2017-04-04 CC Meeting Agenda - City of Arcadia

CITY OF ARCADIA City Council Regular Meeting Agenda

Tuesday, April 4, 2017, 6:00 p.m. Location: City Council Conference Room 240 W. Huntington Drive, Arcadia Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574-5455. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

CALL TO ORDER ROLL CALL OF CITY COUNCIL MEMBERS Tom Beck, Mayor Peter Amundson, Mayor Pro Tem Roger Chandler, Council Member Sho Tay, Council Member April A. Verlato, Council Member PUBLIC COMMENTS (5 minute time limit each speaker) Any person wishing to speak before the City Council is asked to complete a Speaker Card and provide it to the City Clerk prior to the start of the meeting. Each speaker is limited to five (5) minutes per person, unless waived by the City Council. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(d)(1) to confer with legal counsel regarding the matter of People for Ethical Treatment of Animals, Inc., and Sarah Rosenberg v. City of Arcadia, et al., – Los Angeles County Superior Court (Central District) Case No.: BS168280.

Regular Meeting City Council Chamber, 7:00 p.m. CALL TO ORDER INVOCATION Rabbi Sholom Stiefel, Chabad of Arcadia PLEDGE OF ALLEGIANCE ROLL CALL OF CITY COUNCIL MEMBERS Tom Beck, Mayor Peter Amundson, Mayor Pro Tem Roger Chandler, Council Member Sho Tay, Council Member April A. Verlato, Council Member REPORT FROM CITY ATTORNEY REGARDING CLOSED/STUDY SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PRESENTATIONS a. Presentation of Mayor's Certificate of Commendation to the Arcadia High School Digital Communications Internship Program students for receiving the "Award of Excellence". b. Presentation of 2017 Mayor's Community Breakfast donation to Arcadia Assistance League's School Bell Program (President Barbara Parrott) and Foothill Unity Center, Inc. (Executive Director Betty McWilliams). PUBLIC COMMENTS (5 minute time limit each speaker) Any person wishing to speak before the City Council is asked to complete a Speaker Card and provide it to the City Clerk prior to the start of the meeting. Each speaker is limited to five (5) minutes per person, unless waived by the City Council. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense [AB 1234]) 1.

CONSENT CALENDAR

All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless a member of the City Council, staff, or the public requests that a specific item be removed from the Consent Calendar for separate discussion and action. a.

Special and Regular Meeting Minutes of March 21, 2017. Recommended Action: Approve

2.

b.

Ordinance No. 2346 amending Chapter 4 of Article IX of the Arcadia Municipal Code, with an exemption under the California Environmental Quality Act (“CEQA”), to establish requirements and regulations for registration of responsible parties for unoccupied residences in the City of Arcadia and to reorganize and update the City’s property maintenance and nuisance abatement regulations. Recommended Action: Adopt

c.

Resolution No. 7164 ordering the summary vacation of an easement for street and highway purposes over land bounded on the Southwest by the Arcadia Par-3 Golf Course and on the Northwest by Daines Avenue in the unincorporated County of Los Angeles. Recommended Action: Adopt

d.

Contract with FS Contractors, Inc. for the Fiscal Year 2016-17 Annual Concrete Repairs Project in the amount of $148,162.50. Recommended Action: Approve

e.

Final Map No. 73334 with a categorical exemption under the California Environmental Act (“CEQA”) for a 13-unit residential condominium subdivision at 907-915 Arcadia Avenue. Recommended Action: Approve

f.

Landscape Maintenance Agreements with Caltrans and 7933 Ajay Drive L.P. to install and maintain landscaping in the State Highway Right-of-Way adjacent to 610 N. Santa Anita Avenue. Recommended Action: Approve

CITY MANAGER a.

Rescind actions taken at the February 7, 2017, and February 21, 2017, City Council meetings pertaining to coyote trapping and related allocation of funds. Recommended Action: Rescind actions and direct the City Manager to prepare a Coyote Management Plan

ADJOURNMENT The City Council will adjourn this meeting to April 18, 2017, 6:00 p.m. in the City Council Chamber Conference Room.

Welcome to the Arcadia City Council Meeting! The City Council encourages public participation, and invites you to share your views on City business. MEETINGS: Regular Meetings of the City Council are held on the first and third Tuesday of each month at 7:00 p.m. in City Council Chambers. A full City Council agenda packet with all backup information is available at City Hall, the Arcadia Library, and on the City’s website at www.ArcadiaCa.gov. Copies of individual Agenda Reports are available via email upon request ([email protected]). Documents distributed to a majority of the City Council after the posting of this agenda will be available for review at the Office of the City Clerk, 240 W. Huntington Drive, Arcadia, California. Live broadcasts and replays of the City Council Meetings are on cable television. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described. CITIZEN PARTICIPATION: Your participation is welcomed and invited at all City Council meetings. Time is reserved at each regular meeting for those in the audience who wish to address the City Council. The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks. Where possible, please submit a Speaker Card to the City Clerk prior to your comments, or simply come to the podium when the Mayor asks for those who wish to speak, and state your name and address (optional) for the record. Please provide the City Clerk with a copy of any written materials used in your address to the City Council as well as 10 copies of any printed materials you would like distributed to the City Council. The use of City equipment for presentations is not permitted. MATTERS NOT ON THE AGENDA should be presented during the time designated as “PUBLIC COMMENTS.” In general, each speaker will be given five (5) minutes to address the City Council; however, the Mayor, at his/her discretion, may shorten the speaking time limit to allow all speakers time to address the City Council. By State law, the City Council may not discuss or vote on items not on the agenda. The matter will automatically be referred to staff for appropriate action or response or will be placed on the agenda of a future meeting. MATTERS ON THE AGENDA should be addressed when the City Council considers that item. Please indicate the Agenda Item Numbers(s) on the Speaker Card. Your name will be called at the appropriate time and you may proceed with your presentation within the five (5) minute time frame. The Mayor, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the City Council. PUBLIC HEARINGS AND APPEALS are items scheduled for which public input is either required or desired. Separate and apart from the applicant (who may speak longer in the discretion of the City Council), speakers shall be limited to five (5) minutes per person. The Mayor, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the City Council. The applicant may additionally submit rebuttal comments. AGENDA ITEMS: The Agenda contains the regular order of business of the City Council. Items on the Agenda have generally been reviewed and investigated by the City Staff in advance of the meeting so that the City Council can be fully informed about a matter before making its decision. CONSENT CALENDAR: Items listed on the Consent Calendar are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion on these items unless a member of the City Council, Staff, or the public so requests. In this event, the item will be removed from the Consent Calendar and considered and acted on separately. DECORUM: While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the City Council or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including but not limited to, conduct that prevents other members of the audience from being heard when it is their opportunity to speak or which prevents members of the audience from hearing or seeing the proceedings. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. All persons attending the meeting are expected to adhere to the City’s policy barring harassment based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation, or age. The Chief of Police, or such member or members of the Police Department, shall serve as the Sergeant-at-Arms of the City Council meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. Any person who violates the order and decorum of the meeting may be placed under arrest and such person may be prosecuted under the provisions of Penal Code Section 403 or applicable Arcadia Municipal Code section.

ARCADIA CITY COUNCIL SPECIAL MEETING MINUTES TUESDAY, MARCH 21, 2017 CALL TO ORDER - Mayor Beck called the Special Meeting to order at 5:30 p.m. in the Council Chamber Conference Room, 240 W. Huntington Drive, Arcadia, California. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: ABSENT:

Chandler, Tay, Verlato, Amundson, and Beck None

CLOSED SESSION a. Pursuant to Government Code Section 54956.9(d)(1) to confer with legal counsel regarding the matter of People for Ethical Treatment of Animals, Inc., and Sarah Rosenberg v. City of Arcadia, et al., – Los Angeles County Superior Court (Central District) Case No.: BS168280. b. Pursuant to Government Code Section 54956.9(d)(2) to confer with legal counsel regarding anticipated litigation – one (1) case. c. Pursuant to Government Code Section 54957 regarding Public Employee Performance Evaluation. Title: City Manager No reportable action was taken. The Special Meeting ended at 6:57 p.m.

ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, MARCH 21, 2017 REGULAR CITY COUNCIL MEETING 7:00 p.m. CALL TO ORDER – Mayor Beck called the regular meeting to order at 7:02 p.m. INVOCATION – Reverend Terry Keenan, The Santa Anita Church PLEDGE OF ALLEGIANCE – Jason Kruckeberg, Assistant City Manager/Development Services Director ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: ABSENT:

Amundson, Chandler, Tay, Verlato, and Beck None

REPORT FROM CITY ATTORNEY REGARDING CLOSED/SESSION ITEMS City Attorney Deitsch announced that the City Council met in a Special Closed Session Meeting to consider the items listed on the posted agenda, he described Item “a” as pending litigation, no reportable action taken; Item “b” as anticipated litigation, no reportable action taken; and Item “c”, no reportable action taken. City Attorney Deitsch announced that the City Council has authorized and directed him to read the following statement, although not required by law: On February 21, 2017, the City Council adopted a Resolution in effect denying an appeal by Verizon Wireless from a Planning Commission decision, and further denying a conditional use permit and related matters sought by Verizon for a certain cell tower at The Church of the Transfiguration property at 1881 So. First Avenue. The deadline for Verizon to file a complaint in State court seeking to overturn the City Council decision is May 22, 2017, and the corresponding deadline is March 22, 2017, to file a Federal court complaint. By letter dated February 28, 2017, Verizon requested tolling the deadline for filing a Federal court action to match the State court filing deadline of May 22, 2017. Verizon indicated that in the meantime, it is analyzing whether or not to file litigation. In closed session discussing potential litigation under the Ralph M. Brown Act held on March 7, 2017, the City Council approved tolling the deadline for filing a Federal court complaint to match the State court deadline of May 22, 2017, with the hope that Verizon will determine that it is not worthwhile to file litigation in either State or Federal court. It should be noted that this tolling does not allow Verizon to expand the record in this matter, since the record has been closed. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto stated there was no supplemental agenda information.

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MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council Member Tay, and seconded by Council Member Chandler to read all ordinances and resolutions by title only and waive the reading in full. 1.

PUBLIC HEARING a.

Ordinance No. 2346 amending Chapter 4 of Article IX of the Arcadia Municipal Code, with an exemption under the California Environmental Quality Act (“CEQA”), to establish requirements and regulations for registration of responsible parties for unoccupied residences in the City of Arcadia and to reorganize and update the City’s property maintenance and nuisance abatement regulations. Recommended Action: Introduce

Assistant City Manager/Development Services Director Kruckeberg, Development Administrator Kasama presented the staff report.

and

Community

In response to City Council comments, City Attorney Deitsch suggested a change to Section 9406.3, sub-section D, to add to the first sentence “The property owner shall pay a registration fee at the time of registration in an amount set forth by resolution adopted by the City Council from time to time.” Mayor Beck opened the public hearing. David Ligon, an Arcadia resident, appeared and expressed his support of Ordinance No. 2346; he suggested the City esatablish a grace period before implementing the ordinance, and also suggested online registration; he noted that in Section 9402.1. the word “his” should be changed to be gender neutral; and noted that if abatement of a property becomes necessary, that the City obtain bids; and he thanked the City Council and staff who worked on the ordinance. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Tay, and seeing no further objection, Mayor Beck declared the public hearing closed. In response to Mr. Ligon’s recommendation regarding the gender neutral word in Section 9402.1, City Manager Lazzaretto recommended the word “his” be changed to “their.” It was moved by Council Member Chandler , seconded by Council Member Tay, and carried on roll call vote to introduce Ordinance No. 2346 amending Chapter 4 of Article IX of the Arcadia Municipal Code, with an exemption under the California Environmental Quality Act (“CEQA”), to establish requirements and regulations for registration of responsible parties for unoccupied residences in the City of Arcadia and to reorganize and update the City’s property maintenance and nuisance abatement regulations, as amended by City Attorney Deitsch, and City Manager Lazzaretto. AYES: NOES: ABSENT:

Chandler, Tay, Verlato, Amundson, and Beck None None

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03-21-2017

PUBLIC COMMENTS Mary Bachmeier, representing Arcadians Against Residential Towers (“AART”), appeared and commented on the Verizon tolling agreement that extended the lawsuit filing deadline to May 22, 2017; she presented AART’s objections on the Verizon cell tower matter; she expressed her gratitude to the City Council, Planning Commission, and staff for taking the time to listen to the residents, and making a decision that was in the best interest of the City. In response to Ms. Bachmeier’s inquiry if Verizon does not file a lawsuit by May 22, 2017, Mayor Beck asked City Attorney Deitsch to respond. City Attorney Deitsch responded that if Verizon does not file litigation by May 22, 2017, the City’s decision would be final; however, they can file a new application. Ken Obst, an Arcadia resident, appeared and commended the City Council on their handling of the Verizon matter, because the right questions were asked; he thanked the City Council for denying the application, and again commended the City Council for thinking outside the box. Kathy Yamane, an Arcadia resident and candidate for Arcadia Unified School District School Board, appeared and introduced herself, and provided her qualifications for being a school board member. Teri Muse, representing Waste Management, appeared and presented the City with a paint care reimbursement check for all of the used paint that was returned through the “At Your Door Program.” Mimi Quan, an Arcadia resident, appeared and questioned the parking situation at The Church of the Transfiguration; she noted that they would like to know the number of required parking spaces allowed, and feels that it is their right to know; and wanted to know if the 1993 resolution can be amended to include the accurate number of parking spaces required. Katie Moy, a member of AART, appeared and expressed AART’s gratitude for listening to the residents; she provided facts on the relocation of the cell tower; and urged the City Council not to settle with Verizon. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense [AB 1234]) Mayor Pro Tem Amundson thanked Mr. Obst for his comments; he noted that Senate Bill 54 relating to sanctuary cities is not good for Arcadia; and noted a coyote attack of a couple of dogs on March 10. Council Member Chandler noted that he has used the paint pick up program in the past and it is a good program. Council Member Tay announced that next Wednesday the Chamber of Commerce will be having its installation dinner, and they will be recognizing Gene Glasco as Citizen of the Year; and urged everyone to get out and vote in the Arcadia Unified School District Board election on Tuesday, April 18.

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Council Member Verlato announced Planning Commission items that were discussed at their last meeting; she indicated that the Recreation and Parks draft Master Plan is currently being reviewed by the Commission, and will be before the City Council in the next few months; and also announced that Arcadia Unified School District Measure A passed. City Clerk Glasco announced the City Clerk’s office is accepting ballots for the Arcadia Unified School District Board election; and the City Clerk’s office is also accepting applications for boards and commission through May 25. Mayor Beck announced that he will be flying to Sacramento in the morning with City Manager Lazzaretto to lobby on the Tucker Bill horse racing issue; he noted that on March 10, he read books to the students at Hugo Reid Elementary school; that April 8, is Derby Day, and explained the friendly competition between the various City departments for the annual 5k run; and thanked Waste Management for the reimbursement check for the paint pick up program. 2.

CONSENT CALENDAR a.

Regular Meeting Minutes of March 7, 2017. Recommended Action: Approve

b.

Professional Services Agreement with Architectural Resources Group, Inc. to provide Historic Preservation consulting services; and a supplemental budget appropriation in the amount of $29,750. Recommended Action: Approve

c.

Professional Services Agreement with John L. Hunter and Associates, Inc. for inspection, monitoring, and management support for the Municipal Stormwater and Industrial Waste Programs in the amount of $94,827. Recommended Action: Approve

d.

Contract with Vasilj, Inc. for the Miscellaneous Sewer Main Repair Project in the amount of $44,650. Recommended Action: Approve

e.

Contract with T.E. Roberts, Inc. for the Valve Replacement Project on Santa Anita Avenue in the amount of $251,242. Recommended action: Approve

f.

Purchase Order with Yamada Enterprises for Phase I of new furniture for public areas of the Arcadia Library in the amount of $53,069.60. Recommended Action: Approve

g.

Purchase Order with Tyler Technologies for technical support and maintenance of the EnerGov Software System in the amount of $43,512. Recommended Action: Approve

h.

Accept all work performed by Vincor Construction, Inc., for the installation of electrical lighting equipment at the Arcadia Par 3 Golf Course as complete. Recommended Action: Approve

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03-21-2017

i.

Waive expenses related to traffic control services for the Santa Anita Derby Day 5K Run and Walk to be held on April 8, 2017. Recommended Action: Approve

Council Member Verlato requested Consent Calendar Item 2.h be pulled for discussion. It was moved by Council Member Tay, seconded by Council Member Chandler, and carried on roll call vote to approve Consent Calendar Item 2.a through 2.g, and 2.i. AYES: NOES: ABSENT:

Tay, Chandler, Verlato, Amundson, and Beck None None

In response to Council Member Verlato’s inquiry regarding the purchase of chairs for the Library, City Manager Lazzaretto and Library and Museum Services Director Darlene Bradley clarified the types of chairs and workstations being purchased. It was moved by Council Member Verlato, seconded by Council Member Tay, and carried on roll call vote to approve Consent Calendar Item 2.h. AYES: NOES: ABSENT:

Verlato, Tay, Chandler, Amundson, and Beck None None

ADJOURNMENT Mayor Beck adjourned this meeting at 8:28 p.m. in memory of Retired Arcadia Police Department Captain Charles Schneiders to April 4, 2017, 6:00 p.m. in the City Council Chamber Conference Room.

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DATE:

April 4, 2017

TO:

Honorable Mayor and City Council

FROM:

Jason Kruckeberg, Assistant City Manager/Development Services Director By: Jim Kasama, Community Development Administrator

SUBJECT: ORDINANCE NO. 2346 AMENDING CHAPTER 4 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE, WITH AN EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”), TO ESTABLISH REQUIREMENTS AND REGULATIONS FOR REGISTRATION OF RESPONSIBLE PARTIES FOR UNOCCUPIED RESIDENCES IN THE CITY OF ARCADIA AND TO REORGANIZE AND UPDATE THE CITY’S PROPERTY MAINTENANCE AND NUISANCE ABATEMENT REGULATIONS Recommendation: Adopt SUMMARY At the regular meeting of March 21, 2017, on a 5-0 vote, the City Council introduced Ordinance No. 2346, with an exemption under the California Environmental Quality Act (“CEQA”), to establish requirements and regulations for registration of responsible parties for unoccupied residences in the City of Arcadia and to reorganize and update the City’s property maintenance and nuisance abatement regulations. Attached are Ordinance No. 2346, the Notice of Exemption, and the March 21, 2017, staff report. This item will allow for the legally-required second reading and adoption of the ordinance before it can be incorporated into the City Code. RECOMMENDED ACTION It is recommended that the City Council adopt Ordinance No. 2346 amending Chapter 4 of Article IX of the Arcadia Municipal Code, with an Exemption under the California Environmental Quality Act (“CEQA”), to establish requirements and regulations for registration of responsible parties for unoccupied residences in the City of Arcadia and to reorganize and update the City’s Property Maintenance and Nuisance Abatement Regulations.

Ordinance No. 2346 - Adoption Registration Requirements for Unoccupied Residences April 4, 2017 Page 2 of 2

Attachments: 1 - Ordinance No. 2346 2 - Notice of Exemption 3 - March 21, 2017, City Council Staff Report

Attachment No. 2 Notice of Exemption

Attachment No. 2 Notice of Exemption

NOTICE OF EXEMPTION California Environmental Quality Act

TO:

FROM: (Public Agency)

County Clerk County of Los Angeles Environmental Office, Room 101 12400 East Imperial Highway Norwalk, CA 90650

City of Arcadia 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91006-6021 Contact: Jim Kasama Community Development Administrator Phone: (626) 574-5442

1.

Project Title:

Ordinance No. 2346 - An Ordinance to amend Chapter 4 of Article IX of the Arcadia Municipal Code to establish requirements and regulations for registration of responsible parties for unoccupied residences in the City of Arcadia and to reorganize and update the City’s property maintenance and nuisance abatement regulations

2.

Project Applicant:

City of Arcadia

3.

Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name):

City-wide

4.

(a) Project Location – City: Arcadia

(b)

5.

Description of nature, beneficiaries of Project:

6.

Name of Public Agency approving project:

City of Arcadia

7.

Name of Person or Agency undertaking the project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity:

Jim Kasama, Community Development Administrator City of Arcadia - Development Services Department 240 W. Huntington Drive - P.O. Box 60021 Arcadia, CA 91066-6021

8.

Exempt status: (check one)

purpose,

(a)

Ministerial project.

(b)

Not a project.

Notice of Exemption

and

Project Location – County: Los Angeles

An Ordinance to amend Chapter 4 of Article IX of the Arcadia Municipal Code to establish requirements and regulations for registration of responsible parties for unoccupied residences in the City of Arcadia and to reorganize and update the City’s property maintenance and nuisance abatement regulations

(Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268)

FORM “B”

(c)

Emergency Project.

(d)

Categorical Exemption. State type and section number:

(e)

Declared Emergency.

(f)

Statutory Exemption. State Code section number:

(g)

Other. Explanation:

(Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c))

(Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a))

9.

Reason why project was exempt:

Pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) Section 15060(c)(2), CEQA does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment. Similarly, under State CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility of a significant effect on the environment, the activity is not subject to CEQA. Finally, under State CEQA Guidelines Section 15378(b)(5), CEQA does not apply to administrative activities of governments that will not result in direct or indirect physical changes in the environment. Here, the proposed Ordinance merely rearranges an existing City ordinance, and establishes a registration process for vacant properties. The proposed Ordinance does not change land use designations, development regulations, or permit or prohibit development. Therefore, no environmental impacts will occur.

10.

Lead Agency Contact Person:

Jim Kasama, Community Development Administrator

Telephone:

(626) 574-5442

11. 12.

If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing. Has a Notice of Exemption been filed by the public agency approving the project? ⁭ Yes

13.

Was a public hearing held by the lead agency to consider the exemption? ⁭ Yes If yes, the date of the public hearing was: City Council: March 21, 2017

Signature:

⁭ No

⁭ No

Date:

Title: ⁭

Signed by Lead Agency

⁭

Signed by Applicant

Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

Notice of Exemption

FORM “B”

Attachment No. 3 March 21, 2017, City Council Staff Report

Attachment No. 3 March 21, 2017, City Council Staff Report

Ordinance No. 2346 Registration Requirements for Unoccupied Residences March 21, 2017 Page 1 of 7

DATE:

March 21, 2017

TO:


FROM:

Jason Kruckeberg, Assistant City Manager/Development Services Director By: Michael J. Maurer, Assistant City Attorney Jim Kasama, Community Development Administrator

SUBJECT: ORDINANCE NO. 2346 AMENDING CHAPTER 4 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE, WITH AN EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”), TO ESTABLISH REQUIREMENTS AND REGULATIONS FOR REGISTRATION OF RESPONSIBLE PARTIES FOR UNOCCUPIED RESIDENCES IN THE CITY OF ARCADIA AND TO REORGANIZE AND UPDATE THE CITY’S PROPERTY MAINTENANCE AND NUISANCE ABATEMENT REGULATIONS Recommendation: Introduce SUMMARY Ordinance No. 2346 has been prepared to amend Chapter 4 of Article IX of the Arcadia Municipal Code to establish regulations and registration requirements for unoccupied residences and to reorganize and update the City’s property maintenance and nuisance abatement regulations. The Ordinance is exempt under the California Environmental Quality Act (“CEQA”) because the amendments will not have any significant effect on the environment. It is recommended that the City Council introduce Ordinance No. 2346 (Attachment 1) to address issues related to unoccupied housing. BACKGROUND Many homes throughout the City appear vacant or unoccupied. They include houses that have been built during the past few years that have never been occupied as well as homes that are occupied on a very limited basis because they are being held as investment properties or vacation/second homes. These vacancies disrupt the community fabric of the neighborhoods in which they exist. Not only is there the absence of people and the appearance of being vacant, the lack of activity and oversight often results in deferred maintenance of the buildings and the landscaping, which becomes an attraction to vermin and wildlife and potentially even vagrants. Further, the lack of a local contact person makes it difficult to address emerging issues. This became especially acute when the City implemented water restrictions in response


to the recent drought; homes that were unoccupied tended to be the biggest violators of the new regulations and the most difficult to reach in order to take corrective actions. It is not possible to require that these houses be occupied, but the vacancies and the difficulties in contacting a responsible party when there are property maintenance issues can result in prolonged detractions to the neighborhoods. Other jurisdictions with similar problems have established regulations to require a responsible party be identified that can respond to problems within 24 hours. That responsible party can be the owner, another resident that lives in the area, or a professional agent or property manager. In general, these requirements have had a positive impact in addressing problem vacancies. During the recent update to the City’s Development Code, the City Council directed staff to look into the establishment of regulations for unoccupied residences. The Development Services Department, in conjunction with the City Attorney’s office, drafted the attached Ordinance No. 2346 to establish regulations and requirements for the registration of responsible parties for unoccupied or under-occupied residences. DISCUSSION The key aspect of the proposed Ordinance is the registration requirement. The purpose of the requirement is to protect neighborhoods from the deleterious effects of unoccupied houses that are not adequately maintained. If a residence is found to be unoccupied or exhibits evidence of vacancy, the property owner will be required to register three (3) contacts with the Development Services Department that will be responsible for the property. The status of “unoccupied residence” is to be established by evidence of vacancy that has been provided and/or collected and exists for a period of at least 30 days. Houses that are actively under construction, are in escrow to be sold or transferred, and are being actively marketed by an identified listing agent will not be considered unoccupied. If an owner does not voluntarily register the contact persons, the City may post an order to register the property within seven (7) days. Registration requirements include that the Development Services Department be provided with the name and contact information for the property owner and at least two (2) other authorized agents, with one contact designated as being available on a 24-hour basis. This contact must be local and able to respond to problems at the property within one (1) hour of receiving telephone notice. Alternatively, the owner may provide as the 24-hour contact a bona fide property management company that is located within 20 miles of the City. This company can be in lieu of the two other contacts. The registration requirements also include that the owner acknowledge his/her strict liability for any failure to maintain the unoccupied property or to respond in a timely manner, and that the City may enter the property to summarily abate any substandard or nuisance conditions, including, but not limited to, the abatement of standing water


that can be breeding grounds for mosquitoes and other vectors and the abatement of coyotes, vermin, or other wildlife that have made a refuge of the property. The Development Services Department is to be notified and provided proof of occupancy when a residence becomes occupied. If the registration requirements are violated, the owner would be subject to administrative citations; however, the regulations provide for an opportunity to object to the registration requirement in order to provide proof that the residence is occupied. Property Maintenance and Nuisance Abatement In preparing Ordinance No. 2346, it was determined that Chapter 4, which addresses Property Maintenance and Nuisance Abatement, needs to be reorganized and updated. The current version of the City’s Property Maintenance and Nuisance Abatement regulations (Chapter 4 of Article IX) were adopted in 1972, and there have been numerous amendments. As a result, many items are confusing or outdated. For instance, the definitions of substandard conditions and nuisances are currently presented in three separate sections. It is proposed that these be consolidated into a single comprehensive definition section, that an ability to record a notice of violation against the property be added, and that the abatement and cost recovery procedures be updated. The proposed procedures also contain an administrative appeal process that will enable nuisance abatement orders to be adjudicated administratively at the Department Director level. Fines and Penalties Penalties for infractions are established as follows by Ordinance No. 2127 in Section 1200(b) of the Arcadia Municipal Code: (1) A fine not exceeding $100 for a first violation; (2) A fine not exceeding $200 for a second violation of the same provision within one year; and (3) A fine not exceeding $500 for a third and for any additional violation of the same provision within one year. Each violation can be considered a separate offense for each and every day. Generally, however, a period of up to two weeks is allotted for compliance of property maintenance violations. This provides adequate notice to the property owner, including time for a mailed notice to have been received, and for compliance to be initiated.


Planning Commission Hearing The Planning Commission held a public hearing on February 28, 2017, for the consideration of Text Amendment No. TA 17-01, and a draft of Ordinance No. 2346. After concluding the public hearing, the Commission discussed several aspects of the proposed Ordinance and voted unanimously to recommend that the Ordinance be presented to the City Council. Along with their recommendation of approval, the Commissioners directed staff to forward the following comments. The section and page numbers are in reference to the attached proposed Ordinance No. 2346 (Attachment No. 1) and the staff response to the comments are shown in italics. 

Commissioner Thompson sent the attached list of comments (Attachment No. 2) that have been annotated with responses.



Chairman Lin suggested that under the registry violations provisions (9406.4 - p.23) it should be clearer that an owner can only object to the finding that the residence is unoccupied. Unless the owner shows that the residence is occupied, the owner will have to register the property in accordance with the Ordinance.



Chairman Lin and Commissioner Chiao suggested that the definition of “Owner” should be revised to avoid disputes over legal versus equitable title ownership, and so that this cannot be used to establish ownership by someone claiming to have an “interest in the property;” however, it is necessary to be as broad as possible so that as many people are put on notice to be responsible for an unoccupied residence. The definition of “owner” remains the same in the Ordinance presented to the City Council.



Commissioner Chiao said that the filing of a ‘lis pendens’ (claim has been filed, notice provided) in conjunction with the recording of notices and liens would increase the accountability and responsiveness of the parties involved. Section 9404.4 provides that a notice of violation may be recorded on a property’s title. Section 9405.4 enables the City to record a lien against the property for the costs of abatement. A Section can be added (i.e., 9406.4.A.5) to enable the recording of a notice of violation and order to register the property. This will clarify that a notice of violation can be recorded for these new regulations.



Commissioner Chiao suggested using a term other than “deteriorated” to describe substandard conditions (9402.6.C - p. 4) or that it be qualified so that a significant or noticeable amount of deterioration is the standard for a violation and/or citation.


The operating standard is that the deterioration or damage is noticeable by the public, which includes from an adjacent property. 

Vice Chairman Chan expressed concerns that the registration requirement could be unduly burdensome for those whose homes in Arcadia are a second or third home, and that the registration requirement could be seen as discriminatory because most, if not all, of the houses that would be deemed unoccupied are likely to be owned by Asians. The Ordinance is intended to benefit the owners of unoccupied residences, as well as the surrounding community. By establishing a contact person or persons, the City can provide notice of potential substandard conditions or other problems developing at the property. This will help to preserve the value of the surrounding neighborhoods, as well as of the unoccupied properties. It will also enable the City to address substandard conditions that may arise when the residence is not occupied throughout the year. The Ordinance is equally applicable to all unoccupied properties, without regard to the nationality or other characteristics of the owners.



Chairman Lin suggested that there not be a fee for registering. The Commission generally agreed that a fee is unnecessary and would dissuade many owners from registering. Chairman Lin added that there should be sufficient advance notice of the registration requirement and that the cost of the program could be offset by imposing greater fines on non-registrants. A registration fee is not a requirement of the program and the requirement can be removed from the proposed Ordinance. The ability to contact a responsible party that will respond in a timely manner is beneficial to both the City and the owner and should not be burdensome. On the other hand, the lack of response to property maintenance problems is a burden to the City, and the failure of an owner of an unoccupied residence to provide the requisite information to the City should be considered an egregious violation of their civic responsibility, and imposing administrative fines aggressively would be appropriate. As for sufficient advance notice of the registration requirement, the proposed Ordinance provides for a 30-day period for the establishment of an unoccupied residence. Staff will also try to have the registration requirement well publicized through the press, with local realtors, and in City publications.



Commissioner Lewis suggested that the registry should be presented as a way to assist the owners with the maintenance and security of their houses. Having the ability to contact a responsible party in the case of property maintenance problems or other issues is beneficial to the owner as well as to the City. Akin to the Police Department’s Vacation Home Check program by their


Volunteers in Patrol Services (“VIPS”), having a contact that will respond in a timely manner adds to the safety and security of the house and the neighborhood. As noted above, the Planning Commission recommends that there not be a fee for registering, but that greater fines should be imposed on non-registrants. The Commission also recommends that there be sufficient advance notice of the registration requirement. If the registration requirements are well-publicized, and the owner of an unoccupied residence is given notice that the residence may be subject to the registration requirement as provided for in the proposed Ordinance, including the 30day period for establishing the status of unoccupied residence, there would have been more than adequate notice. If after such notice, an owner fails to register, each day can be considered a separate violation. Based on the above penalty provisions, if each day an unoccupied residence is not registered is considered a violation, the penalty would be substantial in a few days. If implemented in this manner, the establishment of penalties separate from the above need not be established. FINDINGS The establishment of the Property Maintenance and Nuisance Abatement regulations was based on widely accepted determinations that such situations are significant threats to the health, safety, and general welfare of the community. The potential for substandard conditions at unoccupied residences, as well as there not being a responsible party that will readily respond to such conditions are the bases for the proposed Ordinance. PUBLIC NOTICE A Public Hearing Notice of the proposed ordinance was published in the Arcadia Weekly on March 9, 2017. As of Wednesday, March 15, 2017, no comments have been received in response to the notice. ENVIRONMENTAL ASSESSMENT Ordinance No. 2346 has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (“CEQA”), the State and local CEQA Guidelines, and the environmental regulations of the City. The proposed Ordinance will have no significant effect on the environment and is therefore not a “project” for purposes of CEQA. As such, no further environmental review is required. Pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) Section 15060(c)(2), CEQA does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment. Similarly, under State CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility of a significant effect on the environment, the activity is not subject to CEQA. Finally, under State CEQA Guidelines Section 15378(b)(5), CEQA does not


apply to administrative activities of governments that will not result in direct or indirect physical changes in the environment. Here, the proposed Ordinance merely rearranges an existing City ordinance, and establishes a registration process for vacant properties. The proposed Ordinance does not change land use designations, development regulations, or permit or prohibit development. Therefore, no environmental impacts will occur. A Preliminary Exemption Assessment is attached. RECOMMENDATION It is recommended that the City Council introduce Ordinance No. 2346 amending Chapter 4 of Article IX of the Arcadia Municipal Code, with an Exemption under the California Environmental Quality Act (“CEQA”), to establish requirements and regulations for registration of responsible parties for unoccupied residences in the City of Arcadia and to reorganize and update the City’s Property Maintenance and Nuisance Abatement Regulations.

Attachments: 1. 2. 3.

Ordinance No. 2346 Planning Commissioner Thompson’s Comments – Annotated Preliminary Exemption Assessment

Attachment No. 2 Planning Commissioner Thompson’s Comments - Annotated

Attachment No. 2 Planning Commissioner Thompson’s Comments - Annotated

Date: February 27, 2017 To: Jim Kasama, Community Development Administrator From: Brad Thompson, MAI, AI-GRS, SR/WA Observations, Recommendations, Questions Staff Report Page 2/Draft Ordinance Page 22: The Staff Report states 3 responsible contacts, but the Ordinance states 2 responsible contacts. It will be 3 responsible contacts total. The ordinance requires the property owner plus 2 others. The ordinance contains an exception if one of the contacts is a bona fide property management company that can respond in a timely fashion. Draft Ordinance Page 4 (9402.4 Premises): The Premises definition includes "walkway and sidewalks". If the walkway and sidewalk is within the public right of way is that part of the Premises? Does the walkway and sidewalk fall within the financial responsibility of the Owner? The walkway and sidewalk are not necessarily within the financial responsibility of the owner. The parkway and sidewalk are primarily maintained by the City or another organization (e.g., if there is a landscape assessment district, an HOA, etc.). However, the goal of this Ordinance is to remove nuisance conditions. If an owner creates a nuisance in a parkway, the City will be able to abate it. If for example, trash spills over into the sidewalk and/or parkway, the City will be able to hold the owner responsible. Draft Ordinance Page 6, Item O: The Ordinance states ". . . other than on a lawfully installed paved surface. . ." I would suggest that trailers, campers, boats and RV's not be allowed to be stored within front yard areas regardless of paved versus unpaved. Other parts of the Municipal Code or Development Code state where vehicles can be parked on private property, and we have codes for inoperable vehicles. The phrase is derived from an existing provision, which we may be able to fine tune. Also, we should note that it only applies to a lawfully installed paved surface. Draft Ordinance Page 8, Item P, Subsection 14: "The failure to keep the sidewalk and parkways in front of any house . . . in a clean and wholesome condition." Does clean and wholesome include the financial responsibility for repair of said sidewalk, even if the sidewalk is in the public right of way? There is a provision of State law that allows sidewalk repair to be the responsibility of the adjacent owner. Arcadia has not adopted this rule. However, the Ordinance is intended to address substandard/nuisance conditions. The ordinance is intended to address conditions created by an owner’s lack of maintenance. This is not to address standard repairs.

Brad Thompson Observations, Recommendations, Questions February 27, 2017 – Page 2

Draft Ordinance Page 9, Item W: The Ordinance states "Infestation of coyotes, vermin or other wildlife." Infestation is a high threshold, I would suggest changing the word infestation to existence or presence. The Ordinance has been revised to state that the property shall not become a “refuge for coyotes, vermin, or other wildlife,” which is consistent with the registration portion of the ordinance. Draft Ordinance Page 10, Item E: The Ordinance states “Nothing in this Code shall be deemed to provide authority or permission to trim or remove trees within the parkway area.” I would also include language that precludes removal of any and all protected trees on the Premises, regardless of location, not just within the parkway. This has been added to the Ordinance. Draft Ordinance Page 13, Item B: The Ordinance states “. . . The hearing may be continued from time to time.” Continued by whom? If continuance is allowed “from time to time” by the Owner, unnecessary delays may occur. A hearing can only be continued by the hearing officer. The ordinance does not contain a right to a continuance. In any event, the Ordinance has been revised to state, “the Director or designee may continue the hearing from time-to-time.” Draft Ordinance Page 15, Item B: The Ordinance states “. . . Any extensions shall only be granted upon the person subject to the order agreeing to the extensions and any conditions of the extensions.” Is it necessary for the owner to agree to an extension? Yes, it is necessary for the Owner to agree. The goal is to create a collaborative effort with the owner. Improvements can take time; if the owner is diligently pursuing them, the City will consider allowing extensions of time. Draft Ordinance Page 25, Item C: The Ordinance states "Unoccupied properties shall be maintained so as not to become a refuge for, or infested by coyotes, vermin or other wildlife." Infested is a high threshold, I would suggest changing the word infested to existence or presence. See response above to comment on Draft Ordinance Page 9, Item W.

Attachment No. 3 Preliminary Exemption Assessment

Attachment No. 3 Preliminary Exemption Assessment

PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1.

Name or description of project:

2.

Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name):

3.

4.

Entity or person undertaking project:

An Ordinance to amend Chapter 4 of Article IX of the Arcadia Municipal Code to establish requirements and regulations for registration of responsible parties for unoccupied residences in the City of Arcadia and to reorganize and update the City’s property maintenance and nuisance abatement regulations Citywide

A.

City of Arcadia Development Services Department

B.

Other (Private) (1)

Name

(2)

Address

Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a.

The proposed action does not constitute a project under CEQA.

b.

The project is a Ministerial Project.

c.

The project is an Emergency Project.

d.

The project constitutes a feasibility or planning study.

e.

The project is categorically exempt. Applicable Exemption Class:

f.

The project is statutorily exempt. Applicable Exemption:

g.

The project is otherwise exempt on the following basis:

h.

The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency:

Date:

February 14, 2017

Preliminary Exemption Assessment

Staff:

Jim Kasama, Community Development Administrator

FORM “A”

DATE:

April 4, 2017

TO:


FROM:

Jason Kruckeberg, Assistant City Manager/Development Services Director Philip A. Wray, Deputy Director of Development Services/City Engineer

SUBJECT: RESOLUTION NO. 7164 ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR STREET AND HIGHWAY PURPOSES OVER LAND BOUNDED ON THE SOUTHWEST BY THE ARCADIA PAR-3 GOLF COURSE, AND ON THE NORTHWEST BY DAINES AVENUE, IN THE UNINCORPORATED COUNTY OF LOS ANGELES Recommendation: Adopt SUMMARY In the 1940’s, the City received land and an easement associated with the Arcadia Par 3 Golf Course. Subsequently, the land was subdivided and four lots were developed over the easement. The easement serves no purpose and is no longer necessary for its intended use. In accordance with the provisions of the Streets and Highways Code of the State of California, the easement may be summarily vacated because it has not been used or maintained for at least the last five years and it does not cut off any existing access. Therefore, it is recommended that the City Council adopt Resolution No. 7164 summarily vacating this easement for street and highway purposes. BACKGROUND In December of 1940, the City of Arcadia received a grant of real property for what is now the Arcadia Par 3 Golf Course. Along with that grant, the City received an easement for “Street and Highway Purposes” connecting the Golf Course property to Daines Drive northwest of the Golf Course. The easement lies entirely within the Unincorporated County of Los Angeles. The property containing the easement was owned by the same owner as the future Golf Course land, and was apparently granted as an access to the Golf Course property from a public street. Sometime after that, the City obtained a public access, connecting the property directly to Live Oak Avenue, which is in use today.

Resolution No. 7164 April 4, 2017 Page 2 of 3 In April of 1946, Tract Map No. 13780 was recorded that subdivided the land underlying the City’s easement. The underlying land was subdivided into portions of four lots and a public street. The Mayor and the City Clerk of the City of Arcadia signed the map acknowledging the subdivision. No further documentation of the easement, or any efforts to vacate the easement, were found. ANALYSIS The easement appears to have been the shortest route to connect the Golf Course property to a public street, which is now Daines Drive. Although it may have been intended as a public access to the Golf Course, it is doubtful that it was ever improved and/or served that purpose because there is no evidence of a street, and it would have had to cross the Santa Anita Wash. Since the time that Tract Map No. 13780 was recorded, it appears, from aerial photographs, that structures have been constructed over portions of the easement. The property owner of 3208 South Eighth Avenue, one of the four lots underlying the easement, recently approached the City with the request to vacate the easement, and paid the processing fee of $2,500. The property owner plans to make improvements to his property and the County will not permit any further work until they have proof that the easement has been vacated. In accordance with Chapters 3 and 4 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, this request meets the provisions of a summary vacation because it has not been used or maintained for at least the last five years and it does not cut off any existing access. On March 14, 2017, the Arcadia Planning Commission adopted Resolution No. 1989, finding the requested vacation consistent with the goals and policies in City’s General Plan Circulation Element, and forwarded a recommendation of approval to the City Council. ENVIRONMENTAL ANALYSIS The proposed right-of-way vacation is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301(c) because the action consists of a legal transfer of ownership, which will result in negligible or no expansion of use. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7164 ordering the summary vacation of an easement for street and highway purposes over land bounded on the southwest by the Arcadia Par-3 Golf Course, and on the northwest by Daines Avenue, in the Unincorporated County of Los Angeles.

Resolution No. 7164 April 4, 2017 Page 3 of 3

Attachment No. 1: Resolution No. 7164 (includes Location Maps - Exhibits “A” and ”B”)

Contract for Annual Concrete Repairs Project April 4, 2017 Page 1 of 3

DATE:

April 4, 2017

TO:


FROM:

Tom Tait, Public Works Services Director By: Jan Balanay, Senior Engineering Assistant

SUBJECT: CONTRACT WITH FS CONTRACTORS, INC. FOR THE FISCAL YEAR 2016-17 ANNUAL CONCRETE REPAIRS PROJECT IN THE AMOUNT OF $148,162.50 Recommendation: Approve SUMMARY As part of the City’s Annual Asphalt and Concrete Program, the Public Works Services Department (“PWSD”) is preparing to repair damaged curbs and gutters along various residential streets within the City. To ensure that the City is receiving the most competitive prices and quality service for this work, the PWSD conducted a formal bid. FS Contractors, Inc. submitted the lowest responsive bid. It is recommended that the City Council approve, and authorize and direct the City Manager to execute a contract with FS Contractors, Inc. for the Fiscal Year 2016-17 Annual Concrete Repairs Project in the amount of $148,162.50. DISCUSSION The PWSD is responsible for the maintenance and repair of approximately 147 miles of roadway within the City. In 1999, as part of the Pavement Management Program, the condition of all City streets was assessed, and an Annual Asphalt and Concrete Repair Program was established. As part of this program, street surfaces that are cracked are slurry sealed, and concrete curbs, gutters, and pavement areas that have been damaged are repaired. More specifically, the concrete repairs portion of the program includes identifying and prioritizing replacement of sidewalks, curb and gutters in the areas shown on the attached Project Location Map (Exhibit “A”). In addition, handicap curb ramps will be installed at various locations in the project area to remove barriers to sidewalk accessibility. The work plan and budget is included in the Fiscal Year 2016-17 Capital Improvement Program as part of the Annual Slurry Seal Program.


A Notice Inviting Bids was published in the City’s adjudicated newspaper, and bid packages were provided to contractors that perform this type of work. On March 7, the City Clerk received three sealed bids, with the following results: Rank

Bidder

Location

Bid Amount

1. 2. 3.

FS Contractors, Inc. S&H Civilworks EC Construction

Sylmar, CA Colton, CA S. El Monte, CA

$ 148,162.50 $ 166,355.00 $ 257,177.25

Bid documents were reviewed for content, and the Contractor’s background and recent projects were investigated. Based on this review, it has been determined that FS Contractors, Inc. is the lowest responsive bidder for this work, and is a qualified contractor for the project. FS Contractors, Inc. has successfully completed similar projects for the Cities of La Canada Flintridge, La Habra, Duarte, and El Segundo. ENVIRONMENTAL ANALYSIS This project is considered a Class 1 Exemption as defined in Section 15301(c) of the California Environmental Quality Act (“CEQA”) since the project consists of the maintenance of existing public streets and does not involve expansion of the existing use of the streets. FISCAL IMPACT The work plan and budget for the Fiscal Year 2016-17 Annual Concrete Repairs Project is included in the Fiscal Year 2016-17 Capital Improvement Program as part of the Annual Slurry Seal Program. Funds in the amount of $795,000 are available in the Fiscal Year 2016-17 Annual Slurry Seal Program budget. The project’s total contract cost is $148,162.50; sufficient funds will remain to conduct the planned slurry sealing efforts. RECOMMENDATION It is recommended that the City Council approve, and authorize and direct the City Manager to execute a contract with FS Contractors, Inc. for the Fiscal Year 2016-17 Annual Concrete Repairs Project in the amount of $148,162.50.


Attachments: Exhibit “A” - Project Location Map Proposed Contract

CITY OF ARCADIA

2016/2017 ANNUAL CONCRETE REPAIRS PROJECT PROJECT NO.: 55331017

CONTRACT

BETWEEN CITY OF ARCADIA AND FS CONSTRACTORS, INC.

(PROJECT NO. 55331017)

CONTRACT FOR THE CITY OF ARCADIA THIS CONTRACT is made this _____ day of _________, 2017, in the County of Los Angeles, State of California, by and between the City of Arcadia, hereinafter called City, and FS Contractors, Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project: 2016/2017 Annual Concrete Repairs Project, Project No.: 55331017 The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. ARTICLE 2.

TIME FOR COMPLETION.

2.1

The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within Forty-Five (45) calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

2.2

Contractor shall coordinate the Work with the other work being performed on the Project, in accordance with those schedules as may be issued from time to time during the performance of the Work, and any other scheduling requirements listed in this Contract, so as not to delay, impede, obstruct, hinder or interfere with the commencement, progress or completion of the whole or any part of the Work or other work on the Project.

2.3

The Contractor shall participate and cooperate with the City in the development of schedules and other efforts to achieve timely completion of the Work providing information for the scheduling of the times and sequence of operations required for its Work (“Contractor Schedule”) to meet City’s overall master project schedule requirements (“Master Schedule”). The Contractor shall continuously monitor the Master Schedule so as to be fully familiar with the timing, phasing and sequence of operations of the Work and of other work on the Project, and shall execute the Work in accordance with the requirements of the Master Schedule including any revisions thereto. The Contractor shall notify the Engineer within 48 hours of any slippage in the Contractor Schedule and shall submit a detailed recovery plan to the Engineer for approval within five (5) calendar days of such notice.

2.4

Should the progress of the Work or of the Project be delayed disrupted, hindered, obstructed, or interfered with by any fault or neglect or act or failure to act of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers so as to cause any additional cost, expense, liability or damage to the City, the Engineer or any consultants retained by the City for the Project, including legal fees and disbursements incurred by the City, the Engineer, or the consultants retained by the City for the Project, (whether incurred in defending claims arising from such delay or in seeking reimbursement and indemnity from the Contractor and its surety hereunder or otherwise) or any damages or additional costs or expenses for which the City, the Engineer or the consultants retained by the City for the Project, may or shall become liable, the Contractor and its surety shall and does hereby agree to compensate the City, the Engineer or the consultants retained by the Contract - 1


City for the Project,, for and indemnify them against all such costs, expenses, damages and liability.

2.5

The City, in its sole discretion, may direct the Contractor to work overtime and, if so directed, the Contractor shall work said overtime and, provided that the Contractor is not in default under any of the terms or provisions of this Contract or of any of the other Contract Documents, the City will pay the Contractor for such actual additional wages paid, if any, at the prevailing wage rates plus taxes imposed by law on such additional wages, plus workers' compensation insurance, liability insurance and levies on such additional wages if required to be paid by the Contractor.

2.6

If, however, the progress of the Work or of the Project is delayed by any fault or neglect or act or failure to act of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers, then the Contractor shall, in addition to all of the other obligations imposed by this Contract upon the Contractor in such case, and at its own cost and expense, work such overtime as may be necessary to make up for all time lost in the completion of the Work and of the Project due to such delay. Should the Contractor fail to make up for the time lost by reason of such delay, the Engineer or City shall have the right to cause other contractors to work overtime and to take whatever other action it deems necessary to avoid delay in the completion of the Work and of the Project, and the cost and expense of such overtime and/or such other action shall be borne solely by the Contractor.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ONE HUNDRED FORTYEIGHT THOUSAND, ONE HUNDRED SIXTY-TWO DOLLARS AND FIFTY CENTS ($148,162.50). Payment shall be made as set forth in the General Conditions. ARTICLE 4.

PAYMENTS

4.1

The City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments.

4.2

The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.

4.3

Unless otherwise required by law, the final payment of five percent (5%) of the value of the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion.

4.4

Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising from this Contract.

4.5

Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.

4.6

The Contractor shall submit with each payment request the Contractor’s conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms Contract - 2


prescribed by California Civil Code sections 8132, 8134, 8136, and 8138. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor’s work, together with releases of lien from any subcontractor or materialmen. ARTICLE 5. PAYMENTS WITHHELD AND BACKCHARGES In addition to amounts which the City may retain under other provisions of the Contract Documents the City may withhold payments due to Contractor as may be necessary to cover: a.

Stop Notice Claims.

b.

Defective work not remedied.

c.

Failure of Contractor to make proper payments to its subcontractors or suppliers.

d.

Completion of the Contract if there exists a reasonable doubt that the Work can be completed for balance then unpaid.

e.

Damage to another contractor or third party.

f.

Amounts which may be due the City for claims against Contractor.

g.

Failure of Contractor to keep the record (“as-built”) drawings up to date.

h.

Failure to provide updates on the construction schedule.

i.

Site clean-up.

j.

Failure of the Contractor to comply with requirements of the Contract Documents.

k.

Liquated damages.

l.

Legally permitted penalties.

Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs charged to the Contractor, backcharges or payments withheld pursuant to the Contract Documents. ARTICLE 6.

CHANGES AND EXTRA WORK

6.1

The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract amount and Contract time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, in the form attached hereto and incorporated herein as Exhibit “A,” and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.

6.2

All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute arises. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item Contract - 3


or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract. 6.3

Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless the City requests that proposals be submitted in less than seven (7) Days.

6.4

Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.

6.5

Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City.

6.6

Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City.

6.7

If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the contract price in accordance with the City’s estimate of cost. If the change is issued based on the City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that the City’s estimate was in error.

6.8

Estimates for lump sum quotations and accounting for cost-plus-percentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows: (a)

Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.

(b)

Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion.

(c)

Tool and Equipment Use. No payment will be made for the use of small tools, tools which have a replacement value of $1,000 or less. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed. Contract - 4


(d)

Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:

i.

“Net Cost” is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and subcontractors at cost only, without mark-up.

ii.

For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work.

iii.

For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work to which the Contractor may add five (5%) percent of the subcontractor’s Net Cost.

iv.

For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five (5%) percent of the Net Cost of the lower tier subcontractor.

v.

No additional mark up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five (25%) percent of the Net Cost as defined herein.

6.9

For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed estimate of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors.

6.10

For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed estimate or quotation of the cost to the Contractor, signed by such vendor or supplier.

6.11

Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.

6.12

Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s change order form in an attempt to reserve additional rights.

6.13

If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a change order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such Contract - 5


determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order. 6.14

No dispute, disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously.

6.15

Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor’s surety or sureties.

ARTICLE 7. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $250.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. ARTICLE 8. following:

COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the

Notice Inviting Bids Instructions to Bidders Contractor's Bid Forms Contractor’s Certificate Regarding Workers’ Compensation Bid Bond Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration form Iran Contracting Act Certification form Public Works Contractor Registration Certification form Contract Performance Bond Payment (Labor and Materials) Bond General Conditions Special Provisions (or Special Conditions) Technical Specifications California Building Codes as defined in the General Conditions Addenda Plans and Contract Drawings Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. ARTICLE 9. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local

Contract - 6


laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project. ARTICLE 10. INDEMNIFICATION. 10.1

To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its respective officials, officers, agents, employees, and representatives (“Indemnitees”) from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages (including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses) or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to tangible property or persons (including wrongful death, accidents or injuries arising from the alleged failure to inspect or to maintain traffic controllers or traffic signals, injuries or damages occurring during the transport of products or in rendering services under the Contract Documents, such as automobile accidents, trip/slip and fall accidents and third party assaults) arising out of or resulting from the performance of the Work or this Contract (including claims made by subcontractors for nonpayment), to the extent that the acts, omissions or willful misconduct are attributable to the Contractor or anyone employed directly or indirectly by any of them. Contractor shall defend, at Contractor’s own cost, expense and risk, with legal counsel of Indemnitee’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its respective officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City and its respective officials, officers, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City and its respective officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

10.2

The duty to defend and to hold harmless, as set forth above, shall include the duty to defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise upon the making of any claim or demand against the City, its respective officials, officers, agents, employees and representatives, notwithstanding that no adjudication of the underlying facts has occurred, and whether or not Contractor has been named in the claim or lawsuit.

10.3

Nothing contained in the preceding sections shall be deemed to obligate the Contractor to indemnify the City or any of the other Indemnitees, against liability for damages or any other loss, damage or expense sustained, suffered or incurred on account of death or bodily injury to active persons or injury to property caused by the sole negligence or willful misconduct of the City or any of the other Indemnitees set forth above. Therefore, if it is determined by legal proceedings or agreement, that the Contractor has no direct contributory or incidental negligence or other obligation to the City or the other Indemnitees, and the Contractor is in no way a proper party to a particular claim, then the Contractor shall not be obligated to hold the City or any Indemnitees harmless with respect to said claim. However, until such determination is made by legal proceedings or agreement, or if the Contractor is found to have any degree of direct or contributory negligence or if it is determined that the Contractor is in any way or to any degree a proper party to said claim, then the Contractor’s obligations under all of the terms and provisions of the preceding section shall remain in full force and effect.

10.4

Nothing in this provision, or elsewhere in the Contract Documents, shall be deemed to relieve the Contractor of its duty to defend the City or any Indemnitee, as specified under Contract - 7


this Article, pending a determination of the respective liabilities of the City or any Indemnitee, by legal proceeding or agreement. 10.5

In furtherance to, but not in limitation of the indemnity provisions in this Contract, Contractor hereby expressly and specifically agrees that its obligation to indemnify, defend and hold harmless as provided in this Contract shall not in any way be affected or diminished by any statutory or constitutional immunity it enjoys from suits by its own employees or from limitations of liability or recovery under workers’ compensation laws.

ARTICLE 11. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the Public Works Services Department or may be obtained online at http//www.dir.ca.gov/dlsr and which must be posted at the job site. IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF ARCADIA

FS CONTRACTORS, INC.

By:

By: Dominic Lazzaretto City Manager

Signature Print Name and Title

Attest: By:

By: City Clerk

Signature

Print Name and Title Approved as to Form:

Stephen P. Deitsch City Attorney

Contract - 8

DATE:

April 4, 2017

TO:


FROM:

Jason Kruckeberg, Assistant City Manager/Development Services Director Jim Kasama, Community Development Administrator Prepared By: Tim Schwehr, Economic Development Analyst

SUBJECT: FINAL MAP NO. 72334 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) FOR A 13-UNIT RESIDENTIAL CONDOMINIUM SUBDIVISION AT 907-915 ARCADIA AVENUE Recommendation: Approve SUMMARY Tentative tract maps and final maps are required for all subdivisions that result in five or more parcels or condominium units. In accordance with Arcadia Municipal Code Section 9105.03.100, the City Council shall approve a final map if it conforms to all the requirements of the subdivision regulations of the Municipal Code and the State Subdivision Map Act. It is recommended that the City Council approve Final Map No. 72334 for a 13-unit residential condominium subdivision at 907-915 Arcadia Avenue. DISCUSSION Final Map No. 72334 has been reviewed by the Los Angeles County Department of Public Works, and the appropriate City Departments. The map has been found to be in substantial compliance with the tentative map as conditionally approved by the Planning Commission on March 10, 2015, and is in compliance with the subdivision regulations of the Municipal Code and the State Subdivision Map Act. ENVIRONMENTAL ASSESSMENT Final Map No. 72334 is categorically exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to Section 15332 of the CEQA Guidelines as an infill development project. The Planning Commission affirmed this finding and conditionally approved Tentative Tract Map No. 72334 at its regular meeting on March 10, 2015.

Final Map No. 72334 (907-915 Arcadia Avenue). April 4, 2017 Page 2 of 2

RECOMMENDATION It is recommended that the City Council approve Final Map No. 72334 with a categorical exemption under the California Environmental Quality Act (“CEQA”) for a 13-unit residential condominium subdivision at 907-915 Arcadia Avenue.

Attachments: 1 - Aerial Photo with Zoning Information 2 - Letter of Compliance from Los Angeles County 3 - Project Elevation

Attachment No. 1 Aerial Photo

Attachment No. 2 Letter of Compliance from Los Angeles County

Attachment No. 3 Project Elevation

New 13-Unit Multi-Family Project for Meilinium Investment, LLC

907-915 Arcadia Ave., Arcadia, CA 91007

139 South Hudson Ave., Suite 300 Pasadena, California 91101 626.396.9599

www.TGArchitects.net

Architect of Record

Vicinity Map

Issue Dates No.

Description

Date

Sheet Index T-1

Title Sheet, Drawing Index, General Notes, Plot Plan, Code Summary

ARCHITECTURAL PR-1

Survey

PR-2

Site Plan

PR-3

Basement Level

PR-4

First Floor

PR-5

Second Floor

PR-6

Roof Plan

SD Exterior Elevations

PR-14

SD Exterior Elevations

PR-15

SD Concept Renderings

PR-16

SD Concept Renderings

L-1

Concept Landscape Plan

Project Contacts: 907 Arcadia Avenue APN: 5783-004-016 915 Arcadia Avenue APN: 5783-004-017 Owner: Joyce Chen Meilinium Investment, LLC 2398 Bateman Ave. Irwindale, CA 91010 (626) 898-2900

Total Lot Area: 27,009.7 sf Max Density = 1450 sf Lot Area/ Unit = 18.6 Min Density = 2200 sf Lot Area/ Unit = 12.27 Proposed Density = 13 Setbacks: Front-25', Side/ Rear - 10' Height Limit: 2 Stories/ 30 ft (14' entry height limit) Open Space: 100 sf/ Unit Parking Required: 2.5/ Unit Proposed: 13 Units, 33 Parking spaces

Architect: Tyler Gonzalez Architects, Inc. 139 South Hudson Avenue. Suite 300 Pasadena, CA 91101 (626) 396-9599 x662

Assesor's Map

R3 Zoning Summary

Arcadia, CA 91007

PR-13

907-915 Arcadia Avenue

PR-7 to PR-12 (Not used)

Project Summary Drawing Symbols Unit Type

Area

First Floor: Unit Type A:

934.5

Unit Type B:

625.6

Unit Type C:

895.5

Unit Type D: Unit Type E:

833.4

Unit Type F:

891

Indicates North Direction

A

Window Marker See Schedule

North Arrow

949

1 Location on page

Door Marker See Schedule

Use of Architect's Drawings Section Marker

Second Floor: Unit Type A: Unit Type B:

905 909

Unit Type D: Unit Type E:

900

Unit Type F:

902

903

A-3.11

Page Number

1021

Unit Type C:

Page Number

B A-5

2

Location on page

Location on page Detail Marker

1 A-1

F-B-C Page Number

Do not scale drawings. Contractor shall verify and be responsible for all dimensions and conditions on the site and Tyler Gonzalez Architects, Inc., shall be notified immediately of any variations from the dimensions and conditions indicated on these drawings.

Interior Elevation Marker

Finish Box F = Floors B = Base C = Crown

See Finish Schedule

Drawings, specifications, and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. Visual contact with these documents constitute prima facia acceptance of these conditions.

Sheet No.

Project No.

T-1

Date

Drawn By

Reviewed

Description

Title Sheet, Site Plan, General Notes

DATE:

April 4, 2017

TO:


FROM:

Jason Kruckeberg, Assistant City Manager/Development Services Director By: Tim Schwehr, Economic Development Analyst

SUBJECT: LANDSCAPE MAINTENANCE AGREEMENTS WITH CALTRANS AND 7933 AJAY DRIVE L.P. TO INSTALL AND MAINTAIN LANDSCAPING IN THE STATE HIGHWAY RIGHT–OF-WAY ADJACENT TO 610 N. SANTA ANITA AVENUE Recommendation: Approve SUMMARY In November 2016, the property owners of 610 N. Santa Anita Avenue submitted a letter requesting the City’s cooperation to enter into two landscape maintenance agreements to allow them to install and maintain new landscaping in the State highway right-of-way adjacent to their property. This letter is included as Attachment “A”. Staff and the City Attorney have reviewed the specifics of the agreements and found them to be acceptable. It is recommended that the City Council approve, and authorize and direct the City Manager to execute, Landscape Maintenance Agreements with Caltrans and 7933 Ajay Drive L.P. to install and maintain landscaping in the State highway right– of-way. BACKGROUND The property at 610 N. Santa Anita Avenue is an approximately 30,000 square-foot, irregular shaped lot developed with a two-story office building and surface parking lot. The property abuts the south-side of an onramp to the I-210 Freeway. Dense landscaping in the right–of-way adjacent to 610 N. Santa Anita Avenue was removed by the property owners with Caltrans approval in 2015 to resolve a rodent issue. The owners of 610 N. Santa Anita Avenue are now requesting the City’s cooperation to enter into two agreements that will allow them to install and maintain new landscaping in this right-of-way. A conceptual landscape plan has been prepared by the property owners and has received tentative approval from Caltrans. Photos of the subject property and a copy of the conceptual landscape plan are included as Attachment “B”.

Landscape Maintenance Agreements April 4, 2017 Page 2 of 3

The property owners first attempted to enter into a direct agreement with Caltrans to install and maintain this landscaping in the right-of-way; however, Caltrans’ policy is not to enter into direct agreements with non-government entities for this purpose. Instead, Caltrans recommended a landscape maintenance agreement between Caltrans and the City of Arcadia, and a second agreement between the City of Arcadia and the property owners, for installation and maintenance of this landscaping. Staff has confirmed this information with Keith Sellers, Caltrans Landscape Architect. Mr. Sellers also confirmed that other cities have entered into similar agreements for this purpose. DISCUSSION Entering into the two proposed landscape maintenance agreements will allow the property owners of 610 N. Santa Anita Avenue to improve the aesthetics and value of their property. In turn, this helps contribute to the quality of the surrounding business district and the overall appearance of the area. As part of the City’s business friendly approach to governance, Economic Development staff has worked with the property owners to guide them through the City’s review process, and the drafting of the two agreements. It is not anticipated that these types of landscape maintenance agreements will be common for other properties in the City as this property is one of only four commercial properties in Arcadia that directly abuts a landscaped highway right-of-way. Additionally, the other three properties abut much larger landscaped rightof-way areas with more mature landscaping surrounded by Caltrans’ chain link fencing. The Landscape Maintenance Agreement between the City of Arcadia and Caltrans will allow for landscaping to be installed in the State highway right-of-way. This agreement was prepared by Caltrans and has been reviewed and approved to form by the City Attorney. A copy of this agreement is included as Attachment “C”. The Landscape Maintenance Agreement between the City of Arcadia and 7933 Ajay Drive L.P. stipulates that all permits, fees, and other obligations associated with the Caltrans Landscape Maintenance Agreement will be the responsibility of the property owners of 610 N. Santa Anita Avenue. This agreement has been drafted by the City Attorney, and includes indemnity language and other terms to ensure the landscaping in the State highway right-of-way is installed and maintained to the satisfaction of Caltrans, and at no expense to the City. The agreement also requires the property owners to obtain subordination from their mortgage lender, Wells Fargo Bank, prior to the City entering into these agreements. This will ensure that in the event the property is sold, the landscaping installed in the right-of-way will be removed by the property owner as a condition of the sale, or the new owners will need to enter into a Landscape Maintenance Agreement with the City to continue maintenance of the landscaping. A copy of this agreement is included as Attachment “D”.

Landscape Maintenance Agreements April 4, 2017 Page 3 of 3

FISCAL IMPACT All costs for permits, installation, and maintenance of landscaping in the State right-ofway will be paid by the property owners of 610 N. Santa Anita Avenue. The agreement between the City and the property owners includes indemnification language, a subordination requirement from the mortgage lender, and other terms to protect the City from any future costs associated with maintenance or removal of the landscaping. The property owners have entered into a Reimbursement Agreement with the City through a deposit of $3,000 to cover all City Attorney costs associated with the review, preparation, and execution of the agreements. As such, the City should not incur any costs either now or in perpetuity as a result of entering into the two landscape maintenance agreements. RECOMMENDATION It is recommended that the City Council approve, and authorize and direct the City Manager to execute Landscape Maintenance Agreements with Caltrans and 7933 Ajay Drive L.P. to install and maintain landscaping in the State Highway Right-of-Way adjacent to 610 N. Santa Anita Avenue.

Attachment “A” – Agreement Request Letter from Property Owner Attachment “B” – Site Photos and Conceptual Landscape Plan Attachment “C” – Caltrans Agreement Attachment “D” – 7933 Ajay Drive L.P. Agreement

Attachment “A” Agreement Request Letter from Property Owner

ATTN

:

City of Arcadia Development Services Dept Tim Schwehr

DATE

:

November 10, 2016

SUBJECT :

610 N Santa Anita Ave, Arcadia and CalTrans land landscaping project

Positive Investments is interested in taking over the landscaping responsibilities of a section of land that abuts 610 N Santa Anita Ave in Arcadia. The section of land is located on the north side of the land parcel at 610 N Santa Anita and on the south side of the Santa Anita Ave 210 East on-ramp. This land strip is a small triangle of land that is approx. 2’ wide on the far west side, 20’ wide on the east side and approx. 150’ long. This triangle is on the south side of the 15’ high sound barrier wall and would never be seen from the 210. In fact, it is mostly behind the office building at 610 N Santa Anita and so would not be noticeable from Santa Anita itself. Positive has been in direct discussion with CalTrans to take over the landscaping of this project. Our goal is to eliminate a rodent issue associated with previous landscaping and to beautify this strip. CalTrans would prefer to have a landscape contract with a city or governmental agency as opposed to an individual or business. For this reason, our contact at CalTrans directly suggested that we negotiate a landscape maintenance contract with the City of Arcadia. Their sample contract is attached to this letter. CalTrans would contract with the City of Arcadia and the City of Arcadia would contract with Positive Investments. Positive would be directly responsible for maintenance, as well as would pay directly for water. Positive would also be responsible for an Encroachment Permit from CalTrans and has already begun that process. This permit will not be allowed until a landscape contract has been established with the City of Arcadia. There is zero cost to the City of Arcadia for this. Positive has already prepared a landscape plan and this is attached as well. The proposed landscape design would all be low water plants and this plan has already been verbally approved by CalTrans. Again – there is zero cost to the City of Arcadia for this. Sincerely,

ERIK WAHL PROPERTY MANAGER

610 N. Santa Anita Ave., Arcadia, California 91006 ● (626) 321-4800 ● (626) 321-4801

Attachment “B” Site Photos and Landscape Plan

POSITIVE INVESTMENTS INC. 610 N SANTA ANITA AVE ARCADIA, CA 91006 COMMERCIAL ZONE C-1 SUNSET WESTERN CLIMATE ZONE 20 USDA PLANT HARDINESS ZONE 10A

OCTOBER 28, 2016 LANDSCAPE DESIGN CONCEPT

EXISTING FREEWAY WALL ON WALL: BOUGAINVILLEA & ANACAPA PINK CALIFORNIA MORNING GLORY AT BASE OF WALL GROUNDCOVER: LANTANA, APRICOT MALLOW, CREEPING SAGE ACCENT PLANTS: YARROW, PENSTEMON, ISLAND SNAPDRAGON, CALIFORNIA FUSCHIA SHRUBS: MATILJA POPPY, NATIVE SAGES, CALIFORNIA BUCKWHEAT

EXISTING TWO STORY OFFICE BUILDING

EXISTING PARKING LOT

LIGHT POLE

POSITIVE INVESTMENTS, INC 10.28.2016 LANDSCAPE DESIGN CONCEPT

DESIGN CONCEPT PROPOSAL

A colorful tapestry of blooms extending from the wall to the slope using drought-tolerant and native plants.


PLANTING PROPOSAL - WEST SCALE: 1/8” = 1’


PLANTING PROPOSAL - CENTER SCALE: 1/8” = 1’


PLANTING PROPOSAL - EAST SCALE: 1/8” = 1’

ACHILLEA MILLEFOLIUM ‘ISLAND PINK’ ISLAND PINK YARROW

BOUGAINVILLEA ‘BARBARA KARST’ BARBARA KARST BOUGAINVILLEA

BOUGAINVILLEA ‘CALIFORNIA GOLD’ CALIFORNIA GOLD BOUGAINVILLEA

BOUGAINVILLEA ‘JAMES WALKER’ JAMES WALKER BOUGAINVILLEA

BOUGAINVILLEA ‘ORANGE KING’ ORANGE KING BOUGAINVILLEA

CALYSTEGIA MACROSTEGIA ‘ANACAPA PINK’

ANACAPA PINK CA MORNING GLORY

ERIOGONUM GIGANTEUM SAINT CATHERINE’S LACE

GALVEZIA SPECIOSA ‘BOCAROSA’ BOCAROSA ISLAND SNAPDRAGON

LANTANA ‘CONFETTI’ CONFETTI LANTANA

LANTANA ‘CREAM CARPET’ CREAM CARPET LANTANA

LANTANA ‘NEW GOLD’ NEW GOLD LANTANA

OENOTHERA SPECIOSA ‘SISKIYOU’ SISKIYOU EVENING PRIMROSE


PROPOSED PLANT PALETTE

PENSTEMON MARGARITA BOP MARGARITA BOP PENSTEMON

ROMNEYA COULTERI MATILJA POPPY

SALVIANA APIANA WHITE SAGE

SALVIA CLEVELANDII CLEVELAND SAGE

SALVIA GRACIAS CREEPING SAGE

SALVIA ‘POZO BLUE’ POZO BLUE SAGE

SPHAERALCEA AMBIGUA APRICOT MALLOW

SPHAERALCEA AMBIGUA ‘LOUIS HAMILTON’ LOUIS HAMILTON APRICOT MALLOW

ZAUSCHNERIA CALIFORNICA ‘CATALINA’ CATALINA CALIFORNIA FUSCHIA POSITIVE INVESTMENTS, INC 10.28.2016 LANDSCAPE DESIGN CONCEPT

PROPOSED PLANT PALETTE

Attachment “C” CalTrans Agreement

LANDSCAPE MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 210 WITHIN THE CITY OF ARCADIA THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of Arcadia; hereinafter referred to as “CITY” and collectively referred to as “PARTIES”. SECTION I RECITALS 1. PARTIES desire to work together to allocate their respective obligations relative to newly constructed or revised improvements within STATE’s right of way by Permit Number ____. 2. This Agreement addresses CITY responsibility for the professionally landscape design and implementation (collectively the “LANDSCAPING”) placed within State Highway right of way on State Route 210, as shown on Exhibit A, attached to and made a part of this Agreement.

NOW THEREFORE, IT IS AGREED AS FOLLOWS: SECTION II AGREEMENT 1. In consideration of the mutual covenants and promises herein contained, CITY and STATE agree as follows: 1.1. PARTIES have agreed to an allocation of maintenance responsibilities that includes, but is not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said Exhibit “A”. 1.2. When a planned future improvement is constructed and/or a minor revision has been effected with STATE’s consent or initiation within the limits of the STATE’s right of way herein described which affects PARTIES’ division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit “A” which will be made a part hereof and will thereafter supersede the attached original Exhibit “A” to thereafter become a part of this Agreement. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required.

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2. CITY agrees, at CITY expense, to do the following: 2.1. CITY may install, or contract, authorizing a licensed contractor with appropriate class of license in the State of California, to install and thereafter will MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E) pre-approved by STATE. 2.2. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual. 2.3. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE’s District Permit Engineer for review and approval and will obtain and have in place a valid necessary Encroachment Permit prior to the start of any work within STATE’S right of way. All proposed LANDSCAPING must meet STATE’s applicable standards. 2.4. CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance. 2.5. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way. 2.6. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE’s right of way. 2.7. To furnish electricity for irrigation system controls, water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement. 2.8. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required. 2.9. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public. 2.10. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel. 2.11. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District Maintenance at 100 S Main St Los Angeles, CA 90012.

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2.12. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein. 2.13. To furnish electricity and MAINTAIN lighting system and controls for all street lighting systems installed by and for CITY. 2.14. To inspect LANDSCAPING on a regular monthly or weekly basis to ensure the safe operation and condition of the LANDSCAPING. 2.15. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING component that has become unsafe or unsightly. 2.16. To MAINTAIN all sidewalks/bike paths within the Agreement limits of the STATE highway right of way, as shown on Exhibit A, at CITY expense. MAINTENANCE includes, but is not limited to, concrete repair, replacement and to grind or patch vertical variations in elevation of sidewalks/bike paths for an acceptable walking and riding surface, and the removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about sidewalks/bike paths or the LANDSCAPING in an expeditious manner. 2.17. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING. 2.18. To allow random inspection of LANDSCAPING by a STATE representative. 2.19. To keep the entire landscaped area policed and free of litter and deleterious material. 2.20. All work by or on behalf of CITY will be done at no cost to STATE. 3. STATE agrees to do the following: 3.1. May provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement. 3.2. Issue encroachment permits to CITY and CITY contractors at no cost to them. 4. LEGAL RELATIONS AND RESPONSIBILITIES: 4.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law. 4.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY’s expense or direct CITY to remove or itself remove LANDSCAPING at CITY’s sole expense and restore STATE’s right of

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way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure. 4.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY. 4.4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 5. PREVAILING WAGES: 5.1. Labor Code Compliance- If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771, CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements. 5.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY contracts 6. INSURANCE - CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

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6.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement in a form satisfactory to STATE, along with a signed copy of the Agreement. 6.2. SELF-INSURED using Contractor - If the work performed on this Project is done under contract CITY shall require its contractors to maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 7. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 8. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

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IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF ARCADIA

STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION

By: __________________________ Mayor/Chairmen

MALCOLM DOUGHERTY Director of Transportation

Initiated and Approved

By: ___________________________ City/County Manager

By: ___________________________ Deputy District Director Maintenance District

ATTEST:

As to Form and Procedure:

By: __________________________ City Clerk

By: _____________________________ Attorney Department of Transportation

By: __________________________ City Attorney

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Attachment “D” 7933 Ajay Drive L.P. Agreement

RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Arcadia 240 W. Huntington Drive Arcadia, CA 91066 Attn: City Manager Exempt from Recording Fee per Government Code § 27383 (Space Above Line for Recorder’s Use Only)

LANDSCAPING MAINTENANCE AGREEMENT

This Landscaping Maintenance Agreement (“Agreement”) made and entered into this _____ day of ___________, 2017, by and between the City of Arcadia, a California municipal corporation (“City”) and 7933 Ajay Drive L.P., a California limited partnership (“Owner”). The parties may, from time to time, be referenced as “Party”, individually, and collectively as “Parties”. RECITALS WHEREAS, Owner owns the property located at 610 N. Santa Anita Avenue, Arcadia, CA 91006 (APN 5773-001-045) (“Property”); WHEREAS, Owner has expressed a desire to install and maintain landscaping along that portion of the State Highway Right-of-Way on Route 210 Eastbound on the south side of the soundwall from the entrance ramp starting at Santa Anita Avenue to the eastern corner of the 610 N. Santa Anita Avenue lot line (“Landscaped Area”) depicted in the attached Exhibit “A” and incorporated herein by reference; WHEREAS, at the request of Owner, the City will obtain a permit from the State of California’s Department of Transportation (“State”) to install and maintain landscaping in the State Highway Right-of-Way; WHEREAS, at the request of Owner, the City will enter into that certain agreement entitled “Landscape Maintenance Agreement Within State Highway Right-of-Way on Route 210 Within the City of Arcadia” with the State attached hereto as Exhibit “B” and incorporated herein by reference; WHEREAS, the Owner desires to assume certain responsibilities relating to the installation and maintenance of landscaping within the Landscaped Area; and WHEREAS, the Parties desire to enter into this Agreement to govern Owner’s responsibilities as to the Landscaped Area.

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NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows: TERMS 1. Incorporation of Recitals. The Parties herby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein. 2. Term. The Agreement shall become effective on the date first written above and shall remain effective unless and until the City terminates its agreement with the State. 3. Scope of Work. Owner shall provide all labor, supervision, equipment, and transportation necessary to perform the installation and maintenance of landscaping in the Landscaped Area. Owner agrees to undertake all obligations imposed by the State as set forth in Exhibit “B”. 4.

Specifications.

4.1 Plans and Specifications. Owner shall work with a licensed contractor to develop and cause plans and specifications to be filed with the State. Upon approval by the State, Owner, shall install and maintain landscaping in accordance with those plans and specifications. 4.2 General Maintenance. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 72 of the Streets and Highways Code and the then current edition of the State Maintenance Manual. Owner shall conduct daily inspections of the grounds to verify that all work is being done professionally. Owner shall ensure that all landscaping debris is properly disposed of on the day such debris accumulates. Owner shall also ensure there is adequate scheduled routine maintenance necessary to maintain a neat and attractive appearance of the Landscaped Area. 4.3 Unhealthy or Dead Plants; Weeds. Owner shall replace unhealthy or dead plants when observed or within fifteen (15) days when notified in writing by the City. Owner shall ensure that the Landscaped Area, curbs, walks, and gutters are kept free of weeds. Weeding shall be performed regularly to avoid establishment and seeding. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly to the State to: District Maintenance at 100 S. Main Street, Los Angeles, CA 90012. 4.4 Tree, Shrub, and Shrub Bed Maintenance. Owner shall regularly trim shrubbery, plants and trees to contain their size in respect to species, size of planter, or size relative to surroundings and to the best health of the plant. Owner shall control extraneous growth and ensure State standard lines of sight to signs and corners sight distances are always maintained for the safety of the public. All tree trimmings for trees over twelve (12) feet shall be

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done on a regular basis to maintain a clean professional appearance. Owner shall provide complete insect and disease control on all shrubs and trees under twelve (12) feet in height. 4.5 Flower Bed and Ground Cover. Owner shall complete trimming, edging, and cultivation of all flower beds and ground cover as needed. Owner shall provide complete insect and disease control on all flower and ground cover beds. 4.6 Irrigation System. Owner shall continually inspect, repair, and operate the irrigation system in a manner than prevents water from flooding or spraying onto State highway, spraying parked and moving automobiles, or leaving surface area that becomes a hazard to vehicular or pedestrian travel. Owner shall adjust all sprinkler heads for full coverage as needed. In the event that there is poor coverage, Owner shall add new sprinklers or new lines and provide repairs when necessary. Owner shall provide all associated materials and labor. Owner shall adjust irrigation controllers for seasonal conditions. 4.7 Fertilization. Owner shall fertilize Landscaped Area twice a year. Rates of coverage shall be based on the manufacturer’s recommendation and the type of fertilizer shall be consistent with the requirements dictated by seasonal changes. Owner shall provide all associated materials and labor. 4.8 5.

Rodent Control. Owner shall provide routine rodent control.

Termination.

5.1 This Agreement shall only terminate subsequent to the termination of the agreement between the City and the State. Owner may request that City terminate its agreement with the State by furnishing a written request to City no less than sixty (60) days from the desired date of termination. Upon receipt of the written request to terminate, City shall request that its agreement with the State be terminated. The Parties understand and agree that the termination of the City’s agreement with the State is subject to mutual agreement between the City and the State. 5.2 Upon termination of this Agreement, Owner shall remove all plants, shrubbery, and improvements from the Landscaped Area and restore the Landscaped Area to its original state if the State directs the City to so do pursuant to the City’s agreement with the State. 6. Insurance. Owner shall secure public liability and property damage insurance effective as of the effective date of this Agreement. Said insurance shall be maintained in full force and effect during the term of the Agreement or renewals or extensions thereof. The following shall apply to insurance required hereunder: 6.1 General liability limits of one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) in aggregate, and five million dollars ($5,000,000) in excess for bodily injury, personal injury and property damage. The general liability policy shall be endorsed to state that: the City, its directors, officials, officers, employees, and agents, and the State, shall be covered as additional insureds with respect to this Agreement. The City

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may update the applicable general liability limits and require Owner to obtain additional insurance from time to time. 6.2 Each policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, intentionally reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and the State. 6.3 Owner and any contractors or subcontractors of Owner, shall furnish the City with original certificates of insurance and copies of all endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms approved by the City. All certificates and endorsements must be received and approved by the City prior to commencement of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 6.4 The insurance coverage required to be carried hereunder shall be primary and shall not require any contribution by the City or by the City’s insurance carriers. The insurance shall not be deemed a limitation of Owner’s agreement to defend, indemnify, and hold harmless and if Owner becomes liable for an amount in excess of the insurance, Owner will defend, indemnify, and hold the City harmless from the whole thereof. 6.5 In addition to meeting the City’s requirements, Owner shall meet, to the satisfaction of the State, all procedural and substantive requirements pertaining to insurance set forth in the City’s agreement with the State. 7.

Indemnity.

7.1 Owner shall, at Owner’s sole expense and with counsel reasonably acceptable to the City, defend, indemnify and hold harmless City, its officers, employees, and agents from and against all claims (including injuries, demands, losses, actions, causes of action, damages, liabilities, expenses, charges, assessments, fines or penalties of any kind, and costs including consultant and expert fees, court costs and attorney’s fees), arising out of: (a) Any and all demands made upon City by the State pursuant to the City’s agreement with the State; (b) Any act, error, omission, or negligence of the Owner, its officers, employees, or agents or any of the Owner’s invitees, guests, and contractors, in, on, or about the Landscaped Area; and (c) Any alterations, activities, work or things done, omitted, permitted, or allowed by Owner, its officers, employees, or agents in, on, or about the Landscaped Area.

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7.2

This indemnification extends to and includes, without limitation,

claims for: (a)

Injury to any persons (including death at any time resulting

(b)

Damage to or destruction of the Landscaped Area.

from that injury); and

7.3 Owner’s indemnification obligation hereunder shall survive the termination of this Agreement until all claims against the City involving any of the indemnified matters are fully, finally and absolutely barred by the applicable statutes of limitations. 8. Prevailing Wages. By its execution of this Agreement, Owner certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the work performed under this Agreement is part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is one thousand dollars ($1,000) or more, Owner agrees to fully comply with such Prevailing Wage Laws. Owner shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Owner shall require its contractors to include prevailing wage requirements in all subcontractors entered into to perform work or services under this Agreement when the work to be performed is a “public work” as defined in Sections 1720(a)(1) and 1771 of the Labor Code. 9. DIR Registration. If the work being performed under this Agreement is part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, Owner and all subconsultants must be registered with the Department of Industrial Relations. If applicable, Owner shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Owner’s sole responsibility to comply with all applicable registration and labor compliance requirements. 10.

Miscellaneous Terms.

10.1 Entire Agreement; Assignment. This Agreement constitutes the entire agreement between the Parties. No waiver of any term or condition of this Agreement shall be deemed a continuing waiver hereof. 10.2 Amendments. Any alterations, variations, modifications, or waivers of provisions of the Agreement, unless specifically allowed in the Agreement shall be valid only when they have been reduced to writing, duly signed and approved by authorized representatives of both parties as an amendment to this Agreement. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto.

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10.3 Attorneys’ Fees. If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover its reasonable attorneys’ fees and all other costs of such action. 10.4 Governing Law; Venue. The interpretation and enforcement of this Agreement shall be governed by the law of the State of California and venue shall be in a court of competent jurisdiction located in Los Angeles County. 10.5 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 10.6 Captions. The headings or captions contained in this Agreement are for identification purposes only and shall have no effect upon the construction or interpretation of this Agreement. 10.7 Ambiguities. The Parties have each carefully reviewed this Agreement and have agreed to each term of this Agreement. No ambiguity shall be presumed to be construed against either Party. 10.8 Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address or at such other address as the respective Parties may provide in writing for this purpose: City:

City of Arcadia 240 West Huntington Dr. P.O. Box 60021 Arcadia, CA 91066 Attn: City Manager

Owner:

7933 Ajay Drive L.P. 610 N. Santa Anita Avenue Arcadia, CA 91006 Attn: Rao Yalamanchili

10.9 Successors and Assigns. successors and assigns of the Parties.

This Agreement shall be binding on

10.10 Subordination. Owner shall obtain consent to subordination from all existing lenders, lien holders, and holders of other interests that could ripen into a fee interest. Owner shall record all such consents in the Office of the Los Angeles County Recorder.

[Signatures on following page.]

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CITY OF ARCADIA

7933 AJAY DRIVE L.P.

Mayor

By: Name: Its:

ATTEST:

City Clerk

By: Name: Its:

APPROVED AS TO FORM:

(Owner’s Signatures must be notarized) Stephen P. Deitsch, City Attorney

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EXHIBIT A LANDSCAPED AREA [Attached behind this page]

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EXHIBIT B LANDSCAPE MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY RIGHT-OFWAY ON ROUTE 210 WITHIN THE CITY OF ARCADIA [Attached behind this page]

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DATE:

April 4, 2017

TO:


FROM:

Dominic Lazzaretto, City Manager By: Michael Bruckner, Assistant to the City Manager

SUBJECT: RESCIND ACTIONS TAKEN AT THE FEBRUARY 7, 2017, AND FEBRUARY 21, 2017, CITY COUNCIL MEETINGS PERTAINING TO COYOTE TRAPPING AND RELATED ALLOCATION OF FUNDS Recommendation: Rescind actions and direct the City Manager to prepare a Coyote Management Plan SUMMARY In a concerted effort to respond to resident concerns regarding bold and aggressive coyotes in Arcadia neighborhoods, the City Council approved two actions: (1) a supplemental budget appropriation for $20,000 for coyote trapping services and community education efforts; and (2) a contract for coyote trapping services. The actions taken by the City Council were subsequently challenged as violations of the California Environmental Quality Act (“CEQA”) and the Ralph M. Brown Act. In order to sufficiently address these concerns, it is recommended that the City Council: (1) Rescind the action related to the supplemental budget appropriation in the amount of $20,000 taken in open session at the February 7, 2017, City Council Meeting. (2) Rescind the action related to approval of a Professional Services Agreement with Animal Pest Management Services, Inc. in the amount of $15,000 taken in open session at the February 21, 2017, City Council Meeting. (3) Authorize and Direct the Mayor to send the attached letter to attorney Daniel W. Fox informing PETA of rescinding the actions. (4) Direct the City Manager to develop a Coyote Management Plan and return to the City Council with a draft plan for review and consideration within 90 days.

Rescind Actions Taken in Open Session and Provide Direction on a Coyote Management Plan April 4, 2017 Page 2 of 4

BACKGROUND At the February 7, 2017, City Council Meeting, the City Council approved a supplemental budget appropriation in amount of $20,000 for coyote trapping services and community education efforts. On February 21, 2017, the City Council approved a Professional Services Agreement (“Agreement”) with Animal Pest Management Services, Inc. for coyote trapping services in an amount not to exceed $15,000. On March 2, 2017, People for the Ethical Treatment of Animals (“PETA”) and City of Arcadia resident Sarah Rosenberg (together, “Petitioners”) filed a Verified Petition for Writ of Mandate (“Petition”) against the City in Los Angeles County Superior Court. The lawsuit challenges the City’s February 21, 2017, approval of the Agreement on grounds the City failed to comply with the California Environmental Quality Act (Pub. Resources Code, §§ 21000, et seq.) (“CEQA”). In addition, by letter dated March 8, 2017, legal counsel for PETA alleged that the City violated the Ralph M. Brown Act (Government Code §§ 54950, et seq.) by appropriating funds in part for the trapping and killing of coyotes at the February 7, 2017, City Council meeting without first providing adequate notice to the public of its intention to take such specific action at the meeting. DISCUSSION The City Attorney has advised the City Council, that contrary to the allegation of PETA’s legal counsel, the City Council did not violate the Brown Act at its February 7, 2017, meeting by allocating funds, in part, for trapping of coyotes. In particular, the posted agenda for that City Council Meeting sufficiently described, pursuant to the Brown Act, that the City Council would discuss and provide direction regarding the coyote matter. In addition, the staff report clearly indicated that trapping coyotes was an alternative to be considered during the discussion. Without conceding that the City Council violated the Brown Act, the Brown Act allows a public entity’s legislative body, such as the City Council, to avoid potential litigation by rescinding any action allegedly taken in violation of the Brown Act, and then consider taking any such action, or any variation thereof, at an agendized open session of the legislative body. Pursuant to the Brown Act, the City Council has until April 7, 2017, to take any action to cure an alleged violation of the Brown Act, even if the City believes that there has been no violation. Taking such action would avoid costly and unnecessary litigation. In addition, to further address concerns of the City Council and the community, it is recommended that a Coyote Management Plan be developed to provide clear guidelines for residents on how they should respond to coyote incidents, and how the City and its community partners can provide resources to help discourage coyotes in Arcadia neighborhoods. The plan would include three essential elements:


1. Education – identify best practices and methods for coyote deterrence 2. Enforcement – ensuring coyotes do not become habituated due to unintentional feeding and human support 3. Response – create mechanisms for identifying and classifying different levels of human coyote interactions. A key component of this element would be the development of a coyote reporting system to track locations, intensity, and frequency of coyote citings and incidents throughout the City. This comprehensive approach to managing the coyote issue would provide clarity of purpose and in intent to ensure the community’s concerns are sufficiently addressed. It is believed that a thorough and effective plan can be developed within 90 days. It would be developed with public input and with the assistance and cooperation of the Pasadena Humane Society. ENVIRONMENTAL ANALYSIS The proposed rescission actions do not constitute a project for which CEQA review is required, because, under CEQA Guidelines §15378(a), an activity undertaken, supported, or authorized by a public agency is a project subject to CEQA only if the “whole of an action” has a “potential for resulting in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.” Here, the rescission of the budget appropriation and of the Professional Services Agreement will not lead to any action by the City and, therefore, have no potential for resulting in direct or reasonable foreseeable indirect physical change to the environment. FISCAL IMPACT As a result of the rescission action related to the appropriation of funds from February 7, 2017, $20,000 will be returned to the General Fund Reserve. With approval of the recommendation to develop a Coyote Management Plan, additional funds may be required to fully effectuate the plan. Recommendations will be submitted when a draft plan is presented to the City Council for consideration. RECOMMENDATION It is recommended the City Council take the following actions: (1) Rescind the action related to the supplemental budget appropriation in the amount of $20,000 taken in open session at the February 7, 2017, City Council Meeting.


(2) Rescind the action related to approval of a Professional Services Agreement with Animal Pest Management Services, Inc. in the amount of $15,000 taken in open session at the February 21, 2017, City Council meeting. (3) Authorize and Direct the Mayor to send the attached letter to attorney Daniel W. Fox informing PETA of rescinding the actions. (4) Direct the City Manager to develop a Coyote Management Plan and return to the City Council with a draft plan for review and consideration within 90 days.

Attachments: 1 - Letter from Daniel W. Fox dated March 8, 2017 2 - Proposed Draft Letter to Daniel W. Fox

[DATE] SENT BY U.S. MAIL AND EMAIL [email protected] Daniel W. Fox, Esq. K&L Gates LLP Four Embarcadero Center, Suite 1200 San Francisco, CA 94111 Re:

Your letter of March 8, 2017, to Arcadia City Council Concerning Alleged Brown Act Violation

Dear Mr. Fox: The City of Arcadia (the “City”) has received your above described letter (the “Letter”) alleging a violation of the Brown Act, in particular Cal Gov Code Section 54954.2. Pursuant to Cal Gov Code Section 54960.1, you have demanded that the City Council of the City (the “City Council”) “cure and correct” a certain appropriation of funds (“Appropriation”) made by the City Council at its February 7, 2017, City Council meeting, as described in your Letter. You have specifically demanded that the City Council “formally and explicitly rescind” the Appropriation, among other demands. Please be advised that in open session at its regular meeting on April 4, 2017, the City Council formally and explicitly rescinded the Appropriation. Although it was not the subject of or referred to in your Letter, please be further advised that the City Council also rescinded a certain action taken at its regular meeting on March 21, 2017, to approve a professional services agreement with Animal Pest Management Services, Inc., pertaining to trapping coyotes. Although the City Council took the foregoing actions at its April 4, 2017, meeting, the City firmly asserts that contrary to your Letter, the City did not violate the Brown Act. In particular, the posted agenda for the February 7, 2017, City Council meeting met the agenda posting requirements for taking action concerning the Appropriation as set forth in Cal Gov Code Section 54954.2. As set forth in Section 54954.2, a posted agenda must, and need only, contain “. . . a brief general description of each item of business to be transacted or discussed…. A brief general description of an item generally need not exceed 20 words…. (emphasis added).” The posted agenda for the City Council’s February 7, 2017, meeting met the requirements and standards of Section 54954.2. As your Letter points out, the agenda for the February 7, 2017, City Council meeting described this item as, “Report, discussion and direction regarding coyotes in residential neighborhoods. Recommended Action: Provide Direction to continue public education and outreach efforts.” This description made clear what the subject of the discussion would be, and was not in any way a limitation on what direction the City Council would ultimately provide. There was merely an indication of what staff would recommend, but there was no indication that after discussion and deliberation, the City Council would be limited to accepting staff’s

Daniel W. Fox, Esq. [DATE] Page 2 of

recommendation. Instead, the staff recommendation for direction was only one of other alternatives set forth in the staff report which was part of the City Council agenda packet. And of course, in discussing this item, the City Council was not required to limit its discussion to only the one staff recommendation. The Appropriation was part of the discussion about coyotes, and was appropriately and lawfully part of the direction ultimately given by the City Council to staff. The most important purpose for the agenda posting requirement of the Brown Act was met in this instance. The public was provided ample notice of the subject of the City Council’s discussion and deliberation – what to do about coyotes in the City, such that the public had the ability to make an informed decision on whether to appear at the City Council meeting to support staff’s recommendation, or any other direction which the City Council might ultimately consider and provide following discussion and deliberation. To apply the Brown Act’s agenda description requirement differently, such as here by requiring on the posted agenda cumbersome specificity about each and every option in dealing with coyotes, would place legislative bodies like the City Council in the quagmire of constantly postponing to future meetings decisions concerning agenda items where staff recommendations following discussion and deliberation are merely altered slightly, even when the posted agenda indicated the subject matter of the discussion and deliberation sufficiently to allow the public to reasonably decide whether it had an interest in the subject and should attend the City Council meeting. Although the City Council took the action to rescind the Appropriation, as demanded in your Letter, the City respectfully submits that it is not required by Cal Gov Code Section 54960.1, or otherwise, to address or take action at this time concerning Items 2 and 3 set forth in your Letter, and thus will not presently do so. However, it is worth noting that with respect to Item 2 of your Letter, the appropriation of funds to trap coyotes is not necessarily in and of itself a public hearing item, although any such action would be taken at a public meeting of the City Council. And with respect to Item 3, the City Council always provides to members of the public an opportunity to address the City Council at City Council meetings as required by the Brown Act. Very truly yours,

Tom Beck, Mayor City of Arcadia c: Dominic Lazzaretto, City Manager Stephen P. Deitsch, City Attorney