY THE ALUbA UUILrNa LUMMII ILLA UK CODE COMPLIANCE. RECOMMENDED ACTION: There is no recommendation other than to continue review of the committee's recommendations for possible future codification. If D. CONSENT CALENDAR r -- r 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. f , 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF FEBRUARY S. 2007. 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. PURCHASE OF 21 PERSONAL COMPUTERS FROM CDW-G (COMPUTER DISCOUNT WAREHOUSE -GOVERNMENT) UNDER WSCA (WESTERN STATES CONTRACT ALLIANCE). RECOMMENDED ACTION: Waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 (e) due to the fact that CDW-G is covered under the WSCA (Western States Contract Alliance) agreement number A74401, which allows cities to waive formal bidding, and award the issuance of a Purchase Order to CDW-G in the amount not to exceed $21,869.00. 4. UNIFORM RENTAL AGREEMENT. RECOMMENDED ACTION: In accordance with the provisions of Section 2-518(c) under Article VII, Bidding and Contracting, of the Azusa Municipal Code, approve the agreement between the City of Azusa and SoCal Uniform Rental for the purpose of supplying new uniforms to our uniform wearing staff, for a period of 36 months with two (2) 12 month extensions based upon satisfactory service, and authorize the issuance of a blanket Purchase Order for the remainder of the 2006/07 fiscal year in the amount of $9,000. Also authorize the issuance of blanket Purchase Orders in the amount of $26,970 each, for the next two years, and $17,971 for the final eight month portion of the agreement. 02/20/07 PAGE THREE WARRANTS. Resolution authorizing payment of warrants by the City. RECOMMENDED ACTION: Adopt Resolution No. 07-C15. CONVENE AS THE REDEVELOPMENT AGENCY E. \'. AGENCY SCHEDULED ITEMS f ! t 1. AUTHORIZATION TO AWARD THE DEMOLITION AND ASBESTOS ABATEMENT CONTRACT �.� FOR THE DEMOLITION OF 6 VACANT STRUCTURES, PARKING LOT AND NORTHERLY PORTION OF THE ALLEY LOCATED ON THE BLOCK 36 PROIECT SITE AND THE WIMPEY S PAWN SHOP BUILDING. RECOMMENDED ACTION: Approve and award two separate contracts for the removal of asbestos and demolition of: 6 vacant commercial structures, s- parking lot consisting of 5 parcels, and portions of the northerly alley located on the Block 36 project site to Interior Demolition Inc., in the amount of $147,496.00, and the removal of asbestos and demolition of the Wimpey's Pawn Shop Building to Interior Demolition Inc., in the amount of $33,700.00, and authorize the Executive Director to execute the requisite contracts and agreements with Interior Demolition Inc.- ' �.` �� � •. iCv�cl.�'E�� 2. TENANT SETTLEMENT FOR GIRO MAZZ, A BUSINESS LOCATED ON THE AGENCYACQUIRED PARCEL AT 150 WEST 9'" STREET. RECOMMENDED ACTION: Authorize the Executive Director to execute a settlement agreement with Giro Mazz, an existing business which is located within the King Ranch Market, in the amount of $75,000. 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 SPECLAL CALL ITEMS 1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF FEBRUARY 5 2007 RECOMMENDED ACTION: Approve Minutes as written. 2. CONTRACT AMENDMENT FOR REDEVELOPMENT CONSULTING SERVICES TO TIERRA WEST ADVISORS. RECOMMENDED ACTION: Approve an increase to the Tierra West contract for Redevelopment Consulting Services of $ 75,000, for a new total of $175,000, and authorize the Executive director to sign the contract amendment. 02/20/07 PAGE FOUR G. ADIOURNMENT Adjourn in Memory of Frances B. Gonzales. UPCOMING MEETINGS: February 26, 2007, Utility Board Meeting - 6:30 p.m. March 5, 2007, City Council Meeting - 6:30 p.m. March 19, 2007, City Council Meeting - 6:30 p.m. March 26, 2007, Utility Board Meeting - 6:30 p.m. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a citymeeting, please contact the City Clerk at 626-812-5229. Notification three (3) workingdays prior to the meeting when specialservices are needed will assiststaffin assuring that reasonable arrangements can be made to provide access to the meeting. 02/20/07 PAGE FIVE Our continued expansion in Southern California brings fresh minds and a full suite of services. Who is the One Source, One Firm' to help Southern California grow in a smart, healthy way? Carter & Burgess. We're responding with a third area office fortified with a full range of engineering, architecture, planning and management services: transportation, water infrastructure, land development, urban design i & planning, and building programs. It's all bursting with vision, and it's all from Carter & Burgess — now open in the i Inland Empire. Visit www.c-b.com for the rest of the story. 0 3257 E. Guest! Road Suite 120 Ontario, CA 91761 1 909.974.2700 Contacts: i Gwenn Norton -Perry gwenn.norton-perry@c-b.com Garry Cohoe garrycohoe@c-b.com 1 Carter -Burgess Joseph A. Nelson Community Center 611 Village Drive Suisun City, CA This free workshop includes a unique opportunity to provide input to key decision makers about the future of the Delta Sponsored by: The Water Education Foundation I Cosponsored by: California Resources Agency Attendance at the workshop is FREE and a complimentary box lunch will be served. Attendance is limited; to guarantee a seat you must register in advance. On-site registration will be limited to availability. There are multiple Delta Vision initiatives underway and a decision on the future of the Delta will be made in the next two years. Unlike past planning efforts that focused primarily on the Delta's water resource issues and ecosystem, these current efforts have expanded to include land use planning, recreation, flood management, and energy, rail and transportation infrastructure. How - or if - all these competing demands can be accommodated is the question facing local, state and federal officials, Delta residents, businesses and utilities, resource managers, local agencies and other Delta stakeholders. This one -day workshop will explore these pressing issues and explain Delta vision planning underway Moderators will encourage panel debates among knowledgeable speakers on all sides of these important issues. Audience members will be invited to join facilitated break-out sessions to provide feedback and offer suggestions. The Foundation will prepare and distribute a workshop summary to share with Delta visioning efforts and those who cannot attend the workshop. Workshop topics include: > Developing a Vision: How Do the Dots Connect? > The Delta of Tomorrow: Land Use and Other Trends > How to Be Involved: Developing a Common Vision > Input on a Delta Vision: How Can We Accommodate Competing Uses? > Alternative Delta Visions: The Public Policy Institute of California Report and Other Processes Check in will begin at 8 a.m. The program will begin at 8:45. The workshop will adjourn at 5:00 p.m. Complimentary Foundation materials will be distributed, including the Delta Warning DVD. Ito vu -S -10,11j W�OPMH(o- P March 16, 2007 Registration On-line registration is available at www.watereducation.org Name(s) Title(s) Address City Phone Lunch choice: ❑ Vegetarian O Non -vegetarian Registration is required to guarantee your seat! State Zip Please return to: Water Education Foundation, 717 K Street Suite 317, Sacramento, CA 95814 Phone (916) 444-6240 • Fax (916) 448-7699 WATER 1~,DUCAt IQN `x717 K Street, Suite. 317 FOUNDATION Sacramento, CA 95814 www.watereducation.org Presorted First Class Mail U.S-. Postage PAID - Permit No. 1 16o Sacramento, CA V CLERK "` y lUBi EEB 20 A 21 PR 4650 City Councilmembers City Of Azusa 213 E Foothill Blvd Azusa CA 91702-2514 ® SATURDAY, MAY 12 2911 Annual Pride of the Foothills Spring Run/Children's Safety Fair FoothiLL Presbyterian Hospital and surrounding streets, Glendora For more information, call 626/857-3099, or visit www.active.com ■ FRIDAY, JUNE 1 6th Annual Barbecue and Raffle For more information, call 626/857-3348 ■ MONDAY, OCTOBER 8 16th Annual FPH Golf Tournament GLendora Country Club For more information, call 626/857-3348 ■ SUNDAY, NOVEMBER 18 —12n' Annual FPH Auxiliary Home Tour .;.For more information, call 626/963-4340 11"II'"I'I"'"11Ito, I II`'"'1• 96£l-ZOL16 v0 vSnzv 96£l X08 Od 0A19 11IHlOOd 1SVE £lZ - vsnz—v dO ALO 0 Z G d 0 e 933 t001 A8313 AM v8nzv 881 'ON ;iWad 07L16 v7 'eiopual9 OIVd a6e4sod�s'n ;.40'd-uoN i 6ao• u opepuno jp iyyoo}•MMM ille} shy} La;el uoilLned @12) Aaua6aaw3 pMpnj yeieS pue inq:pV a41 jo 6utuado pu66 ay} a04 q:)IeM puy sa;ep;ue:podwi asay; g4im Mou aepualea L002 lnof jaeW 117LL6 V3 'e10pua19 anuany puea9.y4noS OS3 uo�jepunoj 114y;oo3 ayl AGENDA ITEM T TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 1 m, FROM: BRUCE COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, CITY MANAGER /ffW DATE: FEBRUARY 20, 2007 SUBJECT: LOS ANGELES COUNTY FIRE DEPARTMENT WEED ABATEMENT PROTEST HEARING I RECOMMENDATION it is recommended that the City Council: 1. Conduct an informal protest hearing and refer any property owners with objections to the Los Angeles County Fire Department Brush Clearance Office for consideration. 2. Approve the motion and abatement order directing abatement of the nuisance by removing ail weeds, and rubbish from the affected improved parcels. BACKGROUND On February 5, 2007, the City Council adopted Resolution No. 07-C 1 1 declaring certain improved land parcels within the City a public nuisance due to recurring weed growth and/or the presence of rubbish. Pursuant to the Resolution, a protest hearing is required to afford affected property owners an opportunity to voice their objections. The owners of all affected parcels have been notified by the Los Angeles County Fire Department of the date and time for the protest hearing. This process is a ministerial duty by the City Council and is required under provisions of state and local laws. Staff has attached copies of the Resolution adopted February 5, 2007, for Council review. FISCAL IMPACT The costs of weed abatement services are part of the City's contractual costs with the Consolidated Fire Protection District. In the event abatement work occurs on privately owned properties, the costs are recovered through the Los Angeles County Board of Supervisors. There are no added direct costs or additional fiscal impacts to the city for this service. Prepared by: Rick McMinn, Community Improvement Supervisor Attachment: Resolution No. 07-C 1 1 and Exhibit c� EXHIBIT 1 DESCRIPTION OF PROPERTIES In accordance with Part 5, Division 12 of the California Health and Safety Code (commencing with Section 14875), the Real Property, upon which a public nuisance exists, are hereby described in the attached Declaration List of Properties. LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE IN SEQ BY WEED -KEY, THEN PARCEL FD IMPROVED ZONE CITY CODE STREET ADDRESS DATE 12 21 06 PARCEL NO. KEY 06 050 563 E SIERRA MADRE AVE 8625 006 006 06 050 579 E SIERRA MADRE AVE 8625 006 007 06 050 595 E SIERRA MADRE AVE 8625 006 008 06 050 611 E SIERRA MADRE AVE 8625 006 009 06 050 627 E SIERRA MADRE AVE 8625 006 010 06 050 4001 FISH CANYON RD 8684 008 014 06 050 1455 N HILLTOP DR 8684 020 001 06 050 1467 N HILLTOP DR 8684 020 004 06 050 1465 N HILLTOP DR 8684 020 013 06 050 1469 N HILLTOP DR 8684 020 014 06 050 1471 N HILLTOP DR 8684 020 016 06 050 1510 N SAN GABRIEL CANYON RD 8684 020 022 06 050 1500 N SAN GABRIEL CANYON RD 8684 020 023 06 050 1569 N VIEWCREST DR 8684 021 010 06 050 1561 N VIEWCREST DR 8684 021 011 06 050 1557 N VIEWCREST DR 8684 021 012 06 050 1539 N VIEWCREST DR 8684 021 014 06 050 1533 N VIEWCREST DR 8684 021 015 06 050 1790 SAN GABRIEL CANYON RD 8684 023 013 106 050 1728 SAN GABRIEL CANYON RD 8684 023 014 06 050 1724 SAN GABRIEL CANYON RD 8684 023 015 ,06 050 1720 SAN GABRIEL CANYON RD 8684 023 016 ,06 050 1830 N AZUSA AND SAN GABRIEL CAN 8684 023 017 06 050 2350 N SAN GABRIEL CANYON RD 8684 027 004 06 050 2280 N SAN GABRIEL CANYON RD 8684 027 012 06 050 100 N OLD SAN GABRIEL CANYON RD 8684 027 902 06 050 1460 N HILLTOP DR 8684 034 006 06 050 210 E VIEWCREST DR 8684 034 010 06 050 230 E VIEWCREST DR 8684 034 011 06 050 250 E VIEWCREST DR 8684 034 012 06 050 280 E VIEWCREST DR 8684 034 013 ,06 050 1481 .N VISTA DEL CIR 8684 034 014 06 050 1450 N VISTA DEL CIR 8684 034 015 06 050 1433 N NOBHILL DR 8684 034 020 06 050 1415 N NOBHILL DR 8684 034 021 '06 050 285 E SIERRA MADRE AVE 8684 034 027 106 050 295 E SIERRA MADRE AVE 8684 034 028 06 050 213 E SIERRA MADRE AVE 8684 034 034 •06 050 389 E SIERRA MADRE AVE 8684 035 011 06 050 333 E CLEARHAVEN DR 8684 036 018 06 050 325 E CLEARHAVEN DR 8684 036 019 06 050 311 E CLEARHAVEN DR 8684 036 020 06 050 303 E CLEARHAVEN DR 8684 036 021 '06 050 1589 N HILLTOP DR 8684 036 022 06 050 1599 N VIEWCREST DR 8684 036 023 06 050 1587 N VIEWCREST DR 8684 036 024 050 1575 N VIEWCREST DR 8684 036 025 X06 LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE 2 DATE 12 21 06 IN SEQ BY WEED -KEY, THEN PARCEL FD IMPROVED ZONE CITY CODE STREET ADDRESS PARCEL NO. KEY 06 050 1555 N HILLTOP DR 8684 036 034 0 C 06 050 1543 N HILLTOP DR 8684 036 035 9 C 06 050 1537 N HILLTOP DR 8684 036 036 8 C 06 050 1531 N HILLTOP DR 8684 036 037 7 C 06 050 1564 N HILLTOP DR 8684 036 047 5 C LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE IN SEQ BY WEED -KEY, THEN PARCEL FD IMPROVED ZONE CITY CODE STREET ADDRESS 4 ' WEED KEY C WEED KEY C WEED KEY C i i TOTAL IMPROVED/VACANT RECORDS 0 TOTAL IMPROVED RECORDS 52 TOTAL RECORDS 3 DATE 12 21 06 PARCEL NO 52 KEY Dear Improved Property Owner: This is not a citation or summons. This is the first brush clearance notice and a reminder that the County of Los Angeles Fire Department will be conducfing annual brush clearance inspections within the next few months. The County Fire Code states that parcel owners are responsible throughout the year for the maintenance of all brush, flammable vegetation (native and/or ornamental), and other combustible materials situated on their property. General clearing requirements are listed on the reverse side of this notice. Please review these clearing requirements and take appropriate action prior to the annual inspection date for. your area. Abatement of potential or existing hazards prior to the inspection saves the Fire Department and yourself valuable money and time and insures a safer community. Inspections are scheduled to begin April 1 in the Antelope Valley, June 1 in the Coastal Area, and May 1 in all other areas. If hazardous fire conditions exist on your property at the time of inspection, you will be issued an Oficial Inspection Report which will indicate existing violations and provide specific clearing instructions and a compliance deadline. Failure to comply with the Official Inspection Report issued at the time of the inspection will result in the imposition of a $200 administrative penalty and an additional $231 special assessment on your annual tax bill as item CO FIRE ABMT ENF to recover the County of Los Angeles Fire Department costs related to the enforcement of the Fire Code. Additionally, if your parcel is inspected or cleared by the Agricultural Commissioner, an inspection fee of $38.47 or the clearing costs will be placed on your annual tax bill as item LA CO HAZ ABATE. IIn most cases, it is more cost effective to do the work yourself or to hire a vendor to do the work. A vendor list is available at your local fire station. For additional information regarding specific dearing requirements, contact your local fire station or the Brush Clearance Unit at (626) 969-2375. NOTICE TO DESTROY HAZARDOUS BRUSH, DRY GRASS, WEEDS, COMBUSTIBLE GROWTH OR FLAMMABLE VEGETATION TO INCLUDE NATIVES AND ORNAMENTALS NOTICE IS HEREBY GIVEN THAT ON FEBRUARY 5, 2007, THE CITY COUNCIL OF THE CITY OF AZUSA Passed or will pass a resolution declaring that hazardous brush, dry grass, weeds, combustible growth or flammable vegetation to include native and ornamental vegetation where growing upon or in hent of said improved property as specifically described by parcel number in the resolution, to be a potential fire hazard or nuisance which, upon inspection by the County of Los Angeles Fire Department is verified to be an existing hazard or nuisance and violation of the County Fire Code pertaining to clearance of brush and vegetative growth, must be removed and the nuisance abated by the County authorities and the cost at removal assessed upon the lend. In addition, the Board of Supervisors authorized and directed the County of Las Angeles Fire Department and the Agricultural Commissioner to recover their mats related to the enforcement of the fire rode. All property owners having objection to the removal of brush, dry grass, weeds, combustible growth or flammable vegetation including natives and ornamentals are hereby notified that they may attend a brush clearance referee meeting (1) in the Antelope Valley at the LOS ANGELES COUNTY ADMINISTRATIVE BLDG., 335 A EAST AVE Kb, LANCASTER, CA 97535, ON WEDNESDAY, FEBRUARY 28, 20117 AT 9:30 A.M. OR (2) A MEETING OF THE CITY COUNCIL OF SAID CITY TO BE HELD AT 213 E. FOOTHILL BLVD., AZUSA, CA 91702, IN THE COUNCIL CHAMBERS ON FEBRUARY 20, 2007 AT 7:30 P.M. when their objections will be heard and given due consideration. II the property owner does not want to present objections to the proposed removal of hazardous Mush, dry grass, weeds, combustible growth or flammable vegetation, or the recovery of enforcement and abatement costs, he/she need am appear al the above maturated meeting(s). PROPERTY DESCRIPTION V. MENDOZA CITY CLERK SEONM 601 COUNTY OF LOS ANGELES FIRE DEPARTMENT PREVENTION BUREAU BRUSH CLEARANCE UNIT 605 N. ANGELENO AVENUE AZUSA, CA 91702-2904 (626) 969-2375 IMPROVED PROPERTY ANNUAL BRUSH CLEARANCE NOTICE BRUSH CLEARANCE REQUIREMENTS Thousands of homes are in serious danger of destruction by fire because of their proximity to brush -covered areas. Homes with wood shake roofs, wood siding, decks, patio covers or exposed eaves are particularly vulnerable to the spread of fire. Despite efforts by firefighters, wildland fires fanned by strong winds, can destroy homes. It is your legal responsibility to take the necessary action to clear vegetation around any given structures. A fire safe landscape creates a defensible space to help protect against approaching wildfires. 1. All flammable vegetation identified as a fire hazard by the inspection officer shall be mowed or cut to a stubble height of 3 inches, for 30 feet around any structure or 50 feet in high hazard areas (County of Los Angeles Fire Code 1117.2.2(2),1117.2.3). 2. Create a firebreak for the next 70 feet, for a total of 100 feet, around any structure by clearing, trimming, thinning, cutting back and removing flammable vegetation. For high hazard areas, this distance can be increased to a maximum of 200 feet (County of Los Angeles Fire Code 1117.2.2(3),1117.2.3). 3. Single specimens of trees, ornamental shrubbery, or ground covers are permissible, provided that they do not form a means of transmitting fire from native growth to the structure (County of Los Angeles Fire Code 1117.2.2(2)). It is recommended that specimens shall be spaced a minimum of 15 feet or 3 times their diameter from other specimens, structures or surrounding native brush. 4. Access roads shall be maintained with a minimum of 10 feet of brush clearance on each side. Fire access roads shall have an unobstructed vertical clearance clear to the sky. Trees overhanging fire access roads shall be maintained to provide adequate vertical clearance (County of Los Angeles Fire Code 902.2.2.1). 5. Provide a minimum of 3 feet of brush clearance around all fire hydrants (County of Los Angeles Fire Code 1001.7.2). 6. It is strongly recommended that all trees and shrubs shall be maintained free of dead wood and litter. Trees and shrubs may be required to be trimmed up from the ground 1/3 of their height. 7. Trees are best trimmed during dormancy or during the winter months. Care should be taken when trimming trees during the spring as this is the nesting season for many species of birds. All plants will bum under extreme fire weather conditions. Fire resistant plants burn at a relatively low intensity, at slow rates,of spread and with short flame lengths. To best protect your home from fire, it is recommended that fire resistant plants be used when landscaping. A list of these plants can be obtained through the County of Los Angeles Fire Department, Brush Clearance Unit, telephone number (626) 969-2375. BRUSH CLEARANCE MAINTENANCE IS A YEAR-ROUND RESPONSIBILITY MINIMUM DISTANCES REQUIRED EXTRA HAZARDOUS AREAS MAY REQUIRE 200 FEET OF CLEARANCE _0111 '� 4§w ig .rte' IIIIIIIII ,'�•��,. NOTE: Small lots may make theseclearancedistances impossible. You are only responsible to clear up to your property lines. aearame of properly adjacent to your lot is the responsibility of the adjacent property owner. IF YOU ARE UNCLEAR AS TO THE CLEARANCE REQUESTED, PLEASE CONTACT YOUR LOCAL FIRE STATION RESOLUTION NO. 07 -CI I A RESOLUTION OF THE CITY COUNCIL OF THE CIN OF AZUSA DECLARING HAZARDOUS BRUSH, DRY GRASS, WEEDS, COMBUSTIBLE GROWTH OR FLAMMABLE VEGETATION ON IMPROVED PARCELS OF LAND TO BE A SEASONAL AND RECURRING NUISANCE WHEREAS, hazardous brush, dry grass, weeds, combustible growth or flammable vegetation, to include native and ornamental vegetation, where growing upon improved real property often attain such growth as to become, when dry, a fire menace to the improved real property or adjacent improved parcels or which are otherwise noxious or dangerous; and WHEREAS, the presence of hazardous brush, dry grass, weeds, combustible growth or flammable vegetation, to include native and ornamental vegetation, upon improved real property are conditions which endanger the public safety and constitute public nuisances which must be abated; and , WHEREAS, the City of Azusa has a duty of protect the public safety and to take any and all actions necessary to abate the above-described public nuisances; and WHEREAS, the Consolidated Fire Protection District of Los Angeles County (the "County of Los Angeles Fire Department") will conduct annual inspections to verify existing hazards and public nuisances of hazardous brush, dry grass, weeds, combustible growth or flammable vegetation, to include native and ornamental vegetation, upon the hereinafter described real property; and WHEREAS, Part 5, Division 12, of the California Health and Safety Code (Sections 14875 through 14922, inclusive), authorizes the City Council, by resolution, to declare public nuisances and to authorize the abatement thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIN OF AZUSA AS FOLLOWS: SECTION 1. Council Findings. The City Council of the City of Azusa hereby finds that hazardous brush, dry grass, weeds, combustible growth or flammable vegetation, to include native and ornamental vegetation, upon each improved parcel of real property hereinafter described in Exhibit 1 (collectively the "Real Property"), as verified by inspection by the County of Los Angeles Fire Department are hereby declared to be public nuisances which should be abated.. I SECTION 2. Notice. (a) The Fire Chief of the County of Los Angeles Fire Department (the "Chief) is hereby designated, authorized, and directed to give notice to destroy said hazardous brush, dry grass, weeds, combustible growth or flammable vegetation, to include native and ornamental vegetation, upon the Real Property. (b) Not less than 10 days prior to the 20th of February, 2007, the Chief shall cause notice to be given to each Real Property owner by mail as their names , and residential addresses appear from the last equalized assessment roll, or as they are known to the Assessor, and said notice shall be substantially in the form as provided in Exhibit 2 of this resolution. SECTION 3. Hearing. Tuesday, the 20"' of February 2007, at the hour of 7:30 p.m., in the Council Chamber of the City, located at 213 East Foothill Boulevard, Azusa is fixed by the City Council as the date, time, and place when and where any and all owners of Real Property having any objections to the proposed removal of hazardous brush, dry grass, weeds, combustible growth or flammable vegetation, to include native and ornamental vegetation, may appear before the Brush Clearance Referee and show cause why said hazardous brush, dry grass, weeds, combustible growth or flammable vegetation, to include native and ornamental vegetation, should not be removed in accordance with this resolution. The objections of the Real Property owners will then and there be heard and given due consideration. Physical inspection and further notice by the County of Los Angeles Fire Department will be conducted prior to the initiation of any clearance activities. SECTION 4. Recovery of Costs. (a) The Chief and the Agricultural Commissioner are hereby authorized and directed to recover abatement enforcement costs in a manner consistent with prior action of the Board of Supervisors when they adopted an Administrative Penalty, an Abatement Enforcement Cost, and an inspection fee for all Real Property when the owner fails to comply with the second official notice to abate hazards on the Real Property described in Exhibit 1 and identified during physical inspection by the County of Los Angeles Fire Department. The recovery of these costs is vital to the ongoing operation governing the identification and abatement of those properties that constitute public nuisances and endanger the public safety. (b) The owners of the Real Properly, upon which the public nuisance exists, shall be presented, both in writing and during the above referenced hearing before the Brush Clearance Referee, with information regarding the cost of inspection and abatement enforcement. PASSED AND ADOPTED this 5' day of February, 2007. Mayor I HEREBY CERTIFY that the foregoing resolution No. 07 -Cl 1, was duly adopted by the City of Azusa at a regular meeting thereof held on the 5th day of February, 2007. AYES: COUNCIL MEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE City Clerk AGENDA ITEM TO: HONORABLE MAYOR AND CITY COUNCIL `ln FROM: BRUCE COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT C DIRECTOR Ijy� VIA: F.M. DELACH DATE: FEBRUARY 20,, 21006 SUBJECT: CULTURAL AND HISTORIC PRESERVATION COMMISSION RECOMMENDATION TO ADD THE "OLD SCHOOL HOUSE" BUILDING, LOCATED AT 403 N. ANGELENO AVENUE TO THE APPROVED SURVEY LIST OF HISTORIC PROPERTIES AND TO THE CITY LIST OF POTENTIAL HISTORIC LANDMARKS. RECOMMENDATION That the City Council provide policy direction on the Cultural and Historic Preservation Commission's recommendation to add the "Old School House", located at 403 N. Angeleno Avenue, at the southeast corner of the Slauson Middle School campus, to the approved survey list of historic properties and to the City list of Potential Historic Landmarks. Past precedence has been that the City Council would yield to a property owner's request if they opted not to be listed as a Potential Historic Landmark. Although staff would concur that the "Old School House" should be added to the approved survey list of historic properties, we recommend that it not be included on the City list of Potential Historic Landmarks, based on the protest by the property owner. BACKGROUND The 1953 - 2004 City of Azusa General Plan Historic Preservation Element included a survey list of historic properties and buildings recommended for preservation. That list identified the "Old School House" and the original school house site as a site and building to be preserved. The structure was identified as the oldest, still -standing schoolhouse in Azusa, originally located on Fourth Street, between Soldano Avenue and Pasadena Avenue, and later moved to 403 N. Angeleno Avenue. In 2000, as part of a new Historic Preservation Chapter of the Municipal Code, the Cultural and Historic Preservation Commission drafted a new survey list of historic properties along with a list of Potential Historic Landmarks. The "Old School House" was inadvertently omitted from both of these lists. On November 1, 2005, it was brought to the attention of the Cultural and Historic Preservation Commission that the "Old School House" was being considered for City Council Staff Report re: Cultural and Historic Preservation Commission Recommendation 2/20/07 Page 2 demolition by the Azusa Unified School District. The building is currently used for storage and has not been well maintained. On January 17, 2006, the Cultural and Historic Preservation Commission requested that the City .Council investigate the feasibility of the City moving the "Old School House" building onto City property in order to preserve it from demolition. The Council discussed the preservation of the building with the AUSD at a joint meeting on January 30, 2006, however, no decision on the disposition of the structure was reached at that time. A discussion on the nomination of the "Old School House" to the City list of Potential Historic Landmarks was scheduled for a public hearing at the November 21, 2006 Cultural and Historic Preservation Commission meeting. The AVSD, as the property owner, was notified of the meeting in accordance with the Municipal Code. The AUSD requested a cancellation of the meeting to allow consultation with the Board of Education regarding this issue and to allow appropriate representation by District staff at the meeting. The November 21, 2006 Cultural and Historic Preservation Commission meeting was canceled due to a lack of quorum and the issue was continued to the next regularly scheduled Commission meeting on December 19, 2006. When the AUSD was notified that the discussion of the nomination of the "Old School House" was continued to the December 19, 2006 meeting, with a staff recommendation that the discussion be further continued to the January 16, 2007 Commission meeting, the AUSD responded that the School Board would be finalizing the Board direction at their meeting on January 16, 2007 and the City would be notified of the intent of the School District. The 1/16/07 AUSD letter further stated that the District does not consent to the proposed designation of the "Old School House" as a Potential Historic Landmark and requested that the Commission not initiate consideration of such designation without the consent of the District. On December 19, 2006, the Commission discussed the nomination of the "Old School House" at their regularly scheduled meeting and unanimously agreed to recommend that the City Council add the "Old School House" to the survey list of historic properties and to the City list of Potential Historic Landmarks, notwithstanding the objections of the AUSD. On February 8, 2007, the AUSD sent a letter to the City stating that the District does not possess any documentation supporting the historic status -of the "Old School House" and that it intends to continue the next steps for the removal of the structure from District property. ANALYSIS: In March 2001, the City Council adopted a Survey List of 96 historic properties. The 96 historic properties were then nominated to the City list of Potential Historic Landmarks. Property owners were allowed to remove their property from the list of Potential Historic Landmarks if they so desired. 38 property owners removed their properties from the City list of Potential Historic Landmarks at that time. Per the Historic Preservation Chapter of the Municipal Code, the Cultural and Historic Preservation Commission may add historic buildings to the survey list of historic properties and may also submit the subject property to the City Council for inclusion in the Potential Historic Landmark list without the City Council Staff Report re: Cultural and Historic Preservation Commission Recommendation 2/20/07 Page 3 property owner's consent for nomination. The City Council may approve a nominated property to the Potential Historic Landmark with or without the property owner's consent. In addition, when a building or property is on the Potential Historic Landmark list, the building is subject to the constraints of the Municipal Code as it pertains to potential historic landmarks. These constraints include a review of any proposed changes to the property or building by the Cultural and Historic Preservation Commission, and recommendations by the Commission to minimize any changes to the property or building. The listing of a building or property on a survey list of historic properties or the City list of Potential Historic Landmarks also triggers California Environmental Quality Act (CEQA) requirements, which would require an environmental review of any proposed demolition or changes to the property or building through an Initial Study and potentially through an Environmental Impact Report (EIR). FISCAL IMPACT: The addition of the "Old School House" to the survey list of historic properties and the City list of Potential Historic Landmarks would have no fiscal impact to the City. However, the AUSD has offered to give the "Old School House" to any organization or group that would relocate the facility, at no cost to the District. It remains clear that the cost of rehabilitation, relocation and land purchase necessary to preserve the structure is estimated between $800,000 and $900,000 Should the structure remain at its present location, rehabilitation could cost up to $85,000. ATTACHMENTS: Azusa Unified School District letter and Resolution 11/1/05 City Council Staff Report 1/17/06 Cultural & Historic Preservation Commission Public Hearing letter & Notice 1 1/7/06 Azusa Unified School District letter 1 1/14/06 Cultural and Historic Preservation Commission Meeting Continuation email to AUSD 11/29/06 AUSD Response email 12/12/06 AVSD Cultural 8_ Historic Preservation Commission Staff Report 11/21/2006 (continued to 12/19/06) Cultural & Historic Preservation Commission Nomination Determination letter to AUSD 1/3/07 Azusa Unified School District letter 2/8/07 City Council Public Hearing letter 8_ Notice 2/12/07 "Old School House" Photographs Azusa Unified School District 546 South Citrus Avenue. P.O. Box 500. Azusa, CA 91702-0500 Phone (626) 967-6211; FAX (626) 858.6123 November 1, 2005 Mr. Francis Delach City Manager City of Azusa 213 E. Foothill Blvd. Azusa, Ca 91702 Dear Mr. Delach: Board or Education Rosemary Gmcin Pirsident Xllordm on -a unlez Vice President Lisa B. Hartington Clerk Burke Hamilton Member Mean M ochun Member Cynthia Cervantes McGulm Superina,denl Enclosed please find a copy of Resolution #05-06:30 approved by our Board of Education at their meeting held October 4, 20D5. Resolution #05-06-30 established a process for the removal of the District owned building located at the southeast corner of Slauson Middle School by transfer of ownership or demolition, The building is now available to public agencies and non-profit organizations at no cost with the stipulation that said building must be removed from District property at no cost to the District. Please review the wording of the resolution for specific requirements and deadlines for the declaration of interest in the building and its subsequent removal from District property. Please feel free to give me a call at (626) 858-6161 should the City have an interest in the building or if you have any questions. Sincerely, Bradley D. Frig Assistant Superintendent, Business Services Cc: Mr. Jeffrey Cornejo City of Azusa Cultural and Historical Preservation Commission "Education - The Torch that Lights the Path of Knowledge" Resolution #05-06:30 Resolution of the Board of Education To Establish a Process for the Removal of the District Owned Building Located at the Southeast Comer of Slauson Middle School by Transfer of Ownership or Demolition. Whereas, the Azusa Unified School District owns a certain building located on the southeast corner of Slauson Middle School; and WHEREAS, said building is not habitable for regular use by students due to State of California regulations; and WHEREAS, said building has fallen into disrepair and would be costly to renovate and may not be able to ever become habitable by students; and WHEREAS, renovation of said building would require the use of funds currently identified for delivery of improvements to students; and WHEREAS, the District understands the historical connection of said building to the community and would prefer to have the building preserved by an outside agency rather than permanently demolishing the building. Now, therefore, the Board of Education does hereby resolve the following: That the certain building currently located at the southeast comer of Slauson Middle School be offered to public agencies and non-profit organizations at no -cost with the stipulation that said building must be removed from District pRoperty; and That the District shall advertise a copy of this resolution Ina local newspaper of general distribution; and That a timeline for declaration of interest in said building be established beginning with the date of this resolution and ending March 31, 2006; and That December 39, 2006, be established as the tlmeiine for removal of said building from District property; and That removal of said building shall involve no cost to the District; and That if the District receives no declaration of interest regarding said building within the established timelines, that the Board of Education authorizes staff to demolish said building anytime after March 31, 2006. VI—D — Page 58 APPROVED AND ADOPTED this 41h day of October, 2005 by the following vote: AYES: 3 NOES: 2 ABSENT: p ABSTAIN: o VI -D - Page 59 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BRUCE COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH DATE: JANUARY 17, 2006 SUBJECT: CULTURAL AND HISTORIC PRESERVATION COMMISSION I RECOMMENDATION TO PRESERVE THE AZUSA UNIFIED SCHOOL DISTRICT (AUSD) OLD SCHOOLHOUSE BUILDING. RECOMMENDATION: ion Commission is recommending that the City The Cultural and Historic Preservat I the City moving the old schoolhouse building, Council investigate the feasibility of currently located on AUSD property at the southeast comer of Slauson Middle School, to a City -owned site where it can be restored and adapted for re -use, possibly as a school museum. BACI(GROUND: On May 17, It was brought to the attention of the Cultural and Historic Preservation Commission that an historic old building, the oldest still -standing schoolhouse in Azusa, was being considered for demolition by the Azusa Unified School District (AUSD). The building is being used for storage and has not been well maintained. On October 18, 2005, a resident, Art Morales, approached the Commission, requesting that the Commission discuss the issue of the demolition of the old school building with the AUSD, hoping to convince them to save the building. On November 15, 2005, Chairman Corne)o presented a letter to the Commission from the AUSD which informed the City and the Commission of the District's intention to remove the old school building on the Slauson Middle School property, by transfer of ownership or demolition. The letter included a Resolution which set out the provisions by which the building could be relocated, with the stipulation that the building must be removed from AUSD property at no cost to the District. The Resolution states that the deadline for a declaration of Interest in City Council Staff Report re: Cultural and Historic Preservation Commission Recommendation 1117/05 Page 2 the building is March 31, 2006, with the deadline for the removal of the building from AUSD property as December 31, 2006. If the AUSD does not receive a declaration of interest in the buliding within the established timeline, the building could be demolished anytime after March 31, 2006. ANALYSIS: In order to preserve the old schoolhouse building, the City would need to submit a declaration of interest in the building to the AUSD prior to March 31, 2006, committing to relocate the building by no later than December 31, 2006. The City would then need to identify a City -owned site to which the building could be relocated: The City would need to allocate funds to move the old schoolhouse building and funds to refurbish and maintain the building. FISCAL IMPACT: The fiscal impacts - relocation, restoration and maintenance- are unknown at this time. No funds have been allocated for this activity. ATTACHMENTS: Azusa Unified School District letter and Resolution 11/1/05 Photographs The Canyon ury--un«„,oy ..,--.....-.._.. Bradley Frick Assistant Superintendent, Business Services Azusa Unified School District 546 S Citrus Avenue Azusa, CA 91702 November 7, 20D6 Dear Mr Frick: Enclosed please find a copy of the Public Hearing notice that will be mailed out on also appear in the San Gabriel Valley Tribune on November 8, 2006 and which will November 9, 2006. We would like to invite a representative of the School District to attend this public hearing meeting As the notice states, the City of Azusa Cultural and Historic Preservation Commission will meet on November 21, 2006 in the City Library Auditorium at 6:00 p m. At that time, the commission will consid llconsid rta the inationapprovo lisle "Old School House", currently located at 403 N Angeleno of Potential Historic Landmarks.. You are being notified as a representative of the property owner, the Azusa Unified School District. The Cultural and Historic Preservation Commission is a recommending body that may initiate the identification and consideration of a nomination for designation of a structure or property as aPotential Historic Landmark. In the event that they feel the nomination, in this case "the Old School House", has merit they will recommend to the City Council that the structure be added to the existing list of Potential Historic Landmarks. The City Council will make the final decision. I have also attached a copy of the section of the Municipal Code that discusses this process. Please contact me at 626-812-5226 if you have any questions Sincerely, Susan Cole Senior Planner att: Public Hearing Notice Azusa Municipal Code Section 55-42 - Designation Procedure NOTICE OF PUBLIC HEARING Notice is hereby given that the Cultural and Historic Preservation Commission of the City of Azusa will hold their regularly scheduled meeting of November 21 2006 for the following agenda item: 403N Angerenu Hvcuoc. ....—, --•-- . The Cultural and Historic Preservation Commission will consider a nomination of the "Old School House' to the approved list of Potential Landmarks, based on the historical nature of the structure This Project is Categorically Exempt under the California Environmental Quality Act, Section 15331 — Historical Resomce/Restoration which includes the preservation of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties . Said PUBLIC HEARINGS will be held at the hour of 6:00 p.m. on MESDAY November 21, 2006, in the City of Azusa Public Library Auditorium at 729 N. Dalton Avenue Any persons wishing to testify may file a written statement prior to that time andlor may appear and be heard If you challenge the proposed actions in Court, you maybe limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Cultural and Historic Preservation Commission at, or prior to, the public hearing - CITY PLANNING COMMISSIO N RE Foothill Blvd Azusa, Ca 91702 (626) 612-5262 Published Azusa Herald: November 9, 2006 - (70 -day notice) OtT Azusa Unified School District 546 South Citrus A.enue . P. O Box $00. Azusa, CA 91702-0500 Phone 162.61967-6:11; FAX (626) 858-6123 Shard or F-dutvllmt tillnnin Cruz-GWIVlcr. Prrsidenl Surhe Hamittun Vice Prurdtm Ilevn M nchun - Civil knmmary G=2. Mtmber earbam Uichunun Kimber Cynthia Ca%.mlu Idd)uire $uperinlundtnl November 14, 2006 Ms Susan Cole City of Azusa 213 E. Foothill Blvd Azusa, CA 81702 Dear Ms C01e we are in receipt of your letter dated November 7, 2006, wherein you have notified the District of a public hearing by the Historic Preservation Commission on the matter of considering a nomination of the "Old School House," currently located at 403 N Angeleno Avenue to the approved list of Potential Historic Landmarks The District hereby objects to the scheduling of this public hearing The District has not been provided with a copy of the nomination documentation and has not been given sufficient notice to allow for consultation with the Board of Education on this matter at a regularly scheduled meeting addition,In attend the eeti g on behalf of the District have p elvlously scheduled va atay week where staff iWat ouid typically ons By copy of this letter, the District requests the cancellation of the public hearing by the Historic Preservation Commission on the matter of considering a nomination of the "Old School House," currently located al 403 N Angeleno Avenue to the approved list of Potential Historic Landmarks Cancellation will allow proper time for consultation with the Board of Educarron on this matter and appropriate representation by District staff at the pubic hearing Absent the cancellation of the public hearing on this matter, please be advised that the District does not consent 10 the designation of the "Old School House," currently located at 403 N. Angeleno Avenue, as a consideration Historic Landmark Further, the such d s gna0on without theDistrict requests the Commission not initiate consent of the District Please. notify the District immediately of your response to this request by letter addressed Superintendent Cynthia Cervantes McGuire at 546 S Citrus Ave , Azusa, CA 91702, or by phone contact at (626) 858-6152 Thank you for your prompt attention to this matter Sincerely, Bradley D Fr' Assistant St erintendent Business Services BFfps Cc: Francis Detach From: Susan Cole To: cynthlac@azusausd k12.ca us Date: 11129/2006 2:57:59 PM Subject: City of Azusa Cultural & Historic Preservation Commission Good afternoon Ms. Mcgulre. The Cultural and Historic Preservation Commission was not able to meet on November 21, 2006 due to the lack of a quorum. The agenda items for that meeting will be continued to the December 19, 20D6 meeting. At that time, staff will again recommend that the "Old School House" agenda item be continued to the January 16, 2007 meeting. Please contact me if you have any questions. Sincerely, Susan Cole Susan Cole, Associate Planner City of Azusa Community Development Department 626-612-5226 CC: Coleman, Bruce; Delach, Fran; Onaga, Larry Susan Cale- RE. Cultural & Historic Preservation Commission __—_--. -- Page.1 From: "Cynthia Cervantes-Mcguire" <cynthlac@azusausd k12 ca us> To: "'Susan Cole"' <scole@cl azusa ca us> Date: 1211212005 5:53:38 PM Subject: RE: Cultural & Historic Preservation Commission Hello Susan, At our Board meeting on January 16, we will be finalizing the direction given by the Board Al that time a letter will be sent to the City stating the intent of the school district I hope this helps. I appreciate your cooperation Thanks, Cynthia --Original Message-- From: Susan Cole [matito:scole@ci.azusa ca.usj sent: Monday, December. 11, 2006 5:02 PM To: Cynthia Cervantes-Mcguire Cc: Bruce Coleman; Larry Onaga Subject: Cultural & Historic Preservation Commission afternoon.Good Cynthia t told meg that he thought that the School Board was gong to request that thed he Cultural & Historic Preservation Commission hold a meeting to discuss the Old School House on an alternate date from their regularly scheduled date of g is 12119106 ill m preparing g [heir agenda a you stilg conflict Their considering such and I h a request? a Thanks, Susan Susan Cole, Associate Planner city of Azusa Community Development Department 626.812-5226 TO: CULTURAL AND HISTORIC PRESERVATION COMMISSION FROM: BRUCE COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR BY: SUSAN COLE, STAFF LAiSiON DATE: NOVEMBER 21, 2006 (continued to DECEMBER 19, 2006) SUBJECT: CULTURAL AND HISTORIC PRESERVATION COMMISSION RECOMMENDATION TO ADD THE "OLD SCHOOLHOUSE BUILDING% LOCATED AT 403 N. ANGELENO, TO THE LIST OF "POTENTIAL HISTORIC LANDMARKS." MINATION RECOMMENDISC SSION BE CONT IN UNTiL JANUARY N: STAFF RECOMMENDS THAT THE O 6 2007 BACKGROUND: The 1980 — 2004 City of Azusa General Pian included an Historic Preservation Element. This Historic Preservation Element included a survey list of historic properties and buildings that should be preserved. The list identified the "Old School House", the oldest stlli-standing schoolhouse in Azusa, originally on Fourth Street between Soldano Avenue and Pasadena Avenue and later moved to 403 N. Angeleno Avenue, as a building to be preserved. in 2000, as part of a new Historic Preservation Chapter of the Municipal Code, the Commission drafted a new survey list. The "Old School House" was inadvertently omitted from this list. On May 17, it was brought to the attention of the Cultural and Historic Preservation Commission that the "Old School House", was being considered for demolition by the Azusa Unified School District (AUSD). The building is currently being used for storage and has not been well maintained. On November 15, 2005, Chairman Cornejo presented a letter to the Commission from the AUSD which informed the City and the Commission of the District's intention to remove the old school building, by transfer of ownership or demolition. The letter included a Resolution which set out the provisions by which the building could be relocated, with the stipulation that the building must be removed from AUSD property at no cost to the District. The Resolution states that the deadline for a declaration of interest in the building was March 31, 2006, with the deadline for the removal of the building from AUSD property as December 31, 2006. If the AUSD does not receive a declaration of interest in the building within the established timeline, the cultural and Historic Preservation commission Recommendation Old School House` 12/19/06 Page 2 building could be demolished anytime after March 31 deadline passed without any action by the AUSD. 2006. The March 31, 2006 On September 19, 2006, the commission directed Staff to agendize the nomination of the Old School House. Staff sent a Notice of Public Hearing to the AUSD and to property owners within 300 feet of the Old School House. On November 14, 2006 the city received a letter from the Superintendent of the AUSD requesting that the meeting be cancelled because they had not had time to discuss the Commission's proposal with the School Board. (attached) RECOMMNEDATION: Staff is recommending that the Commission continue the noticed Public Hearing to January 16, 2007 to allow the AUSD Board to be notified of the proposal and to give them time to respond. ATTACHMENTS: Azusa Unified School District Letter 11/14106 Cynthia Cervantes -McGuire, Superintendent Azusa Unified School District 546 S Citrus Avenue PO Box 500 Azusa, CA 91702 January 3, 2007 Dear Ms, Cervantes -McGuire: On December 19, 2006, at a noticed public hearing, the City of Azusa Cultural and Historic Preservation Commission unanimously agreed to recommend to the City Council that the "Old School House', located at 403 N. Angeleno Avenue, be added to the City of Azusa Potential Historic Landmark list. You are being notified as a representative of the Azusa Unified School District, the property owner. The Cultural and Historic Preservation Commission is a recommending body that may, per the City of Azusa Municipal Code, initiate the identification and consideration of a structure or property for designation as a Potential Historic Landmark. The City Council will make the final determination at a public hearing and you will be notified as to the date of that public hearing Please contact me at 626-512-5226 if you have any questions Sincerely Susan Cole City of Azusa Cultural and Historic Preservation Commission Staff Liaison cc: Bradley Frick, Assistant Superintendent, Business Services, AUSD Fran Delach, City of Azusa City Manager Robert Person, Assistant City Manager Bruce Coleman, Economic and Community Development Director Larry Onaga, Assistant Community Development Director February 8, 2007 Azusa Unified School District 546 South Citrus Avenue. p. 0. Box 500. Phone 26) 967-C 11; FAX (6 6) 858 - CA 1702-0500 6123 ( Mr. Bruce Coleman Economic and Community Development Director City of Azusa 213 E. Foothill Blvd. Azusa,Ca 91702 Donrd of Education Burke Hamilton President Bean M. Ochoa Vice President Rosemary Garcia Clerk Barbara R. Dickerson Member RECLY.pollju�ruz-Gonzalcz Member �S�'/C ymhia Cervantes McGuire Superinleadeni FEB 1 2 2007 iil'y Or AGUSA REDS VEL 0PMENT AGENCY Dear Bruce: t of a letter from Susan Cole dated January 3, 2007 indicating that the The District is in receip City of Azusa Cultural and Historic Preservation Commission unanimously agreed on December 19, 2006, to recommend to the City Council that the "Old School House", /orated at 403 N. Angeleno Avenue, be added to the City of Azusa Potential Historic Landmark list. This action was taken in spite of a District letter objecting to the scheduled meeting dates and City Staff recommendations of a continuance to a future date. It is our understanding that the City Council will be holding a public hearing in the future for the purpose of acting on this recommendatioh. ed Resolution #05-06:30 on October 4, 2005 which The District's Board of Education approv concluded the following: 1. That the "Old School House" is not habitable for regular use by students due to State of California regulations. 2. That the "Old School House" has fallen into disrepair and would be costly to renovate and may not ever be able to be habitable by students. 3. That renovation of the "Old School House" would require the use of funds currently identified for delivery of improvements to students. 4. That the District would prefer to have the "Old School House" preserved by an outside agency rather than permanently demolishing the building, with the stipulation that such preservation would be at no cost to the District and that the building would be removed from District property. The Board of Education reviewed the status of the "Old School House" at their regularly scheduled meeting held Tuesday, November 28, 2006. As a result of this review of status, the Board of Education reaffirmed its position as stated in item #4 above. The District does documentation presently that would support the historical status of the "Old not possess any School Nouse" and intends to continue the next steps for the removal of the "Old School House" from District property in accordance with all legal requirements. The District remains willing to work with the City and/or non-profit organizations to preserve the "Old School 'Education - The Torch that Lights the Path of KnoWedge11 Mr. Bruce Coleman February 8, 2007 Page 2 House" with the caveats that the building must be removed from District property at little or no cost to the District and that such removal/renovation occur in a timely manner. Please feel free to contact me should you have any questions regarding this matter. Sincerely, Bradley D. Fri k Assistant Superintendent, Business Services Cc: Board of Education Mr. Fran Delach, City Manager The Canyon City—Gateway to the American Dream Susan Cole City of Azusa Economic and Community Development Department 213 E. Foothill Boulevard Azusa CA 91702 February 12, 2007 Cynthia Cervantes -McGuire, Superintendent Azusa Unified School District 546 S. Citrus Avenue PO Box 500 Azusa,. CA 91702 Dear Ms, Cervantes -McGuire: On December 19, 2006, at a noticed public hearing, the City of Azusa Cultural and Historic Preservation Commission unanimously agreed to recommend to the City Council that the "Old School House", located at 403 N. Angeleno Avenue, be added to the City of Azusa list of Potential Historic Landmarks. The Cultural and Historic Preservation Commission is a recommending body that may, per the City of Azusa Municipal Code, initiate the identification and consideration of a structure or property for designation as a Potential Historic Landmark. On Tuesday, February 20, 2007, at 7:30 p..m., or shortly thereafter, the City of Azusa City Council will hold a public hearing in the Civic Auditorium at 213 E. Foothill Boulevard, regarding the above mentioned nomination recommendation of the Cultural and Historic Preservation Commission. You are being notified as a representative of the Azusa Unified School District, the property owner. Attached is a copy of that notice. Any persons wishing to testify may file a written statement prior to that time and/or may appear and be heard. As the property owner, you will receive a copy of the staff report as soon as it is available to the public. A copy of the staff report will also be available for public review at the West Wing of City Hall and the Azusa City Library. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please contact me at 626-812-5226 if you have any questions. Sinkely,/�,/J,� ,r C�o(le� Economic and Community Development Department att: City Council Public Hearing Notice cc: Bradley Frick, Assistant Superintendent, Business Services, AUSD Fran Delach, City of Azusa City Manager Robert Person, Assistant City Manager Bruce Coleman, Economic and Community Development Director Larry Onaga, Assistant Community Development Director NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Azusa will conduct a public hearing on February 20, 2007 for the following agenda items: 403 N Angeleno Avenue, Azusa; CA 917D2 The City. Council will consider a nomination of the "Old School House" to the approved list of Potential Landmarks, based on the historical nature of the structure. This project is Categorically Exempt under the California Environmental Quality Act, Section 15331 — Historical Resource/Restoration which includes the preservation of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties Said PUBLIC HEARING will be held at 7:30 p.m., or shortly thereafter, on TUESDAY. February 20 2007, in the Civic Auditorium at 21.3 East Foothill Blvd. Any persons wishing to testify may file a written statement prior to that time and/or may appear and be heard. Copies of the above items are available for public review at the West Wing of City Hall and the Azusa City Library If you challenge the proposed actions in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public bearing.. AZUSA CITY CLERIC 213 E Foothill Blvd. Azusa, Ca. 91702 (626) 812-5229 Published Azusa Herald: February 8.2007 AMW AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: F. M. DELACH, CITY MANAGER DATE: FEBRUARY 20. 2007 SUBJECT: CONTINUED REVIEW OF RECOMMENDATIONS BY THE AZUSA CITIZENS' COMMITTEE FOR CODE COMPLIANCE RECOMMENDATION There is no recommendation other than to continue review of the Committee's recommendations for possible future codification. BACKGROUND i On February 5,.2007 staff presented the attached staff report to the City Council to begin the review of recommendations made by the subject committee. At that time, City Council began this review and continued subsequent discussion to the February 20, 2007 City Council meeting. FISCAL IMPACT There is no immediate fiscal impact as a result of this report. Depending on the City Council's direction of which recommendations to implement there could be staffing. and revenue impacts to the City. W - - 4WO AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: F. M. DELACH, CITY MANAGER DATE: FEBRUARY 20. 2007 SUBJECT: CONTINUED REVIEW OF RECOMMENDATIONS BY THE AZUSA CITIZENS' COMMITTEE FOR CODE COMPLIANCE RECOMMENDATION There is no recommendation other than to continue review of the Committee's recommendations for possible future codification. BACKGROUND i On February 5,.2007 staff presented the attached staff report to the City Council to begin the review of recommendations made by the subject committee. At that time, City Council began this review and continued subsequent discussion to the February 20, 2007 City Council meeting. FISCAL IMPACT There is no immediate fiscal impact as a result of this report. Depending on the City Council's direction of which recommendations to implement there could be staffing. and revenue impacts to the City. AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: F. M. DELACH, CITY MANAGER,V DATE: FEBRUARY 5, 2007 i SUBJECT: IMPLEMENTATION OF RECOMMENDATIONS BY THE AZUSA CITIZENS' COMMITTEE FOR CODE COMPLIANCE RECOMMENDATION It is recommended that City Council direct the City Attorney to incorporate the recommended changes to the City of Azusa Development Code, and where applicable, to the Azusa Municipal Code as recommended by the Azusa Citizens' Committee for Code Compliance as modified by staff. BACKGROUND On July 17, 2006, the City Manager appointed a committee to review five issues related to the new development code that had caused some community concerns. This five issues included temporary signs in connection with commercial, business, service, and retail related entities; recreational vehicle parking and storage in private residential properties and on public streets; vehicle parking and storage on private " residential properties and residential zoning streets and alleys; commercial vehicle parking and storage on private residential properties and residential zoned streets and alleys; and, temporary accessory structures visible in front yards, side yards and all private areas other than behind a minimum 5'0" high solid fenced side and rear yard. The committee was composed of nine Azusa residents, Chairman Jorge Rosales, Vice - Chairperson Peggy Martinez, Secretary Frances Melanson and members Don Boline, Bart Luce, Art Morales, Jimmy Sanford, Roman Seano and Mike Trelles. The committee was staffed by Assistant City Manager Robert Person with assistance from Bruce Coleman, Martin Quiroz and Tina Cravens. In addition, various staff members 5 attended meeting in order to provide "operational" input. Those staff members included James Makshanoff, Larry Onaga, Fabiola Wong, Tom Montague, Mike Scott and Rick McMinn. The committee worked every Thursday from August 10 through November 27 (with the exception of Thanksgiving) and met its delivery date to the City Manager. On December 18, 2006, staff transmitted the Committee's recommendation to City Council for review. Concurrently, staff began a detailed analysis of the recommendations to determine any possible amendments to the recommendations for successful implementation. It should be noted that of the five "issue" areas, the issue related to the parking of commercial vehicles on private residential properties and residentially zoned streets was referred to the City Attorney for separate processing. Therefore, the following contains only recommendations on the remaining four "issue" areas. Staff has included the entire text of the recommendations by the Committee. Where there is no staff comment following the recommendation, it indicates that staff concurs with the Committee's recommendation. Where there is staff comment, it indicates that the recommendation requires clarification, amendment, postponement of implementation or other action and the reasons for the staff recommendation. Staff recommendations are italicized and underlined for the ou42ose of better readability. The Committee has reached the following conclusions and hereby makes the following recommendations: The Purpose of the Committee Recommendations with Respect to Temporary Signs: The recommendations reached by this Committee are intended to appropriately limit the placement, type, size and number of temporary signs within the City's commercial, retail, and business entities. The purpose of these recommendations is to: a. Avoid safety hazards by reducing visual distractions and visual obstructions. b. Improve the City's curb appeal by improving aesthetics and attractiveness. c. Develop effective means of advertising and communication to the public. 2. Applicability in Connection with Temporary Signs: A. The type of temporary signs that these recommendations apply to are: a. Attended display signs. Staff needs to determine whether there are any /tea/issues associated with the regulation of this We of sign. ff there are none imo%mentation is recommended. b. Balloons c. Banners d. Free standing signs e. Off-site directional signs 7 f. Inflatable devices g. Pennants h. Portable signs i. Streamers B. These recommendations do not regulate the message content of temporary signs except that prohibits obscene temporary signs as defined by State Law. C. Most of the definitions of specialized terms and phrases used in these recommendations are found in Article 7 of the New Development Code, but definitions for the following terms should be added where appropriate in Article 7: a. Attended display signs b. Business entity c. Commercial entity d. Display of goods e. Public right-of-way f. Retail entity D. These temporary sign recommendations apply to all Neighborhoods, Districts, Corridors, and Special Purpose Zones. 3.1 Permits and Monitoring Requirements for Temporary Signs: A. Approved temporary signs may be placed or erected only after obtaining ah temporary sign permit from the: �, p�@/=� Economic and Community Development Department fes" Community Improvement Division Business Licensing Section. This should reflect the P/anningDivision. Azusa City Hall West Wing 213 E. Foothill Blvd. Azusa, CA 91702 B. Temporary sign permits shall be issued only for the following type of temporary signs: 1. Balloons 2. Banners 3. Free standing signs. Staff believes this reaulres further definition and will provide specific types ofs&ns this should be applicable to. For example. staff does not support temporary a -frame signs. 4. Inflatable devices 5. Pennants 6. Streamers 9 C. The following types of temporary signs are prohibited: 1. Attended display signs 2. Directional arrow signs 3. Portable signs (A -Frame, Pole mounted, or secured to permanent posts or light standards or trees, etc.) .Again staff does not support the use of temporary a -frame signs. 4. In public right-of-ways D. Temporary sign permits are required for all retail, business, commercial, manufacturing, and industrial entities located throughout the City (All Neighborhoods, All Districts, All Corridors, and All Special Purpose Zones. Staff believes this requires further definition to include a#non-residential uses i.e., non retail non-commercial non-orot!ts churches. etc. E. A licensed retail, business, or commercial entity may be allowed the use of temporary signs with a temporary City Sign Permit approval, only as follows: 3 9 For a maximum of 60 days after the first opening day of the new retail, business, or commercial entity on the site, or a change in the ownership of the retail, business, or commercial entity. These initial 60 days may be used continuously or may be split into no more than two (2) times during the initial year open at posting intervals not less than thirty (30) days following the issuance of the single or multiple permits; Staff is unclear as to why there would be a `not less than 30 days"provision. /f the applicant wishes to take his/her sign down at any time during those 30 dayperiods. that would be their choice however it would still count as one of the two split times recommended above: and For a maximum aggregate total of 60 additional days in any calendar year, in addition to the time allowed by Section E. (1) above. Entities may use these 60 days continuously or at their option split it into a maximum of four (4) times per year at posting intervals not less than fifteen (15) days per permit. Staff is unclear as to why there would be a not less t/ian 15 days"provision as noted in oaragraoh #1 above. The application for a temporary sign permit shall include the dates proposed by the applicant for scheduled temporary sign use. Permits may be obtained annually or each time the entity is entitled to the issuance of a permit base on the provisions outlined in Sections E (1) and E (2) above. In addition to the required non-refundable permit fee for each temporary sign permit, a deposit shall be posted for each temporary sign permit issued. Deposits shall be forfeited if temporary signs are not removed within 72 hours (3 days) after the established expiration date in each permit. 4. General Requirements. I A. Temporary signs may be single faced, multi -faced or three (3) dimensional. B. Copy Design Guidelines shall be in compliance with Section 88:38:050.H. C. Temporary signs shall be designed and fabricated by a professional sign manufacturer/printing company with durable and weatherproof materials and colors. D. Colors shall be harmonious and related to the dominant colors of the structure and surroundings. Contrasting colors may be utilized if the overall effect is compatible with the structure color and surroundings. E. Temporary signs shall be properly secured and/or fastened. F. Temporary lighting, with appropriate permits from the City, may be utilized in conjunction with temporary signs as long as it also complies with Section 88:38:050.1 of the Development Code. G. Temporary signs shall be maintained in good repair and properly secured. Dilapidated temporary signs shall be deemed a public nuisance by the City and will be abated in compliance with the Azusa Municipal Code. H. H. Refer to Item NO.5 below for temporary sign dimensions and restrictions. There are currently no design guidellnes in place to address temporary signs Staff concurs that appropriate design guidelines would address aesthetics maximum size maximum number of signs. etc. Development of Design Guidelines could be undertaken as part of the FY2007 worlrplan for the Community Development Department. S.iStandards for Placement. I A. Temporary signs shall not be placed over public property or public right of way. B. Temporary signs shall not interfere with the operation of doors or windows. C. Temporary signs shall not be posted in public facilities (i.e. utility poles, light standards, sign posts, trees, etc.). D. Suspended temporary signs shall be at least 8'•0" above walking surfaces and 16•0" minimum above driving surfaces. E. Temporary wall or suspended signs shall not exceed 10% the aggregate of the total square foot surface of the front building facade, and may be mounted on any wall surface. Staff believes this wording is confusing and would delete "the aggregate" from the recommendation. F. Temporary window signs shall not exceed the maximum 20% coverage of the total window area, including any permanent window signs. There are currently no design guidelines in place to address temporary signs Staff concurs thatdpproprWe design guidelines would address aesthetics maximum size maximum number of signs. etc. The following recommendations are hereby made in connection with the remaining 3 four (4) issues: • Recreational Vehicles (campers, trailers, boats, utility trailers, horse trailers, etc.) parking and storage in private residential properties and on public streets. • Vehicle parking and storage issues in private residential properties and residential zoning streets and alleys. • Commercial vehicles parking and storage in private residential properties and residential zoning streets and alleys. • Temporary accessory structures (shade tents, shade canopies, tarps, etc) visible in front yards, side yards and all private areas other than behind a minimum 5-0" high solid fenced side and rear yards. I . The Purpose of the Committee Recommendations with Respect to Vehicle Parking and Storage (including Recreational and Commercial Vehicles): The recommendations reached by this Committee are intended to appropriately and fairly limit the parking and storage of vehicles, including recreational and commercial vehicles as defined herein and in the California Vehicle Code, whichever is more stringent, in all Neighborhoods as defined in Article 2 of the Azusa Development Code. The purpose of these recommendations is to: a. Avoid safety hazards by reducing physical and visual distractions and obstructions. b. Improve the City's curb appeal by improving aesthetics and attractiveness. c. Minimize automobile congestion, effective traffic circulation, and adequate parking for everyone. 2. Applicability in Connection with Vehicle Parking and Storage: A. The type of vehicles that these recommendations apply to is: a. All terrain vehicles b. Commercial vehicles c. Motorcycles d. Motor (passenger) vehicles (automobiles, pickup trucks, SUVs, vans, etc.) e. Recreational vehicles f. Semi -trailers g. Snowmobiles h. Trailers (staff believes that boats and persona/ watercraft be added to this list of vehicles). B. State law requirements. Where these recommendations references applicable provisions of State Law (for example, the California Vehicle Code), the reference shall be construed to be to the applicable State Law provisions as they may be amended from time to time. C. The definitions of the following specialized terms and phrases used in these T recommendations are found in Article 7 of the New Development Code: a. Building frontage 1 b. Carport 1. c. Duplex d. Garage e. Motor (passenger) vehicle f. Triplex g. Recreational vehicle (REPLACE DEFINITION WITH DEFINITION BELOW) h. Setback i. Single family dwelling j. Storage -outdoor k. Street i I. Structure D. Definitions for the following terms and phrases should be added to the Development Code: a. Curb: means an edging (as of concrete) built along a street to form part of a gutter. b. Commercial vehicle: (a) A "commercial vehicle" is a motor vehicle of a type required to be registered under this code used or maintained for 1 the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of s property. (b) Passenger vehicles and house cars (staff suggests that house cars be defined within the Code) that are not used for the transportation of persons for hire, compensation, or profit are not I commercial vehicles. This subdivision shall not apply to Chapter 4 1 (commencing with Section 6700) of Division 3. (c) Any vanpool vehicle is ' not a commercial vehicle. (d) The definition of a commercial vehicle in this section does not apply to Chapter 7 (commencing with Section 15200) of Division 6. Staff would need to translate the specific language contained in the State Vehicle Code to assure consistency with the Deve/opment Code. c. Parkway: means that portion of a street other than a roadway. It typically consists of the area between the edge of the curb and a property line and may be landscaped or a combination of sidewalk and landscaped area. d. Recreational vehicles: A vehicular portable structure without permanent foundation.which can be towed, hauled, or driven; which is primarily designed as a temporary living accommodation for recreational, camping, and travel use; and which may include, but is not limited to, travel trailers, truck campers, camping trailers, boats (staff believes that other personal watercraft be included in this definition), and self- propelled motor homes, and horse trailers. It also includes "off-highway motor vehicle subject to identification" means a motor vehicle subject to the provisions of subdivision (a) of Section 38010 of the California Vehicle Code. (b) As used in this division, 'off-highway motor vehicle" includes, but is not limited to, the following: (1) Any motorcycle or motor -driven cycle, except for any motorcycle which is eligible for a special transportation identification device issued pursuant to Section 38088. (2) Any snowmobile or other vehicle designed to travel over snow or ice, as defined in Section 557. (3) Any motor vehicle commonly referred to as a sand buggy, dune buggy, or all -terrain vehicle. Use of a recreational vehicle as living quarters is prohibited, except in the case of a Federal, State or City declared disaster. e. Right-of-way: A corridor or strip of land, either public or private, on which a right of passage has been recorded and over which are built roadways, curbs, and parkways. f. These vehicle parking and storage recommendations apply to all Neighborhoods (NG 1, NG2, and NG3) and its Sub -zones (NC. Low, Med, and Mod) as defined in the Development Code. 3. Permits and Monitoring Requirements for Recreational Vehicles: A. out of townvisitors which are planning to park their Recreation Vehicles on public streets beyond the State Law allowed maximum of 72 hours shall be required to pay for and obtain a temporary street parking permit at: City of Azusa Police Department 725 North Alameda Avenue Azusa, CA 91702 B. Temporary Recreation Vehicle parking permits shall be issued only to Azusa Residents for out of town visitors for a period of up to 14 calendar days and not more than 4 times per year. A non-refundable fee and an Azusa permanent address are required for each permit issued. Due to anticipated extensive administration and enforcement costs associated with this recommendation staff suffgests that certain periods of time during the year be exempt from these regulations in order to permit out of town visitors during specific times such as Thanksgiving thror& Martin Luther Nng Day. 4. Recreational Vehicles Panting and Storage Requirements. A. Recreational vehicles are defined in item 2.d. above. B. All vehicles may be parked on public streets, where allowed and as restricted by the City. Where allowed, Recreational vehicles may be parked a (leave the RV in the same location) on public streets for a period not to exceed seventy-two (72) continuous hours. Parking of an RV for over seventy-two (72) continuous hours (3 days) in a public street is prohibited and subject to citation as allowed by State Law. C. Parking of RV's beyond 72 consecutive hours on public streets shall be permitted only in accordance with item 3 above. D.'A maximum of one RV (Staff believes this item needs further refinement. if the definition of an RVincludes motorcycles this statement would prohibit a household from Da "king anything other than one motorcycle. Staff will work with the Committee chair for clarification) may be parked and/or stored in a front yard setback of a residential driveway, provided that all of the following conditions are met: (1). The entire RV fits over an appropriately paved surface, (2). The RV is parked and/or stored behind a public sidewalk, where applicable; (3) The RV is parked and/or stored behind the property line and does not encroach into a parkway, where applicable; (4). The RV is parked at least 8'-0" from the face of the curb, or 8'•0" from the beginning of the paved street in the event that there is no curb; and (5). Paved surfaces in front yard setbacks shall not exceed 35% coverage of the total front yard setback. Staff believes that this should also apply to street side setbacks on a corner lot. E. RV's may be parked or stored on side yards, as long as the entire RV fits over an appropriately paved surface and there is a clearance of not less than 3'-0" from the residential structure the entire length of the RV and solid fence screening) at the side property line of not less than 6-0" in height. F. RV's may be parked or stored on rear yards, as long as the entire RV fits over an appropriately paved surface and there is a clearance of not less than 3'- 0" from the residential structure for the entire length, front, or back of the RV and solid fence screening is provided through the entire property line of not less than 6-0" in height. G. RV's parked or stored in front yard driveways must be parked perpendicular to the front yard property line and where possible facing forward for safer egress into public right-of-way. H. RV's parked or stored in a front yard driveway must be registered and operational. RV's shall be maintained clean and in repair and shall not leak any Fluids (oil, coolant, etc.). No person shall dump or dispose of any RV 'waste except in certified waste disposals. I. RV's may be protected with an appropriate cover. An appropriate RV cover is considered a snap -up cover or snug zip -up cover made of canvas, polyester, vinyl or other weather resistant material, customized to fit over the RV. No RV shall be parked or stored anywhere on the property under a temporary accessory structure (i.e. canopy, tent, tarp, or similar structure). J. RV's may be temporarily connected to an electrical outlet only while parked within the private property for a period not to exceed 72 hours, and for the sole purpose of loading and unloading the RV and getting it ready for an excursion or storage. K. RV owners who are able to demonstrate and prove to the City that they have in the past received direction and approval from the City to perform capital improvements to their property for the purpose of parking and storing RVs may apply for an exemption to these rules from the City. Staff will need to develop standards that are acceptable forms of 'receiving direction and aoproval from the City". This area was the crux of the Committee's work in response to the community's concerns reOrdingrecreational vehicles Staffis appreciative of the practical standards develooed by the Committee and fee/ that enforcement of RV parking rules will be easier as a result of their recommendations. 5. Vehicles Parking and Storage Requirements and Standards in Residential Lots. A. All vehicles parked in the front yard (setback) of a residential lot shall be parked only on a driveway leading to a garage or carport (the code currently allows circular driveways that do not lead to a arage or carport. Staff will make a final determination on this issue prior to presenting it in codified form), and shall be parked on a fully paved surface. The maximum allowable area to be paved for such purposes is 35 percent of the front yard setback area. B. Parking of any vehicles on unpaved surfaces, concrete tiles or blocks, or grasscrete blocks, concrete tiles, or similar surfaces is prohibited. Driveways must be fully paved. Staff believes this recommendation is too rigid. In an effort to encoura e� less pavement grasscrete and other durable turf blocks should be allowed. C. The parking or storage of inoperable vehicles in the front yard of a residential lot is prohibited. Inoperable vehicles may be parked or stored in the side or rear yards of a residential lot on a paved area or in a garage, provided the vehicle is fully screened with approved and appropriate fencing from public view. Staff believes the above requires lavage not allow/nEr parking or storing of inoperative vehicles on the street side of corner lots. D. The parking of any vehicle on any vacant unpaved lot is prohibited. E. Parked vehicles in front yard driveways shall not encroach into a parkway containing sidewalks or without sidewalks or at least 8'-0" from the edge of the curb and in the absence of a curb at least 8'0" from the edge of the paved road. F. Vehicle repairs shall not be performed in front yards setbacks except in case of an emergency. No long term repairs or car dismantling shall be allowed in front yard setbacks. An emergency is considered as the car being unable to start such as a battery jump or changing a flat tire. Long term repairs are considered those taking more than a 12 consecutive hour period. Staffstrongly supports this recommendation At this time there are no Provisions for citing of vehicles marked on front lawns. /t is further suggested that these regulations also be included in the Azusa Municipal Code in order to facilitate citing by both Police Department and Community Development Departments. Vehicle Parking Restrictions on Public Streets. 5taffbelieves this entire section does not belong in the Development Code but should be contained in the Municipal Code. furthermore the issue of city-wide street sweepingis Current/v under discussion with the City's service provider /t is anticipated that city-wide street sweeping will be a recommendation included in the FY2007 Operating Budget. /molementation of the committee's recommendations in that regard, could lead to higher costs due to the alternating north/south and east/west routes being recommended a 1 C. Parking of all vehicles on public streets of Residential Neighborhoods shall not exceed 72 consecutive hours as mandated by State Law. Parking of all vehicles on public streets shall be restricted for street sweeping as posted and in accordance with the City of Azusa Street Sweeping Map. Street sweeping days are the day following trash collection days and the same existing boundaries. The east side of streets running north/south bound and the south side of streets running west/east bound shall be swept between the hours of 8:00 A. M. and Noon. The west side of streets running north/south bound and the north side of streets running west/east bound shall be swept between the hours of 1:00 P. M. and 5:00 P. M. Parking of all vehicles in areas of the City other than Residential Neighborhoods shall be restricted as posted by the City Engineer. Street sweeping in non-residential neighborhoods shall continue to be Monday and Thursday nights between the hours of and 17. Miscellaneous front Yard (Setback) Requirements. A. Accessory Structure. A structure that is physically detached from, secondary to and incidental to and commonly associated with a primary structure on the same site. See also "Agricultural Accessory Structure," and "Residential ! Accessory Uses and Structures." B. Residential Accessory Use or Structure. Any use and/or structure that is customarily a part of, and clearly incidental and secondary to a residence, and does not change the character of the residential use. This definition includes the following detached accessory structures, and other similar ( structures normally associated with a residential use of property. See also "Agricultural Accessory Structure." garages storage sheds gazebos studios greenhouses (non-commercial) swimming pools patio covers tennis and other on-site sport courts spas, hot tubs, and saunas workshops Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include: second units, which are separately defined; guest houses, which are included under the definition of second units; or home satellite dish and other receiving antennas for earth - based TV and radio broadcasts (see "Telecommunications Facilities"). See Section 88.42.020 (Accessory Structures). C. Limitation on location. An accessory structure shall not be permitted in a front yard setback. Staff believes this to be redundant. The setback regulations prohibit structures for locating in the front setback C. Tents and portable shelter structures. The use of tents and other temporary and portable shelter structures (canopies, tarps, canvases, etc.) shall be allowed in the NG residential zones only within a rear yard. In general, staff concurs with all of the applicable recommendations made by the Committee with the exception of those noted above Staff would Mce to note that while codification of these recommendations may streamline and clarify issues related to Code Complfance, enforcement efforts in these areas will have to be balanced with other demands of Code Compliance and Police Department staff It may also be of benefit that once these recommendations are codified that the City undertake an educational public outreach effort to inform RV owners of these new regulations Staff will include funding for this recommended outreach effort in the FY2007 Budget proposals. FISCAL IMPACT There is no immediate fiscal impact as a result of this report. Depending on the City Council's direction of which recommendations to implement there could be staffing and revenue impacts to the City. CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 5, 2007 — 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. CEREMONIAL Ceremonial The City Council members* presented Certificates of Achievement to Slauson Middle School Certificates Football team, SCMAF Flag Football champions. The City Council members` presented a Certificate of Recognition to Ms. Susan Smith, who Cert S. Smith is leaving the Azusa Pacific University Nursing program. *Councilmember Hanks did not participate in the ceremonial portion of the meeting. The City Council reconvened at 7:34 p.m. City Attorney Carvalho advised that there was no Reconvened reportable action taken in Closed Session as the first item was discussed but not completed. City Attorney She advised that Closed Session would reconvene at the end of the meeting if time allowed. Comments Further, she advised that Mayor Chagnon would not participate In Real Property Negotiations Item, due to'a conflict of Interest. Mayor Chagnon called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION —. was given by Pastor Samuel Martinez of Christian Faith Center of the Valley Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, CARRILLO, HANKS, ROCHA, CHAGNON ABSENT: COUNCILMEMBERS: NONE Closed Sess CLOSED SESSION Mayor Chagnon abstained from the real property negotiation Item of the following Closed Recess Session due to a Conflict of Interest. Counciimember Hanks was present and did participate in both Closed Session items listed. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.61 Conf w/Labor Agency Negotiators: City Manager Delach and Assistant City Manager Person Cncl APMA Organizations/Employee: APMA . REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop Neg 1 t0-190 W. Property Address: 110-190 West Ninth Street, Azusa, CA 91702 Negotiating Parties: Watt Genton Associates, LP Negotiators: City Manager Delach and Assistant City Manager Person Ninth Street Watt Genton Agency Under Negotiation: Price and Terms of payment Associates, LP The City Council reconvened at 7:34 p.m. City Attorney Carvalho advised that there was no Reconvened reportable action taken in Closed Session as the first item was discussed but not completed. City Attorney She advised that Closed Session would reconvene at the end of the meeting if time allowed. Comments Further, she advised that Mayor Chagnon would not participate In Real Property Negotiations Item, due to'a conflict of Interest. Mayor Chagnon called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION —. was given by Pastor Samuel Martinez of Christian Faith Center of the Valley Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, CARRILLO, HANKS, ROCHA, CHAGNON ABSENT: COUNCILMEMBERS: NONE Also Present ALSO PRESENT: City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Azusa Police Captain Gonzales, Director of Recreation and Family Services Jacobs, Director of Utilities Hsu, Director of Public Works/Assistant City Manager Maleshanoff, Economic Development Director Coleman, City Treasurer Hamilton, Assistant Community Development Director Onaga, Associate Planner Cole, City Clerk Mendoza, Deputy City Clerk Toscano. Public Part PUBLIC PARTICIPATION Ms. Ginny Dadaian, Representative of Azusa Pacific University, Introduced students who are G. Dadaian APU recipients of the Celebrate Azusa/Nancy Moore Scholarships as follows: Connie Machura, Christopher Richards and Naomi Spinella Ms. Dadaian added that applications for this year's scholarship are due April I"; further that the Budget Committee just approved the inclusion of two additional students from Citrus College. She stated there will be opening of a new Art Exhibit, School of Business and encourages students to apply; applications are available through school counselors at Azusa, Gladstone, and Sierra High schools and Citrus College. Ms. Peggy Martinez, Executive Director of the Miss Azusa Pageant Introduced the P. Martinez Comments contestants of the Pageant as follows: Christina Rojas, Jenny Flores, Jordan Bradshaw, Priscilla Hernandez, and the Miss Outstanding Teen were: Christine Munoz, Fran Martinez, Jamie Alvarez, Vivian Guzman, Ericka Hernandez and Annette Smith. For further information regarding the Pageants, call: (626) 812-5818. Mr. Mike Lee stated that the Citizens Congress Reunion was a very nice event; he thanks all M. Lee Veterans who participated in the honoring of Elias Romero Elias. He talked about the Comments upcoming election noting there were good candidates; he thanked Mountain Cove for the great candidate forum stating that everyone who runs for office is a winner. _ He thanked Mayor Pro -Tem Rocha for all he does, and urged all to vote. Mr. Cynthia Cervantes McGuire, Superintendent of Azusa Unified School District, addressed C. C. McGuire Council to assure the City that they stand head to head on the graffiti problem; she advised Comments on what the AUSD are doing at schools, the Parent University and how to let parents know how to spot graffiti; they have painters at school that get to it as soon as possible. She stated that during the Christmas holiday, Azusa High school gym was hit hard. She stated that Flyers were redone with hot line numbers, and messages calls for City of Covina, City of Azusa, and Los Angeles County. Mr. Jorge Rosales requested that the Mountain Cove Candidates' Forum be televised on the J. Rosales cable television channel; that it would be a benefit to the community and he understands Comments that the City has a contract with Charter Communication which is being under utilized. He commended the City Treasurer Marten Hamilton for the outstanding job she is doing. investing the City's money; he commented on the City Treasurers: report stating thatin the last six month she has invested 75 million dollars which will bring 2 million dollars in revenue to the City and by the end of the year they will be well over 4 million dollars. He also commented on the resolution establishing 3i° party signatory. Ms. Barbara Dickerson, Azusa School Board Member, advised that Center Middle School has B. Dickerson been selected as the AVID demonstration site, Hodge Elementary school has received the Comments Title One Achievement Award, Kindergarten Round Up will begin the end of February, Azusa High school is offering Film Academy as new curriculum, lastly she announced that members of the City's High School Bernadette and Elizabeth Sebastian will participate in the Rose Parade Honor Band. Mr. Dennis Willut addressed Council stating that he hasn't heard from the City regarding an D. Willut Incident with his mother being charged late fees of $500 for a bill which was originally for Comments $32. He detailed the Issue regarding the late business license fee and asked that it be - resolved. He also asked for a senior discount for cable television, extended Library hours, and complained about trash truck emissions. City Manager Delach responded to the issue stating that Mr. Willut was sent response in Mgr writing and he noted that the issue was ignored by Ms. Willut for over a year period and late Comments penalties were assessed. City Attorney Carvalho addressed the issue noting that there is a process for claims for the City Attorney issue with Mr. Wlllut and advised that she would look into the matter. It was noted that the Comments outcome of the issue would be brought back at the next meeting as Information to Council. 02/05/07 PAGE TWO Ms. Laura Jimenez, Representative of Assemblyman Dr. Ed Hernandez, announced that there L. Jimenez would be a Cal -Grant Workshop at Azusa Pacific University on Saturday, February 17, 2007. Announcement i Mr. Nick Rosales,urged all Azusans to elect a candidate that will serve Azusa; he urged all N. Rosales Azusans to go out and vote on election day. He announced a luncheon for Andrea Cruz on Comments February I O` from noon to 3 p.m. ' Celebration I Mr. Manual Pedroza addressed Council reported that there have been vehicles racing on M. Pedroza San Gabriel and/or Foothill Boulevard on Fridays, Saturdays, and Sundays between 2-3 a.m. Comments { In the morning. Committee Mr. Russ Rentschler thanked all for attending the candidates forum at Mountain Cove and R. Rentschler stated that he would like the forum shown on public access television. Comments I City Manager Delach responded stating that the contract with Charter had expired January 1, City Manager IState Law prevents local government from cable franchising authority, however they are still City Attorney required to provide public access and he advised Mr. Rentschler to contact the City's PIO who can direct them to Charter Public Access. City Attorney Carvalho stating that there will also be a need to get permission from the person who created the tape as well as people who participated; Charter may have some concerns regarding this also. Ms. Andrea Cruz addressed Council with comments as follows: Azusa vehicles being towed A. Cruz to the City of Ontario, her attendance at Citizens Congress Reunion —discussions with Comments developers of the Rosedale project regarding commercial development, make prayers more impartial to the politics in Azusa, would like closure of Alameda Street clarified, and invited I members of the public to attend her fundraiser. City Manager Delach responded that Alameda Is the location for the train station and the City Mgr Southern California Railroad Authority (SCRRE) had asked for closure. Response Mr. Art Ramirez stated that the candidates forum held at Mountain Cove was great, he A. Ramirez taped the forum and questioned why they couldn't be shown on local cable as he Comments remembers the city was given a certain amount of money to run public access; he asked If there was a policy for public access. He stated that he would be glad to give the waiver, but, there is no need for one if profit is not being made and he is more than willing to make a copy for each candidate. He encourages all to vote and stated he did a public service announcement at the beginning of the tape. - Additional discussion was held regarding cable public access and the City Attorney advised Discussion that she would work with staff on the matter. Ms. Madelyn Payne announced a Joint fundraiser Joe Rocha and Uriel Macias on Wednesday, M. Payne February 7', from 5-8 p.m. at the old Internet cafe, 635 N. Azusa Avenue; donation is $20 Comments per person. Mr. Art Morales addressed Council stating that with regard to item C-2, he is in agreement A. Morales with everything except the street sweeper; he wants to file a minority report against that, the Comments forum was fantastic, and don't forget to vote. Mr. Mike Trelles, member of the Azusa Committee for Code Compliance, thanked Council M. Trelles for the opportunity to serve on the committee and hoped the City Attorney will incorporate Comments the changes and have stiffer penalties for graffiti. REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates It was consensus of Council to approve a certificate of appreciation to Wells Fargo bank Cert to Wells recognizing them for restoring and display the American Flag on top of its building. Fargo It was consensus of Council to approve a proclamation in honor of Louie Miranda's birthday. Proc L. Miranda Birthday Ms. Annette Marquez, Event Coordinator, American Red Cross addressed Council detailing A- Marquez the Real Heroes Celebration 2007 where they will honor "Heroes" from the 45 communities Real Heroes they service for their action In time of crisis and their examples of extraordinary compassion. Celebration She stated that there will be an Honorary Mayor's Committee who will represent their City Mayor's and the cost is $500. Moved by Mayor Pro -Tem Rocha, seconded by Councilmember Honorary Carrillo and unanimously carried that Azusa join the Honorary Mayor's Committee In the Committee amount of $500. 02/05/07 PAGE THREE Mayor Chagnon congratulated the City of Azusa for its being named 2006 Tree City USA and Chagnon thanked Mayor Pro -Tem Rocha for heading the Committee. ments Moved by Mayor Chagnon, seconded by Mayor Pro -Tem Rocha and unanimously carried to Cert to Azusa approve the request for certificates of recognition to the Azusa Boxing Club Participants who Boxing fought in Puerto Poco as follows: Danny Martinez, Jacob Torres, Jesse Zamora and Joe T. Participants Gonzales. Ms. Jeanette Arteaga, Team Representative for Azusa Boxing Club introduced the Boxing participants as noted above. Moved by Mayor Pro -Tem Rocha, seconded by Mayor Chagnon and unanimously carried to Certificates approve request for certificates of recognition to the Arrow of Light Recipients as follows: To Arrow of Jorge Campos, Mark Deem, Angel Escajeda, Paul Miranda, Juan Mufroz, and Christopher Light Swedlow. Participants Mayor Pro -Tem Rocha thanked Chief of Police for the comprehensive report on his Rocha attendance at a conference. He noted that he heard from the brother in law of Ellas Elias Comments thanking the City for the ceremony honoring Mr. Elias. He shared comments from soldiers stationed in Iraq on receipt of the packages sent to them by the community. He announced that Friends of the Library will be having a book sale on Friday and Saturday, February 16' and W. He talked about his 14 grandchildren of which one, the eldest will soon be Joining the U.S. Marines. Councilmember Hanks stated that Garrett Laidlaw and David Reaver from Troop 488 were in Hanks attendance at the meeting earlier working on their Communication Merit Badges; they were Comments accompanied by their Scout Master Dennis Reaver. Councilmember Carrillo thanked State Senator Gloria Romeo, Assemblyman Ed Hernandez Carrillo and all the citizens and developers for coming out to the Citizens Congress Reunion, it was a Comments huge success and people were able to see all the progress taken place In Azusa; he noted projects and homes being developed. Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DECLARING Res.07-CIO ITS SUPPORT OF THE AZUSA ADULT SCHOOL COMMUNITY PROGRAMS AND THEIR Supp Adult ort CURRENT LEVEL OF FUNDING. School Moved by Councilmember Carrillo, seconded by Mayor Chagnon to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Status Report on Sierra Madre street closure — Azusa Land Partners. Mr. Bill Holman Status Rpt addressed Council advising that Sierra Madre will be opening in September 2007 instead of Azusa Land May. Discussion was held regarding alternative roads, updating signs, closure information, Partners notification to the City of. Glendora, trucks traveling at a high rate of speed, etc. Director of Recreation and Family Services Jacobs and Recreation Superintendent -Parks, Update Pk Chavez to present an update on Park Improvements as follows: Northside Park Fencing, Improvements Slauson Park Restroom, Gladstone Park Ball Field Lighting, Gladstone Park Batting Cage & Clubhouse, Zacatecas Athletic Field Improvements and Fitness PAR Course, and Northside Park Concrete Service Road. SCHEDULED ITEMS Sched Items Background Information on Residential Rental Business License Tax. This report was Information provided for Information purposes. Discussion was held between Councilmember Hardison Residential and staff regarding the subject matter; Councilmember Hardison objected to the single Business family home being taxed, if the homeowner only owns and rents out one home. Staff was License Tax directed look Into the matter noting the following questions: cost of a business license for only one home; cost and rental tax, and also cost for two or more rental homes, and business license for the Individuals. 02/05/07 PAGE FOUR Recommendations by the Azusa Citizens' Committee For Code Compliance. City Manager Delach acknowledged members of the committee for the work and time spent creating the document; members are as follows: Jorge Rosales, Peggy Martinez, Frances Melanson, Bart Luce, Art Morales, Jimmy Sanford, Don Boline, Roman Seano and Mike Trelles. He reviewed the major points which were as follows: temporary signs in connection with commercial, business, service, and retail related entities; recreational vehicle parking and storage in private residential properties and on public streets; vehicle parking and storage on private residential properties and residential zoning streets and alleys; commercial vehicle parking and storage on private residential properties and residential zoned streets and alleys; and, temporary accessory structures visible in front yards, side yards and all private areas other than behind a minimum 5'0" high solid fenced side and rear yard. He noted recommendations by the Committee as well as comments and recommendations by staff. Mr. Jorge Rosales, Chairperson of the Azusa Citizens' Committee for Code Compliance, addressed the Issue recognizing members of the Committee present and not present, and staff members who assisted the Committee. He stated that the Committee took Into consideration the old and new Azusa Municipal Code comparing what took place in the past and why it was changed. He stated the Committee spent hours and hours of research to develop the recommendations and their major objective was to try and be fair. He encouraged the Councilmembers to review what is recommended and supplied his telephone number, (626) 374-7798, and email address, ceoilloCryaol.com, In order to direct questions. ACCFCC Recommen- dations City Manger Comments J. Rosales Chairman of ACCFCC Comments Lengthy discussion was held among Councilmembers, Staff. and City Attorney Carvalho Lengthy regarding the portion of the ACCFCC recommendations regarding Vehicle Parking and Discussion Storage (Including Recreational and Commercial Vehicles). After an array series of comments, questions and suggestions, It was consensus of Council to bring back the ACCFCC item to the next Council meeting in order to discuss the .remainder of the _ document; further, questions and comments could be submitted to Staff in advance. The CONSENT CALENDAR consisting of Items D-1 through D- 15 was approved by motion Consent Cal of Mayor Pro -Tem Rocha, seconded by Councilmember Carrillo and unanimously carried Approved with the exception of item D-11 and D-15, which was considered under the Special Call D- 11 & 15 portion of the Agenda. Spec Cali 1. Minutes of the regular meeting of January 16, 2007, and the special meeting of Min appvd December 11, 2006, were approved as written. 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or Regular Appointments: B. Bacioni, Police Sergeant, and M. Kay, Items Office Specialist. New Appointment: R. Espinosa, Police Officer Trainee and L. Tolentino, Engineering Associate. 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, DECLARING Res. 07 -CII HAZARDOUS BRUSH, DRY GRASS, WEEDS, COMBUSTIBLE GROWTH OR FLAMMABLE Weed VEGETATION ON IMPROVED PARCELS OF LAND TO BEA SEASONAL AND RECURRING Abatement NUISANCE. Impvd Prop 4. FINAL TRACT MAP NO. 64417-1, ARBORVIEW AT ROSEDALE. The following was Final Tract Map approved: 1. That this project complies with the General Plan and is consistent with the No. 64417-1 approved tentative map and any amendments thereto. 2. The dedications as offered Arborview at on the map are hereby approved and accepted. 3. The City Council approves and Rosedale authorizes the City Manager to execute the attached AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FOR TRACT NO. 64417-1 to construct the required public improvements and also accept the attached Faithful Performance Bond in the amount of $1,316,830, the attached Labor and Materials Bond for $658,415 as guaranteed by Arch Insurance Company, and a cash bond in the amount of $5,300 for monument surveys. 4. That pursuant to Section 66436(a) (3) (A) (i -vii) of the Subdivision Map Act, the City Council hereby finds that the development of the property, In the manner set forth on the subject division of land, will not unreasonably Interfere with the free and complete exercise of the easements held by Azusa Land Partners, LLC, and accepts the map without the signatures of said easement holders. 5. Approve Final Tract Map No. 64417-I, and 6. The City Clerk is hereby authorized to endorse on the face of the maps the certificates, which embodies the approval of said maps and acceptance of dedications. 02/05/07 PAGE FIVE 5. The Grant Deed from Mankowskl Homes for the extension of Citrus Avenue for public Grant Deed street and utilities purposes was approved. Mankowskl 6. The Request for Proposal (RFP) for the Garage Contract was approved and staff was RFP Garage authorized to publish the Notice Inviting Proposals. Contract 7. Approval was given for the installation of a boiler and hot water system at the Senior Install Boiler Center from AIR -EX Incorporated in the amount of $22,395, which Includes all labor, Hot Wtr Sys connections and equipment necessary. Senior Center S. The New Appointment of 1. Barnes, Community Improvement Inspector to be funded New Appt by Community Development Block Grant (CDBG) funds, was presented as an CDBG funds information item. J. Barnes 9. The City Treasurer's Statement as of December 31, 2006, was received and Filed. Treas Rpt 10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING A Res. 07-C12 THIRD PARTY CUSTODIAL ACCOUNT WITH WELLS FARGO BANK FOR THE Third Party SAFEKEEPING OF THE CITY'S INVESTMENTS. Custodial Wells Fargo 11. SPECIAL CALL ITEM. Spec Call 12. Approval was given to approve budgetary staffing in order to allow the Police Approve Department to exceed the budgeted position count by no more than.two sworn police Budgetary staff officer positions and authorize the City Manager to openly recruit to fill anticipated PD vacancies. 13. Approval was given for a 5'/z month extension of the existing franchise agreement (the Extend "Agreement") entered Into on February 5, 2002 by and between the City of Azusa, a Franchise municipal corporation, , and three of the four current tow operators ("Franchisees" Agmt Johnny's, Cities and Jan's Tow Companies), which Is set to expire at midnight on Tow Operators . February 28, 2007. This proposed extension would expire at midnight on August 6, 2007. 14. The Agreement for Reimbursement Engineering Services for Rosedale CFD No. 2005-1 Reimbursement was approved with David Taussig ✓S, Associates, Inc., and the City Manager was Agmt Taussig authorized to execute the agreement. Rosedale CFD 15. SPECIAL CALL ITEM. SPECIAL CALL ITEMS Spec Call Special Call Mayor Pro -Tem Rocha addressed Item regarding approval of Parcel Map No. 62648, Rocha regarding a comment in the document that states "Proceeds for the sale of the two lots will Comments be used for public purpose project", he asked what the projects were at this time. City Manager Delach responded stating that they are not recommending sale at this time, City Mgr but there may be City or Redevelopment use for the property. If there is a sale it will be Response brought back for approval by the Council. Councilmember Hardison offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING PARCEL MAP Res. 07-C13 NUMBER 62648. Parcel Map 62648 Moved by Councilmember Hardison, seconded by Mayor Pro -Tem Rocha to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO. ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mayor Pro -Tem Rocha addressed the City Warrant Register with a question regarding the Rocha purchase of a DVD. City Manager Delach responded that it was purchased by the Senior Comments Center 02/05/07 PAGE SIX Mayor Pro -Tem Rocha offered a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 07-C14 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO Warrants BE PAID. Moved by Mayor Pro -Tem Rocha, seconded by Councilmember Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 10:33 P.M. CRA convene THE CITY COUNCIL RECONVENED AT 10:34 P.M. Cncl reconvene THE C17Y COUNCIL RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY APFA convene CONVENED AT 10:34 THE CITY COUNCIL RECONVENED AT: 10:35 P.M. Cncl reconvene ORDINANCES/SPECIAL RESOLUTIONS Ord/Spec Resos Councilmember Hanks offered an Ordinance entitled: AN ORDINANCE OF THE CITY OCUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADOPTING Ord. 07-02 AND APPROVING A ZONING ORDINANCE AMENDMENT -DEVELOPMENT CODE TEXT Medical AMENDMENT ZCA-223 TO ALLOW "MEDICAL SERVICES -EXTENDED CARE" IN THE NC Services (NEIGHBORHOOD CENTER) ZONES WITH A USE PERMIT. Extended Care Moved by Councilmember Hanks, seconded by Councilmember Hardison to waive further NC zones reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilmember Carrillo offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING Ord. 07-03 AMENDMENTS TO CHAPTERS 88.22 - NEIGHBORHOODS, 88.24 - DISTRICTS, 88.26 - Amend AMC CORRIDORS, AND 88.28 - SPECIAL PURPOSE ZONES OF ARTICLE 2 - URBAN STANDARDS; Neighborhood TO ADD CHAPTER 88.42.146 - NEIGHBORHOOD TUTORING CENTERS TO ARTICLE 4 - Tutoring STANDARDS FOR SPECIFIC LAND USES; AND TO AMEND ARTICLE 7 - GLOSSARY, OF Centers CHAPTER 88, DEVELOPMENT CODE, OF THE CITY OF AZUSA MUNICIPAL CODE IN ORDER TO ESTABLISH REGULATIONS RELATED TO NEIGHBORHOOD TUTORING CENTERS (CASE NUMBER ZCA 224) Moved by Councilmember Carrillo, seconded by Mayor Pro -Tem Rocha to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: HARDISON ABSENT: COUNCILMEMBERS: NONE Councilmember Hardison offered an Ordinance entitled: AN ORDINANCE OF THE CITY OF AZUSA AMENDING THE REDEVELOPMENT PLAN FOR THE Ord. 07-04 MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA Amend (PERTAINING TO ALL TERRITORIES EXCEPT THOSE APPROVED BY CENTRAL BUSINESS Redevelopment DISTRICT AMENDMENT NO. 8) PURSUANT TO SENATE BILL 1096 AS CODIFIED IN HEALTH Plan AND SAFETY CODE SECTION 33333.6. Moved by Councilmember Hardison, seconded by Councilmember Carrillo to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: 02/05/07 PAGE SEVEN AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE It was consensus of Councilmembers to recess to Closed Session to discuss the following: Pec Clsd Sess CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec 54957.6) Conf w/Labor Agency Negotiators: City Manager Delach and Assistant City Manager Person Neg APMA Organizations/Employee: APMA REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Property Address: 110- 190 West Ninth Street, Azusa, CA 91702 Negotiations Negotiating Parties: Watt Genton Associates, LP 1 10-190 W. Agency Negotiators: City Manager Delach and Assistant City Manager Person Ninth St Under Negotiation: Price and Terms of payment Mayor Chagnon abstained from the Real Property item. The City Council recessed at 10:35 Recess P.M. The City Council reconvened at 11:05 P.M. City Attorney Carvalho advised that there was Reconvene no reportable action taken in Closed Session. No Reports UPCOMING MEETINGS: February 20, 2007, (Tuesday) Council Meeting — 6:30 p.m. February 26, 2007, Utility Board Meeting — 6:30 p.m. March 5, 2007, City Council Meeting — 6:30 p.m. March 19, 2007, City Council Meeting — 6:30 p.m. March 26, 2007, Utility Board Meeting — 6:30 p.m. It was consensus of the Councilmembers to adjourn. TIME OF ADJOURNMENT: 11:06 P.M. CITY CLERK NEXT RESOLUTION NO. 2007-C15. NEM ORDINANCE NO., 2007-05. 02/05/07 PAGE EIGHT Adjourn CONSENT CALENDAR TO: HONORABLE MAYOR"AND MEMBERS OF THE CITY COUNCIL FROM: CATHY HANSON, DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER VIA: F.M. DELACH, CITY MANAGERAPV-0 DATE: FEBRUARY 20, 2007 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). i BACKGROUND On February 13, 2007 the Personnel Board confirmed the following Department Head recommendation regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPART' 'NAME" ''CLASSIFICATION y _ ACT10N/EFF''r. RANGE/STEI'gffi `BASE'MOSALARY.;r:. IT Richard Cabildo Senior IT Analyst Merit Inc 4214/3 12-21-06 $5,712.03 IT Jaime Prado Senior IT Analyst Merit Inc 4214/3 12-21-06 $5,712.03 IT Maggie Perldns Information Technology Analyst Merit Inc 4188/5 12-21-06 $5,026.41 PD Tamara Patlogar Police Dispatcher Merit Inc 9164/4 12-1-06 $3,786.97 PD Thomas Avila Police Officer Merit Inc 6101/5 1-15-07 $5,978.17 PD Paul Dennis Police Lieutenant Merit Inc 3423/5 3-25-07 $8,425.00 PD Tom Montague Law Enforcement Comm Impv Officer Merit Inc 4198/3 1-1-07 $5,103.33 PD John Momot Police Lieutenant Merit Inc 3423/5 I 03-25-07 $8,425.00 UTL Armando Solis Apprentice Line Mechanic 'Merit Inc 5204/4 1-19-07 $5,704.06 4 B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant IO InC I[UICJ DEPARTMENT: VI IIIC \..IV 11 JG NAME • TION ,. IEFFECTIVE R_ANGE75TE1' 'LASSIFFI e' Human Resources BASE MOISALARY Human Resources Noel Carpenter Pending phy & 4167/3 Technician fingerprints $3,813.91 Police Steve Spahr, II Police Officer Trainee Pending phy & 4184/1 bacl round $3,910.31 1 ' C. PROMOTION - The following promotion(s) have been requested by the department head and are being made in accordance with the City of Azusa Rules of the Civil Service System. D S la ' _Associate Planner to Senior Planner 2-21-07 4207/5 j_..•- - - - _- -- - -- ,229.47 LITIES Santiago Cabral Meter Reader to Field Service Rep 2-21-07 51 4/5 741.63 D. SEPARATION: The following separations are submitted for informational purposes. Planner 11TILITI�1 Estela Solano I Customer Service Rep 11 1 1-25-07 1 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. . a I CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF DIRECTOR OF INFORMATION TECHNOLOGY VIA: F.M. DELACH A CITY MANAGER 1 DATE: FEBRUARY 20, 2007 SUBJECT: PURCHASE OF 21 PERSONAL COMPUTERS FROM CDW-G (COMPUTER DISCOUNT WAREHOUSE -GOVERNMENT) UNDER WSCA (WESTERN STATES CONTRACT ALLIANCE) { RECOMMENDATION 1. It is recommended that the City Council waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523(e) due to the fact that CDW-G is covered under the WSCA (Western States Contract Alliance) { agreement number A74401, which allows cities to waive formal bidding, and award the issuance of a Purchase Order to CDW-G in the amount not to exceed $21,869.00. BACKROUND Each year the City's Information Technology plans for the rotation of computer hardware. Since 1996 the staff has been rotating out and retiring antiquated hardware. This effort has succeeded in standardizing PCs throughout all departments. The ongoing Information Technology equipment replacement plan is to address areas with low-end computers, and realign PC replacement with PC life cycle through annual equipment replacement. Given the high total cost of ownership and the rapid obsolescence of the PC's, replacements were initially planned over a 3 year life cycle. By relocating PC's and printers across departments and users as we procure new systems, we have been able to achieve optimal usage !, of the equipment and extend the life of the PC's to 4 years in most cases. Thus on average one fourth of the City PC's, printers. and servers need to be replaced annually to keep performance and reliability to a minimum standard. These 21 PC's will be used in various departments. FISCAL IMPACT This expenditure is budgeted as part of the 2007 operating budget, equipment replacement, 48499300007142. 1 Quotes Find Your Quotes J -Your Quotes Quote Details Page 1 of 1 800.581.4239 Ann Graf Quote # You may send this quote to an associate by clicking Send quote to an associate or convert this quote to an order by clicking Add to Cart below. Please Note: Quotes cannot be edited and re -saved for future purchase. A new cart must be created and saved as a new quote... __.... Quote Information Send quote to an associate Quote #: FKQ6031 Status: Open Quote Date: 2/8/2007 Contact: ANN GRAF-GAYNOR Description: WSCA DC7700 QUOTE Billed From Address CDW Government Inc. 230 N. Milwaukee Ave Vernon Hills, IL 60061 (800) 594-4239 Shipping Address Select shipping address during checkout. I Need Help? Contact Vanessa Seidel Phone: (866) 339-3647 Fax: (312) 705-8253 E -Mail uo ato Vanessa Billing Address ANN GRAF ANN GRAF ATTN: CITY OF AZUSA ATTN- CITY OF AZUSA 213 E FOOTHILL BLVD AZUSA, CA 91702-2514 (626)812-5024 Payment Method Select payment method during checkout. Shipping Method FedEx Ground Product Contract I CDW I Mfg Part # I Qty I Price Ext. Price HP Comoaa Business Desktop dc7700 Market 1050197 1 R1934AA#ABA 21 $962.00 1 $20,202.00 i -Tax may change if this quote is amended. +J 1 quo-�oca� gav,cvc...� 'US Tax: $1,666.67 Shipping: $0.00 Grand Total $21,868-67 https://www-cdwg.com/shop/quotes/QuoteDetails.aspx?qn=FKQ6031 &printable=1 2/8/2007 CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/CFO I VIA: FRANCIS M. DELACH, CITY MANAGER 4 2 DATE: FEBRUARY 20, 2007 SUBJECT: UNIFORM RENTAL AGREEMENT 1 RECOMMENDATION It is recommended that in accordance with the provisions of Section 2-518(c) under Article VII, Bidding and Contracting, of the Azusa Municipal Code, City Council approve the attached agreement between the City of Azusa and SoCal Uniform Rental of San Gabriel, CA, for the purpose of supplying new uniforms to our uniform wearing staff, for a period of 36 months with two (2) 12 month extensions based upon satisfactory service, and authorize the issuance of a blanket Purchase Order for the remainder of the 2006/07 fiscal year in the amount of $9,000. Also authorize the issuance of blanket Purchase Orders in the amount of $26,970 each, for the next two years, and $17,971 for the final eight month portion of the agreement. 1 BACKGROUND Thie city provides daily changes of clean shirts and pants to Light & Water, Public Works, and Parks Department personnel, in various colors and fabrics, depending on the division. The city also provides clean coveralls on a selective basis for the water Crew that require extra protection. In addition, Cal OSHA has mandated that the Electric Division of the Utilities Department, and select members of the Consumer Services Department wear uniforms that minimize the risk of injury from electric shock or fire. The cost of these flame retardant uniforms ranges from four to six times the cost of the cotton uniforms that the other crews wear. Honorable Mayor and Members of the Council Page 2 The city also rents floor mats, bed sheets and bath towels for various departments and the Police Department. The Purchasing Division held a formal bid opening in the Office of the City Clerk on December 19, 2006, where four bids were received. SoCal Uniform is the low bidder of record by $277 over a three year period. FINDINGS Company Name Location 3 Year Cost to City SoCal Uniform Rental San Gabriel, CA $80,911 Cintas Corp. Whittier, CA $81,188 Mission Linen Supply Anaheim, CA $94,132 UniFirst Corp. Ontario, CA $101,520 FISCAL IMPACT Sufficient funding remains in the operating budgets of the Utilities, Public Works, Parks, Purchasing and Police Department for the remainder of the fiscal year. Furthermore, the appropriate amounts will be budgeted for the subsequent fiscal years. 2 AGENCY AGENDA ITEM TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE AGENCY BOARD FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F. M. DELACH, EXECUTIVE DIRECTOR ho DATE: FEBRUARY 20, 2007 SUBJECT: AUTHORIZATION TO AWARD THE DEMOLITION AND ASBESTOS ABATEMENT CONTRACT FOR THE DEMOLITION OF 6 VACANT STRUCTURES, PARKING LOT, AND NORTHERLY PORTION OF THE ALLEY LOCATED ON THE BLOCK 36 PROJECT SITE AND THE WIMPEY'S PAWN SHOP BUILDING RECOMMENDATION It is recommended that the Agency Board approve and award two separate contracts for the removal of asbestos and demolition of: 6 vacant commercial structures, a parking lot consisting of 5 parcels, and portions of the northerly alley located on the Block 36 project site to Interior Demolition Inc. in the amount of $147,496.00, and the removal of asbestos and demolition of the Wimpey's Pawn Shop Building to Interior Demolition Inc. in the amount of $33,700.00, and authorize the Executive Director to execute the requisite contracts and agreements with Interior Demolition Inc. BACKGROUND On February 6, 2006, the Agency Board approved an Exclusive Negotiation Agreement (ENA) between the Redevelopment Agency of the City of Azusa ("Agency") and Lowe Enterprises Real Estate Group - West, Inc. ("Developer") for the development of Block 36. The site is generally bounded by Azusa Avenue on the west, Foothill Boulevard on the. north, Alameda on the east and 6th Street on the south. On May 1, 2006, the Agency Board adopted a Resolution of Necessity authorizing the use of eminent domain authority to acquire the property located at 100 East Foothill Boulevard, APN #8611-003-006, (Wimpey's Pawn Shop parcel) as part of the development of the Block 36 project (the "Project"). On December 4, 2006, the Agency Board approved a Settlement Agreement for the acquisition of the Wimpey's Pawn Shop parcel and the relocation of the business. The total Block 36 development project site is approximately 2.85 acres, consisting of six vacant Agency owned commercial structures, a City owned parking lot, a parking lot owned by Bank of America (approximately 0.75 acres), and the Wimpey's parcel (see attached Assessors Parcel Map). The Developer, through a separate transaction will acquire the Bank of America parcel. The Bank parking lot is not part of the demolition project. All other businesses that occupy the structures to be demolished have either vacated or will vacate no later than the end of February 2007. I :4 HONORABLE CHAIRPERSON &AGENCY MEMBERS February 20, 2007 Demolition Award for Wimpey's ayd Block 36 P#ge 2of3 On January 16, 2007, the Agency held a public hearing and approved entering into a Disposition and Development Agreement ("DDA") with the Developer for the development of the site as a quality mixed-use project consistent with the General Plan and Development Code. Under the DDA the Agency is obligated to perform the asbestos abatement and demolition of the site. On January 16, 2007, the Agency Board approved the specifications for demolition and asbestos abatement for the Block 36 project, which consists of 6 vacant commercial structures (APN# 8611- 003-906, 907, 908, 909, 910, and 912), the City -owned parking lot (APN# 8611-003-911, 900, 901, 902, and 903), and northerly portions of the alley located on the Block 36 project site and the property located at 100 East Foothill Boulevard, (APN # 8611-003-006) commonly known as the Wimpey's Pawn Shop. The Agency authorized staff to advertise the bid process. On January 25, 2007 staff advertised the demolition and asbestos abatement project through the green sheet and the Azusa Herald. On February 1, 2007 as a requirement to the bidding process, a mandatory walk-through was scheduled. Three (3) contracting companies participated in the walk-through. On February 7, 2007 addendums were issued modifying the original specifications as set forth under the original bid and advertisement. The addendums were faxed to all the interested contractors that participated in the mandatory walk-thru of February 1, 2007. On February 12, 2007 all bids for the demolition and asbestos abatement for Block 36 and the former Wimpey's Pawn Shop building were due. Three (3) bids were received. Bids were received from three (3) construction/contractor companies by the February 12, 2007 deadline date. The bids ranged from $33,700 to $73,000 for the Wimpey's property and $147,496 to $295.,800 for Block 36. The lowest bids were received from Interior Demolition Inc. at $33,700 and $147,496 respectively. The breakdowns of the received bids are as follows: Company Wimpey's Property Bid Block 36 Bid Interior Demolition, Inc. $33,700.00 $147,496.00 Castlerock Environmental, Inc. $44.707.00 $264,230.00 J&G Industries, Inc. $73,000.00 $295,800.00 The Work that will be performed by the selected construction company will be under two separate contracts. One contract will include demolition and removal of the 6 existing vacant commercial structures, removal of the asphalt parking lot, grading to the site level and clearing of the site. The other contract will include the demolition and asbestos abatement of the former Wimpey's property. During the time of the abatement and demolition process, a City -hired environmental consultant and City inspector will ensure proper work performance and handle daily contractual field issues. The City will enforce the contractor's requirement to provide adequate site security, implement dust control, air pollution prevention, and odor control measures to prevent the creation of dust, air pollution, and odor during the period of operation. The site will be protected throughout the abatement and demolition process. A screened fence and gate will remain in place to ensure safe passage around the demolition area. The use of explosives will not be permitted for demolition. The contractor will be given a period of 60 working days to complete both the abatement and demolition work under the contract. The Contractor will also be required to be bonded, carry the requisite insurance and shall furnish proof thereof, and will be required to indemnify the Agency and City. 2 t HONORABLE CHAIRPERSON &AGENCY MEMBERS February 20, 2007 Demolition Award for Wimpey's and Block 36 Page 3 of 3 The contractor will need to meet all the required federal, state, and local requirements, including Cal OSHA, NPDES, and AQMD as designated in the project specifications. The project will be subject to prevailing wage requirements. The two abatement and demolition bids were advertised separately for each project; one for the 6 structures and other improvements on the Block 36 site and another for the Wimpey's Pawn Shop. The demolition work is necessary in order to prepare the site for the construction of the Block 36 Development Project, consistent with the DDA with the Developer. ENVIRONMENTAL REVIEW It is determined that the anticipated environmental impacts of the demolition project are not substantial enough to warrant additional environmental review. The demolition project as proposed would not result in any new significant impacts or substantially increase the severity of significant impacts previously identified in the EIR for the General Plan and Development Code. The Addendum to the General Plan and Development Code EIR for this project was adopted on May 1, 2006. The Notice of Determination was subsequently filed on May 3, 2006 and posted with the County from May 3, 2006 to June 2, 2006. The purpose of bidding the Wimpey's demolition separately from the rest of Block 36 project site demolition is a result of the Agency utilizing tax-exempt bond funds for acquisition of all of Block 36, exclusive of the Wimpey's site. The Wimpey's site was acquired with non -tax-exempt funds in order to possibly realize a share of profits from the Developer per the DDA, once that project is complete/sold. Since the remainder of the Block 36 properties were purchased with tax-exempt bond funds, such properties cannot be included as part of the profit-sharing agreement between the Agency and the Developer. FISCAL IMPACT: The cost of the project for demolition of Block 36 (not including Wimpey's Pawn Shop) is estimated at $147,496 and has been budgeted in the FY 2006/07 Agency budget and will be drawn from the Tax Exempt Bond fund account. The demolition cost for Parcel 8611-003-006 (formerly Wimpeys Property) in the amount of $33,700 will be taken from the Non -tax-exempt fund account. Bond proceeds and tax -increment funds have been budgeted in the amount of $300,000 for the project. Prepared by S. Benavides Attachments: ExhibitA- ISiteMap BAC: SB 3 m AGENDA ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD FROM: BRUCE COLEMAN, ECONOMIC/COMMUNITY DEVELOPMENT DIRECTOR VIA: F. M. DELACH, EXECUTIVE DIRECTOR WO DATE: FEBRUARY 20, 2007 SUBJECT: TENANT SETTLEMENT FOR GIRO MAZZ, A BUSINESS LOCATED ON THE AGENCY ACQUIRED PARCEL AT 150 WEST 9T" STREET RECOMMENDATION It is recommended that the Agency Board authorize the Executive Director to execute a settlement agreement with Giro Mazz, an existing business which is located within the King Ranch Market, in the amount of $75,000. BACKGROUND In order to continue efforts to redevelop and revitalize the Central Business District area, in 2003, the Agency adopted the Amended and Restated Redevelopment Plan for the Merged Central Business District and West End Redevelopment Projects. One vehicle for redevelopment is the assemblage of improved, odd -shaped parcels,into a single, larger "squared -off" parcel. Such assemblage can have the economic benefit of (a) eliminating any functional inefficiency or obsolescence caused by the "odd -shaped" nature of a parcel, and (b) creating a larger parcel that can accommodate certain projects (i.e. community shopping centers or mixed use developments) that smaller parcels would be unable to accommodate due to their size. To that end, the Agency has acquired the real property located at 1 10-190 West 9`" Street. The Agency entered into escrow for the purchase of the properties located at 1 10-190 West 9" Street and 809 North Azusa Avenue in November of 2006. Prior to that time and subsequent to the opening of escrow, the Agency has been working with the existing businesses to discuss the redevelopment goals of the Agency and the protections afforded to each business under California Redevelopment Law. On January 16, 2007, the Agency Board approved Settlement Agreements with the following tenants: Lucky Choice Restaurant, Lozano Laundromat, P&A Beauty Salon, Alondra's Bakery, Central Video 93, Community Garage, and Foothill Drug Company. Giro Mazz is an existing tenant located in the King Ranch Market. Staff has now negotiated and a settlement agreement with this tenant. SETTLEMENT/LEASE AGREEMENTS The Agency procured the services of three qualified firms to assess the economic value of the business with respect to Goodwill (California Commercial Appraisers), Relocation (Overland, Pacific & Cutler), Fixtures and Equipment (Hjelmstrom &Associates). Based upon the values provided by the firms, Agency staff then proceeded to negotiate an all inclusive settlement agreement with Giro Mazz. The Honorable Chalrman and Members of the Agency Board Subject: Tenant Settlement Agreement -Giro Mazz February 20, 2007 Page 2 The following represents the financial terms of the settlement agreement, subject to Agency Board approval: Name of Business Business Owner Settlement Amount Giro Mazz Jose Fernandez $75,000 TOTAL $75,000 The settlement amount includes, without limitation, full payment of just compensation and all relocation benefits, reestablishment costs, leasehold interest, goodwill, furniture, fixtures and equipment, attorneys' fees, costs, interest, and damages in complete settlement of all claims (known and unknown), causes of action and demands. FISCAL IMPACT The total cost for the settlement agreement with the identified tenant is $75,000. The source of funding for the payment to Giro Mazz is tax-exempt bond proceeds from the 2005 Agency bond issue. EXHIBITS: Settlement Agreement RELOCATION SETTLEMENT AGREEMENT AND GENERAL RELEASE This Relocation Settlement Agreement and General Release (this "Agreement") is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body, corporate and politic ("Agency"), and Jose Fernandez, ["jointly and severally" or "a sole proprietor"] doing business as GIRO MAZZ ("Mazz"). Agency and Mazz are sometimes individually referred to herein as "Party" and collectively as "Parties." This Agreement will not become effective until the date ("Effective Date") on which this Agreement is signed by both Parties. RECITALS A. Agency is the owner of certain real property located at 150 West 91h Street, Azusa, California, which is more fully described in Exhibit "A" attached and made a part of this Agreement (the "Premises"). The Premises are a portion of that certain commercial shopping center located at 110-130 and 150-190 West 9th Street, Azusa, California. B. Mazz currently occupies the Premises for the purpose of operating a check cashing business. C. Mazz desires to relocate from the Premises as a result of the Agency's acquisition thereof. Under applicable law, Mazz may be entitled to claim certain rights and benefits including, but not limited to, any claims for statutory relocation benefits, moving expenses, reestablishment expenses, just compensation, severance damages, loss of goodwill interest, litigation expenses, attorneys' fees and costs, damages for inverse condemnation, unreasonable pre -condemnation delay, unreasonable pre -condemnation activities, and other expenses and losses associated with Mazz's displacement from the Premises (all of the foregoing, collectively, `Benefits"). D. Mazz has been advised and informed of their rights under applicable law and the Benefits which Mazz may be entitled to claim. Mazz desires to and does hereby elect to receive a fixed - lump -sum payment in lieu of such Benefits in the form of the Relocation Settlement Payment as. set forth in Section 2 of this Agreement and agrees to vacate and surrender possession of the Premises in exchange for Agency's payment of the Relocation Settlement Payment. E. Agency and Mazz wish to resolve and settle, once and for all, all present, past, -and future controversies, claims, causes of action or purported causes of action, defenses, and disputes, both real and potential, which Mazz may have against Agency and/or the former owner of the Premises with respect to Agency's acquisition and use of the Premises, termination of Mazz's leasehold interest in the Premises, and any Benefits Mazz may claim as a result of Mazz's displacement from the Premises. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the receipt and adequacy of which is hereby acknowledge, the Parties agree as follows: RVPU13ISASMUNDSON\727281.1 - 1 1. MAZZ STATUS. Mazz expressly represents and warrants to Agency that: (a) Mazz is currently and legally doing business under the fictitious business name of Giro Mazz. (b) Jose Fernandez is the sole owner of Giro Mazz, he has not sold, assigned, or transferred to any third party any portion of their ownership interests in'Giro Mazz. (c) Mazz currently occupies the Premises utilizes same for the purpose of operating their check cashing business. . (d) The average annual net earnings of the business operated by Mazz is greater than _ Dollars ($ ). 2. RELOCATION SETTLEMENT PAYMENT. (a) In consideration of Mazz's waiver and release, as provided in Section 5, and Mazz's other obligations as set forth herein, Agency shall pay to Mazz a sum of Seventy Five Thousand Dollars ($75,000.00) ("Relocation Settlement Payment"), representing the total amount of compensation to be paid to Mazz for any and all expenses and damages which Mazz may claim or be entitled to as a result of Agency's acquisition and use of the Premises, termination of Mazz's leasehold interest in the Premises, and Mazz's displacement from the Premises, including but not limited to Benefits to which Mazz may be entitled as a result thereof. (b) Agency shall pay the Relocation Settlement Payment within five (5) business days following the Vacation Date, provided that Mazz has delivered a Certificate of Abandonment to Agency. The Relocation Settlement Payment shall be made payable to Jose Fernandez dba Giro Mazz and mailed or personally delivered to: Jose Fernandez dba Giro Mazz 809 North Azusa Avenue Azusa, CA 91702-2510 (c) Mazz agrees that the Relocation Settlement Payment represents the total amount of compensation to be paid to Mazz by Agency and full satisfaction of any and constitutes all of Agency's obligations to Mazz, including without limitation any obligations for damage of any nature and all Benefits to which Mazz may be entitled as a result of Agency's acquisition and use of the Premises. 3. POSSESSION OF PREMISES. Mazz shall be entitled to remain in possession of the Premises until March 15, 2007 ("Vacation Date"). 4. VACATION OF PREMISES. RVPUMSASMUNDS0N\727281.1 2 (a) Mazz agrees, represents, and warrants to Agency that, as of the Vacation Date, Mazz shall completely vacate and surrender possession of the Premises and shall deliver to Agency a Certificate of Abandonment in a form satisfactory to Agency. (b) Prior to or on the Vacation Date, Mazz shall remove all its personal property, trade fixtures, and equipment from the Premises. (c) As of the Vacation Date, any and all of Mazz's rights, title, and interest in the Premises, in any leasehold interest respecting the Premises, and in any personal property, trade fixtures, and equipment remaining at the Premises shall be deemed abandoned by Mazz and transferred to Agency. Mazz warrants said title, interest, leasehold, personal property, fixtures and equipment to be free and clear from any liens or encumbrances as of the Vacation Date. In addition, Mazz warrants that the Premises, fixtures, and equipment shall be free and clear of any refrigerants and/or any other toxic or hazardous materials, which shall have been removed and disposed of in accordance with applicable regulations. As of the Vacation Date, Agency shall have the sole and exclusive right to the Premises. 5. RELEASE. (a) For and in consideration of Agency's obligations under Section 2 of this Agreement, Mazz hereby releases, waives and discharges Agency and its respective officers, officials, employees, agents, volunteers, contractors and attorneys from any and all alleged and actual claims, damages, remedies, causes of action, demands, and other liabilities (collectively, "Liabilities") which Mazz now has or may have arising out of or in any way related to acquisition of the Premises by Agency, Mazz's leasehold interest in the Premises, Mazz's displacement from the Premises, and Benefits to which Mazz is or may be entitled. The foregoing release and waiver ("Release"), applies to all Liabilities, whether retrospective, current, or prospective, known or unknown, foreseeable or unforeseeable. The Release is made by Mazz for itself, its agents, assigns, and related entities. The Release does not extend to breaches of Agency's obligations arising under this Agreement. (h) Except as otherwise provided in this Agreement, it is the intention of the Parties that the Release shall be effective as a bar to all claims, causes of action, actions, damages, losses, demands, accounts, reckonings, rights, debts, liabilities, obligations, and attorneys' fees, of every character and kind, known or unknown, existing or contingent, latent or patent; and in furtherance of such intention, Mazz expressly waives any and all rights conferred upon it by the provisions of California Civil Code Section 1542, which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." (c) Mazz acknowledges that it may hereafter discover facts or law different from or in additional to those which it now believes to be true with respect to the Release. Mazz agrees that the Release shall be and remain effective in all respects notwithstanding such different or additional facts or law or any part's discovery thereof. Mazz shall not be entitled to any relief in RVPUB\SASMUNDSON\727281.1 3 connection therewith, including, but not limited to any damages or any right or claim to set aside or rescind this Agreement. 6. NECESSARY ACTS. Each Party shall perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 7. AUTHORITY TO SIGN. Each Party warrants that the individuals who have signed this Agreement on behalf of that Party have the legal power, right, and authority to so sign and thereby bind that Party and its/his heirs, personal representatives, successors and assigns and any . person or entity that may otherwise be entitled to grant the Release. 8. ENTIRE AGREEMENT; AMENDMENTS. This Agreement is the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior negotiations, discussions, oral or written communications, or agreements between the Parties. The terms of this Agreement may only be modified or amended by an instrument in writing executed by all Parties. 9. NON -LIABILITY OF AGENCY OFFICIALS/EMPLOYEES. No council member, board member, official, contractor, consultant, attorney or employee of Agency or its affiliated entities shall be personally liable to Mazz, or to its successors or assigns, in the event of any default or breach by Agency; or for any amount which may become due to Mazz, or to its successors or assigns, under this Agreement or on any obligations arising under this Agreement. 10. GOVERNING LAW; VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action or proceeding concerning this Agreement shall be filed and prosecuted in the appropriate California state court in the County of Los Angeles, California. Each Party hereto irrevocably consents to the personal jurisdiction of that court. 11. NO INTERPRETATION AGAINST DRAFTER; ADVICE OF COUNSEL. This Agreement is to be construed fairly and not in favor of or against any Party regardless of which Party or Parties drafted or participated in the drafting of its terms. Each Party acknowledges it has had the opportunity to receive independent legal advice with respect to the advisability of making this Agreement and with respect to the meaning of California Civil Code Section 1542 and that they are freely and voluntarily entering in this Agreement and understand this Agreement in its entirety. 12. No WAIVER. Failure to insist on any one occasion upon strict compliance with any of the covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of any rights or powers hereunder at any other time or times. 13. No THIRD PARTY BENEFICIARIES. The Parties acknowledge that there are no express or implied third party beneficiaries to this Agreement. No person or entity not a signatory hereto shall have any rights or causes of action against any Party hereto as a result of that Party's performance or nonperformance of any obligation hereunder. RVPUB\SASM UNDSON\72728 1.1 4 14. NO PRIOR ASSIGNMENTS, INDEMNIFICATION. Mazz represents and warrants_to Agency that it has not and will not attempt to assign, transfer, pledge, hypothecate or convey any right or interest it may have in the Benefits or any rights or items it is obligated to release as part of this Agreement. Further, that it has not made any transfer, pledge, conveyance, assignment or hypothecation of any claim or chose in action (whether or not such claim or chose in action is the subject of this Agreement) which they may have or claim to have against Agency. Mazz shall defend, indemnify and hold Agency harmless from and against all claims, demands, liabilities, losses, judgments, expenses and attorney's fees resulting from the breach by Mazz of any provision of this Agreement or the falsity of any representation or warranty made by Mazz contained in this Agreement. 15. SEVERABILITY. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected. 16. CAPTIONS. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the Parties, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provisions hereof. 17. ATTORNEYS' FEES. In the event of the bringing of an arbitration, action or suit by a Party hereto against another Party hereto relating to this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs. 18. EACH PARTY TO BEAR OWN COSTS. Except as otherwise provided herein, each Party shall bear its own legal expenses and costs incurred in the preparation and review of this Agreement. 19. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and shall inure to the benefit of the successors, assigns, personal representatives, executors, estate, heirs, agents and related entities of the respective Parties. 20. NOTICES. All notices, requests, demands, and other communications required or permitted to be given under this Agreement shall be in writing and shall either be delivered in writing by certified or registered first class mail, postage prepaid, deposited in the United States mail, and properly addressed to the Party at its address set forth below, or at any other address that such Party may designate by written notice to the other Party: To Agency: City of Azusa Redevelopment Agency Attn: Francis Delach Executive Director 213 East Foothill Blvd. Azusa, CA 91702-1395 With copy to: Best Best & Krieger LLP Attn: Kevin R. Randolph, Esq. RVPUB\SASMUNDSON\727281.1 5 3750 University Avenue, Suite 400 Riverside, CA 92501 To Mazz: Jose Fernandez dba Giro Mazz 809 North Azusa Avenue Azusa, CA 91702-2510 21. COUNTERPART EXECUTION. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. [Signatures on following pages] RVPUBISASMUNDSOM727281.1 6 IN WITNESS WHEREOF, each Party has executed this Agreement on the date which appears next to his/her signature below. Dated: AGENCY: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body, corporate and politic IM Francis Delach Executive Director ATTEST: Agency Secretary APPROVED AS TO LEGAL FORM: Agency Counsel RVPUB\SASMUNDS0N\727281.1 7 Date: Date: RVPUB\SASMUNDSON1727281.1. MAZZ: GIRO MAZZ 0 Lo [NAME] [TITLE] [NAME] [TITLE] EXHIBIT "A" PREMISES LEGAL DESCRIPTION APN No. 8608-024-004 EXHIBIT A RV PUB\SASMUNDSON\727281.1 OFTq 1 , ,y CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY, FEBRUARY 5, 2007 - 10:33 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. Director Chagnon called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: DIRECTORS: HARDISON, CARRILLO, HANKS, ROCHA, CHAGNON ABSENT: DIRECTORS: NONE ALSO PRESENT: Also Present General Counsel Carvalho, Executive Director Delach, Assistant Executive Director Person, City Department Heads, Secretary Mendoza, Deputy Secretary Toscano. The CONSENT CALENDAR consisting of Items E-1 through E-3 was approved by motion of Consent Cal. Director Hardison, seconded by Director Carrillo, and unanimously carried. Approved 1. Minutes of the regular meeting of January 2, 2007, were approved as written. Min approved 2. The Agency Treasurer's Report as of December 31, 2006, was received and filed. Treas Rpt 3. The following Resolution was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Res. No 07-115 CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY Warrants FUNDS. It was consensus of the Redevelopment Agency Boardmembers to adjourn. Adjourn TIME OF ADJOURNMENT: 10:34 P.M. SECRETARY NEXT RESOLUTION NO. 07-R6. NEXT ORDINANCE NO. 07-RO1. AGENCY CONSENT ITEM TO: THE HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, EXECUTIVE DIRECTOR DATE: FEBRUARY 20, 2007 SUBJECT: CONTRACT AMENDMENT FOR REDEVELOPMENT CONSULTING SERVICES TO TIERRA WEST ADVISORS RECOMMENDATION It is recommended that the Agency Board approve an increase to the Tierra West contract for redevelopment consulting services of $ 75,000, for a new total of $175,000, and authorize the Executive Director to sign the contract amendment. BACKGROUND In March 2006, staff issued a request for proposal and qualifications for real estate advisory and as - needed redevelopment consulting services. After review, staff selected RSG to provide these services based on the qualifications of its principal, John Yonai, and senior associate, Jose Ometeotl, and their overall experience in the redevelopment field. In August 2006, John Yonai formed a new company named Tierra West Advisors, LLC, with Jose Ometeotl as an Associate. On September 5, 2006, the RSG contract was assigned to Tierra West in the amount of $100,000. Tierra West has provided redevelopment advisory services for most of the Agency's active projects, including but not limited to Block 36, Foothill Shopping Center, Downtown North, Ranch Market acquisition and relocation settlement negotiations, and Wimpey's Pawn Shop settlement negotiations. Tierra West's project management and assistance has been invaluable in furthering the goals of the Redevelopment Agency. As of December 31, 2006, $22,000 remains in the contract. Due to the extensive recent activity associated with the Agency's active projects, staff recommends increasing the contract by $75,000 in order to cover the costs of these.services for five months through June 30, 2007. FISCAL IMPACT Redevelopment consulting services have been budgeted on a project -by -project basis in the current budget for the Downtown North, Block 36, Foothill Center, Northeast Corner of Azusa and Arrow, and miscellaneous projects. Prepared by Roseanna 1. lara. - - BAC:RJI/cs U:IWPROOCORMPOWGENDA\T]enaWutPOA end PnMgnt_n NALFINAL.doc Z/z6/0 7 ... r m AzusA= CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF DIRECTOR OF INFORMATION TECHNOLOGY VIA: F.M. DELACH /11/17 CITY MANAGER DATE: FEBRUARY 20, 2007 SUBJECT: PURCHASE OF 21 PERSONAL COMPUTERS FROM CDW-G (COMPUTER DISCOUNT WAREHOUSE-GOVERNMENT) UNDER WSCA (WESTERN STATES CONTRACT ALLIANCE) RECOMMENDATION 1. It is recommended that the City Council waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523(e) due to the fact that CDW-G is covered under the WSCA (Western States Contract Alliance) agreement number A74401 , which allows cities to waive formal bidding, and award the issuance of a Purchase Order to CDW-G in the amount not to exceed $21,869.00. BACKROUND Each year the City's Information Technology plans for the rotation of computer hardware. Since 1996 the staff has been rotating out and retiring antiquated hardware. This effort has succeeded in standardizing PCs throughout all departments. The ongoing Information Technology equipment replacement plan is to address areas with low-end computers, and realign PC replacement with PC life cycle through annual equipment replacement. Given the high total cost of ownership and the rapid obsolescence of the PC's, replacements were initially planned over a 3 year life cycle. By relocating PC's and printers across departments and users as we procure new systems, we have been able to achieve optimal us ge I d..2740/(1/27' Ci� of the equipment and extend the life of the PC's to 4 years in most cases. Thus on average one fourth of the City PC's, printers and servers need to be replaced annually to keep performance and reliability to a minimum standard. These 21 PC's will be used in various departments. FISCAL IMPACT This expenditure is budgeted as part of the 2007 operating budget, equipment replacement, 48499300007142. Quotes Page 1 of 1 800.581.4239 Find Your Quotes Ann Graf Your Quotes j Quote Details ) Quote# You may send this quote to an associate by clicking Send quote to an associate or convert this quote to an order by clicking Add to Cart below. Please Note: Quotes cannot be edited and re-saved for future purchase.A new cart must be created and saved as a new quote. Quote Information at Send quote to an associate Quote #: FKQ6031 Need Help? Status: Open Contact Quote Date: 2/8/2007 Vanessa Seidel Phone: (866)339-3647 Contact: ANN GRAF-GAYNOR ti Fax: (312) 705-8253 Description: WSCA DC7700 QUOTE E-Mail quote to Vanessa Billed From Address Billing Address CDW Government Inc. ANN GRAF 230 N. Milwaukee Ave ANN GRAF Vernon Hills, IL 60061 ATTN: CITY OF AZUSA ATTN: CITY OF AZUSA 213 E FOOTHILL BLVD (800) 594-4239 AZUSA,CA 91702-2514 (626) 812-5024 Shipping Address Payment Method Select shipping address during checkout.. Select payment method during checkout. Shipping Method FedEx Ground Product Contract CDW Mfg Part# Qty Price Ext. Price HP Compaq Business Desktop dc770Q Market 1050197 RJ934AA#ABA 21 $962.00 $20,202.00 Sub-Total $20,202.00 *US Tax: $1,666,67 Shipping: $0.00 Grand Total $21,868..67 *Tax may change if this quote is amended. ADD TO CART https://www.cdwg.com/shop/quotes/QuoteDetails.aspx?qn=FKQ60.31&printable=1 2/8/2007